Assessments for 2009 Guidelines

Previously Assessed

If you have a registered agreement previously assessed as compliant by DEEWR, you will not need to have them reassessed.

DEEWR will not assess unregistered written agreements, side deeds, and draft agreements for compliance with the 2009 Guidelines. Section 6.1.3 of the 2009 Guidelines deems such agreements to be non-compliant.

NOTE: The only unregistered written agreements that DEEWR will assess for compliance with the 2009 Guidelines are common law agreements made between an employer and an individual employee.

Onsite Only

The 2009 Guidelines apply solely to parties who participate in on site activities. On site activities include work performed on auxiliary or holding sites separate from the primary construction site(s) (refer sections 3.1.2 & 3.1.3 of the Guidelines).

NOTE: The 2009 Guidelines requirements for companies in relation to compliance differ from those in the 2006 Guidelines, to tender for work on projects under the 2006 Guidelines you will need to be assessed for compliance with the 2006 Guidelines.

General Information about the assessment process

Timing of assessment

Online assessment takes approximately 10 days to complete, depending on the complexity of the assessment.

Assessment of hard copy industrial instruments that have been faxed or posted to the Department of Education, Employment and Workplace Relations can take up to 28 days to complete.

If your industrial instruments are assessed as Code compliant

You will receive a written assessment of your eligibility to tender for Australian Government construction projects.

NOTE: all related entities of a contractor seeking or engaged in Australian Government construction activity are also required to comply with the Code and Guidelines in respect of any building and construction activities they undertake.

If your industrial instruments are assessed as non Code compliant

You will receive written advice outlining the areas of non-compliance.

If your industrial instrument is not Code compliant you are unable to tender for Australian Government funded building and construction work.

Cost involved

The Department does not charge a fee to assess industrial instruments for compliance with the Code and Guidelines.

Reassessment of changes to workplace arrangements

If you make changes to your workplace arrangements, then this may change the status of your compliance. You must ensure your new arrangements are compliant with the Code and Guidelines before you tender for Australian Government funded work.

Who can help?

For questions about the assessment of workplace arrangements, including industrial instruments (awards, workplace agreements, etc) for Code compliance or for general queries about the Code and Guidelines contact:

• The National Code Hotline: 1300 731 293
• The Code Assessment mailbox: building@deewr.gov.au
• Building Industry Safety and Policy Branch
  Department of Education, Employment and Workplace Relations
  C148CW4
  GPO Box 9880
  Canberra City ACT 2601

Review of a Code Assessment

If you are dissatisfied with the outcome of the assessment of an industrial instrument, or with the way the Department handled your application for assessment, you can contact the Commonwealth Ombudsman. The Ombudsman will investigate action taken by the Department relating to matters of administration only.

Before you approach the Ombudsman, it is a good idea to try to solve the problem with the Department. As a general rule, the Ombudsman will not investigate complaints until they have been raised with the Department. Please contact the National Code Hotline on 1300 731 293.