Building subcontractors must comply with obligations under the Building and Construction Industry Improvement Act 2005 (BCII Act). This fact sheet is a guide for subcontractors to ensure that these obligations are met and penalties are avoided.
You must not engage in unlawful industrial action.
You must not coerce a building employee or building employer to nominate a particular superannuation fund.
You must not take action to coerce someone to hire or not hire, assign duties or not assign duties to, a building employee or building contractor.
You must not coerce someone to make, change, end or extend a building agreement under the Workplace Relations Act 1996 (WR Act).
You must not coerce your employee to withdraw, or not to make at all, a request for union representation during negotiations for an employer-employee agreement.
You must not discriminate against someone because that person’s building employees are, or are proposed to be, covered, or not covered, by a particular industrial instrument.
PENALTY: Up to $22,000 for an individual, or up to $110,000 for a body corporate.
You must not pay employees for any period they are on strike. For more information relating to payments during periods of unlawful industrial action, please refer to the ABCC’s ‘Strike Pay’ fact sheet.
PENALTY: Up to $33,000 for an individual, or up to $110,000 for a body corporate.
You must notify the ABC Commissioner of the details of any court applications under the BCII Act or the WR Act or section 34 of the Independent Contractors Act 2006 and of the outcome.
PENALTY: Up to $550 for an individual, or up to $2,750 for a body corporate.
Freedom of association protections enshrine a right for employees and contractors to choose to join or not to join a union or industrial association.
You must not discriminate against or victimise an employee or contractor because they are or are not members or officers of a union or industrial association.
You must not coerce or pressure an employee or contractor to join, not to join or to cease being a member of a union or industrial association.
PENALTY: Up to $6,600 for an individual, or up to $33,000 for a body corporate.
You must attend an examination at the ABCC if you are served with a section 52 notice.
You must provide information or documents to the ABCC pursuant to a section 52 notice served on you.
You must swear an oath or make an affirmation at the examination.
You must answer questions you are directed to answer at an examination.
PENALTY: 6 months imprisonment.
You must not give false or misleading information or documents to the ABCC.
PENALTY: Imprisonment for 12 months.
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Your Responsibilities as a Subcontractor fact sheet (PDF 96KB)
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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