The definition of building work in the Building and Construction Industry Improvement Act 2005 (BCII Act) establishes the reach of the Office of the Australian Building and Construction Commissioner’s jurisdiction. The definition is broad.
Building industry participants involved in building work are bound under the BCII Act.
Definition of building work
Building work as defined by the BCII Act includes:
Buildings, structures or works on land (including land beneath water)
Building activities on any buildings, structures or works that form, or are to form, part of land. The result of the activities may be permanent or temporary. Activities covered are:
- construction
- alteration
- extension
- restoration
- repair
- demolition
- dismantling.
Railways and docks
Building activities on railways (but not for rolling stock) and docks. Activities covered are identical to those above.
Fit-outs on land (including land beneath water)
Building activities for fit-outs, provided that the fittings form, or are to form, part of land, and are installed in a building, structure or works. For example installing:
- heating
- lighting
- air-conditioning
- ventilation
- power supply
- drainage
- sanitation
- water supply
- fire protection
- security
- communications systems.
Preparatory/Finishing Operations
Building operations that are in preparation for, or for the finishing of, any of the building activities listed on the front of this fact sheet.
For example:
- scaffolding tasks
- excavations
- prefabrication of components whether carried out on site or off site
- landscaping
- road-works.
Building work does not cover
Drilling and extraction
- the drilling for, or extraction of, oil or natural gas
- the extraction of, or underground works for, mining.
Domestic housing
- construction, repair, or restoration of:
- a single-dwelling home
- a building, structure, or work, e.g., a shed, or a pool associated with a single-dwelling home
- alteration and extension of a single-dwelling home which remains so after the activity is completed
- a multi-dwelling development involving the construction of four single-dwelling homes or less.
Definition of building industry participants
The BCII Act defines building industry participants as any of the following:
- a building employee
- a building employer
- a building contractor
- a person who enters into a contract with a building contractor under which the building contractor agrees to carry out building work or arrange for building work to be carried out
- a building association (e.g. union or employer association)
- an officer, delegate or other representative of a building association
- an employee of a building association
If you are unsure whether you are bound under the BCII Act, contact the ABCC Hotline: 1800 003 338