List of tables

  • Table A1: Investigations open during the reporting period
  • Table A2: Approximate nominal internal cost in the reporting period of open investigations
  • Table A3: Assistance and advice provided to building industry participants in response to enquiries
  • Table A4: Outcome of audits
  • Table A5: Outcome of inspections
  • Table A6: Investigations where employers were a subject of the investigation
  • Table A7: Approximate internal cost where employers were a subject of the investigation
  • Table A8: Investigations where employers were a complainant in the investigation
  • Table A9: Approximate internal cost where employers were a complainant in the investigation
  • Table A10: Proceedings commenced by category of building industry participant and nominal internal legal costs
  • Table A11: ABCC interventions in the Federal Court and nominal internal legal costs, 2017–18
  • Table A12: ABCC appeals in the Federal Court, 2017–18
  • Table A13: ABCC interventions in Fair Work Commission proceedings, 2017–18
  • Table A14: Proceedings finalised, 2017–18
  • Table A15: Appeal decisions related to previously finalised matters, 2017–18
  • Table A16: Fair Work Commission proceedings in which the ABCC finalised its involvement, 2017–18
  • Table A17: Complaints received by main topic
  • Table A18: Delegations made under section 19 of the BCIIP Act

Introduction

Section 20 of the BCIIP Act requires the Australian Building and Construction Commissioner to prepare and give to the Minister a report on the performance of the Commissioner's functions and the exercise of the Commissioner's powers during the financial year (BCIIP Act Annual Report).

The BCIIP Act Annual Report must include details of the matters set out in sections 20(2) and 20(3) of the BCIIP Act.

This annual report sets out the activities undertaken by the ABCC in the 2017–18 financial year, i.e. 1 July 2017 to 30 June 2018 (the reporting period).

Under the BCIIP Act, the ABCC must also produce a quarterly report for each three-month period beginning 1 July, 1 October, 1 January and 1 April. Each of these quarterly reports must be prepared and given to the Minister as soon as practicable after the end of each quarter.

In order to facilitate the prompt presentation of these reports to the Minister, the ABCC begins preparing the reports immediately after the end of the reporting period. This means that, on occasion, additional data is recorded on activities undertaken in a reporting period after that quarter's report has been prepared.

Accordingly, the figures in this annual report may be different from those in the quarterly reports.

Methodology

Nominal internal costs provided in this report have been prepared using data from two case management systems.

Since 31 July 2017, the ABCC has used InCase, a case management system with a tailored activity based costing module. InCase provides a specific facility to record nominal time costing against agency investigations and proceedings.

Previously, the ABCC used Advice and Information Management System (AIMS), a legacy system carried over from Fair Work Building and Construction. Unlike the current case management system, the legacy system could provide for only approximate reporting of internal costs against investigations.

Performance of functions and exercise of powers

Matters investigated

In the reporting period, the ABCC had 176 open investigations.

Table A1 shows the number of investigations that were open by the main allegation being investigated. Table A2 shows the approximate internal cost of each of these investigations.

Table A1: Investigations open during the reporting period

Main allegation Number of investigations
Wages and entitlements 43
Right of entry 40
Coercion 35
Unlawful industrial action 29
Sham contracting 14
Freedom of association 13
Misrepresentation of workplace rights 2
Total 176

Table A2: Approximate nominal internal cost in the reporting period of open investigations

