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ABCC Building Code 2016 - Request for Preliminary Advice/Letter of Compliance
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Instructions

ABCC Building Code 2016 - Request for Preliminary Advice/Letter of Compliance
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Building Code 2016

The ABCC issues Letters of Compliance for enterprise agreements made on or after 25 April 2014 that meet the Building Code 2016 requirements (an ABCC Determination). The ABCC can also provide advice on whether individual clauses and proposed agreements meet the requirements of the Building Code 2016.

Process for Submission

1.If you want preliminary advice on whether a proposed enterprise agreement would meet the requirements of section 11 of the Building Code, you must upload a copy of the proposed agreement. The ABCC will provide preliminary advice on whether the proposed agreement, if made and approved in a certain form, would become an enterprise agreement that meets the requirements of section 11 of the Building Code. 2.If you are covered by a registered agreement made on or after 25 April 2014, you can apply for an ABCC Determination that the enterprise agreement meets the requirements of section 11 of the Building Code. A determination is taken to be conclusive of the fact that an enterprise agreement meets the requirements of section 11. 3.Please ensure you complete all sections of this request. Failure to complete sections could result in delays. You will be required to upload a copy of the enterprise agreement requiring assessment and any relevant incorporated policies. 4.These files must not exceed 15 MB and must be a .doc, .docx, .pdf file type. Assessment times will be subject to the volume of agreements that require assessment NOTE - If you are covered by a modern award, other lawful arrangement or enterprise agreement made on or before 24 April 2014, you do not need to complete this form. Contractors who are covered by enterprise agreements made on or before 24 April 2014 or are covered by a Modern Award or other lawful workplace arrangements can use Self-Declaration A (Word - 143K) to demonstrate eligibility to express interest, tender or be awarded a contract.

Preliminary Review

The ABCC has published guidance material in the form of an extensive list of clauses from enterprise agreements that have been submitted for assessment to the ABCC (or to the Department of Employment prior to 2 December 2016). The list contains advice about whether the clauses meet the requirements of section 11 of the Building Code 2016. Before submitting your proposed enterprise agreement to the ABCC for assessment you should use this list as a guide to review whether your agreement contains any clauses that do not meet the requirements of the Building Code 2016. Information on preliminary reviews.
Please note - if you are submitting a draft enterprise agreement for assessment and, during the course of the assessment, the ABCC finds multiple non-compliant clauses that were contained in the guidance material, the ABCC will not continue with the assessment. The ABCC will advise you that your agreement does not meet the requirements of the Building Code 2016 and ask you to use the preliminary review tool before resubmitting.

Further Information

The ABCC has developed a comprehensive list of frequently asked questions. If you still cannot find the information you are looking for, please contact the ABCC on 1800 003 338.

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Contact Details

ABCC Building Code 2016 - Request for Preliminary Advice/Letter of Compliance
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Are you completing this form on behalf of another business?

Contact Details

Please enter the contact details of the party submitting the enterprise agreement.
Contact Address
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Organisation Details

Please enter the contact details of the organisation to whom the relevant enterprise agreement applies (the relevant business).
You need to create a property called 'ABR Authentication Guid' on the form version in TM and sets its value to the authentication guid you have been assigned to call the ABR. The SmartForms authentication GUID is TM-88JUH-76IK-BNHM-MK09-JOY8766, You can get your own from the ABR. To use this widget, hide the fields you are not interested in. If you dont want to use the ACN Lookup feature, hide the ACN block. There is a read only ACN field in the ABR block that shows up when the Lookup ACN feature is hidden. Once this is done you should hide this note.
Enter the ABN into the Australian Business Number (ABN) field and click the Lookup ABN button to retrieve the entity name from the Australian Business Register (ABR).
Enter your ACN into the Australian Company Number (ACN) field and click the Lookup ACN button to retrieve your registration details from the Australian Business Register (ABR).
The entity name refers to the name that appears on all official documents or legal papers. The entity name may be different from the business/trading name. Your business may have registered one or more business/trading names. If you operate under a business or trading name you can enter alternate names(s) here.

Contact Name
(note that the letter of compliance will be addressed to this contact name)

Contact Address
This widget uses Google Places. In order to use it you need to comply with the Google Place API Policy.To summarise

Your Terms of Use and Privacy Policy must be publicly available.You must explicitly state in your applications Terms of Use that by using your application, users are bound by Google’s Terms of Service.You must notify users in your Privacy Policy that you are using the Google Maps API(s) and incorporate by reference the Google Privacy Policy.
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Details of Enterprise Agreement

ABCC Building Code 2016 - Request for Preliminary Advice/Letter of Compliance
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Agreement Details

