Wa Bcci Code Conduct 2016
Wa Bcci Code Conduct 2016
Wa Bcci Code Conduct 2016
Department of Commerce
Western Australian
Building and Construction Industry
Code of Conduct 2016
Contents
Part 1. Introductory...................................................................................3
1. Name of Code.............................................................................................................. 3
2. Commencement......................................................................................................... 3
3. Definitions.................................................................................................................... 3
4. Interpretation............................................................................................................... 4
5. Purposes of this Code............................................................................................... 5
6. Becoming subject to this Code................................................................................ 5
7. Significance of being subject to this Code............................................................ 6
Part 1. Introductory
1.
Name of Code
2. Commencement
This Code commences on 1 January 2017.
3. Definitions
In this Code:
Above-entitlements payment means a payment or
benefit above the amount or value of a payment
or benefit required to be paid under an Industrial
Instrument or industrial law (within the meaning
of the Fair Work Act 2009 (Cth)).
Building Association means a building association
as defined in the Building and Construction Industry
(Improving Productivity) Act 2016 (Cth).
Building Contractor means a building contractor
as defined in the Building and Construction Industry
(Improving Productivity) Act 2016 (Cth).
Building Industry Participant means a building
industry participant as defined in the Building
and Construction Industry (Improving Productivity)
Act 2016 (Cth).
Building Work means building work as defined in
section 6 of the Building and Construction Industry
(Improving Productivity) Act 2016 (Cth), but does
not include:
(a) work that is described in paragraph 6(1)(e)
of that section; or
(b) the off-site prefabrication of made-to-order
components to form part of any building,
structure or works unless such prefabrication
is performed on an auxiliary or holding site to
the primary construction site or sites.
BCCMU means the Building and Construction
Code Monitoring Unit established within the
Department of Commerce.
Code means this Western Australian Building and
Construction Industry Code of Conduct 2016.
Code Compliance Report has the meaning given in
paragraph 30.
Covered Contract means a contract to perform
State Building Work, or a contract to perform
Private Covered Building Work.
4. Interpretation
4.1 In this Code, an entity is a Related Entity of a
Building Contractor if the entity is:
(a) connected to the Building Contractor by:
(i) being able to control, or materially
influence, the Building Contractors
activities or internal affairs; or
(ii) being able to determine, or materially
influence, the outcome of the
Building Contractors financial and
operating policies; or
27. Notification
27.1 A Building Contractor must notify the
BCCMU of a breach or a suspected breach
of this Code as soon as practicable, but no
later than 48 hours after becoming aware of
the breach or suspected breach.
29. Breaches
29.1 Where the BCCMU believes that a Building
Contractor has, or may have, breached
this Code (whether such belief has arisen
by reason of a notification received
under paragraph 27.1, or monitoring and
compliance activities undertaken pursuant
to paragraph 28.1, or a report received under
paragraph 28.2, or otherwise), the BCCMU
may do any one or more of the following:
(a) investigate the breach or potential
breach;
(b) discuss the breach or potential breach
with the Building Contractor or any
other person who has, or may have,
information concerning the breach or
potential breach;
(c) invite the Building Contractor to rectify
the breach, in which case the Building
Contractor must notify the BCCMU of
any steps taken to rectify the breach
within 14 days (or such longer period
as the BCCMU may allow) of the
invitation; and
(d) report the breach or potential breach to
an appropriate Government agency or
statutory body.
2.
3.
Building Work:
(a) for which the State provides assistance
in advance of the commencement of
construction; and
(b) which has an identified capital
component.
1. General
The Building Contractors approach to
ensuring compliance with the requirements
of this Code on the particular project,
including the systems, processes and
procedures that are in place (or will put in
place) to:
(a) monitor and promote compliance with
this Code (including compliance against
the WRMP) throughout the life of the
project;
(b) clearly and effectively communicate
with Subcontractors and Building
Industry Participants in relation to the
requirements of this Code and the
Building Contractors expectations
relating to the discharge of such
requirements; and
(c) promote a fair, lawful, efficient and
productive workplace.