Your responsibility to monitor subcontractor compliance
Information about the rules for employers who want to hire building workers who are from overseas.
A head contractor is the entity who manages or controls a building site.
Their responsibilities including engaging subcontractors and ensuring that all requirements of the Code are met, when they are contracted to undertake Commonwealth funded building work.
This section covers rights and responsibilities in relation to right of entry, coercion, discrimination, wages and entitlements, industrial action, freedom of association, unlawful pickets and independent contractors.
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.
The ABCC is reminding all building industry participants ahead of nation-wide rallies on 10 April to familiarise themselves with their rights and responsibilities in relation to workers who wish to attend a rally.
Monitoring compliance with the Code: what to expect
At the ABCC, we monitor compliance with the Code by code covered entities, primarily on Commonwealth funded building work but also on their private projects.
We monitor compliance through conducting site inspections and audits.
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.