Building code

Funding entity - procuring and funding building projects summary

Do I have obligations?

The Code for the Tendering and Performance of Building Work 2016 (Code) applies to building work when a funding entity issues the EOI or request for tender.

A Workplace Relations Management Plan (WRMP) is required when the Commonwealth contributes to the project at least $10 million, or $5 million (which is at least 50% of the project’s value).

Funding entity obligations checklist

Expressions of interest and tenders

  • Your process needs to be consistent with the Code.
  • You are encouraged to notify the ABCC as soon as practicable after release. Notification is compulsory if a WRMP is required.

Respondents need to:

  • confirm they, and their related entities, will comply with the Code
  • be eligible to work on Code covered building work
  • provide a range of information related to their workforce, relevant court or tribunal decisions and security of payment
  • provide a WRMP if required.

Awarding the contract

  • You must notify the ABCC when the contract has been awarded.

Respondents need to have provided:

  • all required information, including evidence of eligibility
  • an ABCC-approved WRMP if required.

Construction phase

  • You must notify the ABCC of any Code breach allegations.
  • You must respond to any ABCC information requests.
  • We encourage you to make timely payments to contractors as delays can have down-stream effects on cash flow.

Download and print the procuring and funding building projects summary checklist (PDF | 238KB)

How the ABCC can help

Getting it right

The ABCC has developed model clauses for use by funding entities to help comply with the Code. A WRMP model template is also available for you to provide to contractors. Notification forms are also available.

Non-compliance

Where a funding entity fails to comply with the Code, the ABCC may refer the matter to the Secretary, Department of Finance for further investigation and action.

Need more information?

Visit the Goverment section of the ABCC website, or contact us directly for more information or advice about your individual circumstances:

The information contained in this fact sheet is correct as at 19 March 2019 This material is for general information only. You should seek legal advice in relation to your particular circumstances. The Australian Government, its employees and agents do not accept any liability for action taken in reliance on this document and disclaim all liability arising from any error or omission.
 
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This material is for general information only. You should seek legal advice in relation to your particular circumstances. The Australian Government, its employees and agents do not accept any liability for action taken in reliance on this document and disclaim all liability arising from any error or omission.

This fact sheet was printed on 21 November 2019

 
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© Commonwealth of Australia 2019