Frequently asked questions (FAQs)

General

Question

Answer

Resource

I have a question. Where can I send it to?

The ABCC has a number of mailboxes you can send your enquiry to depending on the information you are seeking. Please see our Contact List. If your question is related to the progress of your enterprise agreement please contact 1800 003 338.

Contact List

What is a “code covered entity”?

A Code covered entity is a building contractor or building industry participant that has submitted an expression of interest (EOI) or tender (howsoever described) for Commonwealth funded building work on or after 2 December 2016, and therefore become subject to the Building Code 2016. Specific requirements in the Building Code 2016 apply to code covered entities.   Refer to section 34 of the BCIIP Act, and Section 6 of the Building Code 2016.

Building and Construction Industry (Improving Productivity) Act 2016

Building Code 2016

Who is a building industry participant?

Section 5 of the BCIIP Act defines a ‘building industry participant’ to be any of the following:

  • a ‘building employee’

  • a ‘building employer’

  • a ‘building contractor’

  • a person who enters into a contract with a building contractor where building work is carried out or arranged

  • a ‘building association’ (e.g. union or employer association) or

  • an officer, delegate, or other representative of a building association.

Note that the definition of building work in the Building Code is narrower than the definition in section 6 of the BCIIP Act – see below.

Building and Construction Industry (Improving Productivity) Act 2016

What is building work for the purpose of the Building Code 2016?

Section 6 of the BCIIP Act contains a relatively broad definition of ‘building work’ for the purposes of the Act. Part 1, Section 3(4) of the Building Code 2016 indicates that building work for the purpose of the Code is the same as defined in the Act, subject to two limitations. 

The Building Code does not apply to the following: 
-    transporting or supplying goods to a building site (work that is described in paragraph 6(1)(e) of the Act);
-    the off-site prefabrication of made to order components to form part of any building, structure or works unless that work is performed on an auxiliary or holding site that is separate from the primary construction site or sites.
Please see the ‘Our Jurisdiction Factsheet’ for further information.  
 

Building and Construction Industry (Improving Productivity) Act 2016

Building Code 2016

Our Jurisdiction Factsheet
 

Does my enterprise agreement apply to building work?

The ABCC does not provide definitive advice on the coverage of enterprise agreements. Advice on building work is limited to advice on whether particular work on specific projects is defined as building work.

The ABCC may be able to provide general advice regarding the principles that would apply when considering whether the enterprise agreement MAY cover building work.

 

Building and Construction Industry (Improving Productivity) Act 2016

Our Jurisdiction Factsheet

Eligibility to tender

Do subcontractors I engage need to comply with Building Code 2016??

Under the Building Code 2016, a code covered entity is required by section 8(5) of the Building Code 2016 to ensure that subcontractors comply with the Building Code 2016 in respect of Commonwealth funded building work.

A code covered entity is also required by section 8(4) of the Building Code 2016 to ensure that an agreement entered into in relation to building work with a subcontractor requires the subcontractor to act consistently with the Building Code 2016.

Where a contractor on a project is covered by the 2013 Code, not the 2016, it does not need to ensure subcontractor compliance but will need to provide an information statement to inform the subcontractor that it will become a code covered entity when it tenders for the project. Please see the table on the interaction of the 2013 and 2016 Building Codes.

 

Building Code 2016

Key Transitional Arrangements Table

Can I tender for Commonwealth funded building work?

All companies are eligible to tender for (but not be awarded) Commonwealth funded building work during the transition period (up to and including 31 August 2017).

To help you understand whether you are eligible for an exemption either during or after the transition period, the ABCC has updated the proof of eligibility table for Commonwealth funded building work. Please review this document carefully as the proof of eligibility has a number of self-declarations and information about eligibility which may or may not apply depending on your company’s circumstances.

 

Proof of Eligibility Table 

Eligibility to Tender Webpage

I pay my employees in accordance with a modern award and am not covered by an enterprise agreement.

