Commonwealth Numbered Acts Commonwealth Numbered Acts(1) The Minister may, by legislative instrument, issue one or more documents that together constitute a code of practice that is to be complied with by persons in respect of building work.
Note: The code is called the Building Code (see the definition of Building Code in section 5).
(2) Without limiting subsection (1), the Minister:
(a) must issue one or more documents under that subsection in relation to procurement matters relating to building work; and
(b) may issue one or more documents under that subsection in relation to work health and safety matters relating to building work.
Note: A single document may contain the entire Building Code (including the matters referred to in paragraph (2)(a) and, if applicable, paragraph (2)(b)).
(2A) Without limiting subsection (1) or paragraph (2)(a), a document issued under subsection (1) relating to procurement matters must require a funding entity to ensure that the preferred tenderer for building work provides the following information:
(a) the extent to which domestically sourced and manufactured building materials will be used to undertake the building work;
(b) whether the building materials to be used to undertake the building work comply with relevant Australian standards published by, or on behalf of, Standards Australia;
(c) the preferred tenderer's assessment of the whole-of-life costs of the project to which the building work relates;
(d) the impact on jobs of the project to which the building work relates;
(e) whether the project to which the building work relates will contribute to skills growth.
(2B) Without limiting subsection (1) or paragraph (2)(a), a document issued under subsection (1) relating to procurement matters must require a funding entity to require building industry participants to only use products in building work that comply with relevant Australian standards published by, or on behalf of, Standards Australia.
(2C) Each of the following is a funding entity :
(a) a non-corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 );
(b) a corporate Commonwealth entity (within the meaning of that Act) that is directed by the Minister administering that Act to comply with the Building Code.
(2D) Without limiting subsection (1), the Building Code must include provisions ensuring that no person is employed to undertake building work unless:
(a) the position is first advertised in Australia; and
(b) the advertising was targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizen s and Australian permanent residents (within the meaning of the Migration Act 1958 ) would be likely to be informed about the position; and
(c) any skills or experience requirements set out in the advertising were appropriate to the position; and
(d) the employer demonstrates that no Australian citizen or Australian permanent resident is suitable for the job.
(2E) If a document issued under subsection (1) includes requirements in relation to the content of building enterprise agreements, a building industry participant may, before 29 November 2018, submit expressions of interest, tender for and be awarded building work funded (whether directly or indirectly) by the Commonwealth or a Commonwealth authority even if a building enterprise agreement, made before the document is issued, that covers the building industry participant does not comply with any one or more of the requirements.
Note: However, a building enterprise agreement, made after the document is issued, that covers a building industry participant must comply with the requirements if the building industry participant is to tender for building work.
(3) The Building Code cannot require a person to comply with the Code in respect of particular building work (the current work ) unless:
(a) the person is a building contractor that is a constitutional corporation; or
(b) the person is a building industry participant and the current work is to be carried out in a Territory or Commonwealth place; or
(c) the person is the Commonwealth or a Commonwealth authority.