Nigel Hadgkiss was appointed to the role of Director of the Office of the Fair Work Building Industry Inspectorate for a period of five years on 16 October 2013 by the then Minister for Employment. His appointment took effect on 21 October 2013.
By reason of item 4 of Schedule 2 of the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016, after the commencement of the BCIIP Act on 2 December 2016, Mr Hadgkiss was appointed as the ABCC Commissioner for the remainder of the period for which he was appointed as the Director of the Office of the Fair Work Building Industry Inspectorate.
The functions of the Commissioner are set out in section 16 of the BCIIP Act and include:
a) monitoring and promoting appropriate standards of conduct by building industry participants;
b) investigating suspected contraventions, by building industry participants, of the BCIIP Act, designated building laws and the Building Code;
c) ensuring building employers and building contractors comply with their obligations under the BCIIP Act, designated building laws and the Building Code;
d) instituting, or intervening in, proceedings in accordance with the BCIIP Act;
e) providing assistance and advice to building industry participants regarding their rights and obligations under the BCIIP Act, designated building laws and the Building Code;
f) providing representation to a building industry participant who is, or might become, a party to a proceeding under the BCIIP Act, a designated building law or the Building Code, if the Commissioner considers that providing the representation would promote the enforcement of the BCIIP Act, the law or the Code; and
g) disseminating information about the BCIIP Act, designated building laws and the Building Code, and about other matters affecting building industry participants, including disseminating information by facilitating ongoing discussions with building industry participants.
Senior Executive Service (SES)
The 2016–17 financial year was a transitional year for the ABCC's senior executive. A restructure of the agency saw SES numbers and classifications reduced from the structure that had previously been in place. At the close of the 2016–17 financial year, the Commissioner was supported by seven SES officers.
Members of the SES by classification
- Regional Manager Northern: Piet Hooker (SES Band 1)
- Regional Manager Eastern: Peter Darlaston (SES Band 1)
- Regional Manager Southern: Murray Gregor (SES Band 1)
- Regional Manager Western: Cliff Pettit (SES Band 1)
- National Manager Building Code: Cathy Cato (SES Band 1)
- Chief Operating Officer: Jill Jepson (SES Band 1)
- General Counsel: Shamim Saeedi (SES Band 1)
The ABCC has a regional structure in place, with four Regional Managers overseeing operational and legal activities across the country. At the close of the 2016–17 reporting period, the regional structure was supported by the Office of the Commissioner, along with three central groups led by SES officers: the Corporate Services Group, the Building Code Group, and the Office of the General Counsel. Figure 1 shows the organisational structure as a diagram.
Office of the Commissioner
Reporting directly to the Commissioner, the Office of the Commissioner is responsible for a variety of agency functions including media and stakeholder engagement, digital and communications, strategic planning, corporate governance and reporting, parliamentary support, professional standards and internal audit.
Each region is represented by a multidisciplinary group with carriage of all agency matters, from proactive compliance and investigations through to legal proceedings, as well as local stakeholder engagement and education. The regional structure provides for a single line of accountability for all activities, ensuring that key decisions are made at the earliest opportunity and that staff members are adequately supported to achieve optimal results at all stages of the case lifecycle.
The Northern Region comprises Queensland and is led by Piet Hooker.
The Eastern Region comprises New South Wales and the Australian Capital Territory and is led by Peter Darlaston.
The Southern Region comprises Victoria and Tasmania and is led by Murray Gregor.
The Western Region comprises Western Australia, South Australia and the Northern Territory and is led by Cliff Pettit.
Building Code Group
Led by the National Manager Building Code, Cathy Cato, the Building Code Group is responsible for the strategy and administration of the Building Code 2013 and the 2016 Code. The group has five core functions:
- Overseeing the strategic management of internal Building Code operations, including audit planning, and training ABCC investigators to conduct compliance activities.
- Providing internal and external advice on Building Code compliance, including appropriateness of rectifications and sanctions.
- Assessing enterprise agreements for compliance with the 2016 Code.
- Monitoring the compliance of government agencies engaging contractors to undertake Commonwealth funded building work with the 2016 Code, including the approval of tenderers' Workplace Relations Management Plans.
- Developing education materials for internal and external stakeholders on the Building Codes.
Corporate Services Group
In March 2017, Jill Jepson commenced as Chief Operating Officer, Chief Financial Officer, and the leader of the Corporate Services Group. The Corporate Services Group supports the ABCC through the delivery of human resources, information technology, planning and performance, finance, and business support services.
The Human Resources Team manages workforce planning, recruitment and induction, learning and development, performance management, and employee health and wellbeing.
The Finance Team provides financial governance and monthly and annual reporting, monitors procurement, and manages the agency's budget.
The Information Technology Team ensures that the ABCC has the systems and tools in place to support the agency's business.
The Planning and Performance Team is responsible for the development and maintenance of the agency's case management system, the identification of building and construction worksites that fall within the ABCC's jurisdiction, and the production of reports on agency performance that support continuous improvement in the agency's strategic decision-making.
The Business Services Team provides records management, fleet management, accommodation and security services.
The ABCC is committed to delivering quality corporate services in the most efficient manner possible. To facilitate this delivery, the agency has in place a number of arrangements with larger agencies for the provision of specialist services. Information Technology infrastructure and services are provided by the Department of Employment through a memorandum of understanding and fee for service arrangement. Payroll and other finance services are provided by the FWO through a memorandum of understanding.
Office of the General Counsel
Under the direction of General Counsel Shamim Saeedi, the legal functions of the regional structure are supported by the Office of the General Counsel, which provides practice management, professional leadership and high level technical advice. The Office of the General Counsel empowers a 'community of legal practice' promoting professional mentoring, guidance and development throughout the ABCC.