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Assisting on whole of government technology agreements November 2, 2017

Maddocks advised the Commonwealth Government’s Digital Transformation Agency (DTA) on its whole of government purchasing agreement with SAP. The DTA was set up in 2015 to assist government departments and agencies with digital transformation and … Continued

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Winner of the first William Ah Ket Scholarship announced November 21, 2017

Tuesday 21 November 2017 A solicitor in a Victorian government agency is the first winner of the William Ah Ket Scholarship, a $5,000 prize named after the first barrister of Chinese heritage in Australia. K … Continued

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Encouraging positive and masking negative reviews – Lessons from ACCC v Meriton November 24, 2017

Following our report from November last year, The Federal Court has found that Meriton Serviced Apartments (Meriton) engaged in misleading and deceptive conduct in circumstances where it adopted a scheme preventing unfavourable reviews for its properties … 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