An advance release of the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014 (the Code) was published by the Australian Government on April 17.

The Code will apply to building contractors wishing to be eligible for works funded by the Federal Government.

It forms part of the Building and Construction Industry (Improving Productivity) Bill 2014 (the Bill) and will come into effect if passed by Parliament.

While it is unlikely the Bill will become law while Labor and the Greens control the Senate (up until June 30), newly elected Senators are expected to pass the Bill soon thereafter.

The Code aims to address a raft of bad work practices and poor productivity in the construction industry as well as prohibiting restrictive work practices and discriminatory provisions. In addition, the Code requires strict compliance with right of entry laws by all industry participants.

It also provides new requirements with respect to the content of enterprise bargaining agreements (EBAs) and prohibited content, arrangements and practices. 

These new requirements will apply to EBAs made after 24 April 2014.

Having reviewed the new EBA content requirements, Master Builders believes the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (Industry EBA 2011-2015) is not compliant with the Code, where that agreement is made after 24 April 2014.

In addition to creating the Code, the Bill also provides for the reinstatement of the Australian Building and Construction Commission as well as industry-specific legislation. Master Builders strongly supports the Bill, recognising it will provide significant benefits for our industry and our members.

Contact the Master Builders Industrial Relations Department on (03) 9411 4560 for further information.