Compliance with the Building Code Clause Samples
Compliance with the Building Code. 36.1. In this clause 36: Code means the Building Code 2013, a copy of which can be downloaded from ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/▇▇▇▇▇▇▇▇-▇▇▇▇ Project Parties means all contractors, subcontractors (including the Participating Institutions), suppliers, consultants and employees who perform on-site work in relation to the Research Activities.
36.2. Where the Funding provided for a Research Activity specifically relates to construction and building activity, subject to the financial thresholds specified in the Code, the Administering Institution must comply and ensure that the Project Parties comply with the Code in respect of that Research Activity.
36.3. The Administering Institution must ensure that:
a. all requests for tender, expressions of interest, submissions and invitations to join common use arrangements in relation to the Research Activity made by it or any of the Project Parties contain the commitment to apply the Code as set out in the model tender documents; and
b. all contracts entered into in relation to the Research Activity by it or any of the Project Parties contain the commitment to apply the Code as set out in the model contract clauses.
36.4. The Administering Institution must maintain adequate records of compliance by it and each of the Project Parties with the Code and permit the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Fair Work Building Industry Inspectorate, full access to premises and records of the Administering Institution and the Project Parties to:
a. inspect any work, material, machinery, appliance, article or facility;
b. inspect and copy any record relevant to the Research Activity and works governed by this Agreement;
c. interview any person,
36.5. The Commonwealth and those authorised by it may publish or otherwise disclose information in relation to compliance by the Administering Institution and the Project Parties with the Code. The Administering Institution must obtain the consent of the Project Parties to the publication or disclosure of information under this clause.
36.6. While acknowledging that value for money is the core principle underpinning decisions on Government procurement, when assessing tenders the Administering Institution may preference contractors, subcontractors and consultants that have a demonstrated commitment to:
a. adding and/or retaining trainees and apprentices;
b. increasing the participation of women in all aspects of the industry; o...
Compliance with the Building Code. Where the ARENA Funding specifically relates to building and construction activity, subject to the thresholds specified in the Building Code, the Recipient must comply and ensure that its Contractors comply with the Building Code. The Recipient must, as soon as practicable after issuing a request for expressions of interest or requests for tender (howsoever described) for the Project, inform the ABCC. The Recipient must notify the ABCC when a Contractor has been awarded a contract to undertake the Works of the following: the name and contact details of the Contractor; a description of the work; the location of the proposed work; the cost of the project; and proposed project start and completion dates. The Recipient must: notify the ABCC of all allegations of breaches of the Building Code as soon as practicable but no later than 7 days after the funding entity became aware of the alleged breach; respond to requests for information concerning matters related to the Building Code made by the ABCC; and respond to alleged breaches, with initial actions designed to encourage the voluntary modification or cessation of non-compliant behaviour. The Recipient must only enter into a contract in relation to the Project where: the Contractor has submitted a declaration of compliance, including the further information outlined in “Attachment A to the declaration of compliance”(refer to the ABCC’s Building Code’s Funding entity and recipient model clauses – Indirectly Commonwealth Funded Building Work (April 2017), in substantively the same form as the model declaration of compliance for contractors of funding recipients applicable to indirectly Commonwealth Funded Building Work in relation to the Building Code; the contract with the Contractor contains clauses in substantively the same form as the model contract clauses between funding recipients and contractors applicable to indirectly Commonwealth Funded Building Work in relation to the Building Code; the Contractor is not subject to an Exclusion Sanction; the Contractor has not had an adverse decision, direction or order made by a court or tribunal for a breach of the Act, a designated building law, work health and safety law or competition and consumer law which has not been stayed or revoked and for which the period for compliance has expired without the Contractor having complied with the decision, direction or order; the Contractor will only use products in relation to the Works that comply with the relevant Aust...
Compliance with the Building Code. 1) This Section applies when the Works include Commonwealth Funded Building Work.
2) The following definitions apply with respect to the provisions of this Section: Act means the Building and Construction Industry (Improving Productivity) Act 2016 Building Code means the Code for the Tendering and Performance of Building Work 2016 Building Work has the same meaning as in subsection 3(4) of the Building Code Enterprise Agreement has the same meaning as in the Fair Work Act 2009 Exclusion Sanction has the same meaning as in subsection 3(3) of the Building Code Related Entity has the same meaning as in subsection 3(2) of the Building Code 3) As at the date on which this Subcontract is executed by the Subcontractor, and during the term of this Subcontract, the Subcontractor represents and warrants:
1) the Subcontractor is permitted to tender for, and be awarded, Commonwealth Funded Building Work and is not subject to an Exclusion;
2) the Subcontractor and any Secondary Subcontractors:
i. will comply with the Building Code;
ii. will do all things required by Honeywell to enable Honeywell to meet its obligations under the Building Code;
iii. are not excluded from performing Building Work funded by a state or territory government;
iv. are not covered by, and do not have Related Entities covered by, an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code; and
v. will comply with any applicable WRMP.
