Agencies will be aware that it is the policy of the Commonwealth Government to require capital works projects to comply with the National Code of Practice for the Construction Industry and the Australian Government Implementation Guidelines.

On 10 February 2009 the Commonwealth Government advised that it had altered the application of its Code and Guidelines to entities in state and territory industrial relations jurisdictions.

The Commonwealth Government has advised that:

1. Consistent with the Code and 8.1.1 of the Guidelines, entities operating under state and territory industrial relations jurisdictions that are complying with their legal obligations set out in relevant legislation; applicable court and tribunal orders, directions and decisions; or industrial instruments, will be considered to be in compliance with the Code and Guidelines.
2. The Commonwealth Department of Education, Employment and Workplace Relations will continue to provide written assessments, on request, of entities' Code and Guideline compliance.
3. The on-site behaviours of entities not subject to the federal workplace relations jurisdiction will have to comply with all of the requirements contained in their industrial instruments and with those elements of the Code and Guidelines which do not conflict with their legal obligations.
4. Bilateral Commonwealth/State Code Monitoring Groups (BCMGs) will be established to monitor compliance arrangements and, where necessary, refer matters to the Code Monitoring Group (CMG). BCMGs will build on the existing State-based Auslink 1 Project Code Monitoring Group to encompass all Commonwealth funded projects undertaken in each State/Territory.
5. BCMGs will be tasked with resolving any administrative issues associated with more effectively implementing the Code's requirement that ‘Breaches of the Code in one jurisdiction will be regarded as a relevant factor by other jurisdictions when considering the suitability of parties for government projects' (1997 Code, page 10).

Agencies operating under the Commonwealth Government's Code and Guidelines may need to advise the relevant Commonwealth agency that any work performed under the NSW industrial relations jurisdiction should be considered to be in compliance with the Code and Guidelines.

NSW agencies requiring further information about the application and operation of the Commonwealth Government's Code and Guidelines should contact the NSW Office of Industrial Relations to discuss the matter.

Nathan Rees MP
Premier

Issued by: The Office of Industrial Relations
Contact Officers: John Forrester / Don Jones
Telephone: (02) 9020 4524 / (02) 9020 4511
Date: March 2009