30 May 2016Streamlined Building Code compliance requirements for contractors

Building and construction contractors covered only by a modern award do not require a letter of compliance from Fair Work Building and Construction to demonstrate compliance with the Building Code 2013 (the Building Code) when tendering for Commonwealth funded building work.

Building industry participants seeking to engage Building Code compliant subcontractors on Commonwealth funded projects are advised that:

  • the tenderer’s declaration of compliance is all that is required from tenderers covered by an enterprise agreement made before 18 May 2016 or a modern award; and
  • the tenderer’s declaration of compliance and an FWBC letter of compliance is required from tenderers covered by an enterprise agreement made or varied on or after 18 May 2016.

FWBC assesses enterprise agreements made on or after 18 May 2016 to check for consistency with the Building Code requirements in line with its functions under the Fair Work (Building Industry) Act 2012.

This means that building contractors who are covered by an enterprise agreement made or varied on or after 18 May 2016 require a letter from FWBC to demonstrate their agreement complies with the Building Code.

Tenderers covered by a modern award may rely on FWBC fact sheet (PDF | HTML) to demonstrate that a letter of compliance is not required.

Building industry participants requiring further information about complying with the Building Code 2013 should visit Enterprise Agreement Assessments at the FWBC website.

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