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Fact Sheets

This page contains a range of fact sheets to help you understand how relevant legislation is applied.

By selecting the fact sheet title, a new page will open. A print-friendly PDF version is also available for download by selecting the PDF link.

Independent Contractor Fact Sheets

Print Version

Am I an Independent Contractor?

[PDF 101KB]

Defines who is an independent contractor

Changes to State Law Under Independent Contractors Legislation

[PDF 101KB]

Outlines which state and territory laws the Federal independent contractors legislation have overridden

Role of the ABCC Under Independent Contractor Legislation

[PDF 95KB]

Explains how the ABCC enforces independent contractors legislation in the building and construction industry

Sham Contracts Arrangements

[PDF 94KB]

Defines a ‘sham contract’ and lists offences and penalties

Unfair Services Contracts

[PDF 98KB]

Defines an ‘unfair contract’ and explains how the ABCC can help have the contract set aside or changed

The National Code and Guidelines Fact Sheets

Print Version

Brochure - Six Workplace Relations Principles for Code Compliance

[PDF 87KB]

Summarises the six main principles Contractors must adopt in order to comply with the workplace relations elements of the Code

The National Code of Practice for the Construction Industry and Implementation Guidelines

[PDF 156KB]

Explains what the National Code and Implementation Guidelines are and features a checklist for head contractors to ascertain if they apply to a project

How do I know when the Code and Guidelines apply?

[PDF 158KB]

Identifies when the Code and Guidelines apply to a project and informs head contractors of their obligations

Workplace Arrangements

[PDF 160KB]

Explains what is required from workplace agreements to be compliant with the National Code

On-site practices - Freedom of Association and Right of Entry

[PDF 157KB]

Details freedom of association requirements for compliance with the National Code. Features a checklist to help head contractors assess if they meet these requirements

Dispute Settlement

[PDF 100KB]

Options for dispute settlement on a National Code site

Reporting Requirements

[PDF 154KB]

Outlines the reporting systems which must be implemented on a National Code site

Unacceptable Workplace Practices and Workplace Arrangements

[PDF 158KB]

Lists practices that are unacceptable under the National Code

Role of the ABCC in administering the Code

[PDF 158KB]

Explains the ABCC’s role in administering the National Code

Code and Guidelines Compliance for Head Contractors

[PDF 149KB]

Explains the responsibilities of Head Contractors in regards to compliance with the National Code and Guidelines
Code and Guidelines Compliance for Subcontractors

[PDF 148KB]

Explains the responsibilities of Subcontractors in regards to compliance with the National Code and Guidelines
Code and Guidelines Compliance for Private Work

[PDF 153KB]

Outlines circumstances when the National Code and Guidelines relate to private work
Code and Guidelines Compliance for Related Entities

[PDF 147KB]

Explains the responsibilities of Related Entities in regards to compliance with the National Code and Guidelines
Code and Guidelines Compliance for Project Managers

[PDF 112KB]

Explains the responsibilities of Project Managers in regards to compliance with the National Code and Guidelines

Rights and Responsibilities

Print Version

Unlawful Coercion

[PDF 157KB]

Defines unlawful coercion and lists offences as well as penalties

Freedom of Association in the Building and Construction Industry

[PDF 101KB]

Defines freedom of association and outlines prohibited conduct as well as penalties

Poster - Right of Entry for Workplace Relations Purposes

[PDF 131KB]

A three-step guide to right of entry for site owners

Card - Right of Entry

[PDF 82KB]

A pocket guide to right of entry on your site

Right of Entry - Federal Union Officials: What to do when visiting a site

[PDF 159KB]

Outlines union officials’ rights and obligations when visiting a site

Right of Entry Laws for OHS purposes - Queensland only

[PDF 159KB]

Clarifies what is permitted and required under Queensland’s right of entry laws

Right of Entry: What to do when a Union Official comes on your site

[PDF 158KB]

Outlines contractors' rights and obligations when a union official visits their site

Strike Pay in the Building and Construction Industry

[PDF 100KB]

Defines strike pay and lists offences as well as penalties

Unlawful Industrial Action in the Building and Construction Industry

[PDF 156KB]

Defines unlawful industrial action and lists offences as well as penalties

Your Responsibilities as a Subcontractor

[PDF 96KB]

Provides a guide for subcontractors to ensure they meet their obligations

Reforming the Industry

Print Version

Compliance Powers of the Australian Building and Construction Commissioner

[PDF 158KB]

Summarises the ABCC’s compliance powers enabling it to compel a person to attend an examination, provide information and/or produce documents

Definition of Building Work - Do you come within the jurisdiction of the ABCC?

[PDF 99KB]

Provides the definition of ‘building work’ under the BCII Act

Industry Reform under the BCII Act

[PDF 158KB]

Outlines what has changed in the building and construction industry as a result of the ABCC and BCII Act

Powers of ABCC Inspectors

[PDF 157KB]

Describes the powers of ABCC inspectors and explains site owners’ obligations when an ABCC inspector visits their site

Power to Intervene in Cases

[PDF 94KB]

Looks at the ABCC’s power to intervene in AIRC and Court cases that involve building industry participants

Protected Information
Defines protected information and in what situations it may be disclosed

[PDF 165KB]

The Issues in Focus series of fact sheets provide a more detailed look at some of the issues affecting the building and construction industry.

Print Version

Agreement Making

[PDF 166KB]

Outlines what agreements are and how they should be made

Notional Agreements Preserving State Awards

[PDF 100KB]

Outlines new arrangements for existing state awards

Prohibited Content in Workplace Agreements

[PDF 101KB]

Details certain terms and conditions which cannot be included in a workplace agreement and the penalties that apply

Termination of Employment

[PDF 101KB]

Defines unfair dismissal and unlawful termination

Types of Workplace Agreements

[PDF 93KB]

Summarises the different types of workplace agreements available under the Workplace Relations Act 1996

Union Membership

[PDF 98KB]

Provides guidance on how to resign from a union

Varying or Terminating an Agreement

[PDF 158KB]

Details how a workplace agreement may be varied to comply with the National Code and in what circumstances the agreement may be terminated

If you can't find the answer to your question here, or would like to request hard copies of our fact sheets, please do not hesitate to contact us on our hotline: 1800 003 338.

You can also write to us at:

Office of the Australian Building and Construction Commissioner
GPO Box 9927
Melbourne
VIC 3001