Code for the Tendering and Performance of Building Work 2016
On 2 December 2016, the Minister for Employment, Senator the Hon Michaelia Cash, issued a new building code. The Code for the Tendering and Performance of Building Work 2016 applies to companies who wish to undertake Commonwealth-funded building work.
The Code applies to all new tenders for Commonwealth-funded building work and all building contractors who tender will need to comply with the Code’s conduct requirements on building sites.
Minister’s media release – New building code to improve conduct and boost productivity on building sites.
The Australian Building and Construction Commission assesses enterprise agreements to check for consistency with the requirements of the Code for the Tendering and Performance of Building Work 2016.
Building industry participants requiring further information about complying with the Code should visit the Australian Building and Construction Commission website.
Building Code 2013
The obligations in the Building Code 2013 will continue to apply to Commonwealth-funded building work for which expressions of interest or tenders were issued prior to the commencement of the new code.
An explanatory statement to the Building Code 2013 is also available.
Supporting Guidelines for the Building Code 2013 detail the processes for Commonwealth funding entities to monitor and report on compliance for building work subject to the Building Code 2013. It also details the processes that will be used to determine whether a sanction should be imposed on a building industry participant for non-compliance.
Model Clauses for Tender and Contract Documentation are available to assist funding entities and funding recipients prepare tender and contract documentation. The Building Code 2013 continues to apply in relation to building work to which it applied immediately before 2 December 2016.
Please note that these clauses are only suitable to use for procurements where tenders were received prior to 2 December 2016 yet the contract has not yet been executed. The Code for the Tendering and Performance of Building Work 2016 applies to expressions of interest or tenders called from 2 December 2016. Model Clauses are available from the Australian Building and Construction Commission website.