The new national Building Code 2016 commenced on 2 December 2016
to coincide with the re-establishment of the Australian Building
and Construction Commission. The governing legislation is the
Building and Construction Industry (Improving Productivity) Act
2016 (Act).
The new Code applies to building contractors carrying out
building work from the first time they submit an expression of
interest or tender for Commonwealth funded building work on or
after 2 December 2016. The new Code lists a range of prohibited
content which, if found in a contractor's enterprise agreement
(EA), will render the EA non-code compliant.
Under the current Act, if a contractor has a non-compliant EA
that was made before 2 December 2016, the contractor can
still submit expressions of interest, tender for and be
awarded Commonwealth funded building work until 29
November 2018 (after which time the EA must be Code compliant). If
a contractor has a non-compliant EA that was made after 2
Dece
