From the 10th of November 2022, the Australian Building and Construction Commission’s role enforcing the Fair Work Act 2009 in the commercial building and construction industry has transferred to the Fair Work Ombudsman.
What’s changing
From 10 November 2022, certain functions and responsibilities that were carried out by the ABCC under the Fair Work Act for the commercial building and construction industry will transfer to the Fair Work Ombudsman.
Workplace rights and obligations in the commercial building and construction industry
Employers and employees in the commercial building and construction industry can find free information and tools on workplace rights and obligations on the Fair Work Ombudsman’s website.
The Fair Work Ombudsman has information on:
- Pay and entitlements including leave, public holidays, hours of work, breaks and rosters, allowances, penalty rates and other payments
- Right of entry
- General protections at work including protection from discrimination
- The role of unions and union membership
- Industrial action including information about payment during industrial action (also known as strike pay)
- Ending employment
- the Building and Construction General On-Site Award
- Independent contractors including information about sham contracting
- COVID-19 information
- Tools and resources
See Important information for the commercial building and construction industry on the Fair Work Ombudsman’s website for more details and information. Remember you can subscribe for email updates from the Fair Work Ombudsman to receive news about important workplace issues relevant to you.
Who to contact for assistance with ABCC matters
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 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 (BCIIP Act))
- 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.
The Australian Government has introduced the Secure Jobs, Better Pay Bill (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.