Can I be awarded Commonwealth funded building work? What evidence do I need?

Companies that only pay in accordance with a modern award are eligible to tender for and be awarded Commonwealth funded building work.

Please download and use Self-declaration Form A. You do not need this approved by the ABCC.

Self-Declaration A

 

Evidence to demonstrate eligibility

What is a Letter of Compliance?

A Letter of Compliance is a determination made by the ABCC under Section 22 of the Building Code 2016 that an enterprise agreement meets the requirements of section 11 of the Building Code 2016. 

Contractors require either a Letter of Compliance and/or an appropriate Self-Declaration to be eligible to express interest in, tender for and be awarded Commonwealth funded building work. 

Refer to the new proof of eligibility table for the required evidence of compliance based on your company’s circumstances.

Building Code 2016

Proof of Eligibility Table

Do I always need a Letter of Compliance?

The evidence required of each contractor is different depending on the type of industrial arrangement(s) the contractor operates under, when the arrangement(s) was/were made, and when the contractor has/is tendering for Commonwealth funded building work.

The ABCC has developed a proof of eligibility table for contractors to guide them as to whether they require a Letter of Compliance and/or a Self-Declaration to express interest in, tender for and be awarded Commonwealth funded building work.

Proof of Eligibility Table

What forms of evidence cannot be used to demonstrate compliance with section 11 of the Building Code 2016?

The ABCC is the only agency that can issue Letters of Compliance and from which Self-Declarations can be downloaded and completed, so that that you demonstrate eligibility to express interest in, tender for and be awarded a contract for Commonwealth funded building work.

You cannot use letters issued by state or territory departments or old letters from the Department of Employment or DEEWR or from Fair Work Building and Construction as evidence of compliance with Section 11 of the Building Code 2016. 

In addition, some ABCC Letters of Compliance previously issued in relation to enterprise agreements made prior to 2 December 2016 are no longer valid (transitional letters of compliance). You can identify these non-valid transitional letters of compliance because they state you can tender until 29 November 2018.

All proof of eligibility requirements are set out in the proof of eligibility table.

Proof of Eligibility Table

What evidence do I need if my enterprise agreement was made before 25 April 2014 and has not since been varied?

If your agreement was made before 25 April 2014 and has not been varied since, you can use Self-Declaration Form A. You do not need this approved by the ABCC.

Self-Declaration A

What evidence do I need if my business is covered by a modern award or other lawful workplace arrangement?

If your business is covered by a modern award or other lawful workplace arrangement you can use Self-Declaration Form A. You do not need this approved by the ABCC.

Self-Declaration A

Post transitional arrangements

What is changing from 1 September 2017?

From 1 September 2017 contractors will not be able to express interest in, tender for or be awarded directly Commonwealth funded building work if they or their related entities are covered by a non-compliant enterprise agreement unless one of the exemptions outlined in Schedule 5 (1) applies.

These exemptions relate to:

  • enterprise agreements made before 25 April 2014 and not since varied in accordance with section 207 of the Fair Work Act 2009.
  • enterprise agreements made before 2 December 2016, that apply to the contractor, participant or related entity in respect only of building work relating to an expression of interest or tender lodged by the contractor or participant before 2 December 2016.
  • the awarding, before 29 November 2018, of building work related to an expression of interest lodged by the contractor in the period beginning 2 December 2016 and ending on 16 February 2017 (unless the contractor is also covered by a non-compliant agreement made on or after 2 December 2016).

Building Code 2016

Proof of Eligibility Table

 

What does this mean for contractors?

From 1 September 2017 the evidence of eligibility that a contractor must submit when expressing interest in and tendering for Commonwealth funded building work will be simplified. Respondents must submit Self-Declaration A or C, or an ABCC Letter of Compliance to demonstrate eligibility.  Contractors must provide this evidence in respect of the industrial instrument that will apply to them in relation to the building work the contractor is bidding for. This has been streamlined from the five types of self-declaration previously available during transition..

