We remind members that the ABCC is the body tasked with responsibility for ensuring compliance with the Code for the Tendering and Performance of Building Work 2016 (Building Code 2016).

Recently, the CFMMEU and a major builder made application to the Fair Work Commission (FWC) for a ‘without prejudice’ recommendation on guidance material produced by the ABCC with respect to compliance with Building Code 2016. 

FWC Commissioner Riordan (a former ETU NSW secretary) recommended that the builder refrain from directing its employees to remove the Eureka and CFMMEU flags from its cranes, and from taking disciplinary action against any employees who had previously been asked to remove the flags.

In response, an ABCC has stated that: "The ABCC's responsibilities to ensure compliance with the Building Code are not affected by the recommendation. We will continue to monitor compliance with all aspects of the Building Code 2016, including the use of building association logos, mottos or indicia."

Master Builders therefore continues to advise members that the ABCC is the relevant body from which to seek definitive views in relation to Building Code 2016 matters; and that there is a clear attendant risk for employers seeking and/or relying on the views of other bodies that do not have responsibility for ensuring compliance with Building Code 2016.

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