ANALYSIS OF INVESTIGATIONS

In 2011-12, the ABCC carried out 474 investigations into suspected breaches of workplaces laws in the building and construction industry.

Table 2.8 shows that the ABCC commenced 364 new investigations to 31 May 2012. The ABCC had 79 continuing investigations during the reporting period and finalised 389 cases.

Subject of investigation

Figure 2.1 sets out who the ABCC investigated to 31 May 2012. Subcontractors accounted for almost one-third of investigations and employers accounted for almost a quarter of investigations.

This was followed by union investigations at 22 per cent and head contractors at 10 per cent. An employee was the subject in seven per cent of investigations.

Types of contraventions investigated

During the reporting period, the ABCC investigated 1110 suspected contraventions of Commonwealth workplace laws.

Table 2.10 shows that 36 per cent of contraventions involved wages and entitlements. Twenty-one per cent of contraventions involved independent contractor legislation and 18 per cent involved unlawful industrial action.

TABLE 2.8 SUMMARY OF INVESTIGATIONS TO 31 MAY 2012

 

2011-12

Number of investigations

474

Reports subject to preliminary investigation

0

New investigations

364

Cases finalised

389

TABLE 2.9 STATE BREAKDOWN OF INVESTIGATIONS 1 JULY 2011 TO 31 MAY 2012

State

2011-12

ACT

70

NSW

118

VIC

96

QLD

88

WA

73

SA

12

TAS

1

NT

16

Total

474

TABLE 2.10 TYPES OF CONTRAVENTIONS INVESTIGATED TO 31 MAY 2012

Contravention

2011-12

Right of entry

55

Unlawful industrial action

197

Coercion

98

Sham contracting

228

Freedom of association

12

Strike pay

14

Breach of other Workplace Relations Act 1996 provisions

5

Breach of other FW Act provisions

68

Wages and entitlements

397

Other*

36

Sham contracting

228

Total

1110

NOTE: ‘OTHER’ INCLUDES CRIMINAL ACTIVITY AND BREACHES OF LAWS RELATING TO TAXATION, TRADE PRACTICES AND STATE INDUSTRIAL RELATIONS AND OCCUPATIONAL HEALTH AND SAFETY.

FIGURE 2.1 SUBJECT OF INVESTIGATION

TABLE 2.11 WAGES AND ENTITLEMENTS – ENQUIRIES AND OUTCOMES

State

Information provided

Initiated targeted audit

Referred to other agency

Referred to relevant federal agency

Referred to relevant state agency

Unable to provide assistance

Upgraded

Number of enquiries

NSW

20

0

1

2

2

0

44

69

VIC

48

0

1

2

1

0

16

68

QLD

22

2

0

2

0

0

23

49

WA

15

0

0

2

0

1

24

42

SA

12

0

0

0

0

0

7

19

TAS

0

0

0

0

0

0

1

1

ACT

5

0

0

0

0

1

6

12

NT

11

1

0

0

0

1

7

19

Total

133

2

2

8

3

3

128

279

 

 

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