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Providing strategic advice on expansion structures November 16, 2018

Founded in Bondi Beach in 2012, Bailey Nelson has rapidly grown into a global eyewear retailer and service provider with boutiques in Australia, London, Canada and New Zealand. The strong demand for their products and … Continued

Latest News

Maddocks appoints next CEO March 31, 2020

Tuesday 31 March 2020  Maddocks has appointed David Newman as the firm’s next Chief Executive Officer. David is a partner in the firm’s Restructuring & Insolvency team and is based in Melbourne. David brings significant … Continued

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COVID-19 – The impact on commercial and retail tenancies April 6, 2020

COVID-19 has, and will continue to have, significant impacts on commercial and retail leases for both landlords and tenants. Proposed Government Mandatory Code The Prime Minister has announced that the National Cabinet will this week … Continued

Are you doing Federally funded building work? Building Code deadline for non-compliant enterprise agreements brought forward

In December 2016, we provided an update on the re-establishment of the Australian Building and Construction Commission and the introduction of the new Code for the Tendering and Performance of Building Work 2016 (Code). A new bill has now passed to bring forward the deadline for certain enterprise agreements to be Code-compliant from 29 November 2018 to 1 September 2017. The bill is awaiting Royal Assent.

What do these changes mean for your business?

The Code is already in force on building sites across Australia, and applies to companies pursuing Commonwealth funded building work, even when performing work on privately funded projects. The Code restricts a wide range of practices, both directly and by prohibiting clauses in enterprise agreements that permit them.

The Code previously gave building industry participants until 29 November 2018 to ensure their enterprise agreements made before 2 December 2016 are Code-compliant. Now building industry participants with non-compliant enterprise agreements made before 2 December 2016 will be able to submit expressions of interest and tender for Commonwealth funded building work, but only until 1 September 2017. Such building industry participants will not be eligible to be awarded, or perform, building work until such time as they are no longer covered by a non-compliant enterprise agreement.

This change does not affect expressions of interest or tenders submitted before the bill becomes law. If a building industry participant with a non-compliant enterprise agreement made before 2 December 2016 has submitted an expression of interest or tender for building work after 2 December 2016 but before the bill becomes law, that participant will still have until 28 November 2018 to ensure they are no longer covered by a non-compliant enterprise agreement.

The change also does not alter the current position for building industry participants with enterprise agreements made after 2 December 2016 – such enterprise agreements must be compliant with the Code if building industry participants covered by them are to submit expressions of interest or tender for building work.

If you are concerned your enterprise agreement does not comply with the Code, you may need assistance in developing a strategy so that the business can continue to work on, and tender for, Federally funded building work.

AUTHORS
VANESSA ANDERSEN 5CM BW JPG 2016 Vanessa Andersen | Partner 
T +61 2 9291 6294
E vanessa.andersen@maddocks.com.au
 EMMA ANDERSON 2CM BW JPG 2016 Emma Anderson | Associate
T +61 2 9291 6239
E emma.anderson@maddocks.com.au

In December 2016, we provided an update on the re-establishment of the Australian Building and Construction Commission and the introduction of the new Code for the Tendering and Performance of Building Work 2016 (Code). A new bill has now passed to bring forward the deadline for certain enterprise agreements to be Code-compliant from 29 November 2018 to 1 September 2017. The bill is awaiting Royal Assent.

What do these changes mean for your business?

The Code is already in force on building sites across Australia, and applies to companies pursuing Commonwealth funded building work, even when performing work on privately funded projects. The Code restricts a wide range of practices, both directly and by prohibiting clauses in enterprise agreements that permit them.

The Code previously gave building industry participants until 29 November 2018 to ensure their enterprise agreements made before 2 December 2016 are Code-compliant. Now building industry participants with non-compliant enterprise agreements made before 2 December 2016 will be able to submit expressions of interest and tender for Commonwealth funded building work, but only until 1 September 2017. Such building industry participants will not be eligible to be awarded, or perform, building work until such time as they are no longer covered by a non-compliant enterprise agreement.

This change does not affect expressions of interest or tenders submitted before the bill becomes law. If a building industry participant with a non-compliant enterprise agreement made before 2 December 2016 has submitted an expression of interest or tender for building work after 2 December 2016 but before the bill becomes law, that participant will still have until 28 November 2018 to ensure they are no longer covered by a non-compliant enterprise agreement.

The change also does not alter the current position for building industry participants with enterprise agreements made after 2 December 2016 – such enterprise agreements must be compliant with the Code if building industry participants covered by them are to submit expressions of interest or tender for building work.

If you are concerned your enterprise agreement does not comply with the Code, you may need assistance in developing a strategy so that the business can continue to work on, and tender for, Federally funded building work.

AUTHORS
VANESSA ANDERSEN 5CM BW JPG 2016 Vanessa Andersen | Partner 
T +61 2 9291 6294
E vanessa.andersen@maddocks.com.au
 EMMA ANDERSON 2CM BW JPG 2016 Emma Anderson | Associate
T +61 2 9291 6239
E emma.anderson@maddocks.com.au