Building and Construction Industry (Fair and Lawful Building Sites) Code 2014
Monday 5 May 2014 @ 11.13 a.m. | Industrial Law
The Government has released an advanced version of the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014. The code will set out the new guidelines for industry participants and contractors while working on Commonwealth construction projects.
The Building Code has will be an instrument designed to encourage productivity and lawful workplace relations on building sites. It sets out the requirements and guidelines of the Australian Government when it comes to the standards to which building contractors and building industry participants must abide when involved in Government funded construction projects. Contractors will be covered by the Code but also be expected to meet the requirements of the code before being eligible to work on Government funded projects.
The new code will replace the current Building Code 2013 when the Building and Construction Industry (Improving Productivity) Bill 2014 commences as an Act. Under the new code, enterprise agreements and other “procedures” will not be able to contain restrictive work practices or discriminatory provisions. For example, the following practices will not be allowed under the new code:
- requiring contractors to employ a non-working shop steward or job delegate
- clauses that dictate that if one employee is offered over-time, all other employees must be offered over-time whether or not there is sufficient work
- provisions that prevent engaging subcontractors unless they provide certain terms and conditions to workers despite their existing lawful industrial arrangements
- Requiring contractors to obtain the approval of a building association, over the number and types of employees that a contractor may engage on a project.
The code, upon commencement, will only apply in respect of enterprise agreements made on or after the 24 April 2014.
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