Building Code 2016 The Building Code 2016 applies

Building Code 2016 • The Building Code 2016 applies to all Registrations of Interest and Tenders received by Defence on or after 2 December 2016 for Commonwealth Funded Building Work. • Subject to limited exemptions, Tenderers must meet the eligibility requirements in section 23 of the Building Code 2016 - this is a condition for participation. • Tenderers must complete and lodge the Schedule (ITR) or Schedule (RFT), Building Code 2016 Declaration of Compliance and attach the evidence required.

Building Code 2016 Evidence required for the Commonwealth to assess Compliance • Each Tenderer must: » complete a Schedule (ITR) or Schedule (RFT) Declaration of Compliance and attach evidence of eligibility to lodge a Tender and be awarded a contract: » ABCC Letter of Compliance; » ABCC Self-Declaration of Eligibility A; » Workplace Relations Management Plan WRMP (if required). • Each Tenderer must – verify in its Schedule (ITR) or Schedule (RFT) Declaration of Compliance that: • it and its Related Entities are not covered by an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code 2016; and • it is not subject to an Exclusion Sanction.

Building Code 2016 Evidence required for Tenderers eligibility to lodge a Tender and be awarded a Contract • • • The Schedule (ITR) or Schedule (RFT) Declaration of Compliance must include: – a Letter of Compliance issued by the ABCC that relates to the Project (and a list of all Enterprise Agreements made or varied on or after 25 April 2014 that cover the Tenderer or its Related Entities in respect of Building Work); or – a completed Self-Declaration of Eligibility A, Defence cannot assess a Tenderer's eligibility to lodge a Tender for the Project if the Tenderer has not included the required evidence - the onus is on the Tenderer to establish to Defence's satisfaction its eligibility to lodge a Tender and be awarded a contract. If the required evidence is not included in a Tender, Defence may: – decide not to evaluate that Tender; or – require via email that the Tenderer provide such evidence within a specified timeframe - otherwise the Tenderer will be deemed ineligible to lodge a Tender for the Project.

Building Code 2016 Workplace Relations Management Plan WRMP • A WRMP is required to be submitted by each Tenderer where the Commonwealth's contribution to a project is: – – • • The WRMP is a comprehensive practical plan that outlines how a Tenderer will comply with the requirements of the Building Code 2016 on a project - it is "project specific". The WRMP must comply with: » » • • • the model WRMP and guide developed by the ABCC; and any further requirements specified in the Building Code 2016 Tender Schedule or advised to Tenderers via an addendum. Defence will submit Tenderers' WRMPs to the ABCC for approval and the ABCC will advise Defence if the WRMPs are approved. If a WRMP is not approved, Defence may: » » • at least $5 million and at least 50% of the total construction project value; or at least $10 million irrespective of its proportion of the total construction project value. require the Tenderer to amend its WRMP based on any ABCC feedback (but is not obliged to do so); or exclude that Tenderer from further consideration. Defence cannot award a contract to a Tenderer unless its WRMP has been approved by the ABCC. The Tenderer may submit its WRMP prior to the ATM Close Date and ATM Close Time via email - if it does, it must still submit its WRMP (unamended in all respects from that submitted prior to the ATM Close Date and ATM Close Time) as part of its Building Code 2016 Tender Schedule.

Building Code 2016 • The Contractor must: – ensure that it, its Related Entities and subcontractors comply with the Building Code 2016; – notify the ABCC and Defence of any breach or suspected breach of the Building Code 2016; – ensure that it and its subcontractors comply with any requests made by the ABCC and the ABC Commissioner; and – only enter into a subcontract where the subcontractor has submitted a declaration of compliance and the subcontract contains provisions in the form set out on DEQMS.

Building Code 2016 • Tenderers should note the guidance provided in this industry briefing on the Building Code 2016 is for information only - each Tenderer is responsible for ensuring its compliance with the Building Code 2016 and determining its eligibility to lodge a Tender and be awarded a Contract. • Defence (and its PMCA) will not provide any further guidance on the Building Code 2016 - Tenderers must direct all enquires to the ABCC: – https: //www. abcc. gov. au/ – 1800 003 338 – enquiry@abcc. gov. au