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Site Managers
Your role and the Victorian Code 2014
Site Managers must ensure onsite practices
comply with the Victorian Code of Practice
for the Building and Construction Industry
2014 (Victorian Code).
Right of entry
A union official may have a right of entry in these four
circumstances:



The Victorian Code establishes minimum standards that
parties must meet to conduct Victorian Government
building and construction work.
investigating a breach of workplace law;
holding discussions with employees;
assisting the workplace Health and Safety
Representative; or
 producing a Notice of Suspected Contravention (also
known as a ARREO notice – Authorised Respresentative
of Registered Employee Organisation).
Inductions
To ensure compliance with the Victorian Code
The Victorian Code requires site inductions to be
undertaken by site management. You must not allow
employee representatives or officers of a union to
undertake induction processes.

What is the Victorian Code?
Induction forms must not require an employee to identify
their union status.
You should always request and view the federal entry
permit, and the State OHS entry permit if applicable;
 You must refuse entry if the union official does not have
a valid reason to enter, or does not meet the
requirements for entry; and
 You must not invite a union official onto site.
Freedom of association
Drug and alcohol testing
All employees and contractors have the right to freedom of
association, this means that:
The Victorian Code requires head contractors to have an
approach to managing drug and alcohol issues in the
workplace that helps to ensure that no person attending
the site is under the influence of drugs or alcohol.

A person has a right to choose to be or not to be a
member of a union.
 A person is not required to be a member of a particular
union to work on a site.
 An employer also has the right to choose whether to
join an employer association.
Industrial action
The Victorian Code requires head contractors to:
 take all reasonable steps to resolve industrial action
which adversely affects, or has the potential to
adversely affect, the delivery of the project or other
related contracts on time and within budget;
 prevent or bring to an end unprotected industrial action
occurring on, or affecting, the project, including by
pursuing legal action where possible; AND
 report any threatened or actual industrial action that
may impact on the project, project costs, related
contracts or timelines to the CCCU within 24 hours.
Reporting requirements
Head contractors must notify the CCCU and the client
agency of a breach, or suspected breach, of the Victorian
Code with 24 hours.
This notification should include details of the circumstances
and remedial action taken. Reports should be made in
writing to the CCCU email at [email protected]
WRMP
Where the total value of the construction project is
$10 million or more a Workplace Relations Management
Plan (WRMP) will be in place. The WRMP outlines how a
head contractor will meet the objectives of the Victorian
Code on that project.
The Victorian Code requires head contractors to comply
with their WRMP.
Site security
The Victorian Code requires head contractors to implement
site security and risk management processes and
procedures to maintain the integrity of the site.
This material is for general information only. You should seek legal advice in relation to your particular circumstances.
The Victorian government and its employees do not accept liability for action taken in reliance on this document and
disclaim all liability from any error or omission.
Last updated: October 2014
Workplace safety
Consequences for breaching the Victorian Code
A head contractor must comply with relevant OHS
legislation, regulation and codes.
The CCCU will report all proven breaches of the Victorian
Code by head contractors to the Minister for Finance.
Where the total value of the construction is $10 million or
more a Health and Safety Management Plan (HSMP) will
also be in place.
In respect of proven breaches sanctions may include:
The Victorian Code requires head contractors to comply
with their HSMP.
Dispute settlement
All reasonable attempts must be made to resolve
grievances or matters under dispute at the workplace
between the appropriate level of management and
employees, and where applicable, union or other
representatives.
Subcontractors
Head contractors must ensure all subcontractors on public
building and construction projects comply with the
Victorian Code.
Compliance audits
The Victorian Code requires head contractors to allow
Victorian government authorised personnel to monitor and
investigate compliance on all applicable projects.
Authorised personnel from the Construction Code
Compliance Unit (CCCU) may attend your project at any
time to conduct an audit to establish if the head contractor
is compliant with the Victorian Code. This includes
compliance with any applicable WRMP or HSMP.
Victorian Government authorised personnel are allowed to:


access sites, documents and personnel;
inspect any work, material, machinery, appliance, article
or facility;
 inspect and copy any record relevant to the project; and
 interview any person.
As part of an audit authorised personnel will attend the
building site and meet with members of site management
to discuss onsite practices, and review relevant
documentation


formal written warning;
referral of information to the relevant industry
organisation;
 reduction in tendering opportunities;
 reporting the breach to an appropriate statutory body;
and
 publicising the breach and identity of the head
contractor.
The CCCU will work with head contractors and site
managers to ensure they meet their responsibilities under
the Victorian Code.
For further information on the Victorian Code contact:
CCCU hotline
Website
Email address
1800 VIC CCC (1800 842 222)
www.dtf.vic.gov.au/viccode
[email protected]