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Building and Construction Industry (Improving Productivity) Bill 2013

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The Parliament of the

Commonwealth of Australia






Building and Construction Industry (Improving Productivity) Bill 2013



(1)     Clause  5 , page 12 (line 19) , omit “ attached to the seabed ”, substitute “, whether or not attached to the seabed, that is used”.

[definition of resources platform]

(2)     Clause  5 , page 12 (after line 21) , after the definition of Secretary , insert:

ship has the same meaning as in the Fair Work Act 2009 .

[definition of ship]

(3)     Clause  6 , page 13 (lines 8 to 15) , omit paragraphs ( 1 )( b ) and (c), substitute:

                     (b)  the construction, alteration, extension, restoration, repair, demolition or dismantling of:

                              (i)  railways (not including rolling stock), docks or resources platforms; or

                             (ii)  buildings, structures or works on resources platforms;

                     (c)  the installation:

                              (i)  in any building, structure or works of fittings forming, or to form, part of land; or

                             (ii)  in any resources platform of fittings forming, or to form, part of the resources platform;

                            including heating, lighting, air-conditioning, ventilation, power supply, drainage, sanitation, water supply, fire protection, security and communications systems;

[building work]

(4)     Clause  6 , page 13 (after line 32) , after paragraph ( 1 )( e ), insert:

                    (ea)  transporting building employees or building contractors, to engage in work covered by paragraph (a), (b), (c) or (d), directly to building sites (including any resources platform) where that work is being or may be performed if the transport is organised, by or on behalf of the relevant building employer or person who engaged the building contractors;

[building work]

(5)     Clause  6 , page 14 (line 12) , omit “ to (e) ”, substitute “ to (ea) ”.

[building work]

(6)     Clause  11 , page 17 (after line 20) , at the end of the clause, add:

Modifications relating to extended application

             (3)  Despite subsections (1) and (2), if the rules prescribe modifications of this Act for its operation under subsection (1) or (2) in relation to a thing or area referred to in subsection (1) or (2), then, so far as this Act would, apart from this subsection, extend to the thing or area, it has effect as so modified.

[extension of Act to EEZ and waters above continental shelf]

(7)     Clause 16, page 21 (line 7), after “this Act”, insert “, by the Building Code”.

[Building Code]

(8)     Clause  34 , page 29 (lines 17 to 19) , omit subclause ( 2 ), substitute:

             (2)  Without limiting subsection (1), the Building Code may provide in relation to the following:

                     (a)  work health and safety matters relating to building work;

                     (b)  obligations on the Commonwealth and corporate Commonwealth entities in relation to building work, including in relation to tender processes for building work;

                     (c)  compliance in relation to the Building Code, including sanctions for non-compliance;

                     (d)  monitoring of compliance in relation to the Building Code, including reporting on non-compliance;

                     (e)  the powers, functions and duties of the ABC Commissioner in relation to the Building Code;

                      (f)  review of decisions made under the Building Code.

[Building Code]

(9)     Clause  54 , page 43 (after line 8) , after subclause ( 4 ), insert:

          (4A)  Subsections (1), (3) and (4) do not apply in relation to action that is authorised by or under the Building Code.

[coercion of persons to make, vary, terminate etc. enterprise agreements etc.]