On this page you will find information about industry issues and legislation that affects unions and union members.
Unions play an important role in the building and construction industry. As such, it is imperative that unions and their officials comply with relevant legislation to ensure that building work is carried out fairly, efficiently and productively for the benefit of all building industry participants and the Australian economy as a whole.
What are your responsibilities?
As a union official, it is important that you abide by workplace relations laws in place on building sites and construction projects. There are a number of key areas you should be aware of in order to conduct on building and construction sites is lawful.
Unlawful Industrial Action
Unlawful industrial action is generally action taken by employees or employers in the building industry that interrupts or restricts normal work. This may take the form of strikes, bans, and limitations on the performance of work. Severe penalties may be imposed on unions who are found by a court to have participated in unlawful industrial action. For more information please read our fact sheet Unlawful Industrial Action Under the BCII Act available on our Fact Sheets page.
Coercion, discrimination and intimidation
Coercion is the act of applying pressure to force a party to make a particular decision or take particular action. Coercion interferes with a party’s freedom of choice and can result in civil penalties being imposed under the Building and Construction Industry Improvement Act 2005 (BCII Act).
You must not:
- coerce someone to enter, change, end, or prolong a workplace agreement.
- coerce someone to engage or not to engage a particular building contractor.
- coerce someone to employ, or not employ a person as a building employee.
- coerce someone to allocate, or not allocate, particular responsibilities to a building employee or building contractor.
- coerce a building employee to nominate, or a building employer to contribute to a particular superannuation fund.
- discriminate against a contractor because the contractor’s employees are covered or not covered by a particular kind of workplace agreement.
Unions engaging in action, or making threats, with intent to coerce another face penalties of up to $110,000 under the BCII Act.
Freedom of Association
In Australia, every employee is free to join, or not to join, a union. It is illegal to try to force anyone into joining or not joining a union. Equally, if an employee wants to join a union, it is illegal for any employer to try to stop them. It is also illegal for employers to discriminate against union members. Unions cannot take, or threaten to take, industrial action to force an employer into employing only union members.
Right of Entry
Union officials do not have an automatic right to enter workplaces. If you wish to enter a premises you must:
- hold a valid federal permit
- provide at least 24 hours written notice of entry on a certain day unless entering under State Occupational Health and Safety law*
- where entering to investigate a suspected breach, provide details of that breach on the notice
only visit during working hours and hold discussions during meal times or other breaks - show your permit and notice of entry on request.
A union permit holder will be allowed right of entry for OHS purposes under state and territory legislation. Entry for this purpose is allowed where the union official has a federal right of entry permit, enters during working hours and has complied with all requirements of the relevant state and territory OHS legislation.
Once you have entered a site, there are some legal restrictions that determine what you can and can’t do. It is your responsibility to ensure that you are aware of what those restrictions are and how they affect your powers to enter or inspect construction sites.
There is no right of entry:
- to investigate a breach of an Australian Workplace Agreement (AWA) unless the union receives a written request from the relevant employee
- for discussion purposes where all employees at the workplace are on AWAs
- for discussion purposes at a workplace covered by a non-union collective agreement.
The ABCC has developed a Right of Entry poster (PDF 131KB) that details your rights and responsibilities regarding right of entry on sites.
For further information please see our Right of Entry - Federal Union Officials fact sheet.
Strike Pay
Under the Workplace Relations Act 1996 (WR Act) it is illegal for unions and their members to make claims for pay for any period of industrial action, or to take or threaten further industrial action to try to obtain such pay. Unions who demand strike pay may incur a penalty of up to $110,000. This prohibition applies even if the industrial action is protected action.
Notably, there are two situations in which the prohibition on payment will not apply to your members. For further information please read our fact sheet Unlawful Industrial Action Under the BCII Act available on our Fact Sheets page.
Notifications to the Australian Building and Construction Commissioner
Building industry participants must notify the ABC Commissioner, as soon as practicable, when they make or are otherwise involved in an application made to a court under the BCII Act, section 34 of the Independent Contractors Act 2006, or WR Act. If you fail to notify the ABCC you are liable for a penalty of:
- up to $2750 if you are a body corporate.
- up to $550 in any other case.
Notifications to the ABCC should be faxed to: 03) 8509 3023. Enquiries should be directed to Eugene Quigley - Advocate, ABCC on: 03) 8509 3011. For more information please visit our Notifications to the ABCC page.
*Whilst 24 hours written notice is not required if entry is under OHS law, 24 hours written notice must be provided for inspection of employment records.
The ABCC has created a number of fact sheets that offer specific information and legislative advice. Please contact us if you require further information that is not available on this website.