What do you want to do?
If your agreement was made on or after 25 April 2014 and has been registered with the Fair Work Commission and the ABCC’s advice is that the agreement meets the requirements of the Building Code 2016, you will be issued a letter of compliance. Please complete the details below.
Please provide the Fair Work Commission matter number (e.g. AG2017/1234(5))
Please provide the date on which the agreement was made
Note: under section 182 of the Fair Work Act 2009, a single enterprise agreement is made when the majority of employees covered by the agreement cast a valid vote to approve the agreement. If you are submitting a greenfields agreement for assessment, please enter the date the agreement was signed by the parties. The date on which an agreement is made is separate from the date on which the Fair Work Commission approves the agreement.
Please provide the nominal expiry date
Have you previously submitted this agreement to the Department of Employment for an interim assessment against the advance release version of the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014?
Previous Assessment/s
File:
Total file size must not exceed 15MB and only .doc, .docx and .pdf files are accepted. At most five files can be attached.
Have you received advice from the ABCC about a previous version of this agreement?
Please provide the ABCC AGR number or reference code assigned to the previous agreement
Is there any other information that you would like to provide?
If the relevant business made an agreement before 2 December 2016 that has since been registered with the Fair Work Commission, a letter of compliance will be issued which will be valid until 28 November 2018. Please complete the details below.
Please provide the Fair Work Commission matter number (in the following format, AG2017/99999)
Please provide the date on which the agreement was made
Note: under section 182 of the Fair Work Act 2009, a single enterprise agreement is made when the majority of employees covered by the agreement cast a valid vote to approve the agreement. If you are submitting a greenfields agreement for assessment, please enter the date the agreement was signed by the parties. The date on which an agreement is made is separate from the date on which the Fair Work Commission approves the agreement.
The ABCC will provide preliminary advice on whether its content meets the requirements of the Building Code 2016.
Have you previously submitted this agreement to the Department of Employment for an interim assessment against the advance release version of the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014?
Previous Assessment/s
File:
Total file size must not exceed 15MB and only .doc, .docx and .pdf files are accepted. At most five files can be attached.
Have you received advice from the ABCC about a previous version of this proposed agreement?
Please provide the ABCC AGR number or reference code assigned to the previous agreement
Is there any other information that you would like to provide?
Are you covered by a modern award or another lawful instrument?
If the relevant business is not covered by an enterprise agreement but pays in accordance with a modern award, a letter of compliance will be issued.

Agreement Details

Are you lodging an enterprise agreement which has been voted for by a majority of employees on or after 2 December 2016?
If your agreement has been registered with the Fair Work Commission and the ABCC determines that the agreement meets the requirements of the Building Code 2016, you will be issued a letter of compliance. Please complete the details below.
Please provide the Fair Work Commission matter number (in the following format, AGYEAR/XXXX)
Please provide the date on which the agreement was made
Note: under section 182 of the Fair Work Act 2009, a single enterprise agreement is made when the majority of employees covered by the agreement cast a valid vote to approve the agreement. If you are submitting a greenfields agreement for assessment, please enter the date the agreement was signed by the parties. The date on which an agreement is made is separate from the date on which the Fair Work Commission approves the agreement.
Please provide the nominal expiry date
Have you previously submitted this agreement to the Department of Employment for an interim assessment against the advance release version of the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014?
Previous Assessment/s
File:
Total file size must not exceed 15MB and only .doc, .docx and .pdf files are accepted. At most five files can be attached.
Has a previous draft of this agreement been assessed by the ABCC against the Building Code 2016?
Please provide the ABCC AGR number or reference code assigned to the previous agreement
Are you lodging an enterprise agreement which has been voted for by a majority of employees prior to 2 December 2016?
If the relevant business made an agreement before 2 December 2016 that has since been registered with the Fair Work Commission, a letter of compliance will be issued which will be valid until 28 November 2018. Please complete the details below.
Please provide the Fair Work Commission matter number (in the following format, AGYEAR/XXXX)
Please provide the date on which the agreement was made
Note: under section 182 of the Fair Work Act 2009, a single enterprise agreement is made when the majority of employees covered by the agreement cast a valid vote to approve the agreement. If you are submitting a greenfields agreement for assessment, please enter the date the agreement was signed by the parties. The date on which an agreement is made is separate from the date on which the Fair Work Commission approves the agreement.
Are you lodging an enterprise agreement that has not been voted for by a majority of employees and is still in draft form?
The ABCC will provide preliminary advice on whether its content meets the requirements of the Building Code 2016.
Have you previously submitted this agreement to the Department of Employment for an interim assessment against the advance release version of the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014?
Previous Assessment/s
File:
Total file size must not exceed 15MB and only .doc, .docx and .pdf files are accepted. At most five files can be attached.
Have you received advice from the ABCC about a previous version of this proposed agreement?
Please provide the ABCC AGR number or reference code assigned to the previous agreement
Is there any other information that you would like to provide that may assist with the assessment of this agreement (i.e. has the ABCC assessed the same agreement for another business)?
Are you covered by a modern award or other lawful instrument?
If the relevant business is not covered by an enterprise agreement but pays in accordance with a modern award or other lawful arrangement, a letter of compliance will be issued.

Agreement and Incorporated Policy Attachments

ABCC Building Code 2016 - Request for Preliminary Advice/Letter of Compliance
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Agreement and Incorporated Policy Attachments

Enterprise Agreement Attachments
File:
Total file size must not exceed 15MB and only .doc, .docx and .pdf files are accepted. At most five files can be attached.

Submission

ABCC Building Code 2016 - Request for Preliminary Advice/Letter of Compliance
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Submission

Thank you for your application. Before clicking Submit, please ensure that all details are correct. Any correspondence about your enterprise agreement assessment should be via the email address agreements@abcc.gov.au