On 17 April 2014, the Australian Government published an advance release of the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014 (the Code) which will apply to building contractors wishing to be eligible for federally funded work.
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.
The Code emphasises the importance of compliance with the law and freedom of association and requires strict compliance with the right of entry laws by all industry participants.
The Code also provides new requirements with respect to the content of enterprise bargaining agreements (EBAs) and prohibited content, arrangements and practices. The new requirements aim to boost productivity by prohibiting restrictive work practices and discriminatory provisions. These new requirements apply to EBAs made after 23 April 2014.
Having reviewed the new EBA content requirements, it is Master Builders view that CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (Industry EBA 2011-2015) is not compliant with the Code, where that agreement is made on or after 23 April 2014.
Master Builders strongly supports the passage of the Bill which in addition to the new Code, provides for the reinstatement of the ABCC and industry-specific legislation.
Contact the Master Builders Industrial Relations Department on (03) 9411 4560 for further information.