Contractors seeking to undertake Commonwealth funded building work have greater clarity with respect to the impact of their enterprise agreements following amendments to the Code for the Tendering and Performance of Building Work 2016.
A New South Wales concrete pumping and placement company has been issued a formal warning for its breach of the 2016 Building Code after the Federal Court found the contractor unlawfully threatened to dismiss workers during enterprise agreement negotiations.
For funding entities, the Code sets out several requirements for entering into contracts related to directly Commonwealth funded building work.
We’ve outlined these requirements for you below.
What is freedom of association?
All employees and contractors have the right to join or not join a union. This is called freedom of association. It can be unlawful for workers to be pressured by a union or by their employer to make a decision about joining, not joining or leaving a union.
What laws must I comply with?
If you’re a code covered entity, you’re required to comply with a number of laws. It’s important to know what these laws are, because failure to comply may result in a breach of the Code.
To help you understand these laws, we’ve outlined them for you below.
What happens if I fail to comply with the Code?
If you’re a code covered entity and you’ve failed to comply with the Code:
What am I required to report?
If you’re a code covered entity, there are various reporting/notification requirements placed on you by the
All employees and contractors have the right to join or not join a building association, whether a union or employer body. This is called freedom of association. Everyone has the right to freedom of association under the law.
Your responsibility to monitor subcontractor compliance
Lawful entry by union officials
A union official can lawfully enter a site or premises in order to: