Requirements for engaging non-citizens and non-residents
The Code sets out particular requirements for code covered entities before they employ persons who are not Australian citizens or Australian permanent residents to undertake building work.
Information about the rules for employers who want to hire building workers who are from overseas.
The ABCC will soon be conducting a security of payment audit campaign for employers covered by the Code for the Tendering and Performance of Building Work 2016 (Code).
What should I do if industrial action happens on my site?
If you’re a
code covered entity
undertaking Commonwealth funded building work you must:
If you’re a code covered entity on Commonwealth funded building work (because you expressed interest in or tendered for the work on or after 2 December 2016), you must meet certain requirements of the Code when engaging a subcontractor on that project.
What essential service exemptions are available?
The ABC Commissioner may grant an exemption from the Code to a building contractor or building industry participant under either section 6A or section 6B of the Code if certain conditions are satisfied.
Subcontractors deserve to be paid on time. Their livelihood depends on it.
If you’re owed money by a code covered entity, the ABCC may be able to help.
The ABCC commenced legal action against Big Li Ceiling Pty Ltd in September 2018 following its repeated failure to cooperate with the ABCC during an audit of the company’s payment of employee wages and entitlements.
What is sham contracting?
Sham contracting refers to the act of engaging an individual under a contract for services where the true character of the engagement is an employment relationship.
What are the eligibility requirements for contractors?
For funding entities, the Code sets out two eligibility requirements for contractors expressing interest in or tendering for Commonwealth funded building work. These criteria relate to section 11 of the Code, and exclusion sanctions.