Research report

Unfounded and unfair: an analysis of the Building and Construction Code (2014)

20 Oct 2016
Description

The Building and Construction Industry Code 2014 (the 2014 Code) will come into effect with the passing of the Building and Construction Industry (Improving Productivity) Bill 2014, which was first proposed under the Abbott Coalition Government and subsequently prosecuted by the Turnbull Coalition Government.

There is currently a national building code already in existence in Australia that was implemented under a previous federal government (the 2013 Code), and the 2014 Code represents a fundamental reworking of the existing Code. In practice, in the construction industry the directions of the 2014 Code are already being enforced in many circumstances, despite not being legislated, due to the government’s publicly announced intention to retrospectively apply the 2014 Code. This has had the deliberate effect of encouraging supply arrangements and negotiated industrial arrangements in the construction industry to be compliant with the 2014 Code lest they be struck down, in full or part, if the 2014 Code would finally be made law.

The spectre of the 2014 Code has been hanging over the construction industry for over two years and continues to cause a significant detrimental impact on the Australian construction industry specifically and the national economy in general. After careful analysis and exhaustive research, this report makes the case that the 2014 Code is not good for Australian Workplaces and should be rejected, because it: Reduces the successful completion of apprenticeships; Reduces the amount of Australian workers undertaking training; Encourages employers to Import skills through the 457 program; Eliminates the ability for employers to develop a social contract with their workforce; Does not allow for responsible employers to negotiate positive discrimination to have a more diverse workplace; Removes the ability to have adequate and mandated safety regimes; and Does not improve productivity within the Building and Construction Industry.

Publication Details
Published year only: 
2016
18
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