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Application of the Western Australian Building and Construction Industry Code of Conduct 2016

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Number:2016/06
Issue Date:28/12/2016
Review Date:

28/12/2017

Download: Application of the Western Australian Building and Construction Industry Code of Conduct 2016 

TITLE

APPLICATION OF THE WESTERN AUSTRALIAN BUILDING AND CONSTRUCTION INDUSTRY CODE OF CONDUCT 2016

POLICY

The Western Australian Building and Construction Industry Code of Conduct 2016 (BCI Code) was developed to ensure that Western Australian government funding entities, when expending public funds, contract with building contractors that conduct themselves in a reputable, fair, safe and responsible manner.

All Government Funding Entities must include the obligation to comply with the BCI Code in relation to the procurement for State Building Work within the request for tenders and through the contractual process.

Government Funding Entities include:

  1. A Department of the State of Western Australia;
  2. A Statutory Authority under the Financial Management Act 2006 (WA): and
  3. A Specified Schedule 1 Entity defined as:
    a)    any port authority established under the Port Authorities Act 1999 (WA);
    b)    a body established by or under the Water Corporation Act 1995 (WA) section 4;
    c)    a body established by the Electricity Corporations Act 2005 (WA), section 4(1); and
    d)    the Western Australian Land Authority established by the Western Australian Land Authority Act 1992 (WA).

Building contractors (and related entities) must comply with the BCI Code for the duration of both the tender process and any contract period for State Building Work. During the tender and contract period, building contractors must comply with the BCI Code in relation to all of their building work (including private sector work tendered upon during the State Building Work tender/contract period). The BCI Code also requires building contractors to ensure that subcontractors comply with the BCI Code.

As the requirement to comply with the BCI Code is achieved contractually, it is imperative that Government funding entities tendering for building works include the obligation within the request for tenders and through the contractual process.  Government funding entities should seek assistance from in-house counsel or the State Solicitor's Officer with drafting appropriate clauses in tender documentation and contracts.

The Western Australian Government will not contract with a building contractor (or related entity), for a designated period, that is found to have breached the BCI Code.

The WA Code will apply from 1 January 2017 to major projects with a value of over $10 million and will be rolled out to all other government tendering processes when provisions can be drafted and included in the tendering process.

BACKGROUND

On 5 December 2016 the State Government approved the BCI Code and its application to all State Building Works.

The BCI Code largely reiterates obligations that exist under State and Commonwealth legislation.

A Building and Construction Code Monitoring Unit (BCCMU) in the Department of Commerce will monitor and report on compliance with the BCI Code by building contractors. The BCCMU also will provide information sessions and assistance on the WA Code to building contractors and government agencies.

The BCCMU will work closely with funding entities to assist their compliance with the BCI Code obligations arising from the tender processes. Implementation guidelines and educative materials to assist parties in understanding their obligations under the BCI Code will be available from the BCCMU.

Further information and key documents can be accessed from the Department of Commerce website at http://www.commerce.wa.gov.au/bccmu

 

Colin Barnett MLA
PREMIER

 

For enquiries contact:

Madeleine Jones (08) 6552 9377 or
madeleine.jones@commerce.wa.gov.au
Director Compliance
Building and Construction Code Monitoring Unit
Department of Commerce

Other relevant Circulars:Nil
Circular/s replaced by this Circular:Nil

Acknowledgement of Country

The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.