3) without limiting its obligations under the Building Code or this Subcontract:
i. the Subcontractor will ensure that remedial action is taken to rectify any behaviour on the part of the Subcontractor or any Secondary Subcontractor that is non-compliant with the Building Code; and
Compliance with the Building Code. 11.2.1 The Developer must comply with the Building Code. Copies of the Building Code are available at ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/▇▇▇▇▇▇▇▇-▇▇▇▇.
11.2.2 Compliance with the Building Code does not relieve the Developer from responsibility to perform the Activities, or from liability for any Defect in the Works arising from compliance with the Building Code.
11.2.3 Where a Variation, Developer Works Stage 1 Variation or change in the Deed is proposed and that Variation, Developer Works Stage 1 Variation or change would affect compliance with the Building Code, the Developer must submit a report to Council’s Representative and the Commonwealth specifying the extent to which the Developer’s compliance with the Building Code will be affected.
11.2.4 The Developer must maintain adequate records of the compliance with the Building Code by:
(a) the Developer;
(b) its subcontractors (including each Contractor); and
(c) its Related Entities.
11.2.5 The Developer acknowledges that, if the Developer does not comply with the requirements of the Building Code in the performance of this Deed such that a sanction is applied by the Minister for Employment, without prejudice to any rights that would otherwise accrue, those parties will be entitled to record that non- compliance and take it, or require it to be taken, into account in the evaluation of any future tenders that may be lodged by the Developer or a Related Entity in respect of Commonwealth Funded Building Work.
11.2.6 The Developer must not appoint a Contractor in relation to the Works where:
(a) there are reasonable grounds to believe that the building contractor or building industry participant is covered by an enterprise agreement that is inconsistent with the Building Code;
(b) an exclusion sanction applies to the building contractor or building industry participant;
(c) an adverse decision, direction or order of a court or tribunal has been made in relation to the building contractor or building industry participant and a contravention of any of the following in respect of building work:
(i) a designated building law;
(ii) the WHS Act, the WHS Regulation or a corresponding work health and safety law; or
(iii) the Competition and Consumer Act 2010 (Cth), and there are reasonable grounds to believe that the building contractor or building industry participant has failed to comply with the decision, direction or order.
11.2.7 The Developer must provide, and ensure that its Contractors and Related Entities provide, ...
Compliance with the Building Code. Where the ARENA Funding specifically relates to building and construction activity, subject to the thresholds specified in the Building Code, the Recipient must comply and ensure that its Contractors comply with the Building Code.
Compliance with the Building Code. 13.1 If the Code for the Tendering and Performance of Building Work 2016 (Cth) and Building Code 2013 (Cth) (“Building Code”) is applicable to the Subcontract Works, the Subcontractor:
(a) warrants that it understands the requirements of the Building Code;
(b) warrants that it is, and will remain, compliant with the Building Code;
(c) will inform ▇▇▇▇ and the Australian Building and Construction Commission if there is a breach or suspected breach of the Building Code; and
(d) will comply with any Workplace Relations Management Plan that applies at the site.
13.2 If ▇▇▇▇ is required to comply with the Building Code in relation to the Head Contract, the Subcontractor must comply with any reasonable direction from the ▇▇▇▇ to ensure that:
(a) ▇▇▇▇ complies with its obligations under the Building Code; and
(b) the Subcontractor complies with any obligations that may apply to it under the Building Code.
13.3 The Subcontractor must impose obligations on its subcontractors and consultants equivalent to the obligations under this clause 13.
Compliance with the Building Code. Optional –.– if deleted write ‘Reserved’– This clause 19 must be included where: Drafting Note: The Building Code (February 2013) applies to all construction projects indirectly funded by the Australian Government through grants and other programmes. Clause 19 applies where the Australian Government Funding for a construction project where: - The value of Australian Government contribution to a project is at least $5 million and represents at least 50 per cent of the total construction project value; or - Regardless of the proportion of Australian Government funding, where the Australian Government contribution to a project is $10 million or more.
Compliance with the Building Code. 1.2.1 Where the Funding relates to Commonwealth funded building work, the State must comply and ensure that the Project Parties comply with the Building Code and the Guidelines.
1.2.2 The State must ensure that:
a. all requests for application or tender, expressions of interest, submissions and invitations to join 'Common Use Arrangements' in relation to the Priority Project made by it or any of the Project Parties, contain the commitment to apply the Building Code and Guidelines as set out in the model tender documents available at: ▇▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇-▇▇▇▇-▇▇▇▇-▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇
b. all contracts entered into in relation to the Priority Project by it or any of the Project Parties contain the commitment to apply the Building Code and Guidelines as set out in the model contract clauses available at: ▇▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇-▇▇▇▇-▇▇▇▇-▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇ . The State must notify the Commissioner of the Australian Building and Construction Commission (ABCC) when the tender process for work in relation to the Project is complete and a building contractor or building industry participant has been awarded a contract to undertake Commonwealth funded building work. The notification should include: the name and contact details of the building contractor or building industry participant; and
Compliance with the Building Code. Where the Funding relates to Commonwealth funded building work, the State must comply and ensure that the Project Parties comply with the Building Code and the Guidelines.