Appendix 1: FWBI Act annual report requirements

Section 14 of the Fair Work (Building Industry) Act 2012 (FWBI Act) stipulates that mandatory information be included in the FWBC Annual Report. The requirements that have not been addressed in the body of this annual report are detailed below.

Section 14(2)(a)

Details of directions given by the Minister under section 11 or 12

In the period of this report no directions were given by the Minister under section 11 or 12 of the FWBI Act.

Section 14(2)(b)

Details of delegations by the Director under section 13

In the period of this report, on 14 October 2015, the Director delegated his powers and functions under section 13 of the FWBI Act. The detailed list of the delegations made is set out below.

Table of functions and powers
No. Function and/or Power Delegate(s)

1

Monitor compliance with designated building laws and the Building Code by building industry participants in accordance with paragraph 10(b) of the FWBI Act.

Fair Work Building Industry Inspectors

General Manager – Building Code

2

Inquire into, and investigate, any act or practice by a building industry participant that may be contrary to a designated building law, a safety-net contractual entitlement or the Building Code, in accordance with paragraph 10(c) of the FWBI Act.

Fair Work Building Industry Inspectors

3

Notify the Commonwealth Ombudsman that an examination notice has been issued and provide the copies as required by section 49 of the FWBI Act.

Chief Counsel

General Manager – Legal (Central/West)

General Manager – Legal (Eastern)

4

Give an examination notice to the person in relation to whom it is issued in accordance with subsection 50(1) of the FWBI Act.

All members of staff of the Office

5

If a notice under subsection 50(3) or 50(4) of the FWBI Act is given to a person, give a copy of that notice to the Commonwealth Ombudsman in accordance with subsection 50(7) of the FWBI Act.

Chief Counsel

General Manager – Legal (Central/West)

General Manager – Legal (Eastern)

6

Conduct an examination of a person in accordance with subsection 51(2) of the FWBI Act.

Chief Counsel

General Manager – Legal (Central/West)

General Manager – Legal (Eastern)

7

Require information or answers given by a person at an examination to be verified by, or given on, oath or affirmation, either orally or in writing and, for this purpose, administer the oath or affirmation in accordance with subsection 51(4) of the FWBI Act.

Chief Counsel

General Manager – Legal (Central/West)

General Manager – Legal (Eastern)

8

Give the Commonwealth Ombudsman a report, video recording and transcript of an examination of a person in accordance with subsection 54A(1) of the FWBI Act.

Chief Counsel

General Manager – Legal (Central/West)

General Manager – Legal (Eastern)

9

Take possession of a document produced under an examination notice and keep it for as long as is necessary for the purposes of conducting the investigation to which the document is relevant in accordance with subsection 55(1) of the FWBI Act.

Fair Work Building Industry Inspectors

Members of staff of the Office

10

In the circumstances set out in subsection 55(4) of the FWBI Act, permit a person otherwise entitled to possession of a document (or a person authorised by that person) to inspect and make copies of all or part of the document.

Chief Counsel

General Manager – Legal (Central/West)

General Manager – Legal (Eastern)

Executive Manager – Operations

11

Make and keep copies of all or part of any documents produced under an examination notice in accordance with section 56 of the FWBI Act.

Members of staff of the Office

Disclosure of information

12

Disclose, or authorise the disclosure, of information in accordance with subsection 64(2)(a) the FWBI Act.

All members of staff of the Office

13

Disclose or authorise the disclosure of information in accordance with subsection 64(2)(b) the FWBI Act.

Chief Counsel

Executive Manager – Operations

General Manager – Building Code

Fair Work Building Industry Inspectors engaged as Senior Executive Level Band 1 or Executive Level 2 employees

14

Disclose or authorise the disclosure of information to the Minister in accordance with subsection 64(3) of the FWBI Act.

Chief Counsel

Executive Manager – Operations

General Manager – Building Code

15

Disclose or authorise the disclosure of information to the Secretary of the Department, an SES employee, or an APS employee in the Department, in accordance with subsection 64(4) of the FWBI Act.

Members of staff of the Office engaged as Senior Executive Level Band 1 or 2 employees

Members of staff of the Office engaged as Executive Level 2 employees

Senior Advisor – Office of the Director

16

Disclose or authorise the disclosure of information to the Advisory Board in accordance with subsection 64(5) of the FWBI Act.

Chief Counsel

Executive Manager – Operations

General Manager – Building Code

Submissions

17

Make submissions on a matter before the Fair Work Commission in accordance with section 72 of the FWBI Act.

Chief Counsel

Consultants and assistants

18

Determine that a person may accompany a Fair Work Building Industry Inspector onto premises to assist the Fair Work Building Industry Inspector in accordance with subsection 710(1) of the FW Act.

Executive Manager – Operations

General Manager – Building Code

General Manager – Operations (Central/West)

General Manager – Operations (Eastern)

Fair Work Building Industry Inspectors engaged as Executive Level 2 employees

19

On behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to the Director in accordance with section 26M of the FWBI Act.

Chief Counsel

Executive Manager – Operations

20

In accordance with section 26M of the FWBI Act, determine in writing the terms and conditions of a person engaged under section 26M of the FWBI Act.

Chief Counsel

Executive Manager – Operations

Section 14(2)(c)

Details of recommendations made to the Director by the Advisory Board

In the period of this report no recommendations were made to the Director by the Advisory Board. See page 56 for further details on the Advisory Board.