Fair Work Building and Construction (FWBC) is responsible for monitoring compliance with the Building Code 2013. From 18 May 2016, FWBC’s compliance role will also include assessing new enterprise agreements made on or after this date for compliance against the requirements of the Building Code 2013.
As a result, the existing role will transfer from the Department of Employment to FWBC. This means FWBC will become the central agency to assist the building and construction industry to understand the Building Code 2013.
The transfer follows correspondence from the Minister for Employment to Director Nigel Hadgkiss on 6 May 2016. The Minister rescinded the previous practice of deeming registered enterprise agreements automatically compliant with the Building Code 2013.
Building contractors who are covered by existing enterprise agreements, awards and other workplace arrangements can continue to bid for Commonwealth-funded work. The changes only apply to enterprise agreements made on and from 18 May 2016.
Revised supporting guidelines give effect to these changes. Failure to comply with the Building Code 2013 can result in the Minister issuing an exclusion sanction.
Further detail is available on FWBC’s website. Questions should be submitted in writing to agreementquestions@fwbc.gov.au.
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