Proof of Eligibility Table

 

What do contractors need to do?

On Commonwealth funded building work only, contractors that are 2016 code covered entities* need to:

Update their EOI/tender and contract documentation for new projects** to include the revised Model Clauses (or equivalent provisions) for processes commencing from 1 September 2017.

Ensure they confirm valid evidence of eligibility has been submitted by subcontractors responding to EOIs/tenders from 1 September 2017 (updated Declaration of Compliance and Attachment A Mandatory Information, and either a Letter of Compliance or Self-Declaration A or C).

*Contractors are code covered entities (CCE) once they have expressed interest in or tendered for Commonwealth funded building work on or after 2 December 2016.

Model Clauses for Tender and Contract Documentation for Contractors and Subcontractors (Model Clauses Type B)

 

What do funding entities need to do?

  • Update their EOI/tender and contract documentation for directly funded projects to include the revised Model Clauses (or equivalent provisions) for processes commencing from 1 September 2017.
  • Ensure they confirm valid evidence of eligibility has been submitted by respondents to EOIs/tenders from 1 September 2017 (updated Declaration of Compliance and Attachment A Mandatory Information, and either a Letter of Compliance or Self-Declaration A or C).

Funding Entity and Recipient Clauses for Directly Commonwealth Funded Building Work

What if a contractor expressed interest prior to 1 September 2017 but will be submitting a tender from 1 September 2017. What evidence do they need to demonstrate compliance with section 11?

If a contractor expressed interest for a project prior to 1 September 2017 utilising Self-Declarations B, D or E they must provide an ABCC Letter of Compliance to demonstrate eligibility to tender after 1 September 2017. Contractors must also submit a Declaration of Compliance which will require them to list all enterprise agreements made or varied on or after 25 April 2014 that cover them or their related entities and confirm those enterprise agreements are also compliant (e.g. date of Letter of Compliance).

If a contractor expressed interest or tendered for a project prior to 1 September 2017 utilising Self-Declarations A or C they can continue to rely on those Self-Declarations after 1 September 2017 provided their circumstances have not changed (i.e. they have not made a new enterprise agreement or varied an agreement).

Proof of Eligibility Table

What if a contractor tendered prior to 1 September 2017 but the project will be awarded after 1 September 2017. What evidence does the contractor need to demonstrate compliance with section 11?

If a contractor tendered for a project prior to 1 September 2017 utilising Self-Declarations B, D or E they must provide a Letter of Compliance to demonstrate eligibility to be awarded the work after 1 September 2017. Contractors will also be required to submit a Declaration of Compliance which will require them to list all enterprise agreements made or varied on or after 25 April 2014 that cover them or their related entities and confirm those enterprise agreements are also compliant.

If a contractor expressed interest or tendered for a project prior to 1 September 2017 utilising Self-Declarations A or C they can continue to rely on those Self-Declarations after 1 September 2017 provided their circumstances have not changed (i.e. they have not made a new enterprise agreement or varied an agreement).

Proof of Eligibility Table

Letters of Compliance

How do I get a Letter of Compliance?

The ABCC issues Letters of Compliance for registered enterprise agreements made on or after 25 April 2014 that meet Building Code 2016 requirements (an ABCC Determination).

Before submitting your registered enterprise agreement you are strongly encouraged to undertake a preliminary review of the agreement using the guidance material provided by the ABCC. This will make the process of assessing your enterprise agreement significantly quicker. 

If you have completed a preliminary review of your enterprise agreement and consider it likely to be Building Code 2016 compliant you may submit your registered agreement to the ABCC for assessment using the Advice request/Letter of Compliance Form.

Preliminary Review

Request for advice/Letter of Compliance Form

Guidance Material

My enterprise agreement has just been approved by the Fair Work Commission.  Do I also need a Letter of Compliance?

