Building code

Funding recipient - procuring and funding building projects summary

Do I have responsibilities?

The Code for the Tendering and Performance of Building Work 2016 (Code) applies to building work when a funding recipient receives at least $10 million, or $5 million (which is at least 50% of the project’s value) in Commonwealth funding.

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 recipient responsibilities checklist

Expressions of interest and tenders

  • You need to check your agreement with your funding entity as it may require you to comply with certain Code obligations.
  • You are encouraged to notify the ABCC as soon as practicable after release.
  • Your process may need to be consistent with the Code.

Respondents may need to:

  • confirm they, and their related entities, will comply with the Code
  • not be subject to an exclusion sanction
  • 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 are encouraged to notify the ABCC when the contract has been awarded.

Construction phase

  • We encourage you to familiarise yourself with the requirements of the Code and report any breach allegations.
  • 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 | 237KB)

How the ABCC can help

Getting it right

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

Need more information?

Visit the Government 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 20 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 15 November 2019

 
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© Commonwealth of Australia 2019