News
16 June 2008
Government Announces Consultation on Transition to Fair Work Australia for Building and Construction Industry
The Australian Government has announced an extensive consultation process with industry stakeholders to ensure the orderly and effective transition from the Australian Building and Construction Commission (ABCC) to a specialist building and construction division of Fair Work Australia (‘the Specialist Division’).
The ABCC will be retained until 31 January 2010 when it will be replaced by the Specialist Division.
The Honourable Murray Wilcox QC has been asked to conduct the consultation process and report by the end of March 2009.
Draft terms of reference for the consultative process have been announced and are currently available for public comment.
Subject to feedback received on the terms of reference, the Government will ask his Honour to consult and report on all matters related to the creation of the Specialist Division including but not limited to:
- The operational structure of the Specialist Division and its relationship with other parts of Fair Work Australia;
- The independence and accountability of the Specialist Division;
- The need, if any, for external monitoring, review or oversight of the Specialist Division;
- The scope of investigations and compliance activities to be undertaken by the Specialist Division;
- The powers required by the Specialist Division and its inspectors for the purpose of conducting investigations and compliance activities;
- The rights of persons who are subject to the investigations and compliance activities of the Specialist Division;
- The responsibilities of the officers of the Specialist Division;
- The reporting requirements of the Specialist Division;
- The resolution of disputes and complaints about the activities of the Specialist Division;
- The use of information collected by the Specialist Division in its investigations;
- The commencement of proceedings by the Specialist Division;
- The interaction of the Specialist Division with other federal enforcement agencies such as the Australian Securities and Investments Commission, the Australian Taxation Office, the Australian Competition and Consumer Commission and with relevant State enforcement agencies;
- The likely resources to be required by the Specialist Division and the ways of ensuring those resources are efficiently and effectively allocated;
- The best ways of ensuring high quality personnel are recruited to and retained by the Specialist Division and are properly trained and supervised; and
- The best manner of ensuring an orderly transition between the ABCC and the Specialist Division.
Feedback on the proposed Terms of Reference closes at 10.00am on Monday 30 June 2008.
Comments may be sent via email to: fwa_building@deewr.gov.au, or by post to:
Wilcox Consultation Terms of Reference
Attention: Michael Maynard
Location Code: 10M31
GPO Box 9879
Canberra ACT 2601
For more information view the Transition to Fair Work Australia for building and construction industry media release.
February 2008
Industry Assistance
The Department has completed an upgrade with respect to the building and construction web pages. Some of the features of the revised website include:
- a user friendly design
- simplification of language
- a reduction in the number of pages
- an update to the Sanctions and Code Monitoring Group (CMG) pages to provide a clearer, more concise message to industry on the CMG, and its functions
- links to other key areas of the department
- an improved navigation system.
The Department has also released several fact sheets which will assist Australian Government agencies and industry in meeting their obligations and responsibilities under the Code and Guidelines. The fact sheets relate to Sanctions, material suppliers and the Code Monitoring Group.
January 2008
Code and Guidelines Update
In its Forward with Fairness Policy Implementation Plan, the Australian Government committed to maintaining the existing arrangements for the building and construction industry until January 2010. This includes the retention of the National Code and Guidelines.
The Australian Government has committed to consult extensively with industry stakeholders about the future workplace relations arrangements for the building industry, including the power and functions of the proposed construction division of the Fair Work Australia.
Matters relating to the application and operation of the National Code and Guidelines should be raised with the Department of Education, Employment and Workplace Relations.
12 September 2007
Sanctions imposed under the Code and Guidelines
Baulderstone Hornibrook Pty Ltd (ACN 002 625 130) has received a formal warning for breaching the Code and Section 2.5 (Freedom of Association and Right of Entry) of the 2003 Industry Guidelines by allowing a union delegate, rather than site management to undertake site induction processes. The company was also advised that further breaches of the Code and Guidelines could lead to the imposition of a more serious sanction, including preclusion from tendering for Government funded construction work.
Further information on sanctions
1 September 2007
Code Assessment Online
The Department of Education, Employment and Workplace Relations has a new online assessment tool to help in the lodgement of industrial instruments for assessment against the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (the Code and Guidelines.
Code assessment online
12 December 2006
Discontinuing The Industry Guidelines
The Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, as revised in September 2005 and reissued in June 2006 (the Implementation Guidelines) provides that from 1 November 2005, any party wishing to work on Australian Government funded construction projects will be required to comply with the National Code of Practice for the Construction Industry (the Code) and the Implementation Guidelines on all their construction projects. The Implementation Guidelines provide guidance for the construction industry and government agencies on how the Code is to be interpreted and implemented.
Given that the Implementation Guidelines replicate what is provided for in the Australian Government Industry Guidelines for the National Code of Practice for the Construction Industry, the Australian Government Industry Guidelines will no longer be issued. However, contracts and agreements for Australian Government construction projects operating under the Australian Government Industry Guidelines of 1998, 2003, and 2005 will continue to apply the relevant Guidelines provided for in those contracts and agreements.
All Industry participants tendering for, providing expressions of interest in, and/or undertaking work for construction activity that the Code and Guidelines apply to, must ensure that they refer to the Implementation Guidelines (PDF 253KB) .
NOTE TO CONTRACTORS: if you are a contractor and your contract requires you to apply either the Industry Guidelines, issued 2003, or the Industry Guidelines, revised September 2005, you should continue to apply these provisions where you are contractually obliged to do so.
Download a copy of the Industry Guidelines for the National Code of Practice for the Construction Industry issued December 2003 (PDF 145KB )
Download a copy of the Industry Guidelines for the National Code of Practice for the Construction Industry reissued September 2005 (PDF 530KB)
Please contact the National Code Hotline 1300 731 293 or email building@deewr.gov.au if you require further assistance.