Watchdog to assess EAs for code compliance

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Watchdog to assess EAs for code compliance

Fair Work Building and Construction will now assess new enterprise agreements made on or after 18 May 2016 for compliance with the Building Code 2013.

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From Wednesday 18 May, any new enterprise agreements entered into by building contractors or building industry participants need to be compliant with the current Building Code 2013 in order for contractors to be eligible for work on future Commonwealth funded construction projects.

Fair Work Building and Construction (FWBC) is responsible for monitoring compliance with the Building Code 2013. From 18 May, FWBC’s compliance role will also include assessing new enterprise agreements made on or after 18 May 2016 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 code.

The previous practice of deeming registered enterprise agreements automatically compliant with the Building Code 2013 has been rescinded.

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.

A 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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