Terms of reference
Transition to Fair Work Australia for the Building and Construction Industry
Terms of Reference
The Australian Government has committed to establish a Specialist Division within the Inspectorate of Fair Work Australia with responsibility for the building and construction industry. The Specialist Division will commence operation on 1 February 2010 and will replace the Office of the Australian Building and Construction Commissioner.
The building and construction industry makes a critical contribution to the Australian economy, employment and productivity. The Specialist Division will ensure that all participants in the building and construction industry comply with Australia’s workplace relations laws.
The Australian Government has committed to consult extensively with industry stakeholders to ensure the transition to the new arrangements will be orderly, effective and robust.
The Australian Government has asked the Honourable Murray Wilcox QC to consult and report on 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.
His Honour’s consultations relate solely to the Specialist Division and are separate to the existing consultative processes established by the Government to inform the broader workplace relations framework and the establishment of Fair Work Australia. The Government intends legislation creating a new workplace relations system will be introduced into the Parliament in the second half of 2008.
The Government has asked His Honour to provide his report by the end of March 2009. His Honour’s report will assist to inform Government consideration of the creation and ongoing operation of the Specialist Division.