ABCC field officers have powers to investigate workplace relations laws under the Building and Construction Industry Improvement Act 2005 (BCII Act), and under the Fair Work Act 2009 (FW Act).
Field officers are appointed as Fair Work Inspectors under the FW Act, and as ABC Inspectors under the BCII Act.
This fact sheet outlines the powers of ABCC field officers appointed as ABC Inspectors under the BCII Act.
The Building and Construction Industry Improvement Act 2005 gives ABCC field officers appointed as ABCC Inspectors certain powers to perform their role to promote and monitor compliance with relevant Commonwealth workplace laws.
All ABC Inspectors are issued with an identity card that they must carry with them at all times when performing functions or exercising their powers. You can request to see an ABC Inspector's identity card to confirm their identity.
What are their powers?
Powers to enter premises
An ABC Inspector may enter premises to investigate compliance by a building industry participant with:
- workplace laws including the Building and Construction Industry Improvement Act 2005 (BCII Act), the Fair Work Act 2009 (FW Act) and the Independent Contractors Act 2006 (IC Act)
- Commonwealth industrial instruments including awards, transitional awards, collective agreements or pre-WorkChoices certified agreements and the National Employment Standards
- court orders and orders of Fair Work Australia (FWA)
ABC Inspectors also have a contractual right of entry for projects covered by the National Code of Practice. See the ABCC’s National Code fact sheets for more information.
Also see the 'Do you fall under the jurisdiction of the ABCC?' fact sheet on the ABCC website for the definition of a building industry participant.
When can ABC Inspectors enter premises?
An ABC Inspector may enter premises during ordinary working hours or, if necessary, at any other time.
What does an ABC Inspector have to do when entering premises?
An ABC Inspector must inform the occupier they are authorised to enter the premises and show their identity card.
What sort of premises can ABC Inspectors enter?
An ABC Inspector may enter any premises where the ABCC Inspector believes:
- building work is being, or has been, carried out that is covered by a Commonwealth industrial instrument
- a breach of the BCII Act, the FW Act, the IC Act, a Commonwealth industrial instrument, a court order or order of FWA, is occurring, or is likely to occur
there are documents relevant to any matter the ABCC Inspector is empowered to investigate.
An ABC Inspector may enter business premises where the inspector believes there is a person working with information relevant to a matter that the inspector is empowered to investigate.
An ABC Inspector cannot enter a part of premises that is used for residential purposes.
What can an ABC Inspector do on the premises?
An ABC Inspector may:
- interview any person on the premises
- request a person to produce a document
- inspect and make copies of any documents
- inspect any work, material, machinery, appliance, article, or facility
- take samples of any goods or substances.
Do I have to accompany an ABC Inspector when they are on the premises?
You are allowed to accompany an ABC Inspector while the inspector is on your premises. There is, however, no legal requirement to do so.
Production of Documents
When and where do I have to produce documents?
Documents that are at the premises must be produced as requested by an ABC Inspector. The inspector may request the documents immediately or request they be produced within a specified time.
Documents that you have custody of or access to that are not on the premises must be produced within a specified time.
If you ignore a request for documents, an ABC Inspector can serve a written notice instructing you to produce the documents at a specified place within a period of not less than 14 days.
What can an ABC Inspector do with the documents?
An ABC Inspector can inspect and make copies of documents produced.
An ABC Inspector can retain the documents and keep them for as long as is necessary for their inquiries. You are entitled to inspect and make copies of your documents while they are being kept by the ABC Inspector. The ABC Inspector will give you a receipt if the documents are required to be kept.
Offences
What happens if I don’t do what an ABC Inspector requires?
There is no specific sanction for refusing the request of an ABC Inspector. However, you may be committing one of the following offences, which carry serious penalties:
- Refusing or unduly delaying entry to the premises by an ABC Inspector.
Maximum penalty of up to $110,000
- Obstructing, hindering, intimidating or resisting an ABC Inspector.
Maximum penalty of up to $13,200 and/or imprisonment for 2 years.
- Knowingly misleading an ABC Inspector or providing false information, including false or misleading documents.
- Maximum penalty of up to $6600 and/or imprisonment for 12 months.
In addition to these offences, it is unlawful industrial action if a work stoppage occurs in protest to the presence of ABC Inspectors on site.
For more information, refer to the fact sheet ‘Unlawful Industrial Action in the Building and Construction Industry’.
Details of ABCC field officers powers under the FW Act are available on the ‘Powers of ABCC field officers under the Fair Work Act 2009’ fact sheet.
Further information
Fact sheets and other reference materials is available from the ABCC:
ABCC Website: www.abcc.gov.au
ABCC Hotline: 1800 003 338