Fact Sheet – Definitions of ‘Builder’ and
‘Building Work’ for Accreditation Purposes
The Scheme
The Australian Government Building and Construction
WHS Accreditation Scheme (the Scheme) is established
by the Fair Work Building Industry Act 2012 (FWBI Act)
and the Fair Work (Building Industry - Accreditation
Scheme) Regulations 2005 (the Regulations).
The Scheme operates such that only ‘builders’ who are
accredited under the Scheme can enter into head
contracts for building work that is funded directly or
indirectly by the Australian Government, subject to
certain conditions.
Definition of a “Builder”
The FWBI Act defines a builder, in relation to ‘building
work’, as ‘a person who carries out any of the building
work’.
Where a project or contract manager, or developer
carries out ‘building work’ in accordance with the FWBI
Act, they will be required to obtain accreditation in
order to undertake projects subject to Scheme
requirements.
However, where a project manager, contract manager
or developer is not carrying out building work, they will
not require accreditation.
In these circumstances, they will be required to engage
an accredited builder to carry out the ‘building work’.
Subcontractors and accreditation
Accreditation is not a requirement for subcontractors
and they are specifically excluded from the Scheme by
regulation 24(1) (f) of the Regulations.
Alliance or Joint Venture Requirements
In alliances and joint venture arrangements only the
person conducting ‘building work’ (that is, the builder
or civil contractor) will require Scheme accreditation.
Provisions apply under regulation 24(1)(h) for alliance
and joint venture arrangements that include both
accredited and unaccredited builders, seeking to
undertake Australian Government funded building
work.
Parties to an alliance or joint venture arrangement that
includes an unaccredited builder are required to
provide certain undertakings to the Federal Safety
Commissioner, before entering into a contract for
building work.
For information on alliance and joint venture
arrangements under the Scheme, please refer to the
Fact Sheet on Alliance and Joint Venture Arrangements
or contact the Office of the Federal Safety
Commissioner (OFSC).
Any company working outside Australia, who wishes to
enter into a proposed alliance or joint venture for
‘building work’ in Australia, should contact the OFSC.
Definition of Building Work
‘Building work’ can cover a number of activities,
including commercial, civil and some residential works.
As such ‘builders’ should also be read to include ‘civil
contractors’.
What Does Building Work Include?
Building work includes the:

construction

alteration

extension

restoration

repair

demolition

dismantling
of any buildings, structures or works that form, or are
to form, part of land, whether or not the buildings,
structures or works are permanent. Any of these
activities carried out on railways and docks are also
captured by the definition of building work, as are
activities carried out on multi-dwelling residential
projects such as duplexes, townhouses, apartments,
terrace houses, aged care units etc.
Building work also includes activities which involve the
installation in any buildings, structures or works of:
What Is Not Included in Building Work?
A single dwelling house that comprises one stand-alone
(detached) residential dwelling (including alteration,
extension or refurbishment) for a single household is
not covered by the definition of building work.

heating

lighting

air-conditioning

ventilation

power supply

drainage

sanitation

water supply

fire protection
visit the FSC website at fsc.gov.au

security
contact the FSC Assist Line on 1800 652 500

communications systems
contact the OFSC via email at
ofsc@employment.gov.au
Therefore, a project solely comprising any number of
single dwelling houses would not be subject to the
requirements of the Scheme.
For further information you can:
Finally, building work includes operations that are
preparatory to, or finish, any of the building activities
listed above, including, for example:

site clearance

earth-moving

excavation

tunnelling

boring

laying of foundations

erection, maintenance and dismantling of
scaffolding

onsite prefabrication of components

site restoration

landscaping

roadways and other access works
This fact sheet was last updated 22 October 2015. The Office of the Federal Safety Commissioner (OFSC) has prepared this fact
sheet for general information only, and it does not replace professional advice. This fact sheet is derived from a variety of
sources and has been prepared without taking into account your individual objectives, situations or needs. You should consider
your personal circumstances, and if appropriate, seek independent legal, financial or other professional advice before acting.
The OFSC has endeavoured to ensure the currency and completeness of the information in this fact sheet at the time of
publication; however, this information may change over time. The OFSC expressly disclaims any liability caused, whether
directly or indirectly, to any person in respect of any action taken on the basis of the content of this fact sheet.