Under the 2016 Code, the ABCC monitors the compliance of code covered contractors with state and territory security of payment legislation.

Code covered contractors must do all of the following:

  • comply with security of payment legislation
  • have a documented dispute settlement process that includes a referral process to an independent adjudicator for unresolved matters
  • report any delayed or disputed progress payments to the ABCC.

Contractors must comply with their dispute settlement process and any independent adjudicator’s determination.

Contractors are encouraged to report to the ABCC any coercive behaviour or undue influence with respect to security of payments, such as pressure not to pursue their rights under state or territory security of payment legislation.

If the contractor engaging in such conduct is covered by the 2016 Code, the ABCC will investigate whether the 2016 Code has been breached.

The ABCC has published information on security of payments and developed a reporting form to assist contractors to meet their obligations and to report potentially non-compliant conduct.

Contractors can report Code breaches and disputed or delayed progress payments to the ABCC by emailing the completed reporting form to securityofpayments@abcc.gov.au.

For further information, advice or assistance please contact the ABCC at 1800 003 338 or enquiry@abcc.gov.au.