The Office of the Australian Building and Construction Commissioner (ABCC) has released the eighth report on the use of its compliance powers.
The report shows the ABCC conducted 21 compliance examinations in the six months to 31 March 2010.
All but one of the hearings took place in the building industry’s industrial relations hotspots of Victoria and Western Australia. One examination was conducted in Tasmania.
The ABCC has conducted 197 compulsory examinations since it commenced operating on 1 October 2005. Of these, 114, or 58 per cent, have been conducted in Victoria. In the other states, 50 examinations have been conducted in Western Australia, 19 in Queensland, seven in Tasmania, four in NSW and three in SA.
The proportion of examinations carried out in each state has remained relatively consistent since 2005, however, the proportion of examinees in each classification has shifted.
Examinee Classifications
As of 31 December 2006 union officials and employees accounted for 95 per cent of all examinees. This figure has steadily decreased since, with the latest report showing officials and employees now comprise 74 per cent of examinees. Over the same period, the percentage of examinees who are managers has increased from roughly five per cent on 31 December 2006, to 25 per cent in 2010.
While the majority of examinees are employees, it is important to note that only eight per cent of proceedings commenced by the ABCC involve employees as respondents.
Prosecutions
The report states that six court matters filed between 1 October 2009 and 31 March 2010 drew on evidence from compliance examinations. This illustrates the role of the powers in enabling the ABCC to enforce building and construction industry laws.
Compliance powers enable the ABC Commissioner or a Deputy Commissioner to compel witnesses to attend examinations to give evidence, provide information or produce documents. They are only used as a last resort and include protections against self-incrimination.
The ABCC reports regularly on the use of the compliance powers. All reports on the exercise of compliance powers by the ABCC are available from the
ABCC website.
Related documents:
Fact Sheet: Compliance Powers of the Australian Building and Construction Commissioner