What are above-entitlement payments?
‘Above-entitlement payments’ refers to any payment or benefit that is above the amount or value of a payment or benefit required to be paid under a Commonwealth industrial instrument or industrial law within the meaning outlined in the FW Act.
If you’re a contractor who’s a code covered entity, you’re not responsible for ensuring that subcontractors whom you engage for privately funded building work comply with the Code.
This means that for privately funded work you should not request Letters of Compliance or Self-Declarations from subcontractors.
The Queensland Government has recently released draft amendments to its General Conditions of Contract (the Contract) which relate to building and construction work procurement.
Below you can review a comprehensive list of all current and previous sanctions imposed by the Minister onto code covered entities.
Current and previous sanctions
There are no current sanctions.
Using the ABCC’s Model Clauses will help you ensure that you comply with the Building Code 2016 (the 2016 Code). You could be breaching the Code if you do not ensure that your subcontractors are Code compliant on Commonwealth funded building work.
The ABCC plays a key role in monitoring compliance with security of payment (SoP) obligations under the Code, and educating Code covered entities on SoP requirements.
Updated Model Clauses and dedicated webpage
To assist funding entities and funding recipients to apply the Code for the Tendering and Performance of Building Work 2016 (2016 Code) on applicable building projects the ABCC has revised a number of key resources including:
In response to queries, the ABCC provides the following guidance to code covered entities on their obligations under section 16 of the Code for the Tendering and Performance of Building Work 2016.
Section 16 of the Code does not require any action to be taken where an employer has authorised the absence of their workers.
Are unregistered agreements permitted?
The Code provides that a
code covered entity
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