Commonwealth Numbered Regulations

FAIR WORK (BUILDING INDUSTRY--ACCREDITATION SCHEME) REGULATION 2016 (F2016L00305) - REG 26

             (1)  For subsection 35(4) of the Act, the following building work is prescribed:

                     (a)  building work carried out outside Australia;

                     (b)  building work:

                              (i)  carried out under a contract with a value of less than $4 000 000; and

                             (ii)  which forms part of a project that is directly funded by the Commonwealth or a Commonwealth authority;

                     (c)  building work which forms part of a project that is indirectly funded by the Commonwealth or a Commonwealth authority, unless:

                              (i)  the building work is carried out under a contract with a value of at least $4 000 000; and

                             (ii)  the contribution made to the funding of the project by the Commonwealth or a Commonwealth authority is at least $6 000 000, and represents at least 50% of the total funding;

                     (d)  building work which forms part of a project that is indirectly funded by the Commonwealth or a Commonwealth authority, unless:

                              (i)  the building work is carried out under a contract with a value of at least $4 000 000; and

                             (ii)  the contribution made to the funding of the project by the Commonwealth or a Commonwealth authority is at least $10 000 000;

                     (e)  building work carried out by a subcontractor;

                      (f)  building work which forms part of a project and which is carried out in the following circumstances:

                              (i)  the project is undertaken by a joint venture;

                             (ii)  the building work is to be carried out, in whole or in part, by a builder who is not an accredited person;

                            (iii)  an accredited person in the joint venture (the accredited member ) has given an undertaking, in writing, to take full responsibility for WHS for the life of the project;

                            (iv)  the accredited member has given an undertaking, in writing, that the building work will be carried out in accordance with its WHSMS for the life of the project;

                             (v)  each builder who carries out the building work, in whole or in part, has given an undertaking, in writing, that it will carry out the building work in accordance with the accredited member's WHSMS for the life of the project;

                            (vi)  each builder who is not an accredited person has given an undertaking, in writing, that it will participate fully in any audit of the accredited member's WHSMS and the way in which it is implemented on-site;

                           (vii)  before a person enters into a contract for building work in relation to the project on behalf of the joint venture, the person gives the Federal Safety Commissioner copies of the undertakings;

                     (g)  any work which is part of a project for:

                              (i)  the construction, repair or restoration of a single-dwelling house; or

                             (ii)  the construction, repair or restoration of any building, structure or work associated with a single-dwelling house; or

                            (iii)  the alteration or extension of a single-dwelling house, if it remains a single-dwelling house after the alteration or extension.

             (2)  In this section:

"subcontractor " , in relation to building work, means a person who carries out some or all of the building work under a contract with a builder.