Tendering for Australian Government funded building works will be simpler, easier and more efficient with the release of new Implementation Guidelines for the National Code of Practice for the Construction Industry.

Minister for Employment and Workplace Relations Bill Shorten said the revised Guidelines, to be implemented from 1 May 2012, would help business to comply with Government tender requirements.

“The building and construction industry remains a critical sector of our economy, with immediate and direct impact on jobs, growth and productivity,” Mr Shorten said.

“We are committed to strengthening this sector and through this, supporting jobs and investment throughout Australia.

“In support of that aim, the Guidelines have been revised and simplified to reflect the obligations set out in the Government’s Fair Work Act 2009, other key legislation governing building and construction sector workplaces, the Commonwealth Procurement Guidelines and the Fair Work Principles.

“Together, the Guidelines support the creation of quality jobs and the growth of the sector by ensuring Government procurement is consistent with these instruments and easier for business.

The Guidelines also clarify the responsibilities of employers in the sector, including in relation to sham contracting and the engagement of non citizens/non residents.

 “Employers found to have engaged in the practice of sham contracting will be considered to have committed a fundamental breach of the guidelines.  Furthermore, employers must ensure that those engaged in the performance of construction work are lawfully entitled to work under Australian law.

“We strongly believe in the rule of law. We strongly support responsible behaviour by employers, employees and their representatives.

“These guidelines will help more people improve their business processes and be competitive in securing Government funded contracts in the building and construction sector.”

The Government will consult with industry ahead of the 1 May 2012 commencement.  The revised guidelines are available at www.deewr.gov.au/building