Yes. This is a separate process.  If you are not covered by one of the exemptions, you will not be eligible to express interest in, tender for or be awarded Commonwealth funded building work while you are covered by a non-compliant agreement in respect of building work. You may wish to obtain independent legal advice regarding your circumstances.

Proof of Eligibility Table

My employees have voted to vary my enterprise agreement and I am waiting for approval from the Fair Work Commission. Am I eligible to tender and be awarded contracts?

A Letter of Compliance will not be issued until the variation to the agreement has been approved by the Fair Work Commission. Until that time, you are still covered by the original enterprise agreement and will not be eligible to tender if that agreement is not compliant.

Proof of Eligibility Table

What happens if the enterprise agreement I submitted to receive a Letter of Compliance does not meet the requirements set out in section 11 of the Building Code?

If you are not covered by one of the exemptions, you will not be eligible to express interest in, tender for or be awarded Commonwealth funded building work while you are covered by a non-compliant agreement in respect of building work. You may wish to obtain independent legal advice regarding your circumstances.

Proof of Eligibility Table

Application of Code Amendments to Enterprise Agreement Content Fact Sheet

What happens after my enterprise agreement is assessed?

If your registered agreement is assessed as compliant you will receive a Letter of Compliance (an ABCC Determination).

If your agreement is not assessed as compliant you will be advised which particular clauses do not meet the requirements of the Building Code 2016.

 

What if I receive a letter and table containing implementation advice?

The implementation advice is provided for clauses that are compliant with the Code and can be included in an enterprise agreement. The advice is to let the stakeholder know that if the clause is implemented in a certain way, the stakeholder may breach the Building Code 2016 through its conduct.

 

Transitional Letters of Compliance

I have received a ‘transitional letter’ of compliance for an enterprise agreement made before 2 December 2016. Is this still valid?

No. The ABCC formerly issued ‘transitional letters’ of compliance for enterprise agreements made before 2 December 2016. You can identify these transitional letters of compliance as they state you are eligible to tender until 29 November 2018.

If the ABCC issued you with a Letter of Compliance for an enterprise agreement made before 2 December 2016 that states you are eligible to tender until 29 November 2018, this letter is no longer valid as evidence that you are eligible to express interest in, tender for or be awarded a contract for Commonwealth funded building work.

You will instead need to complete the appropriate Self-Declaration or apply for an ABCC Letter of Compliance depending on your company’s circumstances. Please see the Proof of Eligibility Table.

Proof of Eligibility Table

If I have received a ‘transitional letter’ of compliance but I still want my enterprise agreement/s assessed what do I need to do?

If you seek to have the registered enterprise agreement assessed for compliance, please resubmit the enterprise agreement using the Advice request/Letter of Compliance Form. As part of this process you will be asked to undertake a preliminary review of the enterprise agreement against the guidance material published on our website (this process is compulsory for proposed agreements and recommended for registered agreements).

If you do not resubmit your enterprise agreement the ABCC will consider the file closed and your agreement will not be assessed.

Request for advice/Letter of Compliance Form

Preliminary Review

Self-Declarations

What is a Self-Declaration?

Self-Declarations provide a streamlined form of evidence for those situations where a Letter of Compliance may not be required. There are now two Self-Declarations, which outline in what circumstance they can be utilised, and for how long they are valid. These provide companies and funding entities assurance that Building Code 2016 requirements are being met.

For further information please see the Proof of Eligibility Table.

Proof of Eligibility Table

Which Self-Declaration form do I need to use?

There are still two different Self-Declaration forms available (A and C) for contractors to demonstrate eligibility to express interest in or tender for Commonwealth funded building work. All requirements are set out in the Proof of Eligibility Table which indicates the required Self-Declaration and/or Letter of Compliance based on your specific scenario.

Proof of Eligibility Table

We do not have an enterprise agreement. Do I need a Letter of Compliance?

