Code Orange Moving to Green: New Building Code for Construction Sector

By Duncan Fletcher and Miriam Power, K&L Gates Perth

Background
The passing of the Registered Organisations Bill on by the Senate on Tuesday 22 November 2016 and the passage of the Building and Construction Industry (Improving Productivity) Bill (ABCC Bill) on 30 November 2016 following protracted negotiations between the government and the crossbench brings the two Bills the government used to trigger the double dissolution election earlier this year full circle.

Apart from re-establishing the construction regulator (the Australian Building and Construction Commissioner), the ABCC Bill, once enacted, will implement the Building and Construction Industry (Fair and Lawful Building Sites) Code (Code). The Code establishes an enforcement framework under which building industry participants may be excluded from tendering for or being awarded Commonwealth-funded building work if they are non-compliant.

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