The ABCC is responsible for enforcing the following Commonwealth Acts and Regulations in relation to the building and construction industry:
Building and Construction Industry Improvement Act 2005
Fair Work Act 2009
Independent Contractors Act 2006
These cover, but are not limited to:
- unlawful industrial action
- freedom of association
- coercion in agreement making
- right of entry
- strike pay
- sham contracting
- superannuation funds.
Please refer to our fact sheets for specific information on how the acts apply to the building and construction industry.
State Legislation
As of 4 November 2010, all states apart from Western Australia have referred their industrial relations powers to the Commonwealth. This means that the Fair Work Act 2009 now applies to all employers and employees in the referring states. The Commonwealth Constitution ensures that a Commonwealth law takes precedence over a state law to the extent that they are inconsistent. As a result, the Fair Work Act 2009 overrides some state industrial legislation which formerly used to apply to employers and employees.
In addition to the BCII Act, FW Act and IC Act, each state has its own industrial relations legislation. You can view the relevant legislation for your state below.
New South Wales
Victoria
Queensland
Western Australia
South Australia
Tasmania
Australian Capital Territory
Northern Territory