Reporting requirements

There are various reporting/notification requirements for code covered entities under the Building Code. The requirements are contained in section 16 (industrial action and secondary boycotts), section 17 (Building Code breaches) and section 11D (security of payment)/ section 11E (disputed payments).

All reports/notifications can be made by emailing: codereporting [at] abcc.gov.au

Industrial action

Code covered entities must report to the ABCC as soon as practicable but no later than 24 hours after becoming aware of the threat or action:

  • any actual or threatened protected or unprotected industrial action by their employees on Commonwealth funded building sites; and
  • any actual or threatened unprotected industrial action by their employees on privately funded building sites.

A code covered entity must also, to the extent reasonably practicable, take steps to prevent or bring an end to industrial action that is not protected action taken by the employees of the entity.

Secondary boycotts

Code covered entities must, in relation to building work, report to the ABCC as soon as practicable but no later than 24 hours after any direct or indirect request or demand is made by a building association that the code covered entity engage in conduct that appears to be for the purposes of a secondary boycott within the meaning of the Competition and Consumer Act 2010.

Breaches or suspected breaches to the Building Code

Code covered entities must notify the ABCC of a breach, or a suspected breach of the Building Code as soon as practicable but no later than two working days after becoming aware of the breach or suspected breach.

When the initial notification is provided, the code covered entity is also required to set out the steps it proposes to take to rectify the breach. Within 14 days, a follow up notification confirming the steps taken to rectify the breach is required.

Security of payment disputes

Code covered entities must report any disputed or delayed progress payments to the ABC Commissioner and the relevant funding entity as soon as practicable after the date on which payment falls due.  Information on what constitutes a disputed or delayed progress payment is located at Security of payments.
 

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Need more information?

For further information, advice or assistance please contact the ABCC at 1800 003 338 or enquiry@abcc.gov.au.