Contractors tendering for Commonwealth funded building work are required to demonstrate compliance with Section 11 of the Building Code.  Section 11 prohibits the inclusion of certain clauses in enterprise agreements, for example those that discriminate against employees or subcontractors; or that are inconsistent with the freedom of association.   

To help you understand what you need to do to comply with Section 11, we've developed a proof of eligibility assessment tool, which includes the forms you'll need to demonstrate compliance. 

The ABCC issues Letters of Compliance for enterprise agreements made on or after 25 April 2014 that meet the requirements of the Building Code (an ABCC determination). 

If you're a contractor who requires an ABCC Letter of Compliance, you must apply to the ABCC to have your enterprise agreement assessed. If your enterprise agreement is compliant with the Code, you'll be issued an ABCC Letter of Compliance. 

Your enterprise agreement must also be approved by the Fair Work Commission. 

As part of its approval process, the Fair Work Commission may require an undertaking be given by an employer. This is a commitment that the employer will comply with what is written in the undertaking and may cover things, such as annual leave and award provisions. 

Please be aware any undertaking you agree to will form part of your agreement and is legally binding. 

The ABCC is ready to help you ensure any undertaking you’ve made is consistent with the Code so you are able to obtain a Letter of Compliance. 

For advice, please submit your proposed undertaking to our clause advice inbox clauseadvice@abcc.gov.au