Construction Code Compliance

How to win Government work – the Victorian Code and Victorian Guidelines

All contractors undertaking Victorian Government funded building and construction projects and subsequent privately funded projects must comply with the Victorian Code of Practice for the Building and Construction Industry (Victorian Code) and the Victorian Implementation Guidelines to the Code of Practice for the Building and Construction Industry (Victorian Guidelines).

The Victorian Guidelines apply to all public building and construction work that is the subject of an expression of interest or request for tender on or after 1 July 2012. Victorian government departments and public sector bodies, and building and construction contractors, are required to comply with the Victorian Code and Victorian Guidelines.

The Victorian Guidelines have been developed to support the Victorian Code and in particular, the industrial relations, occupational health, safety and rehabilitation (OHS&R) and workforce reform elements as adopted from the National Code of Practice for the Construction Industry (National Code).

The National Code was developed in 1997 jointly by the Commonwealth, state and territory governments and establishes minimum standards businesses must meet to be eligible for Australian Government building and construction work.

The Victorian Guidelines reflect the Government’s commitment to greater flexibility and productivity in the State’s building and construction industry and ensure that the Government maximises value for money on infrastructure projects.

In particular, the Victorian Guidelines support the following outcomes:

• compliance with the law, without exception;
• productivity with projects delivered on time and within budget;
• achieving and maintaining high standards in occupational health and safety; and
• freedom of association - recognising the rights of individuals to be or not be involved in lawful industrial activity and to be free from harassment in relation to workplace relations matters.

Parties wishing to ensure compliance with the Victorian Code should use the Victorian Guidelines as their first point of reference. The Victorian Guidelines provide a practical guide to following the Victorian Code.

Implementation Guidelines to the Victorian Code of Practice for the Building and Construction Industry (390 KB PDF) | (612 KB DOC)

These Implementation Guidelines should be read in conjunction with Practice Direction 2013/1 (140 KB PDF) | (160 KB DOCX)

From 1 July 2012, compliance is a condition of tender for Victorian Government building and construction projects.


Which guidelines apply?
The Victorian Guidelines apply to all public building and construction work that is the subject of an expression of interest or request for tender on or after 1 July 2012.

The Victorian Guidelines supplement the National Code. They are to be interpreted so that they do not contravene the National Code or the National Implementation Guidelines.

For joint Commonwealth and Victorian funded projects, contractors must comply with the National Code and the Victorian Guidelines. For assistance with the National Code, go to Fair Work Building and Construction

Which projects must apply the Victorian Code and Guidelines?
Compliance with the Victorian Code and Victorian Guidelines is a condition of tender for Victorian Government building and construction projects from 1 July 2012.

An undertaking to apply the Victorian Code and Victorian Guidelines to the project and to all subsequent public and private construction work must be included in expressions of interest and tender responses submitted by the tenderer. Model clauses can be found at www.dtf.vic.gov.au/viccode.

Responsibility for compliance
Government departments, public sector bodies and principal contractors are responsible for ensuring the application of, and compliance with, the Victorian Guidelines through:

• ensuring that compliance with the Victorian Guidelines is included as an integral component of their contract management procedures; and
• all expressions of interest, tender and contractual documents clearly set out the requirements specified in the Victorian Guidelines.

Compliant on-site practices and procedures
Contractors must implement on-site practices and procedures which promote compliance with the objectives of the Victorian Code and Victorian Guidelines.

When the Victorian Code and Guidelines apply
Compliance is a condition of tender for Victorian Government building and construction projects from 1 July 2012. An undertaking to apply the Victorian Code and Victorian Guidelines to the project and to all subsequent public and private work must be included in expressions of interest and tender responses submitted by tenderers.

Model tender and contract documentation
Model tender and contract clauses have been prepared to assist contractors with the tender and contract process. These clauses include the requirement to comply with the Victorian Code and Victorian Guidelines.

Model Workplace Relations Management Plan (WRMP)
A Model WRMP has been prepared to assist principal contractors in preparing their own WRMP when tendering for Victorian Government projects. The Model WRMP is designed as a series of questions rather than as a template.
Contact the CCCU if you would like to attend a workshop to help with preparing a WRMP.

Monitoring the Victorian Guidelines
The Construction Code Compliance Unit (CCCU) monitors compliance with the Victorian Code and Victorian Guidelines at the tender stage and during the project and receives reports of alleged breaches. As part of the monitoring process, the CCCU conducts site visits, inspections and audits.

Breaches and sanctions
When a contractor breaches the Victorian Guidelines, a sanction may be imposed. Sanctions range from a formal warning to preclusion from tendering for Victorian Government construction projects for a specified period.

Public construction policy and resources
The Minister for Finance is now responsible for policy prescribing procurement, tendering and contracting procedures and practices for public construction in Victoria.

Further information

Victorian Construction Code Compliance Unit hotline: 1800 VIC CCC (1800 842 222)
Victorian Construction Code Compliance Unit mailbox: vicccc@dtf.vic.gov.au

Share