Industry EBA Non-Compliant with New Building Code

Master Builders has received written advice from the Department of Employment confirming our view that Industry EBA 2011-2015 is not compliant with the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014 (the Code), where that agreement is made after 24 April 2014.

On 17 April 2014, the Australian Government published an advance release of the Code which will apply to building contractors wishing to be eligible for federally funded work. On 12 May, an Explanatory Statement was released by the Department of Employment. The Code forms part of the Building and Construction Industry (Improving Productivity) Bill 2014 (the Bill) and will come into effect when the Bill commences as an Act.

Once in effect, the new requirements will impact contractors wishing to be eligible to work on federally funded projects, and will also apply to their privately funded jobs. Code covered entities (including any related entities) considering entering into EBAs after 24 April 2014 need to ensure that the Agreement is compliant with the Code’s requirements.

Based on the advice received from the Department of Employment, a company (including any related entity) signing onto Industry EBA 2011-2015 after 24 April 2014 will be ineligible to work on federally funded projects once the new requirements take effect.

For more information, contact the IR Department on (03) 9411 4560.

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