No. If a modern award or other lawful arrangement applies to you and you are not covered by an enterprise agreement you are eligible to express interest in, tender for and be awarded Commonwealth funded building work without a Letter of Compliance.  You must instead use Self-Declaration A to demonstrate eligibility to express interest, tender and be awarded a contract.

If you make an enterprise agreement in the future, it is important to be aware that you will be required to demonstrate that the agreement meets the requirements of the Building Code 2016 when you express interest in or tender for Commonwealth funded building work. The ABCC can provide preliminary advice on whether a proposed agreement meets the requirements of the Building Code 2016.

Self-Declaration A

Where can I find a copy of the Self-Declaration forms?

A link to each different Self-Declaration forms is included in the Proof of Eligibility Table and on the resources page under forms.

Building Code Resources

Where do I submit the Self-Declaration form?

It is not a requirement to submit your Self-Declaration Form(s) to the ABCC. These are intended to be submitted to the party requesting the tender, as evidence of your eligibility to express interest in and/or tender for a project

 

Preliminary advice on proposed (draft) agreement

Can the ABCC provide advice on whether a proposed enterprise agreement meets the requirements of the Building Code 2016?

Yes. The ABCC provides preliminary advice on whether a proposed enterprise agreement, if made and approved in a certain form, would become an enterprise agreement that meets the requirements of section 11 of the Building Code 2016.

Agreements can be submitted for assessment using the Request for Advice/Letter of Compliance form.

Request for advice/Letter of Compliance Form

How do I apply to have my enterprise agreement assessed for compliance with the Building Code 2016?

To streamline the assessment process, the ABCC introduced a two-step process which requires stakeholders to undertake a preliminary review of any proposed agreement before submitting it to the ABCC for consideration. Use the guidance material of clauses to undertake your preliminary review.

If you have completed a preliminary review of your proposed enterprise agreement and consider it likely to be Building Code 2016 compliant you should use the Request for Advice/Letter of Compliance Form to receive preliminary advice on your proposed agreement. The application to have your agreement assessed should be submitted to agreements [at] abcc.gov.au (subject: PRELIMINARY%20ADVICE%20ON%20PROPOSED%20(DRAFT)%20AGREEMENTS) .

Preliminary Review

Request for Advice/Letter of Compliance Form

Preliminary Review

Guidance Material

What happens if I don’t undertake a preliminary review of my agreement?

If you are submitting a draft enterprise agreement for assessment and, during the course of the assessment, the ABCC finds multiple non-compliant clauses that were contained in the guidance material, the ABCC will not continue with the assessment. The ABCC will advise you that your proposed agreement does not meet the requirements of the Building Code 2016 and ask you to use the preliminary review tool before resubmitting.

If you are seeking assessment of a registered (Fair Work Commission approved) enterprise agreement, it is not mandatory to undertake a preliminary review but it will help expedite the process.

Preliminary Review

Guidance Material

Where do I get advice about a specific clause in my enterprise agreement that I am unsure about?

There may be clauses that do not appear in the guidance material but you consider possibly non-compliant. These individual clauses can be submitted for advice to clauseadvice [at] abcc.gov.au.

A quicker turnaround is provided on these clauses as they are much quicker to assess than whole agreements and they are then added to the guidance material to help the whole industry.

 

What happens after my enterprise agreement is assessed?

If your agreement is a draft you will receive preliminary advice on whether it meets the requirements of the Building Code 2016 (and if not compliant, which clauses and why).

If your agreement is a registered agreement, you will receive either a Letter of Compliance or advice as to which clauses in your agreement do not meet the requirements of the Building Code 2016.

You may also receive “implementation advice” about certain clauses. This means that certain clauses are compliant, and will not prevent you being issued a Letter of Compliance, but that their implementation in a particular way could result in a breach of the Building Code 2016.

 

Can I lodge multiple enterprise agreements in one application form?

Yes. Multiple enterprise agreements can be submitted on the one form.

Request for Advice/Letter of Compliance Form

Drafting an enterprise agreement

What should I take into consideration when drafting an enterprise agreement if I would like it to meet the requirements set out in the Building Code 2016?

