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Fact Sheets

Workplace relations laws are changing

From 1 July 2009, there will be a new workplace relations system in Australia. The Workplace Relations Act 1996 will be replaced by the Fair Work Act 2009.

If you work in the building and construction industry and want to stay up to date with workplace relations changes, the ABCC can help.

  • After the changes, the ABCC’s website www.abcc.gov.au will feature useful information about the new workplace laws.
  • Register to receive the ABCC’s e-Alerts and Industry Update newsletters by sending your email address to register@abcc.gov.au.
  • An ABCC advisor can visit your site or workplace and present on what the changes mean for you. Call 1800 003 338 to arrange a presentation.

On 17 July 2009 the Building and Construction Industry Improvement Amendment (Transition to Fair Work Australia) Bill 2009 was introduced to Parliament. The purpose of the Bill is to establish the Building Industry Inspectorate in Fair Work Australia, the body to replace the ABCC on 1 February 2010. The Building and Construction Industry Improvement Act 2005 will remain fully operational onwards of 1 July 2009.

For more information about Australia's new workplace relations system see the Fact Sheets published by the Department of Education, Employment and Workplace Relations:  DEEWR 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 154KB]

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

The National Code and Guidelines Fact Sheets
The Guidelines are currently under review. For further information see www.workplace.gov.au

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

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

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

Rights and Responsibilities of Subcontractors

[PDF 96KB]

Outlines subcontractors workplace rights and responsibilities

 

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

Enterprise Agreements

[PDF 108KB]

Summarises the different types of enterprise agreements available under the Fair Work Act 2009 and how they can be made

Termination of Employment

[PDF 101KB]

Defines unfair dismissal and unlawful termination

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