The ABCC monitors and promotes compliance with the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act), designated building laws and the Code for the Tendering and Performance of2016 (Code) by building industry participants.
Who is a ‘building industry participant’?
Thedefines a ‘building industry participant’ as any of the following:
- a ‘building employee’
- a ‘building employer’
- a ‘building contractor’
- a person who enters into a contract with a where building work is carried out or arranged
- a ‘building association’ (for example, union or employer association)
- an officer, delegate or other representative of a building association.
Many of these terms are defined in more detail by the BCIIP Act.
What is ‘building work’?
The BCIIP Act gives a relatively broad definition of ‘building work’. It covers a number of things:
- Any of the following activities, where they relate to buildings, structures or works that form, or will form, part of land, whether permanently or temporarily, being:
- The same activities listed above, where they relate to railways (not including rolling stock) and docks.
- The installation of fittings, such as:
- power supply
- water supply
- fire protection
- communications systems.
- Any operation involved in any of the work described above, including:
- site clearance, earth-moving, excavation, tunnelling or boring
- the laying of foundations
- the erection, maintenance or dismantling of scaffolding
- the on-site or off-site prefabrication of made-to-order components
- site restoration, landscaping or the provision of roadways and other access works.
- The transportation or supply of goods to be used for any of the work mentioned above, directly to building sites (including any resources platform) where that work is being, or may be, performed.
What is not defined as ‘building work’?
Building work doesn’t include:
- drilling and excavation, namely the drilling for or extraction of oil or natural gas
- the extraction of minerals, including tunnelling and boring, or construction of underground works for the extraction of minerals
- activities associated with domestic housing, namely:
- the construction, repair, or restoration of a single-dwelling home
- the construction, repair, or restoration of a building, structure, or work associated with a single-dwelling home (e.g. a shed, or a pool)
- the alteration or extension of a single-dwelling home, which remains so after the activity is completed
- a multi dwelling development involving the construction, repair or restoration of four single dwelling homes or fewer. However, if a multi-dwelling development consists of, or includes, at least 5 single dwelling-houses, then this would constitute building work.
Definition of Building Work underfor the Tendering and Performance of Building Work 2016 (Code)
The Code applies the definition of building work in the BCIIP Act with two exceptions. The following types of building work are not subject to the Code:
- the off-site prefabrication of made-to-order components to form part of any building, structure or works, unless that work is performed on an auxiliary or holding site that is separate from the primary construction site or sites.
- the transportation or supply of goods to be used for any of the work mentioned above (in the BCIIP Act definition of 'building work'), directly to building sites (including any resources platform) where that work is being or may be performed.
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