Common use of Building Code Clause in Contracts

Building Code. (a) This clause 23.7 only applies if there are Commonwealth Works, being works set out in Items 1 to 8 of Schedule 1 of the Code for the Tendering and Performance of Building Work 2016 (Cth) (Building Code) issued under s 34 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCIIP Act). (b) The Supplier declares as at the date of this Subcontract and must ensure during the term of this Subcontract that, to the extent relevant to the Supply of Goods, in relation to the Commonwealth Works, it (and must procure that its Separate Subcontractors): (i) complies with the Building Code; (ii) is not covered by an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code; (iii) is not subject to an Exclusion Sanction as defined in section 3(1) of the Building Code; (iv) has not had an adverse decision, direction or order made by a court or tribunal for a breach of the BCIIP Act, a designated building law, work health and safety law or competition and consumer law and failed to comply with the decision, direction or order; (v) only uses products in relation to the Commonwealth Works that comply with the relevant Australian standards published by, or on behalf of, Standards Australia; (vi) unless approved otherwise by the ABC Commissioner, is not excluded from performing Building Work (as defined in s 3(3) of the Building Code) funded by a state or territory government; and (vii) complies with the Main Contractor’s Workplace Relations Management Plan approved by the ABCC in accordance with Part 6 of the Building Code that applies to the Commonwealth Works. (c) Without limiting and notwithstanding this clause 23.7, the Supplier will ensure that remedial action is taken to rectify any behaviour on the part of it and its Secondary Subcontractors that is non-compliant with the Building Code. (d) The Supplier acknowledges and agrees that compliance with the Building Code does not relieve the Contractor from any responsibility or obligation under this Subcontract, or from liability for any Defect in Commonwealth Works arising from compliance with the Building Code. (e) The Supplier must notify the ABCC of any breach or suspected breach of the Building Code as soon as practicable but no later than 2 Business Days after becoming aware of the breach or suspected breach and of the steps proposed to be taken to rectify the breach. (f) The Supplier acknowledges the powers and functions of the ABC Commissioner and Secondary ABCC under the BCIIP Act and the Building Code and must ensure that it (and must procure that its Secondary Subcontractors) complies with any requests made by the ABCC and the ABC Commissioner within those powers and functions, including requests: (i) for entry under section 72 of the BCIIP Act; (ii) to interview any person under section 74 of the BCIIP Act; (iii) to produce records or documents under sections 74 and 77 of the of the BCIIP Act; and (iv) (j) for information concerning matters relating to the Building Code under subsection 7(c) of the Building Code. (g) The Supplier must not enter into a Secondary Subcontract for any aspect of the Commonwealth Works unless: (i) the Secondary Subcontractor has submitted a Declaration of Compliance, including the further information outlined in Attachment A to the Declaration of Compliance, which the Supplier agrees is substantially in the same form as the model declaration of compliance applicable to contractors and subcontractors in relation to the Building Code; and (ii) the Secondary Subcontract with the Secondary Subcontractor includes an equivalent clause to this clause 23.7. (h) Prior to entering into a subcontract for any aspect of the Commonwealth Works, and for every six months during the term of the subcontract, the Supplier must ensure that the subcontractor it has engaged advises HLL whether: (i) it has in the preceding 6 months or since it last advised HLL, whichever is the earliest, had an adverse decision, direction or order of a court or tribunal made against it for a breach of a designated building law, work health and safety law or the Migration Act 1958; or (ii) it or its related entities have in the preceding 6 months or since it last advised HLL, whichever is the earliest: (A) been required to pay any amount under an adjudication certificate (provided in accordance with a law relating to the security of payments that are due to persons in respect of building work) to a Building Contractor or Building Industry Participant as those terms are defined in the BCIIP Act; or (B) owed any unsatisfied judgement debts to a Building Contractor or Building Industry Participant. (i) The Supplier must provide the Commonwealth with any Secondary Subcontractors’ Declaration of Compliance promptly upon request. (j) The Supplier must maintain adequate records of the compliance with the Building Code by: (i) the Supplier; (ii) its Secondary Subcontractors; (iii) its consultants; and (iv) any related entity of the Supplier (as that term is defined in subsection 3(2) the Building Code).

