News & Views
8th May 2014
Government Releases Construction Industry Code (Fair and Lawful Building Sites) Code 2014
The Minister for Employment, Senator Abetz, released the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014 (the Code) on 17 April 2014. The Code, which replaces the Building Code 2013 and will come into effect when the Building and Construction Industry (Improving Productivity) Bill commences operation as an Act of parliament.
As with the Building Code 2013 building contractors, building industry participants (Code Covered Entities) who tender for Commonwealth funded building work must comply with the Code. Related entities of Code Covered Entities must also comply. Enterprise Agreements approved by the Fair Work Commission after 24 April 2014 must comply with the Code.
Enterprise Agreements that require contractors to employ non working shop stewards, contain ‘one in all in’ clauses, prescribe ratios of particular types of employees and sub contractors, or require subcontractors to pay their employees the same rate as the enterprise agreement rates will not comply with the Code. Right of Entry arrangements for union officials that are inconsistent with the Fair Work Act will be prohibited under the Code. Code Covered Entities must also comply with relevant legislation including the Competition and Consumer Act 2010, the Work Health and Safety Act 2011 and the Fair Work Act. Click here to read a copy of the new code.
Further information is available from Gordon Jervis on (02)9744 1099 or gordon.jervis@neca.asn.au
