Assessment Process Information
Assessment Process
The assessment process involves reading each industrial instrument clause by clause and determining whether there are provisions which do not comply with the Code and Guidelines, either by wording or the potential application of the provision. Any awards which relate (are incorporated) to the industrial instrument also need to be lodged for assessment as they may affect your Code compliance status.
Timing of Assessment
Online assessment takes approximately 14 days to complete, depending on the complexity of the assessment.
Assessment of hard copy industrial instruments that have been faxed or posted to the Department of Education, Employment and Workplace Relations can take up to 28 days to complete.
If your industrial instruments are assessed as Code compliant
You will receive a written assessment of your eligibility to tender for Australian Government construction projects.
Please note, all related entities of a contractor seeking or engaged in Australian Government construction activity are also required to comply with the Code and Guidelines in respect of any building and construction activities they undertake.
If your industrial instruments are assessed as not Code compliant
You will receive written advice outlining the areas of your non-compliance.
If your industrial instrument is not Code compliant you are unable to tender for Australian Government funded building and construction work please contact your Industry Association or seek independent Legal advice.
Cost involved
The Department does not charge a fee to assess industrial instruments for compliance with the Code and Guidelines.
Reassessment of changes to workplace arrangements
If you make changes to your workplace arrangements, then this may change the status of your compliance. You must ensure your new arrangements are compliant with the Code and Guidelines before you tender for Australian Government funded work.
Who can help?
For questions about the assessment of workplace arrangements, including industrial instruments (awards, workplace agreements, etc) for Code compliance or for general queries about the Code and Guidelines contact:
- the National Code Hotline: 1300 731 293
- the Code Assessment mailbox: building@deewr.gov.au
- Building Industry Branch, 10M32 GPO Box 9879, Canberra, ACT 2601.
Review of a Code Assessment
If you are dissatisfied with the outcome of the assessment of an industrial instrument, or with the way the Department handled your application for assessment, you can contact the Commonwealth Ombudsman. The Ombudsman will investigate action taken by the Department relating to matters of administration only.
Before you approach the Ombudsman, it is a good idea to try to solve the problem with the Department. As a general rule, the Ombudsman will not investigate complaints until they have been raised with the Department. Please contact the National Code Hotline on 1300 731 293.