The Code for the Tendering and Performance of Building Work 2016 (the Code) encourages the development of safe, healthy, fair, lawful and productive building sites for the benefit of all building industry participants.

Code covered contractors are reminded of their work health safety obligations on Code covered projects.

Code covered contractors must:

  • Comply with work health and safety laws, including work health and safety training requirements and asbestos safety requirements.
  • Contract to only use products in building work that comply with relevant Australian standards on (directly) Commonwealth funded building work.
  • Comply with drug and alcohol testing requirements on Commonwealth funded building work, including zero tolerance for detectable levels of alcohol, opiates, THC, cocaine, benzodiazepines, amphetamine and methamphetamine.
  • Ensure that any agreement entered into with a subcontractor in relation to Commonwealth funded building work specifies that the subcontractor must act consistently with the Code.
  • Notify the ABCC of a breach, or suspected breach, of the Code as soon as practicable but no later than two working days after becoming aware of the breach or suspected breach and advise the ABCC of the steps proposed to be taken to rectify the breach. If a breach is reported, they must also advise the ABCC of the steps taken to rectify the breach within 14 days of providing the notification.

If the ABC Commissioner recommends a sanction for a breach of WHS law, the Minister must impose an exclusion sanction unless satisfied that it is not appropriate in the circumstances because of the nature of, or factors contributing to, the failure to comply.

The ABCC monitors Court outcomes for proven contraventions of work health and safety laws. A breach of a WHS law is a breach of the Code. The ABC Commissioner will consider contraventions on a case-by-case basis, and where appropriate, will make a recommendation to the Minister that a sanction should be imposed on the Code covered contractor. A sanction may exclude a Code covered contractor for tendering for, or being awarded, Commonwealth funded building work for up to one year.