Changes to the ABCC and 2016 Code

THE FUNCTIONS AND RESPONSIBILITIES OF THE AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION (ABCC) CHANGED RECENTLY, AS DID THE OBLIGATIONS PLACED ON MEMBERS WHO TENDERED FOR COMMONWEALTH FUNDED BUILDING WORK (BEING “CODE COVERED ENTITIES”) UNDER THE PREVIOUS CODE FOR THE TENDERING AND PERFORMANCE OF BUILDING WORK 2016 (THE 2016 CODE). F ollowing an announcement in July by the new Employment and Workplace Relations Minister, Tony Burke, that Workplace Relations Management Plans (WRMPs). The ABCC will no longer assess WRMPs. The ABCC will not be the 2016 Code would be amended, the accepting new WRMPs submissions and federal government registered a legislative WRMPs previously submitted will not be instrument called the Code for the assessed. Commonwealth WRMPs Tendering and Performance of Building Work are no longer required on any building Amendment Instrument 2022 (the Amended projects. Code), which took effect on 26 July 2022. • Providing certain information in tenders What you need to know and EOIs (s8) The Amended Code removes most of the • Requiring downstream code compliance substantive requirements on code covered from subcontractors (s8) entities (members who sought to undertake • Complying with the security of payment Commonwealth-funded building work), provisions of the Code, including reporting including: disputed or delayed progress payments • Complying with a Workplace Relations under security of payment laws to the

Management Plan (s7) ABCC (s11D)

The Amended Code does not contain • Maintaining any policies with respect to any requirements in relation to freedom of association (s13) • Restricting the rights of entry of an officer of a building association to rights provided under the Fair Work Act (FWA) and relevant work health and safety laws (s14) • Carrying out any drug or alcohol testing under the Code or maintain a policy about drug and alcohol testing (s16(A) & 25) • Reporting actual or threatened industrial action to the ABCC (s16) • Reporting any code breaches to the ABCC (s17). There is also no longer a prohibition on being covered by a non-compliant enterprise agreement or contracting for Commonwealth-funded building work while covered by a non-compliant enterprise agreement. Read more here www.abcc.gov.au/currentabcc-advice-to-industry.

MASTER BUILDERS TEAM OF WORKPLACE RELATIONS EXPERTS IS AVAILABLE TO ASSIST MEMBERS WITH ANY QUERIES. CALL US ON 1300 30 50 10.

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