The ABCC will only issue a Letter of Compliance when it is satisfied the enterprise agreement meets the requirements of section 11.  Section 11 of the Building Code 2016 outlines the clauses that are not permitted in enterprise agreements when tendering for Commonwealth funded building work.

The ABCC has also published guidance material which provides advice on whether clauses meet the requirements of the Building Code 2016. This is updated regularly.

Building Code 2016 Guidance Material

Does the ABCC have a ‘template’ enterprise agreement that meets the requirements set out in the Building Code 2016?

No. Enterprise agreements are agreements made between employers and employees about terms and conditions of employment.

 

What resources are available to assist me with meeting the requirements set out section 11 of the Building Code?

The ABCC has published guidance material in the form of an extensive list of clauses from enterprise agreements that have been submitted for assessment to the ABCC (or to the Department of Employment prior to 2 December 2016). The list contains advice about whether the clauses meet the requirements of section 11 of the Building Code 2016. 

Clauses that do not meet the requirements of the Building Code 2016 are marked in the list as “non-compliant”. The list also includes examples of clauses that have been assessed as “compliant”, or “compliant with feedback” regarding their on-site implementation.

The list is updated regularly so you should access the latest version from the ABCC’s website.

Guidance Material

Progress of enterprise agreements

How can I get a progress update on the status of my agreement assessment?

Please call the ABCC Hotline on 1800 003 338 between 8.30am and 5pm EST and press 2 for a progress update. A case manager will talk with you about your assessment status.

 

I am in a tender process and need a Letter of Compliance. Should I contact the ABCC?

Please call the ABCC Hotline on 1800 003 338 between 8.30am and 5pm EST and press 2 for a progress update. A case manager will talk with you about your individual situation.

 

While I am waiting for my enterprise agreement assessment, is there anything I can do to expedite the process?

The actual time it takes to assess an enterprise agreement varies based on a number of factors including the agreement’s length and the extent to which it is compliant with the Building Code 2016. Agreements that are compliant, or mostly compliant, are much quicker to assess.

Preliminary review/self-assessment
Utilising the ABCC’s guidance material can help you identify if your agreement does not meet the requirements of the Building Code 2016. Use this to undertake a preliminary review.

If you find clauses in your agreement that do not meet the requirements based on the advice in the guidance material, this is a clear indication of the advice the ABCC would give about your agreement, namely, that the ABCC could not issue you with a letter of compliance for that agreement.

Seek assessment of a revised proposed enterprise agreement
You will not lose your place in the queue if you substitute the agreement awaiting assessment for a revised proposed agreement. Email your proposed agreement to agreements [at] abcc.gov.au (subject: Progress%20of%20enterprise%20agreements) . Please ensure that you quote your AGR number and explain that you would like the proposed version assessed instead. Your proposed agreement will be assessed instead of the original registered agreement submitted for assessment.

Seek assessment on individual clauses
As an alternative to submitting an entire agreement, you may also email clauseadvice [at] abcc.gov.au (clauseadvice)@abcc.gov.au with individual clauses that are not in the guidance material and about which you would like advice.  Such requests will be answered more quickly than submitting an entire agreement.

Preliminary Review

 

Guidance Material

I want to submit a draft agreement for assessment. What can I do to find out if my agreement is compliant and expedite the process?

The actual time it takes to assess an enterprise agreement varies based on a number of factors including the agreement’s length and the extent to which it is compliant with the Building Code 2016. Agreements that are compliant, or mostly compliant, are much quicker to assess.

Self-assessment – mandatory two-step process for proposed agreements
To streamline the assessment process, the ABCC has introduced a two-step process which requires stakeholders to undertake a preliminary review of any proposed agreement before submitting it to the ABCC for consideration.

