ARTICLE · 28 DECEMBER 2016

Code red for non-compliance with new enterprise agreement restrictions

Sparke Helmore Lawyers

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Companies that tender for Commonwealth-funded building projects must comply with the Code or they won't be awarded work.

AustraliaEmployment and HR

Matthew Smith (Formerly With Sparke Helmore Lawyers)

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Three years after the Abbott Government first introduced the proposed legislation, the controversial Building and Construction Industry (Improving Productivity) Bill 2016 has been passed by Commonwealth Parliament. Minister for Employment, Senator the Hon Michaelia Cash has immediately drawn upon her powers under the Act to introduce the Code for the Tendering and Performance of Building Work 2016.

The Code replaces the Building Code 2013 and represents a significant change to workplace relations for the building and construction industry, particularly regarding enterprise agreements. From 2 December 2016, building companies that tender for Commonwealth-funded building projects must comply with the Code or they won't be awarded work.

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