You would be subject to the Code on this project. The Building and Construction Industry (Consequential and Transitional Provisions) Rules 2016 provides that where both codes may otherwise apply, the Code takes priority.
This means that where an expression of interest was submitted prior to 2 December 2016 but a tender for the same work was submitted from 2 December 2016 onwards, the head contractor or subcontractor would be subject to the Code for the work. The head contractor would also need to demonstrate compliance with the Code requirements in order to be eligible to tender for and be awarded the work.
When calling for or receiving an EOI or tender on a Building Code 2013 project after 2 December 2016, you should include the following clause in the advertisement:
'By submitting an expression of interest in, or tender for, this project, you will become subject to the Code for the Tendering and Performance of Building Work 2016.’
You should also provide this information statement to respondents, to inform them that they will become code covered entities. This information statement should be provided in place of using the Building Code 2013 or Code for the Tendering and Performance of Building Work 2016 model clauses.
Please note: you should not request a Letter of Compliance from subcontractors on Building Code 2013 projects.
The head contractor for Commonwealth funded building work that is required to have a WRMP must have a 'fitness for work' policy as part of the WRMP. A fitness for work policy that complies with the drug and alcohol testing requirements in the Building Code 2013 will also comply with the Code.