From 10 November 2022, the ABCC's role enforcing the Fair Work Act 2009 (FW Act) in the commercial building and construction industry will transfer to the Fair Work Ombudsman.
Which functions will move to the Fair Work Ombudsman?
The Fair Work Ombudsman is responsible for enforcing the FW Act as it applies to all Australian workplaces, including the building and construction industry. The FW Act includes provisions on:
- wages and entitlements
- right of entry
- general protections under the FW Act, including freedom of association
- discrimination
- industrial action
- sham contracting
- strike pay.
Where can building industry participants go for assistance?
The ABCC is available to provide advice and assistance on all issues impacting building industry participants until the transfer date of 10 November 2022.
From that date, you can contact the Fair Work Ombudsman for assistance with any new matters relating to the FW Act.
If you have a current matter that is being investigated by the ABCC, you will be advised when it has been transferred to the Fair Work Ombudsman. Until then, you can continue to discuss your matter with your current ABCC contact officer.
You can subscribe for email updates from the Fair Work Ombudsman to receive news about important workplace issues relevant to you.
After 10 November 2022, you can still contact the ABCC for advice and assistance with:
- an existing ABCC legal proceeding
- an unlawful picket (as defined in the Building and Construction Industry (Improving productivity) Act 2016)
- any issue related to the Building Code 2013
- any issue related to the amended Building Code 2016
- any issue related to an examination you have attended as a witness including reimbursement of witness expenses.
What happens next?
The Australian Government has introduced the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (the Bill). The ABC Commissioner retains responsibility for all cases involving the ABCC that are currently before the courts. These cases will remain with the ABCC until amendment of the BCIIP Act. The Bill provides for the transition of these cases to the Fair Work Ombudsman upon commencement.
