In a sign that code compliance is becoming an increasing focus, former Director of the Victorian Construction Code Compliance Unit (CCCU) Cathy Cato has been appointed the Building Code National Manager for Fair Work Building and Construction (FWBC).

Members may recall that the CCCU took a pro-active approach to enforcing the Victorian Code, with a particular emphasis on on-site practice issues. Key areas such as Freedom of Association, Coercion and Industrial Action will be important areas of focus for FWBC, with particular attention likely to be given on-site practices relating to inductions, subcontractor workplace arrangements and the management of union officials entry onto site.

Whilst it is clear that the renewed vigour of FWBC’s approach to code compliance under the current Building Code 2013 will apply regardless of whether the Bill to re-establish the ABCC and the stronger Building Code 2014 is passed by federal parliament, it may also reflect a growing confidence of this likelihood.

Should the ABCC Bill be passed into legislation, the ABCC would be responsible for conducting code compliance audits, as well as code compliance assessments of enterprise agreements. Members will recall that should the proposed code take effect, any agreement made after 24 April 2014 would be subject to the new content requirements. This would mean that those entering into agreements deemed non-compliant (e.g. Industry EBA 2011-2015) after this date would be ineligible for federally funded work.

The ABCC Bill will go back before the Senate during the current Spring Parliamentary Sitting, with Employment Minister Senator Eric Abetz indicating this may occur next week.

Further information on FWBC’s approach to code compliance can be found on their website, or by contacting the IR Department on (03) 9411 4560.