The Australian Building and Construction Commissioner (ABC Commissioner) has a right to intervene in cases that involve building industry participants.
AIRC Cases
The ABC Commissioner has a right to intervene in any Australian Industrial Relations Commission (AIRC) case that involves:
- a building industry participant, and
- building and construction work.
Court Cases
The ABC Commissioner has a right to intervene in the public interest in a civil case before a court which arises under the Building and Construction Industry Improvement Act 2005 (BCII Act), the Workplace Relations Act 1996 (WR Act) or the Independent Contractors Act 2006 (IC Act) that involves:
- a building industry participant, and
- building and construction work.
Why have the power to intervene?
The ABC Commissioner generally intervenes to ensure that the parties, the AIRC and the courts are aware of the impact of relevant federal legislation on the case. For example, this could involve submissions that the matter being heard involves a contravention of the legislation.
The ABC Commissioner may also argue that the AIRC or court should make a particular order, such as an order that workers on strike return to work.
What can a building industry participant do?
A building industry participant may wish to have the ABC Commissioner intervene in a case before the AIRC. Participants are encouraged to contact the Office of the Australian Building and Construction Commissioner (ABCC) in such cases. The ABCC would seek details of the case and the ABC Commissioner would then decide whether to intervene or not.
Also, the ABC Commissioner has the right to intervene without being asked to do so.
In court cases relating to building work, a participant must notify the ABC Commissioner when they apply to the court pursuant to a section of the BCII Act, the WR Act or the IC Act. The obligation to notify the ABC Commissioner also arises if a participant is involved in a case where the application is made by another party.
Penalties apply to participants who fail to notify the ABC Commissioner of court proceedings.
What is the purpose of the intervention power?
The ABC Commissioner will use the power to intervene as one means of achieving improved standards of conduct in the building and construction industry. This will require a change in the culture of the industry. A change to a culture that respects the rule of law.
Participants are encouraged to contact the ABCC to ask for support if they are involved in AIRC or court cases.
You can download a printable version of this fact sheet here: Power to Intervene in Cases (PDF - 94KB)
The information contained in this fact sheet is correct as at 26 February 2008.
This material is for general information only. You should seek legal advice in relation to your particular circumstances. The Australian Government, its employees and agents do not accept any liability for action taken in reliance on this document and disclaim all liability arising from any error or omission. ABN 68 003 725 098
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