Home   >   Features   >   Victorian Code of Practice for the Building and Construction Industry

Victorian Code of Practice for the Building and Construction Industry

By on October 17, 2013

BRUCE McCLURE, General Manager of the CMPA comments on a recent presentation by Nigel Hadgkiss, Director of Construction Code Compliance Unit, Department of Treasurer and Finance.

AT the Civil Construction Alliance meeting held on 21 February 2013, Mr Nigel Hadgkiss, Director of Construction Code Compliance made a presentation on the implications of the revised Code of Practice for the Building and Construction Industry.

He discussed the Implementation Guidelines to the Victorian Code of Practice for the Building and Construction Industry and the reasons why the State Government believes that Victoria needed new guidelines.

The guidelines to the Code of Practice were released by the State Government on 3 April 2012 and came into force aft er 1 July 2012.

The following are extracts from his address to the meeting.

Why did Victoria need new Guidelines?

  • Achieve behavioural change on Victorian building sites,
  • Prompt ending of unlawful industrial action,
  • Reflect Government’s commitment to greater flexibility and productivity,
  • Ensure Government maximises value for money on infrastructure projects, and
  • Directed to supporting:
    • Compliance: With the law, without exception.
    • Productivity: Projects should be delivered on time and within budget.
    • Safety: Parties should achieve & maintain high standards in OHS&R.
    • Freedom of Association: Parties must recognise the right of individuals to be or not be involved in lawful industrial activity and to be free from harassment in relation to workplace relations.

Who is affected by the Guidelines?

  • Contractor:
    • Person who provides building and construction work/services.
    • Includes a principal contractor and a subcontractor.
  • Party:
    • Includes but not limited to clients, contractors, subcontractors, suppliers, consultants, employees, unions – their officials, employees and members and industry associations while undertaking representative role.
  • Principal Contractor:
    • Party who enters into contract with the client agency (Victorian department or public body).
  • Related Entities:
    • Of any party that first expresses interest for, tenders for, or enters into contract.
  • Independent Contractors:
    • Genuine independent contracts undertake a legitimate form of work on Victorian Government building and construction sites and must not be discriminated against.
    • Arrangements that constrain or restrict use of independent contractors and terms of engagement are inconsistent with the guidelines.

The Role of Construction Code Compliance Unit
(What is compliance and monitoring?)

  • Education; working cooperatively with FWBC, WorkSafe etc.
  • Review provisions in project contracts and tender documentation.
  • Review industrial instruments.
  • Investigate tenderer’s current workplace compliance.
  • Site visits, inspections, audits, voluntary advisory audits.
  • Receive reports of alleged breaches & investigate.
  • Report proven breaches to Minister for Finance.

Where do the Guidelines apply?

  • All public building & construction work subject of an Expression of Interest /Request for Tender after 1 July 2012.
  • Public private partnerships (PPPs), alliance contracts, design and construct (D&C) procurement method and any other project funding arrangements.
  • On-site includes primary construction site(s) or any auxiliary
  • or holding sites, where work performed.

CONSTRUCTION CODE COMPLIANCE UNIT

Victorian Government funded sites

  • CCCU has identified 95 projects where the cost is > $10m.
  • The total cost of these projects alone is approximately $11b.
  • 41 of these projects are subject to the new Guidelines.
  • These 41 projects have resulted in 76 contractors and their related entities being required to comply with the Guidelines.
  • 151 contractors are now required to comply with the Guidelines.

PROVIDING ASSISTANCE AND ADVICE

  • Provided detailed advice to contractors/departments on 96 occasions
  • In addition, received 179 requests for assistance.
  • Received up to 8 calls a day on its Hotline.
  • Received 156 emails via the CCCU’s mailbox.
  • Made 36 formal presentations to industry stakeholders.

Nigel encouraged Alliance Members to contact him on nigel.hadgkiss@dtf.vic.gov.au if they have any particular concerns about the operation of the Code or compliance with it.

You must be logged in to post a comment Login

Sponsored Ads