Prime Minister Malcolm Turnbull last week introduced the ABCC Bill to parliament, signalling that he and Employment Minister Michaelia Cash are willing to consider crossbench amendments (such as an eight year sunset clause and the retention of current safeguards on the use of coercive powers) in order to gain the necessary crossbench support for passage through the Senate. Senator Cash also reiterated the clear need for the proposed legislation, which would address the bullying, thuggery and intimidation which continues to occur in our industry as a result of the disregard for the rule of law by organisations such as the CFMEU.

Subsequently, the ABCC Bill, along with the Bill to establish the Registered Organisations Commission and the Bill to resolve the CFA Victoria dispute have been referred to the Senate Education and Employment Legislation Committee for inquiry. Submissions close on 27 September 2016 and the Committee is currently due to report on 14 October 2016. Given that this will be the fourth time that the ABCC Bill have been referred to the same Committee to undertake the same inquiry, Master Builders will lobby the Government about the prospects of expediting the inquiry process in relation to the ABCC Bill in particular, so as to provide the much needed certainty for our industry as quickly as possible.

Whilst industry awaits the outcome of the ABCC legislation that would see Building Code 2014 take effect, FWBC has provided an update on compliance requirements under the current Building Code 2013. In a recent alert, FWBC has reminded building industry participants that where a head contract with the government is advertised under the current Building Code 2013 after 1 June 2016, contractors must request an FWBC letter of compliance from all companies who are covered by an enterprise agreement made on or after 18 May 2016. If the company does not have an FWBC letter of compliance they cannot be awarded a contract.

However, with certainty on the proposed Building Code 2014 likely to be achieved through Parliament in the next month or so, Master Builders continues to advise members of the attendant risk of signing onto enterprise agreements such as the CFMEU/Breakaway Group EBA, which are not compliant with Building Code 2014. Members are reminded that FWBC does not assess enterprise agreements for compliance with the proposed Building Code 2014. This is a role currently undertaken by the Department of Employment.

Master Builders also reminds members holding the extant Industry EBA 2011-2015 (and who entered into it prior to 24 April 2014) that they remain compliant with both the current Building Code 2013 and the proposed Building Code 2014.

Members seeking further information to contact the IR Department on (03) 9411 4560.