Code Assessment Online

Code Assessment Online

Code Assessments Online

  • The Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (the Guidelines) state that businesses must be compliant at the time either an Expression of Interest or a tender for Australian Government funded construction activity is lodged.
  • A new set of Guidelines came into effect on 1 August 2009. These apply to all projects that were subject to an Expression of Interest or tender for the first time on or after 1 August 2009.

Steps for lodging online:

  • Please ensure you have your business details ready, including:
    • phone number
    • postal and email addresses
    • ABN
  • An industrial instrument contains the terms and conditions of employment that bind the employer and the employee. The most common examples are modern awards, registered collective agreements, or common law contracts. You will need to know exactly which instrument(s) apply to your business before proceeding.
  • If you do not have employees you can LODGE ONLINE now.
    • Note: subcontractors are not classified as employees
  • Please be advised that the first Modern Awards commenced on 1 January 2010, which replaced many old Federal and State awards. If you do not know which Modern Award(s) apply to your business, please contact the Fair Work Infoline on 13 13 94 for an award determination. When you know which Modern Award(s) apply you can LODGE ONLINE now.
  • If you employ staff under a registered collective agreement, you will be asked to provide the approval number from the relevant industrial relations body:
    • Fair Work Australia (eg. AG2010/12345)
    • The Work Place Authority (eg. CAUN0912345)
    • State Industrial Relations Commission
  • You may lodge an application for code assessment with Modern Award(s) and a registered collective agreement if both apply. LODGE ONLINE.
  • If you employ staff under a common law agreement (which is an unregistered contract between an employer and an individual employee) you are required to upload an electronic version. Please be aware that a Modern Award may also run in conjunction with a common law agreement and you will be required to include it in your submission. When you have these details you can LODGE ONLINE.
  • If your business does have employees, but no collective or individual agreements in place, and Fair Work Australia has confirmed that no Modern Award(s) apply to your industry, you can lodge an application stating that no industrial instruments apply. LODGE ONLINE now.
  • Applications are usually processed within five business days. A copy of the letter of assessment is sent to the email address and the original to the postal address supplied.
  • For further information please read the FREQUENTLY ASKED QUESTIONS and ASSESSMENT INFORMATION pages.
  • Unregistered agreements, (other than common law agreements made between an employer and an individual employee) draft agreements, and side deeds are inconsistent with the 2009 Guidelines, and will not be assessed for compliance with the 2009 Guidelines.

2006 GUIDELINES AND FAIR WORK ACT AGREEMENTS

To ensure that all parties are able to take full advantage of the benefits provided by the good faith bargaining provisions of the Fair Work Act 2009 (FW Act), when assessing FW Act agreements against the 2006 Guidelines, DEEWR will give primacy 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.
NOTE: 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.

 

  • If you have any further queries please contact the Building Code Assessment Team: