Welcome to the first edition of Enterprise Agreement News. In this edition we will be discussing evidence required to tender for Commonwealth funded building work.
The Building Code 2016 (the Code) requires contractors bidding for Commonwealth funded building work to confirm they are eligible to be awarded such work, including confirming they meet the requirements of section 11 of the Code which pertains to the content of enterprise agreements.
To demonstrate compliance with section 11 of the Code contractors need to provide one of two forms of evidence to the funding entity when tendering for Commonwealth funded building work – an ABCC Letter of Compliance and/or a Self-Declaration.
These forms of evidence are briefly explained below, however for a full overview of the necessary evidence for a contractor to demonstrate compliance, please refer to the Proof of Eligibility Table which includes self-declaration templates and the Eligibility to Tender page on our website.
The ABCC issues Letters of Compliance for enterprise agreements made on or after 25 April 2014 that meet the requirements of the Code. Contractors requiring a Letter of Compliance must apply to the ABCC to have their enterprise agreement assessed, and to subsequently be issued with an ABCC Letter of Compliance.
Some contractors may also require, or instead rely on, a self-declaration if they fit one of the following situations:
- they operate under a modern award or other lawful workplace arrangement;
- they operate under an enterprise agreement that was made prior to 25 April 2014 and has not been varied;
- they submitted an EOI or tender for the Commonwealth funded building work between 2 December 2016 and 16 February 2017 (and have not made an enterprise agreement since 2 December 2016); or
- they submit an EOI or tender for Commonwealth funded building work between 17 February 2017 and 31 August 2017 (and have not made an enterprise agreement since 2 December 2016). Please note that this category can tender but not be awarded a contract except in very limited circumstances.
Contractors cannot use letters issued by state or territory departments or old letters/templates from the Department of Employment or DEEWR or from Fair Work Building and Construction as evidence of compliance with Section 11 of the Code. Finally, if you received a ‘Transitional’ Letter of Compliance from the ABCC for an agreement made before 2 December 2016 this is also no longer valid due to legislative amendments made to the Code in February 2017.
For further information please visit our website, www.abcc.gov.au or call the ABCC Hotline on 1800 003 338.
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Agreements Team – Australian Building and Construction Commission.