Australian Building and Construction Commission

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The Australian Building and Construction Commission (ABCC) has recently released further guidance material in relation to its interpretation of, and likely enforcement approach towards, the freedom of association provision within the Building Code 2013 (Code 2013) and Code for Tendering and Performance of Building Work 2016 (Code 2016).

The freedom of association provisions within both Code 2013 and Code 2016 require building contractors and other building industry participants to adopt policies which ensure that persons are:

  • free to become, or not become, members of industrial associations;
  • free to be represented, or not represented, by industrial associations; and
  • free to participate, or not participate, in lawful industrial activities.

However, the specific requirements with respect to the display of building association logos, mottos and indicia differ between Codes.

The new national code for the tendering and performance of building work 2016 (Code 2016) commenced on 2 December 2016 to coincide with the re-establishment of the Australian Building and Construction Commission (ABCC). The governing legislation is the Building and Construction Industry (Improving Productivity) Act 2016 (Act).

The Code 2016 applies to building contractors carrying out building work from the first time they submit an expression of interest or tender for Commonwealth funded building work on or after 2 December 2016.

Key aspects of the changes deal with eligibility to express interest, tender for and be awarded commonwealth funded building work.