What are the eligibility requirements?
If you’re a funding recipient, you may be contractually obligated through your funding agreement with the Commonwealth to ensure that contractors seeking to express interest in or tender for Commonwealth funded building work are not subject to an exclusion sanction.
A contractor expressing interest in or tendering for indirectly Commonwealth funded building work will be in breach of the Code unless it (and its related entities) meet section 11 requirements relating to compliance of enterprise agreements.
However, it is not the role of a funding recipient to consider whether the contractor meets the requirements of section 11 of the Code on indirectly funded Commonwealth building work before awarding a contract.
The Code requires that contractors partaking in an EOI/tender process for Commonwealth funded building work must not be subject to an exclusion sanction.
The ABCC is responsible for monitoring compliance with the Code. We publish exclusion sanctions on the Sanctions page, where funding entities, recipients and contractors can confirm the sanction status of relevant respondents.
Workplace relations management plans (WRMPs)
Projects that require a WRMP are those for which:
- the value of the Commonwealth’s contribution to the project that includes the building work is at least $5,000,000 and represents at least 50% of the total construction project value; or
- the Commonwealth’s contribution to the project that includes the building work is at least $10,000,000 (irrespective of its proportion of the total construction project value).
Where a WRMP is required for a project, funding recipients may be contractually required through the funding agreement to:
- ensure the requirement to have a WRMP, approved by the ABCC, is included in all EOI and tender documents
- apply to the ABCC to have a WRMP approved
- ensure that an application to the ABCC for approval of a WRMP is made in the manner and form required by the ABC Commissioner and accompanied by any supporting evidence required by the ABCC
- obtain and provide additional information to the ABCC when requested, to enable the ABCC to make a decision whether or not to approve the proposed WRMP.
You can learn about how to meet the requirements above in the Funding Recipient Model Clauses
Funding recipients may be contractually required through the funding agreement to provide to the ABCC only the WRMPs of those respondents that the funding recipient proposes to shortlist, or has shortlisted, as part of the tender evaluation process.
Typically we receive between one and five WRMPs for each project. As a funding recipient, you’re not required to assess WRMPs—just make sure that we receive them for assessment.
You should submit the WRMPs of shortlisted tenderers only to WRMPAssessments@abcc.gov.au. Please include everything in a single email that indicates the tender to which the WRMP(s) relate. Following this, you’ll receive an automated confirmation of receipt.
Once we complete the assessment, we’ll send you a WRMP assessment record for each WRMP submitted by you to the ABCC, indicating whether it’s been approved or not (and the reasons why).
If we don’t approve a WRMP, you can submit a contractor’s amended WRMP for approval.
If you don’t receive an assessment outcome within two weeks of sending it to us, please contact email@example.com for assistance.
A funding recipient is encouraged as a matter of best practice, (but is not required to) obtain approval from the ABCC for a respondent’s WRMP prior to awarding a tender to the respondent.