I have previously been assessed by DEEWR as compliant with the 2006 Guidelines. Will I need to have my industrial instruments reassessed to be considered compliant under the 2009 Guidelines?
NO. If you have a registered agreement previously assessed as compliant by DEEWR, you will not need to have them reassessed.
YES. If you had an unregistered or draft agreement assessed. Section 6.1.3 of the 2009 Guidelines deems unregistered written agreements, side deeds, and draft agreements to be non-compliant.
NOTE: DEEWR will not assess unregistered written agreements, side deeds, or draft agreements against the 2009 Guidelines. Any entity/entities to which such an agreement applies will need to get these agreements registered before they can request an assessment for compliance with the 2009 Guidelines, or tender for any projects where the Expression of Interest or tender is let on or after 1 August 2009.
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I am working on a project under the 2006 Guidelines and have a letter from DEEWR stating that I am compliant. Will I still be compliant after 1 August 2009?
For all projects contracted under the 2006 Guidelines, you will still be considered to be compliant, if you wish to tender for projects after 1 August 2009, you may need to have your industrial instruments reassessed. (See previous question).
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I am a material supplier; will I need to be assessed for compliance under the 2009 Guidelines if I want to work on projects on or after 1 August 2009?
The 2009 Guidelines only apply 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). (Sections 3.1.2 &3.1.3 of the Guidelines refers.)
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I have a letter from DEEWR stating that I am compliant with the 2009 Guidelines. Will this mean I am compliant under the 2006 Guidelines?
YES. If you have a registered Fair Work Act agreement, or are an entity operating within State workplace relations jurisdictions.
Possibly not. If you have an agreement registered under the Workplace Relations Act 1996. 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.
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What is the purpose of the Code & Guidelines?
The Code and Guidelines reflect the commitment of the Australian Government to establish higher standards of workplace relations behaviour, and greater flexibility and productivity, within the building and construction industry.
The purpose of the Code and Guidelines is to encourage reform, improve productivity and ensure the development of internationally competitive standards for the building and construction industry.
The Code and Guidelines aim to ensure the construction industry:
- is client focussed
- has relationships built on trust
- observes ethical principles in tendering
- is committed to continuous improvements and development of best practice.
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How can I obtain a copy of the Code & Guidelines?
The following link will take you directly to the Guidelines
Requests for hard copies may be made via email at building@deewr.gov.au or contact the National Code Hotline on 1300 731 293.
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How do I know if my company's industrial instrument/s are compliant with the Code & Guidelines?
You can seek an assessment, at no cost, of your company’s workplace arrangements from the Building Industry Branch in the Department.
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How long does it take to have my industrial instruments assessed?
The Department will take approximately 10 days to complete the assessment, depending on the complexity of the industrial instrument/s supplied.
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Is there a cost involved?
No. The Department does not charge a fee to assess industrial instruments for compliance with the Code and Guidelines.
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I run a small business and don’t have any employees, so do I need to be assessed against the Code and Guidelines?
Yes, you need to be assessed, as the legislation relates to all businesses and companies working in the building and construction industry. However, if you don’t have employees and therefore no ‘industrial instruments’ (agreements, awards or contracts) your assessment will be very straightforward and you will almost certainly be assessed as compliant.
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I know the name of my Award, but the form asks for award number, type, and date varied. I don’t know any of these details, what do I do?
You would have received information on the Award when your industry association or the relevant union provided it to you. We suggest you contact them, or alternatively the Fair Work Infoline on 13 13 94, for the details as this will streamline the application process.
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I have internet access on my computer, but the online registration form asks for files in Word or RTF (Word 97 or later, Adobe Acrobat PDF (version 4 or later). I still use Wordperfect, or my documents are TIFF or I have a Mac, what do I do?
You will only be able to upload the above formats into the registration page. If possible, it will be worthwhile having the documents converted to the preferred formats. If that is not possible, you may have to register by using the hardcopy registration form. This may considerably slow down the assessment process.
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Requests may be made via:
Email:
or
The National Code Hotline: