Building Code – Letters of Compliance

Building Code - Letters of Compliance

14 December 2016


The Australian Building and Construction Commission (ABCC) commenced on 2 December 2016, replacing FWBC.

On 2 December, a new building code was also issued.  The Code for the Tendering and Performance of Building Work 2016 (Building Code 2016) applies to companies who submit an expression of interest or tender for Commonwealth-funded building work from 2 December 2016.

Enterprise agreements made from 2 December 2016 must now comply with the Building Code 2016 in order to be eligible to be awarded Commonwealth-funded work.  However, building industry participants covered by agreements made prior to 2 December 2016 have until 29 November 2018 to ensure their agreements are compliant with the Building Code 2016. 

All contractors wishing to undertake Commonwealth-funded building work now require a letter of compliance with the Building Code 2016 from the ABCC to confirm they are eligible to tender, regardless of their workplace arrangements.  This includes companies who are covered by a modern award.

The ABCC will issue letters of compliance for: 

  • Enterprise agreements made on or after 2 December 2016 that meet Building Code 2016 requirements;
  • Enterprise agreements made before 2 December 2016 (this letter of compliance is only valid until 28 November 2018); and
  • Modern Award arrangements or other lawful workplace arrangements.

The ABCC will also provide preliminary advice on whether draft agreements meet the requirements of the Building Code 2016.

Contractors should complete and submit the below form to apply for a letter of compliance or preliminary advice on a draft agreement: 

If any members have any queries about compliance with the Building Code 2016, please contact the Chamber’s Workplace Relations team on 1300 277 881 or

Leave a Reply