Building and construction - industrial relations

Find out more about obligations for building and construction companies working on, or who have tendered for, NSW Government funded projects.

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Access NSW Government procurement guidelines

The New South Wales Industrial Relations Guidelines: Building and Construction Procurement cover building and construction companies that work on, or tender for, NSW Government funded projects. They were developed to implement the NSW Government’s commitment to greater flexibility and productivity within the State’s building and construction industry and to ensure that the NSW maximises value for money on its spending on infrastructure projects.

Download guidelines

Also see Practice Direction

What does the Construction Compliance Unit (CCU) do?

The Construction Compliance Unit was established within NSW Industrial Relations to monitor compliance with, and receive reports of alleged breaches of the Guidelines.

Our monitoring activities include: 

  • audits
  • site inspections
  • desktop reviews of documents and records
  • and telephone enquiries.

The CCU also assesses Workplace Relations Management Plans (WRMP) received by the Client Agencies during the tender process. The CCU provides the required recommendations to ensure the WRMP meets the NSW Model WRMP requirements and Guidelines.

For more information, please refer to our

Reporting breaches of the guidelines to CCU

Contractors and consultants undertaking work covered by the Guidelines must notify the Construction Compliance Unit and the client of 

  • any alleged breaches of these Guidelines and
  • of voluntary remedial action taken, 

within 24 hours of becoming aware of the alleged breach.

Send reports to:

Email: ccu@industrialrelations.nsw.gov.au
 
Phone: 131 628 

Address:  
GPO Box 5341 
Sydney NSW 2001

 

Supply Chain Initiative

 

The NSW Government has a range of requirements relating to compliance with legislation and industrial instruments across the construction supply chain. These requirements arise under the Public Works and Procurement Act 1912 (NSW), the NSW Procurement Policy, the Supplier Code of Conduct, standard construction contracts, Procurement Board Direction 201707 Conduct by Suppliers, and the New South Wales Industrial Relations: Building and Construction Guidelines.

 

Within the construction industry, the NSW Government, through its client Agencies, head contractors and their supply chains, is forecast to invest 118.3 billion in capital expenditure over four years to 2028-29 on infrastructure including, schools, hospitals and road. The Government seeks to ensure that all reasonable steps are being taken by all stakeholders to mitigate the risk of industrial noncompliance within this expenditure.

 

The new Supply Chain Initiative (SCI)

The Construction Compliance Unit (CCU) will take a more proactive role in supporting Agencies and head contractors to comply with existing policy and contractual obligations through the launch of a new program of work this year.

The new SCI will commence on 1 March 2026 and will comprise three streams of work delivered by the CCU:

 

Pre-award industrial compliance checks 

Triggered by the preferred tendered providing the CCU with their Workforce Relations Management Plan, the CCU will collate and provide procuring Agencies with a report for consideration in the due diligence process containing findings by the Fair Work Ombudsman, ATO, ACCC or other relevant regulators.

 

Post award subcontractor supplier mapping 

The CCU will work with client agencies and head contractors to develop and maintain a database of all contractors operating on NSW Government construction sites.

 

Post award industrial compliance audits 

The CCU will conduct onsite and desktop audits of industrial relations compliance for both head contractors and their subcontractors. These audits will assess compliance with legal obligations, including the payment of wages and superannuation. Where potential noncompliance is identified, notice will be provided to the subcontractor, head contractor and relevant client agency.

 

Implications for Agencies

For procuring Agencies, this initiative will mean that:

At the time a Head Contractor submits their Workforce Relations Management Plan (WRMP), the CCU will conduct a search of publicly available records held by relevant regulators in relation the tendering organisation. Any findings will be provided to the procuring Agency for consideration as part of the due diligence process.

  • The CCU will be collecting from Head Contractors a list of proposed subcontractors engaged on their projects with a contract value exceeding $50,000.

This information is to be provided in Excel format to ccu@industrialrelations.nsw.gov.au, updated by the end of each calendar month for the duration of the project. 

The required information is:

  • The name of the project

For each contractor onsite:

  • legal name of company
  • ABN
  • key contact details
  • scope of work being performed
  • contract value
  • start and end dates on the project
  • whether the subcontractor is directly engaged or further down the supply chain.

Procuring Agencies will not be required to do anything.

  • Projects may be subject to inspection by Senior Investigators from the CCU during the life of the project. In the event of an inspection, Head Contractors will be required to produce information demonstrating the policies and procedures they have in place to ensure compliance with section 2 of the Supplier Code of Conduct, as well as relevant industrial instruments and legislation. Information may also be sought directly from subcontractors to evidence their compliance. Should there be findings of non-compliance these will be compiled into a report that will be provided to the procuring Agency, the Head Contractor and any relevant sub-contractor.

 

Implications for Contractors

For Contractors this initiative will mean that on NSW Government projects:

  • At the time tenderers submit a Workforce Relations Management Plan (WRMP), the CCU will conduct a search of publicly available records held by relevant regulators in relation to the  organisation. Any findings will be provided to the procuring agency for consideration as part of the due diligence process. No action is required from tenderers in relation to this search.
  • While Head Contractors currently provide a list of proposed subcontractors at the WRMP stage, this reporting obligation will be extended. Head Contractors will be required to provide regular reports identifying all subcontractors engaged on the project with a contract value exceeding $50,000.

 

This information is to be provided in Excel format to ccu@industrialrelations.nsw.gov.au, updated by the end of each calendar month for the duration of the project. Only new subcontractors will be required in the update. The required information is:

  • The name of the project

For each contractor onsite:

  • legal name of company
  • ABN
  • key contact details
  • scope of work being performed
  • contract value
  • start and end dates on the project
  • whether the subcontractor is directly engaged or further down the supply chain
  • A template for this information will be made available. The first update is requested by March 31 2026
  • Project may be subject to inspection by Senior Investigators from the CCU during the life of the project. In the event of an inspection, Head Contractors will be required to produce information demonstrating the policies and procedures they have in place to ensure compliance with section 2 of the Supplier Code of Conduct, as well as relevant industrial instruments and legislation.
  • Information may also be sought directly from subcontractors to evidence their compliance. Any findings of potential non-compliance will be compiled into a report and provided to the procuring Agency and Head Contractor. 

CCU eLearning

NSW Industrial Relations and the Construction Compliance Unit has an eLearning module that can be accessed at a time to suit you.

Contents of the module

Introduction to the NSW Building and Construction Guidelines:

  • Why the Guidelines have been implemented
  • Key elements of the Guidelines
  • Who the Guidelines apply to
  • Where and when the Guidelines apply
  • Sanctions for breaches of the Guidelines. 

To access the eLearning Module for the Construction Compliance Unit:

eLearning Module

 

Self-assessment checklist

  • The following self-assessment checklist is designed to help parties understand their obligations under the Guidelines.
  • The self-assessment checklist is for guidance purposes only and do not constitute a certificate of compliance.

To access the Self-assessment checklist for principal contractors:

Checklist

 

Other building and construction related documents

The following are a series of Building and Construction related documents to assist and provide further related information.

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