On 2 December 2016, the Minister for Employment, issued a new
building code (Building Code 2016). Building Code
2016 applies as and from 2 December 2016.
Enterprise agreements made from 2 December 2016 must comply with
Building Code 2016 in order to be eligible to be awarded
Commonwealth funded work. Construction industry participants
covered by agreements made prior 2 December 2016 have until 29
November 2018 to ensure their agreements comply with Building Code
Contractors wishing to undertake Commonwealth funded building
work now require a letter of compliance (issued by the Australian
Building and Construction Commission (ABCC)) to
confirm they are eligible to tender, regardless of their workplace
arrangements. This includes companies with modern award
The ABCC will issue letters of compliance for:
Enterprise agreements made on or after 2 December 2016 that
meet Building Code 2016 requirements;
Enterprise agreements made before 2 December 2016 (this is
only valid until 28 November 2018); and
Modern Award arrangements or other lawful workplace
The ABCC will also provide preliminary advice on whether draft
agreements meet the requirements of the Building Code 2016.
An entity can only obtain a letter of
compliance and/or by filling out this form.
We note that the order in which letters will be issued and/or
advice given will be chronological based on the order of submission
Given the large number of entities who will be seeking letters
of compliance and/or advice, we recommend taking steps to obtain a
letter of compliance and/or any advice as a matter of priority.
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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A lessee will need to demonstrate that the genuine interests of the lessor will be protected if relief is granted.
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