Most Read Contributor in Australia, September 2016
New rules apply from 1 July 2013 when contracting for State
funded construction projects over $2 million. Additional
requirements apply for building construction projects over $10
million and for road/rail/civil projects over $20 million. A
failure to comply with these Guidelines may result in ineligibility
for State funded construction projects.
The Guidelines set out rule that apply to your workplace
agreements and arrangements. An industrial agreement or other
arrangements will be in breach of the Guidelines if it:
Is an unregistered written individual or collective
agreement with any third party or parties (other than a
common law agreement);
Discriminates against independent contractors.
For example, it contains clauses which increases sub contractor
rates to equal that of employees of the head contractor;
Requires certain workplace behaviours. For
example, contractors and sub contractors cannot be pressured to
make over-award payments, statutory right of entry rights cannot be
modified, ratios of employees or one-in-all arrangements cannot be
imposed, and no conditions on labour hire;
Limits freedom of association. For example,
providing the names of current or potential staff to unions,
holding promotional events or similar practices that imply that
union membership is anything other than a matter for individual
choice, and encouraging or discouraging employees to join a
The Guidelines are not intended to require conduct that would
contravene the Fair Work Act, any provision which does so is
What to do
Review all contracts, subcontracts, and supply agreements to
require compliance with the Guidelines and to ensure access by
Building Construction Code Branch officials to work and
Review any industrial agreements or arrangements that affect
your business to ensure compliance and seek advice if changes are
Develop and implement a workplace relations management plan for
use on larger projects.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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