The Code has two tendering eligibility requirements for code covered entities:

Compliance with Section 11 of the Code

  • Enterprise agreements cannot include certain clauses
  • Requirement for letter of compliance or self-declaration
  • Proof of eligibility assessment tool on our website

Exclusion sanctions

  • Cannot tender if subject to exclusion sanction

To be eligible to be awarded Commonwealth funded building work code covered entities must meet the Code’s eligibility requirements.  

Compliance with Section 11 of the Code
A Code covered entity cannot be covered by an enterprise agreement in respect of building work that includes certain types of prohibited clauses. 

This also applies to the Code covered entity’s “related entities” that are carrying out building work. 

Our proof of eligibility assessment tool on our website will let you know if you need to provide a letter of compliance from the ABCC or a self-declaration. 

Exclusion sanctions
Code covered entities cannot tender or be awarded Commonwealth funded building work if they are subject to an exclusion sanction. Exclusion sanctions are published on our website.