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National Code and Guidelines Compliance For Project Managers
National Code and Guidelines Compliance For Project Managers
National Code and Guidelines Compliance For Project Managers
The project manager must also ensure that the workplace The model contract clauses require the head contractor to:
arrangements of the head contractor, subcontractors, consultants undertake to comply with the National Code and Guidelines
and material suppliers comply with the National Code and and ensure all related construction entities comply with the
Guidelines before engaging them on the project. Code and Guidelines
Other arrangements may involve the project manager being ensure that subcontractors, consultants and material
contracted to provide advice on various management issues
1800 003 338
relating to the project. In these circumstances, while the project Code and Guidelines before engaging them on the project
manager needs to be compliant, responsibility for ensuring
contractors are National Code compliant and for the application of continue to ensure that all contracts on the project include
the National Code remains with the client agency. the requirement to comply with the National Code and
Guidelines
For more information see the 2006 Guidelines:
agree to allow the Office of the Australian Building and
Section 5.2: Australian Government directly funded Construction Commissioner (ABCC) to monitor National
construction, and Code compliance on the site and to investigate any breaches
Section 6.3: Australian Government indirectly funded of the National Code and Guidelines
construction.
acknowledge that the Commonwealth may impose a sanction APPLYING AND MONITORING NATIONAL CODE COMPLIANCE
should parties to the project not comply with the National ON SITE
Code and Guidelines
In order for on site practices to be National Code compliant, the
agree to comply with the National Code and Guidelines on contractor must have satisfactory processes in place to ensure
new privately funded construction projects. subcontractors, consultants and material suppliers comply with the
National Code and Guidelines. These include:
ENSURING WORKPLACE ARRANGEMENTS COMPLY WITH THE ensuring freedom of association
NATIONAL CODE AND GUIDELINES
ensuring right of entry to work sites is in accordance with the
Workplace arrangements relevant federal and state laws
Workplace arrangements must be National Code and Guidelines complying with occupational health and safety obligations
compliant before an expression of interest or tender for Australian
Government funded building and construction work can be made. reporting threatened and actual industrial action to the client agency
DEEWR can assess workplace arrangements for compliance with prohibiting any attempt to unduly influence subcontractors to
the National Code and Guidelines. This normally involves an have particular workplace arrangements or to make over-award
assessment of industrial instruments that apply to the contractor. If payments
not compliant, DEEWR will issue a letter identifying which clauses of ensuring application of the National Code and Guidelines is a
the industrial instrument are inconsistent with specific provisions of standing item for site or project meetings
the National Code and Guidelines.
ensuring the on-site arrangements do not restrict the efficient
If workplace arrangements are not National Code compliant, it may performance of work on the project
be possible to vary the arrangements in order to seek Australian
Government work. providing a response to requests for information concerning
National Code-related matters made by the funding agency, Code
Declaration of Compliance Monitoring Group (CMG) and the ABCC
A ‘Declaration of Compliance’ statement can be found in the Model notifying the CMG of any alleged breaches, remedial action taken
Tender and Contract Documentation booklet. The funding agency or other National Code-related matters within 21 days of
may ask the head contractor to submit this document as a means of becoming aware of the alleged breach.
confirming its commitment to comply with the National Code and
Guidelines. notifying the ABCC of any alleged breaches of the freedom of
association provisions of the National Code or Fair Work Act 2009
The head contractor, as part of its monitoring obligation, may also within 21 days of becoming aware of the alleged breach.
ask subcontractors to complete a ‘Declaration of Compliance’
statement for their records. The contractor should have recording and reporting mechanisms
that demonstrate these features are an integral part of its National
Code monitoring processes.
ENSURING ALL RELATED ENTITIES AND MATERIAL SUPPLIERS
COMPLY WITH THE NATIONAL CODE
FURTHER INFORMATION
Related entities
To make an enquiry or obtain copies of the National Code and
The National Code and Guidelines apply to a tenderer and all its Guidelines, fact sheets and other reference material, contact:
construction related entities once they submit an expression of
interest or tender for a Government funded project. The Office of the Australian Building and Construction Commissioner
Related entities refers to a range of corporate structures including Hotline: 1800 003 338
subsidiaries and joint ventures where there are common Website: www.abcc.gov.au
directorships or influence over other companies through
Email: enquiry@abcc.gov.au
shareholdings.
The Department of Education, Employment and Workplace
Also see the ABCC fact sheet ‘National Code and Guidelines
Relations
Compliance for Related Entities’.
National Code Mailbox: building@deewr.gov.au
Material suppliers
National Code Hotline: 1300 731 293
The National Code covers material supply contracts where the
supplied material is integral to the construction of the project or For an assessment of workplace arrangements for National Code
relates to prefabrication of made-to-order components to form part compliance, visit
of any building, structure or works.
Code Assessments Online: www.deewr.gov.au/building
Also see the ‘Am I a Material Supplier?’ fact sheet (available at
www.deewr.gov.au/building).
The information contained in this fact sheet is correct as at 7 May 2010. V4.01
This material is for general information only. You should seek legal advice in relation to your particular circumstances. The Australian Government, its employees and
agents do not accept any liability for action taken in reliance on this document and disclaim all liability arising from any error or omission. ABN 68 003 725 098
© Commonwealth of Australia 2009