The ABCC’s guidance material contains a spreadsheet with advice on whether clauses meet the requirements of the Building Code 2016. Before submitting your proposed agreement for assessment, you must check your agreement against the clauses in the spreadsheet. If your agreement contains clauses that do not meet the requirements, this is a clear indication that the ABCC cannot issue a letter of compliance for that agreement.

If you submit a proposed enterprise agreement for assessment and, during the course of the assessment, the ABCC finds multiple non-compliant clauses that were contained in the guidance material, the ABCC will not continue with the assessment. The ABCC will advise you that your agreement does not meet the requirements of the Building Code 2016 and ask you to use the preliminary review tool before resubmitting.

Once you have completed a preliminary review, if you believe it is likely to be compliant with the Building Code is it ready to submit to the ABCC. The ABCC will then assess it clause by clause and advise whether it meets the requirements of the Building Code 2016.
Seek assessment on individual clauses

As an alternative to submitting an entire agreement, you may also email clauseadvice [at] abcc.gov.au with individual clauses that are not in the guidance material and about which you would like advice.  Such requests will be answered more quickly than submitting an entire agreement.

Preliminary Review

 

Guidance Material

I want to submit an FWC approved (registered) agreement for assessment. What can I do to expedite the process?

The actual time it takes to assess an enterprise agreement varies based on a number of factors including the agreement’s length and the extent to which it is compliant with the Building Code 2016. Agreements that are compliant, or mostly compliant, are much quicker to assess, as are individual clauses.

There are steps you can take below to expedite the process.

Self-assessment
Utilising the ABCC’s guidance material can help you find out if your agreement does not meet the requirements of the Building Code 2016. The guidance material includes a spreadsheet with advice on whether clauses meet the requirements of the Building Code 2016. Use this spreadsheet to undertake a preliminary review.

If you find clauses in your agreement that do not meet the requirements based on the guidance material, this is a clear indication of the advice the ABCC would give about your agreement, namely, that the ABCC could not issue you with a letter of compliance for that agreement.

Seek assessment of a revised proposed enterprise agreement
If you know from undertaking a preliminary review using the guidance material that your agreement does not meet the requirements of the Building Code 2016, you may prefer to submit a proposed agreement for assessment.

Seek assessment on individual clauses
As an alternative to submitting an entire agreement, you may also email clauseadvice [at] abcc.gov.au with individual clauses that are not in the guidance material and about which you would like advice.  Such requests will be answered more quickly than submitting an entire agreement.

 

Workplace relations management plans

What is a WRMP (Workplace Relations Management Plan)?

A WRMP is a comprehensive, practical plan that outlines how a tenderer will comply with the requirements of the Building Code on a particular project.

A WRMP approved by the ABCC is required by a head contractor on Commonwealth funded building work that meets the relevant threshold in Schedule 2 of the Building Code 2016.

Building Code 2016

Is a WRMP required for all Commonwealth funded building projects?

No. WRMPs are only required on projects that meet the required funding threshold for a WRMP to be in place. These are set out in Section 30 and Schedule 2 of the Building Code 2016.

Model Guide
WRMP Webpage

Where can I get some guidance on drafting a Workplace Relations Management Plan?

The ABCC has developed a guide, which includes a model WRMP, to assist tenderers in meeting their obligations under the Building Code 2016. 

Please note: WRMPs that are modelled on state based requirements/templates rather than the ABCC model will not be approved.

Model Guide

Who submits the WRMP to the ABCC for assessment?

WRMPs are required to be submitted by tenderers to the agency conducting the procurement process (not the ABCC directly). It is the agency that is required to submit the WRMPs of their shortlisted candidates to the ABCC for approval, and no direct interaction occurs between the ABCC and the tenderer in respect of project specific WRMPs.

Funding Entity Webpage

I am an agency conducting a procurement process. Where do I send the WRMP to for assessment?

The agency conducting the procurement process can submit Workplace Relations Management Plans to WRMPAssessments [at] abcc.gov.au for assessment.

 

Need more information?

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