Frequently Asked Questions - NCA process
- What is the purpose of the Code & Guidelines?
- How can I obtain a copy of the Code & Guidelines?
- How do I know if my company's industrial instrument/s are compliant with the Code & Guidelines?
- How do I arrange for the Department to assess my company's industrial instrument/s?
- I don’t have a computer, so how can I apply for a Code assessment through the online registration form?
- I have internet access on my computer, but the online registration form asks for files in Word or RTF (Word 97 or later, Adobe Acrobat PDF (version 4 or later). I still use Wordperfect, or my documents are TIFF or I have a Mac, what do I do?
- How long does it take to have my industrial instruments assessed?
- Is there a cost involved?
- What do I need to do to make my industrial instruments Code compliant if the Department determine they are non-compliant?
- Will the Department list on its website a list Code compliant companies and Code compliant awards?
- Will the Department list on its website a list of non-compliant companies?
- Does an agreement that has been certified by the AIRC still need to be checked for Code compliance?
- Is it true the Australian Government holds a 'blacklist' of companies that are not permitted to tender for Government projects?
- I cannot find the documentation with my ABN number on it. I haven’t got the time to ring the ATO as I need the letter of Code compliance quickly – the tender closes next week. Can I submit the form anyway?
- I know the name of my Award, but the form asks for award number, type, and date varied. I don’t know any of these details, what do I do?
- Uploading my Award and/or Agreement – the registration form says to type in the name again, why?
- I’ve been told I need to be ‘Code Compliant’ but don’t know where to start.
- My brother and I are joint managers of our haulage business. We don’t have any employees, so do we need to be assessed against the Code and Guidelines?
- I have updated the workplace agreement that we have with our employees. Do I need to have it assessed, it’s basically the same as the last one, except the table with wage rates has changed.
- I have an agreement with the CFMEU that they have told me has already been assessed and is code compliant. Does that mean I don’t have to apply for assessment under the Code, because the CFMEU has already had it checked out?
- I’m sub-contracting on a project, and the head contractor is Code Compliant, aren’t I covered by his letter?
The Code and Guidelines reflect the commitment of the Australian Government to establish higher standards of workplace relations behaviour, and greater flexibility and productivity, within the building and construction industry.
The purpose of the Code and Guidelines is to encourage reform, improve productivity and ensure the development of internationally competitive standards for the building and construction industry.
The Code and Guidelines aim to ensure the construction industry:
- is client focussed
- has relationships built on trust
- observes ethical principles in tendering
- is committed to continuous improvements and development of best practice.
The Code and Guidelines are available on the internet at www.workplace.gov.au/building.
The following link will take you directly to the Guidelines
Requests for hard copies may be made via email at building@deewr.gov.au or contact the National Code Hotline on 1300 731 293.
You can seek an assessment, at no cost, of your company’s workplace arrangements from the Building Industry Branch in the Department. Alternatively, your industry association may be able to provide advice to you.
You can lodge a request for assessment by the Building Industry Branch online at www.workplace.gov.au/building , click on Code assessments online. When lodging your request you will need to have electronic copies of the business’ industrial instrument/s in Word or RTF (Word 97 or later, Adobe Acrobat PDF (version 4 or later) format.
If you require any assistance you can contact the National Code Hotline on 1300 731 293.
A paper version of the form is available, and you can get a copy by either gaining access to the internet and going to www.workplace.gov.au/building, click on Code assessments online. There is a link to the Registration hardcopy form. Download the form, print it off and fill it out and return to the address shown on it. Alternatively, you can contact the National Code Hotline on 1300 731 293, and ask for a hardcopy Registration form. This can be mailed or faxed for you to fill out.
Please note however that this method of registration is the slowest, as the documents you supply must be scanned and uploaded into the system before the assessment can commence. The whole process may take up to 28 days.
You will only be able to upload the above formats into the registration page. If possible, it will be worthwhile having the documents converted to the preferred formats. If that is not possible, you may have to register by using the hardcopy registration form. As mentioned above, this may considerably slow down the assessment process.
The Department will take approximately 10 days to complete the assessment, depending on the complexity of the industrial instrument/s supplied.
No. The Department does not charge a fee to assess industrial instruments for compliance with the Code and Guidelines.
The Department's formal assessment will refer to specific clauses of the industrial instrument that are inconsistent with the Code and Guidelines. It may be possible to amend these clauses to comply with the Code and Guidelines. For assistance it is suggested that you contact the Workplace Authority, State Industrial Relations Commission, your Industry Association or your Legal Representative to ascertain what is required to vary industrial instruments.
If you have an agreement that is not Code compliant, the decision as to whether you amend the agreement is a matter for you and your employees to determine. It should be noted that if your industrial instrument is not Code compliant you are unable to tender for Australian Government funded building and construction work. If you require assistance you could contact your industrial representative or legal representative.
If your industrial instruments refer to an award that is not compliant with the Code and Guidelines, there are a range of options available to you. If this is the case you might wish to seek advice from your Industry Association or Legal Advisor.
No. The Department will not publish a list of Code compliant awards. It is the responsibility of companies to demonstrate compliance with the Code and Guidelines. If requested, the Department will provide confidential advice to companies regarding their industrial instruments, including awards.
No. The Department will not publicly list non-compliant companies. It is the responsibility of companies to ensure they are Code compliant when tendering for Government building and construction work. Any advice the Department provides regarding the industrial instrument/s of a particular company is confidential and is never provided to third parties. The company may choose to provide their details to a third party, but the Department will not.
Yes. Even if an agreement that has been certified by the AIRC, it does not mean that the agreement is compliant with the Code and Guidelines.
The AIRC is not required to check for Code-compliance.
No. Sanctions can be applied to parties whose industrial instruments or workplace behaviour do not comply with the Code. Under the Code, a formal warning to a party can be issued for continued non compliance, leading to more severe sanctions. These sanctions include possible preclusion from tendering for Government work for a specific period.
No, to complete the registration form online you will need to have your ABN.
You would have received information on the Award when your industry association or union provided it to you. We suggest you contact them, or alternatively the Workplace Infoline on 1300 363 264, for the details as this will streamline the application process.
When you do a “file upload” and search your own computer files, the process will list the file path and document name that you have used to save it on your computer (e.g C:\Name of Award\final.doc). Re-entering the proper name of the Agreement ensures that the information is correct when we receive it.
You can find information regarding the registration process online at www.workplace.gov.au/building. If you require further assistance you can contact the National Code Hotline on 1300 731 293.
Yes, you do need to be assessed, as the legislation relates to all businesses and companies working in the building and construction industry. However, because you don’t have employees and therefore no ‘industrial instruments’ (agreements, awards or contracts) your assessment is very straightforward. You will be found compliant and get a letter from the Building Industry Branch within a few days.
If the agreement is the same as your previous one, and the only thing that has changed is the date eg. Name of Business Collective Agreement 2007, then you do not need to obtain another assessment. However, if any details within it have changed, you should submit it.
No. If you don’t request an assessment, the Building Industry Branch would not know about your business, and you wouldn’t get the assessment letter. As you are using the CFMEU template which has been assessed, your request will be processed in a few days, especially if you submit the request on line.
The National Code of Practice requires that all businesses and companies in the building and construction industry be compliant under the Code, even if they are sub contractors, so your business needs to be assessed in its own right. If you have all your documentation together, the Building Industry Branch can process an application in just a few days, especially if you do an online application.