Material Supplier Contracts by vhv50071


More Info
									                       Fact sheet
                       National Code of Practice for the
                       Construction Industry (the Code) and
                       the associated Australian Government
                       Implementation Guidelines (the Guidelines).

                       Am I a Material Supplier?
                              The Code and Guidelines set out the responsibilities
                              of all parties on construction projects funded by the
                              Australian Government. The Guidelines were developed to
                              assist interested parties to interpret and implement the Code.

                              Material supply contracts under the Code and Guidelines
                              The Code and Guidelines cover material supply contracts where the
                              supplied material is integral to the construction of the project or relates
                              to prefabrication of made-to-order components to form part of any
                              building, structure or works, whether carried out on site or off site.

                              Who is a material supplier?
                              Does your business:
                               Manufacture and/or supply material which is integral
                                    to the construction of the project?
                               Manufacture and/or supply material or components which are
                                    prefabricated and made-to-order to form part of any building,
                                    structure or works, whether carried out on site or off site?
                               Specifically or exclusively manufacture and/or supply
                                    construction components?
                              If you answered yes to one or more of these questions,
                              your activities are covered by the Code and Guidelines.
                              The Code and Guidelines do not apply to:
                               consumables or materials that are not integral to the
                                    construction of the project; or
                               retailers, wholesalers or businesses which import materials
                                    for the purpose of retail or wholesale trade to the building
                                    and construction industry; or
                               “dry hire” activities (eg the supply of equipment only).

Information Hotline:
      1300 731 293
                                                                                           February 2008
    Application of the Code and Guidelines to material suppliers
    A list of general ‘material supplier’ activities that have previously been determined is available
    at This list is updated on a regular basis as determinations
    are requested.
    Examples of material supply contracts covered by the Code and Guidelines include:
     supply of reinforcing steel
     supply of cement/flyash
     supply of pipes (sewer, water, conduit)
     “wet hire” activities (eg equipment with operator)
     supply of glass (glass manufactured for building and construction related purposes is covered,
          glass manufactured for automotive and other industries is not)
    Examples of material supply contracts not covered by the Code and Guidelines include:
     industrial and safety equipment
     office furniture—however, installation of fixed office furniture is covered
        by the Code and Guidelines
     supply of temporary site sheds/offices
     supply of temporary security fencing
     hire of scaffolding

    Related entities
    The Code and Guidelines may also apply to the related entities of a material supplier.
    The Guidelines define related entities as ‘entities related to a contractor seeking or engaged
    in Australian Government construction activity’.
     For information, see the Related Entities Fact Sheet (available at

    Privately funded projects
    Parties tendering for Australian Government funded building and construction projects called on or
    after 1 November 2005 must ensure all of their new privately funded activites are Code compliant.
     For information, see the Private Work Fact Sheet (available at

    How do I know if the Code and Guidelines apply to me?
    In the event that you are still unsure if the Code and Guidelines apply to your activities you can
    contact the Department of Education, Employment and Workplace Relations for a determination
    which is binding on all parties with an interest in the Code and Guidelines.
    All determinations are provided to the Office of the Australian Building and Construction
    Commissioner (ABCC) for Code auditing purposes.
    To seek a determination as to whether the Code and Guidelines apply to your activities,
    contact the Department on:
     the Code Hotline: 1300 731 293; or
     the Code Assessment Mailbox:

    Assessment of workplace arrangements
    It is recommended that material suppliers and any related entity covered by the Code and
    Guidelines seek a letter of assessment of its industrial instruments from the Department so that the
    company can, where required, demonstrate its Code compliance status to government agencies,
    clients, head contractors, project managers or consultants.
    To lodge an assessment, go to, then click on the Code
    assessment online link. This will take you to the online lodgement facility.
    Alternatively, you can ring 1300 731 293, and an officer will guide you through
    the online lodgement process.


To top