In court cases relating to building work, it is compulsory for building industry participants to notify the ABC Commissioner of an application made to a court under the Building and Construction Industry Improvement Act (BCII Act), the Workplace Relations Act (WR Act) and section 34 of the Independent Contractors Act 2006 (IC Act). This includes cases where the application is made by another party.
You must notify the ABCC of an application as soon as practicable.
Notice should be given via a facsimile to our Notifications line on 03 8509 3023.
The notice must include the following:
(a) the parties to the action
(b) contact details for each of the parties
(c) the Act, and provision, under which the application has been made
(d) the jurisdiction in which the application has been made
Notifying the ABC Commissioner of the outcome of an application
A building industry participant must also notify the ABC Commissioner of the outcome of any application to a court under the BCII Act, the WR Act or section 34 of the IC Act made by, or otherwise involving the building industry participant where the proceedings relate to building work. This notice must be given to the ABCC as soon as practicable. The preferred method of notification is through the Notifications Fax 03 8509 3023.
This notice must include the following information:
(a) the parties to the action
(b) contact details for the parties
(c) the jurisdiction in which the application was made
(d) the outcome of the application
Failure to Notify
Building industry participants who fail to notify the ABCC of a court application or outcome are liable for a penalty of:
• $2750 if you are a body corporate
• $550 in any other case
Notifying the ABCC of matters in the AIRC
The Industrial Registrar must, as soon as is practicable, notify the ABC Commissioner of all applications lodged with the AIRC or Industrial Registrar under the WR Act that involve building industry participants or building work, and advise the outcome of such applications.
Contacting the ABCC
Notifications to the ABCC should be faxed to our Notifications Fax: (03) 8509 3023.
Notification enquiries should be directed to the ABCC Advocate, Eugene Quigley (03) 8509 3008 or the ABCC Hotline 1800 003 338