It has come to our attention that some contractors are requesting letters of compliance when they are not required under the Building Code 2016 (the Code).
The Code only applies in respect of building work. The definition of building work has the same meaning as section 6 of the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act) with a couple of important exclusions that are discussed further below.
The BCIIP Act contains a relatively broad definition of ‘building work’ and all stakeholders should familiarise themselves with its meaning to ensure they are complying with the Code.
It is important to note that under the Code, building work does not include:
- transporting or supplying goods to be used in building work, directly to building sites (including any resources platform) where that work is being or may be performed; or
- the off-site prefabrication of made-to-order components to form part of any building, structure or works unless that work is performed on an auxiliary or holding site that is separate from the primary construction site or sites.
If you need further advice on what constitutes building work, please email email@example.com.
The ABCC recently published another edition of Enterprise Agreement News. This issue covered how to get your agreement assessed if you received a ‘transitional’ letter of compliance, as well as updated guidance material. There are now over 1600 clauses in the guidance material.