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 |