7 October 2009
The August 2009 version of the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (the Guidelines) apply to all projects that were the subject of an expression of interest or tender let for the first time on or after 1 August 2009. The relevant previous version of the Guidelines continues to apply to earlier projects for the life of those projects.
Concerns have been raised within the construction industry that, when negotiating agreements under the Fair Work Act 2009 (FW Act), some proposed provisions may not be compliant with earlier versions of the Guidelines (most relevantly the 2006 Guidelines).
To ensure that all parties are able to take full advantage of the benefits provided by the good faith bargaining provisions of the FW Act, the Hon Julia Gillard MP, Minister for Employment and Workplace Relations has instructed the Department that, when assessing FW Act agreements against the 2006 Guidelines, primacy is to be given to Section 8.1.1 of those Guidelines (or the comparable clauses of other versions of the Guidelines). Section 8.1.1 requires compliance with, amongst other things, relevant legislation and industrial instruments. This will mean that any registered FW Act agreement will be deemed compliant with all versions of the Guidelines.
Parties will continue to have to comply with their FW Act agreement and with those elements of the 2006 Guidelines that do not conflict with their agreement, including in relation to their practical on-site application.
For further information please contact the National Code:
Hotline:
National Code Mailbox