Material suppliers
The Code and Guidelines cover material supply contracts where the supplied material is intergral to the construction of the project or relates to prefabrication of made-to-order components to form part of any building, structure or works, whether carried out on site or off site.
Does your business:
- Manufacture and/or supply material which is integral to the construction of the project?
- Manufacture and/or supply material or components which are prefabricated and made-to-order to form part of any building, structure or works, whether carried out on site or off site?
- Specifically or exclusively manufacture and/or supply construction components?
If you answered yes to one or more of these questions, your activities are most likely covered by the Code and Guidelines.
The Code and Guidelines do not apply to :
- consumables or materials that are not integral to the construction of the project; or
- retailers, wholesalers or businesses which import materials for the purpose of retail or wholesale to the building and construction industry.
- "dry hire" activities (eg equipment only).
Application of the Code and Guidelines to Material Suppliers
A list of general 'material supplier' activites that have been previously determined can be found by going to the Application of Material Supply Policy page. This list is updated on a regular basis as determinations are requested.
The Code and Guidelines may also apply to the related entities of a material supplier. The Guidelines define related entities as 'entities related to a contractor seeking or engaged in Australian Government construction activity'.
Parties tendering for Australian Government funded building and construction projects called on or after 1 November 2005 must ensure all of their new privately funded activities are Code compliant.
In the event that you are still unsure if the Code and Guidelines apply to your activities you can contact the Department for a determination which is binding on all parts with an interest in the Code and Guidelines.
To assist the Department in its determination, parties are requested to provide the following information.
- The name of your business and the nature of your activities (what is manufactured, supplied, modified, made-to-order, etc)
- Indicate whether your business meets one or more of the following categories:
- Manufacture and/or supply material which is integral to the construction of the project
- Manufacture and/or supply material or components which are prefabricated and made-to-order to form part of any building, structure or works, whether carried out on site or off site
- Specifically or exclusively manufacture and/or supply construction components
- Your related entities that are engaged in or supply to building and construction activities
- The locations of your operations (plants, quarries, foundries, etc)
- The project you are seeking to tender for or supply to (if appropriate)
- A business point of contact who can address questions relating to the specific project and also related entities.
All determinations are provided to the Office of the Australian Building and Construction Commissioner (ABCC) for Code auditing purposes.
To seek a determination as to whether the Code and Guidelines apply to your activities, contact the Department on:
Review of a determination
If you are dissatisfied with the outcome of a determination, or with the way the Department handled your request, 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 Code Hotline on 1300 731 293.
Assessment of Workplace Arrangements
It is recommended that material suppliers and any related entity covered by the Code and Guidelines seek a letter of assessment of its industrial instruments from the Department so that the company can, where required, demonstrate its Code compliance status to government agencies, clients, head contractors, project managers and consultants.
For assessment of workplace arrangements, including industrial instruments (awards, workplace agreements etc) for Code compliance go to the online lodgement facility.
Alternatively, you can ring 1300 731 293, and an officer will guide you through the online lodgement process.