CFMEU Inquiry: Construction Code Reboot Proposed

Queensland’s construction sector could face a significant regulatory reset as an ongoing inquiry continues to put the industry under the microscope.

The Commission of Inquiry into the CFMEU has released a discussion paper canvassing the reintroduction of a statewide code of practice that would focus on lifting compliance, productivity and industry integrity.

Off the back of alleged misconduct across the construction industry, the Commission is seeking feedback on the proposed code, timing, implementation and enforcement mechanisms. 

A Commission spokesperson said the terms of reference of the Commission of Inquiry “call for consideration of whether any law or policy change is needed in relation to the construction industry in Queensland”.

“A building and construction code is one mechanism that could promote compliance, integrity and efficiency across the industry,” they said. 

“We are seeking views on whether such a code is desirable and, if so, what it should contain and how it should be enforced. 

“The Commission encourages anyone with an interest in Queensland’s construction industry to review the paper and provide their feedback.” 

While codes have existed in various forms over the past two decades, in Queensland and nationally, the latest proposal signals a shift toward a more unified, whole-of-government framework. 

▲ Industrial action on sites would be closely regulated under proposed changes. 

Previous iterations have governed everything from workplace relations and subcontracting practices to site safety, dispute resolution and tendering behaviour.

The new code, as flagged in the discussion paper, would seek to standardise expectations across all tiers of the industry—from principal contractors to subcontractors and trades—while tightening rules around enterprise bargaining agreements and site conduct. 

Among the measures under consideration are restrictions on productivity-limiting clauses in EBAs, limits on “jump-up” provisions that pass obligations down the contracting chain, and clearer safeguards around right-of-entry provisions to prevent misuse under the guise of safety concerns.

The Queensland Government has already indicated in-principle support for a revised framework that would address unlawful industrial action and improve transparency across publicly funded projects. 

For developers and contractors, the implications are potentially far-reaching. 

Codes of this nature have historically carried significant weight, with non-compliance often resulting in exclusion from government work, which could impact compliance costs, procurement pipelines and project feasibility. 

Feedback is being sought on key issues, including whether a code is preferable to legislative reform, what provisions should be prioritised, and how enforcement could be structured without creating undue regulatory burden.