During 2011-12, the ABCC received 1913 enquiries. Table 2.1 shows the majority of enquiries were received via the ABCC hotline.

Issues raised by enquiries

Table 2.2 shows a breakdown of the issues that were raised through enquiries to 31 May 2012. The most common enquiry was about wages and entitlements. This reflects the agency’s increased focus on the recovery of unpaid wages and entitlements for workers in the building and construction industry. The ABCC received 348 wages and entitlements enquiries, followed by 317 enquiries about the National Code.

Responding to enquiries

In 2011-12, the ABCC responded to 94 per cent of enquiries within one working day.

The ABCC resolved 88 per cent of enquiries within three working days. 137

NOTE: * WAGES AND ENTITLEMENTS INCLUDES THREE CATEGORIES:

1 ABCC WAGES AND ENTITLEMENTS
(BUILDING INDUSTRY BASED RELEVANT TO ABCC)

2 NON ABCC WAGES AND ENTITLEMENTS
(BUILDING INDUSTRY BASED BUT NOT RELEVANT TO ABCC)

3 WAGES AND ENTITLEMENTS (PRIOR TO OCTOBER 2010 THIS CATEGORY WAS USED TO RECORD ANY ENQUIRY REGARDING WAGES AND ENTITLEMENTS IRRESPECTIVE OF INDUSTRY – THIS CATEGORY IS NOT USED TO RECORD ENQUIRIES WITH NO INVOLVEMENT IN THE BUILDING INDUSTRY)

TABLE 2.3 ENQUIRY OUTCOMES

Enquiry outcome

Number

Other

21

Information provided

1106

Initiated targeted audit

3

Internal referral Code to Field Operations

4

Internal referral Field Operations to Code

3

Referred to other Agency

32

Referred to Federal Agency

174

Referred to State Agency

206

Unable to provide assistance

37

Upgrade to investigation

295

Upgrade to preliminary investigation

32

Total

1913

Activities generated by enquiries

Table 2.3 sets out the outcome of enquiries the ABCC received. Seventeen per cent of enquiries led to an investigation. In 57 per cent of cases, the ABCC provided information and the ABCC referred 21 per cent of enquiries to other agencies.

Referrals to other agencies

Enquiries that were beyond the ABCC’s jurisdiction were referred to appropriate agencies as formal or informal referrals, depending on whether an investigation had commenced.

Table 2.4 sets out details of the informal referrals the ABCC made in 2011-12. The ABCC informally referred 410 enquiries to other federal and state agencies in 2011-12 where the issue was outside of the ABCC’s jurisdiction and no investigation had commenced. The majority of these were referred to state domestic building authorities.

The ABCC made 18 formal referrals where a matter had been investigated and a potential breach of legislation overseen by another agency was identified. Table 2.5 sets out details of the formal referrals the ABCC made in 2011-12. The majority were to the Australian Tax Office (ATO).

TABLE 2.4 INFORMAL REFERRALS TO 31 MAY 2012

Informal referrals

2011-12

State agencies: domestic building, licensing

149

DEEWR Code assessment and website

61

OHS agencies: safety, OHS training ‘red’ cards, etc.

13

Workplace agencies: wages, unlawful or unfair employment

5

Fair Work Ombudsman (FWO)

88

Long service leave

7

Subcontractors payment (subject to state laws), riggers, crane licensing

34

Australian Apprenticeships Referral Line

0

Employer associations

6

ATO

12

Other federal agency

0

Australian Securities and Investments Commission (ASIC)

0

Code Monitoring Group

1

Other

34

Total

410

TABLE 2.5 FORMAL REFERRALS TO 31 MAY 2012

Formal referrals

2011- 12

Referrals to the FWO

1

Referrals to State Police

0

RReferrals to the ATO regarding non-payment or underpayment of superannuation

11

Referrals to state OHS authorities regarding occupational health and safety issues

0

Referral to the NSW Office of Industrial Relations regarding sham contracting and underpayment of entitlements

0

Referral to NSW Department of Services, Technology and Administration regarding an alleged breach of the NSW Government Code of Practice for Procurement

0

Referral to Victoria Police regarding criminal activity

0

Referral to Workcover QLD regarding workers compensation claims

0

Referral to ACT Long Service Leave Authority

0

Referral to the Department of Immigration and Citizenship

5

Referral to ASIC regarding company placed in liquidation to avoid its wages and entitlements responsibilities to workers

1

Total

18