What if I don’t comply with the Code?
Where the ABC Commissioner considers a funding entity, or an official, is not complying with, or has not complied with, the Code, the ABC Commissioner may refer the matter or make a complaint to the Secretary of the Department of Finance for investigation or further action.
Lawful entry by union officials
A union official can lawfully enter a site or premises in order to:
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.
A summary of the Code for the Tendering and Performance of Building Work 2016 (the Code).
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.
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.
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.
Victorian building company APM Group (Aust) Pty Ltd (APM) and its related entity APM Holdings (Aust) Pty Ltd has been issued a one-month exclusion sanction for its failure to comply with state security of payments legislation.
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: