Building and Construction Industry (Improving Productivity) Amendment Act 2017

Overview

The Building and Construction Industry (Improving Productivity) Amendment Act 2017, enacted by the Parliament of Australia, was introduced to amend the Building and Construction Industry (Improving Productivity) Act 2016, focusing specifically on the Building Code. This amendment was designed to address issues related to the timelines and processes for submitting expressions of interest and tenders for building work. The Act was assented to on 16 February 2017 and commenced on the day following Royal Assent, which was 17 February 2017. The primary objective of this amendment was to streamline the tendering process by adjusting the deadlines and clarifying the requirements for building industry participants to comply with the Building Code, ensuring that both existing and future enterprise agreements adhere to these standards.

Scope and Application

The Building and Construction Industry (Improving Productivity) Amendment Act 2017 amends the Building and Construction Industry (Improving Productivity) Act 2016. It modifies the timeline and requirements for building industry participants to comply with certain provisions of building enterprise agreements when submitting expressions of interest or tenders for building work. Specifically, it changes the date from 29 November 2018 to 1 September 2017, and alters the note to clarify that compliance with the requirements is mandatory for both expressions of interest and tenders submitted after the document is issued. The amendments apply to expressions of interest or tenders for building work submitted after the Act commences, which was 17 February 2017. The Act applies to building industry participants who are involved in the submission of expressions of interest or tenders for building work. It does not specify exclusions or exemptions, and any subordinate instruments would need to be examined to understand the full scope of the application.

Key Provisions

The Building and Construction Industry (Improving Productivity) Amendment Act 2017 amends the Building and Construction Industry (Improving Productivity) Act 2016, primarily concerning the Building Code. The main operative sections of this Act, as outlined in Schedule 1, involve changes to subsection 34(2E) of the original Act. Specifically, the amendment alters the date by which expressions of interest must be submitted and tenders must be awarded for building work from 29 November 2018 to 1 September 2017. Additionally, the amendment updates the accompanying note to clarify the obligations for building industry participants under different circumstances: before and after the document is issued. The obligations imposed by this Act on the parties or entities it governs are centred around the timely submission of expressions of interest and tenders for building work. Building enterprise agreements, whether made before or after the document is issued, must now comply with the specified requirements if the building industry participant is to be awarded or perform building work. This ensures that all relevant agreements adhere to the stipulated conditions and timelines. The Act also seeks to streamline the process by removing the note that previously existed and replacing it with a more precise clarification of the obligations under different scenarios. In terms of penalties and consequences, the Act does not explicitly state any civil or criminal consequences for non-compliance. However, the amendments are designed to improve productivity and compliance within the building and construction industry. Failure to comply with the amended requirements could potentially result in a building industry participant being ineligible to submit expressions of interest or tender for building work, thus impacting their ability to secure contracts and perform work. While the Act does not detail specific penalties, the implications of non-compliance are significant for industry participants.