Building Code. (a) This clause 23.7 25.16 only applies if there are Commonwealth Works, being works set out in Items 1 to 8 of Schedule 1 of the Code for the Tendering and Performance of Building Work 2016 (Cth) (Building Code) issued under s 34 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCIIP Act). (b) The Supplier Subcontractor declares as at the date of this Subcontract and must ensure during the term of this Subcontract that, to the extent relevant to the Supply of GoodsWUS, in relation to the Commonwealth Works, it (and must procure that its Separate Subcontractors): (i) complies with the Building Code; (ii) is not covered by an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code; (iii) is not subject to an Exclusion Sanction as defined in section 3(1) of the Building Code; (iv) has not had an adverse decision, direction or order made by a court or tribunal for a breach of the BCIIP Act, a designated building law, work health and safety law or competition and consumer law and failed to comply with the decision, direction or order; (v) only uses products in relation to the Commonwealth Works that comply with the relevant Australian standards published by, or on behalf of, Standards Australia; (vi) unless approved otherwise by the ABC Commissioner, is not excluded from performing Building Work (as defined in s 3(3) of the Building Code) funded by a state or territory government; and (vii) complies with the Main Contractor’s Workplace Relations Management Plan approved by the ABCC in accordance with Part 6 of the Building Code that applies to the Commonwealth Works. (c) Without limiting and notwithstanding this clause 23.725.16, the Supplier Subcontractor will ensure that remedial action is taken to rectify any behaviour on the part of it and its Secondary Subcontractors that is non-compliant with the Building Code. (d) The Supplier Subcontractor acknowledges and agrees that compliance with the Building Code does not relieve the Contractor from any responsibility or obligation under this Subcontract, or from liability for any Defect in Commonwealth Works arising from compliance with the Building Code. (e) The Supplier Subcontractor must notify the ABCC of any breach or suspected breach of the Building Code as soon as practicable but no later than 2 Business Days after becoming aware of the breach or suspected breach and of the steps proposed to be taken to rectify the breach. (f) The Supplier Subcontractor acknowledges the powers and functions of the ABC Commissioner and Secondary ABCC under the BCIIP Act and the Building Code and must ensure that it (and must procure that its Secondary Subcontractors) complies with any requests made by the ABCC and the ABC Commissioner within those powers and functions, including requests: (i) for entry under section 72 of the BCIIP Act; (ii) to interview any person under section 74 of the BCIIP Act; (iii) to produce records or documents under sections 74 and 77 of the of the BCIIP Act; and (iv) (j) for information concerning matters relating to the Building Code under subsection 7(c) of the Building Code. (g) The Supplier Subcontractor must not enter into a Secondary Subcontract for any aspect of the Commonwealth Works unless: (i) the Secondary Subcontractor has submitted a Declaration of Compliance, including the further information outlined in Attachment A to the Declaration of Compliance, which the Supplier Subcontractor agrees is substantially in the same form as the model declaration of compliance applicable to contractors and subcontractors in relation to the Building Code; and (ii) the Secondary Subcontract with the Secondary Subcontractor includes an equivalent clause to this clause 23.725.16. (h) Prior to entering into a subcontract for any aspect of the Commonwealth Works, and for every six months during the term of the subcontract, the Supplier Subcontractor must ensure that the subcontractor it has engaged advises HLL whether: (i) it has in the preceding 6 months or since it last advised HLL, whichever is the earliest, had an adverse decision, direction or order of a court or tribunal made against it for a breach of a designated building law, work health and safety law or the Migration Act 1958; or (ii) it or its related entities have in the preceding 6 months or since it last advised HLL, whichever is the earliest: (A) been required to pay any amount under an adjudication certificate (provided in accordance with a law relating to the security of payments that are due to persons in respect of building work) to a Building Contractor or Building Industry Participant as those terms are defined in the BCIIP Act; or (B) owed any unsatisfied judgement debts to a Building Contractor or Building Industry Participant. (i) The Supplier Subcontractor must provide the Commonwealth with any Secondary Subcontractors’ Declaration of Compliance promptly upon request. (j) The Supplier Subcontractor must maintain adequate records of the compliance with the Building Code by: (i) the SupplierSubcontractor; (ii) its Secondary Subcontractors; (iii) its consultants; and (iv) any related entity of the Supplier Subcontractor (as that term is defined in subsection 3(2) the Building Code).