As communicated via an E-Alert on 9 March 2017, the ABCC has published guidance material to enable stakeholders to consider whether enterprise agreements are compliant with the Building Code 2016.

The guidance is available on the ABCC website in the form of a spreadsheet detailing the ABCC’s advice on the compliance of approximately 500 clauses from agreements that have been submitted by industry to the ABCC or the Department of Employment.  The spreadsheet contains examples of both compliant and non-compliant clauses and will be added to on a regular basis.

A new two-step process for contractors seeking advice on agreements asks industry to use this guidance material to conduct a preliminary review of their agreements prior to submitting them to the ABCC, which will assist in streamlining the assessments process.

The ABCC will continue to provide preliminary advice to those who are awaiting advice on their agreements and will shortly contact all building industry participants who are awaiting advice or a Letter of Compliance to provide them with information on what they can do next depending on their individual circumstances.

Should they wish, those contractors currently awaiting preliminary advice from the ABCC can now use the guidance material to undertake a preliminary review of their agreement and submit a revised version to the agency without losing their current position in the queue. 

Further if they wish to obtain advice on a specific clause which is not in the guidance material before submitting a proposed agreement for assessment, email and advice will be provided quickly.

Where the ABCC has advised contractors that their draft agreement meets the requirements of the Code, and the agreement is subsequently registered with the Fair Work Commission, the ABCC will expedite the assessment of the relevant registered agreement to ensure a timely assessment of the final agreement.  Contractors in this position should indicate that the agreement has been assessed as compliant in draft form when they submit their application to the ABCC for a Letter of Compliance.

To find out whether you require a letter of compliance for your enterprise agreement or are eligible for an exemption, please view the advice on our website here.

As always, any questions about enterprise agreements can be emailed to