Ref Main allegation Cost
16679 Unlawful industrial action $6,854
24059 Sham contracting $5,564
27227 Wages and entitlements $117
27233 Wages and entitlements $5,620
27237 Unlawful industrial action $0
27240 Sham contracting $5,806
27241 Unlawful industrial action $168
27242 Unlawful industrial action $2,497
27243 Unlawful industrial action $288
27245 Right of entry $26,503
27246 Right of entry $24,402
27433 Coercion $464
27804 Unlawful industrial action $0
27812 Wages and entitlements $1,185
27813 Wages and entitlements $3,196
27814 Sham contracting $1,185
27818 Right of entry $34,797
27822 Coercion $369
27837 Coercion $2,854
27841 Wages and entitlements $2,456
27845 Wages and entitlements $63,009
27847 Right of entry $2,539
27849 Freedom of association $20,424
27855 Wages and entitlements $1,534
27859 Right of entry $16,352
27860 Wages and entitlements $41,277
27862 Unlawful industrial action $21,528
27864 Coercion $26,100
27867 Coercion $97
27868 Coercion $0
27869 Freedom of association $2,956
27870 Sham contracting $6,485
27872 Freedom of association $1,821
27879 Wages and entitlements $7,766
27883 Right of entry $7,800
27884 Unlawful industrial action $4,356
27887 Wages and entitlements $1,085
27888 Coercion $4,506
27890 Wages and entitlements $707
27892 Wages and entitlements $952
27894 Coercion $24,563
27897 Coercion $1,579
27903 Coercion $14,940
28780 Unlawful industrial action $0
28828 Right of entry $1,974
28829 Freedom of association $13,143
28842 Right of entry $2,490
28844 Coercion $9,375
28845 Coercion $19,155
28847 Coercion $4,270
28850 Right of entry $0
28856 Right of entry $45,551
28858 Coercion $5,118
28859 Coercion $5,481
28860 Unlawful industrial action $15,602
28861 Freedom of association $17,018
28970 Right of entry $922
28971 Right of entry $14,911
28972 Coercion $1,540
28973 Right of entry $13,585
28974 Unlawful industrial action $2,798
28975 Unlawful industrial action $1,509
29363 Wages and entitlements $611
29367 Wages and entitlements $1,061
29402 Right of entry $3,185
29673 Coercion $1,370
29952 Unlawful industrial action $16,128
29974 Wages and entitlements $9,927
30089 Unlawful industrial action $16,649
30128 Wages and entitlements $16,616
30238 Coercion $4,659
30405 Wages and entitlements $9,235
30437 Freedom of association $23,420
30463 Unlawful industrial action $28,732
30542 Sham contracting $9,715
30587 Coercion $2,635
30607 Wages and entitlements $2,594
30660 Coercion $4,871
30697 Sham contracting $491
30987 Wages and entitlements $3,345
31071 Wages and entitlements $377
31111 Right of entry $2,293
31278 Freedom of association $587
31393 Coercion $20,357
31596 Unlawful industrial action $1,124
31636 Wages and entitlements $548
31672 Coercion $2,128
31679 Sham contracting $2,241
31680 Wages and entitlements $1,492
31702 Coercion $676
31705 Wages and entitlements $6,217
31749 Coercion $22,681
31806 Wages and entitlements $5,829
31833 Wages and entitlements $8,660
31982 Unlawful industrial action $2,914
32188 Right of entry $6,075
32216 Right of entry $4,775
32222 Freedom of association $7,445
32338 Unlawful industrial action $13,937
32340 Coercion $1,312
32426 Wages and entitlements $3,245
32436 Wages and entitlements $10,418
32550 Coercion $510
32625 Right of entry $1,163
32732 Wages and entitlements $3,930
33029 Freedom of association $7,557
33119 Coercion $2,302
33205 Right of entry $4,565
33218 Coercion $643
33394 Wages and entitlements $430
33428 Wages and entitlements $1,092
33434 Right of entry $4,388
33474 Coercion $10,353
33478 Right of entry $0
33558 Unlawful industrial action $5,697
33566 Sham contracting $1,040
33586 Coercion $5,114
33621 Right of entry $1,650
33631 Freedom of association $3,189
33634 Coercion $634
33667 Unlawful industrial action $17,183
33783 Wages and entitlements $5,049
33858 Wages and entitlements $4,576
33885 Wages and entitlements $8,047
33972 Wages and entitlements $12,213
34015 Unlawful industrial action $6,092
34062 Wages and entitlements $0
34125 Unlawful industrial action $2,284
34144 Right of entry $10,459
34145 Wages and entitlements $3,454
34147 Misrepresentation of workplace rights $1,876
34151 Wages and entitlements $9,877
34160 Coercion $15,292
34187 Right of entry $63,160
34236 Coercion $739
34436 Wages and entitlements $830
34444 Unlawful industrial action $1,897
34455 Right of entry $10,560
34478 Wages and entitlements $4,099
34481 Sham contracting $3,776
34491 Right of entry $2,813
34575 Sham contracting $11,233
34673 Unlawful industrial action $573
34763 Freedom of association $2,548
34777 Right of entry $13,071
34848 Wages and entitlements $1,035
34857 Sham contracting $1,011
34942 Wages and entitlements $586
34967 Right of entry $2,257
35003 Right of entry $7,317
35007 Freedom of association $6,254
35018 Unlawful industrial action $232
35027 Unlawful industrial action $4,151
35034 Right of entry $3,598
35039 Right of entry $9,186
35083 Right of entry $3,835
35096 Right of entry $4,938
35100 Right of entry $7,549
35159 Wages and entitlements $751
35208 Wages and entitlements $1,572
35234 Right of entry $4,182
35243 Misrepresentation of workplace rights $4,356
35312 Unlawful industrial action $1,278
35320 Unlawful industrial action $2,591
35365 Sham contracting $1,228
35407 Right of entry $1,009
35410 Right of entry $1,556
35579 Right of entry $708
35620 Sham contracting $277
35624 Sham contracting $1,289
35627 Unlawful industrial action $1,359
35631 Coercion $616
35644 Freedom of association $528
35736 Right of entry $497
35745 Right of entry $20
35819 Coercion $484

Assistance and advice

In the reporting period, the ABCC provided assistance and advice by responding to 6,976 enquiries. Table A3 shows these enquiries by main topic and the category of the enquirer.

Table A3: Assistance and advice provided to building industry participants in response to enquiries

Main topic Building industry participant Member of the public Government Law enforcement agency Total
Code 4,485 155 231 0 4,871
Code assessment 2,333 33 61 0 2,427
General code information 1,174 41 67 0 1,282
Code advice 780 64 102 0 946
Security of payment—notification 52 0 1 0 53
Security of payment—enquiry 42 6 0 0 48
Notice of code breach 46 0 0 0 46
s 6b application 31 0 0 0 31
s 6a application 15 1 0 0 16
s 6a general advice 10 4 0 0 14
State code information 1 6 0 0 7
Agreements 1 0 0 0 1
Workplace laws—building work 829 31 58 2 920
Right of entry 280 5 28 2 315
Wages and entitlements 206 11 11 0 228
Unlawful industrial action 140 2 12 0 154
Coercion 87 6 1 0 94
Freedom of association 48 5 5 0 58
Sham contracting 50 2 1 0 53
Misrepresentation of workplace rights 9 0 0 0 9
Strike pay 6 0 0 0 6
Noncompliance with notices 3 0 0 0 3
Other laws 272 289 5 1 567
Agency information and activities 229 110 48 2 389
Not relevant to the building industry 39 80 1 0 120
Workplace laws—non-building work 86 22 1 0 109
Total 5,940 687 344 5 6,976

Code compliance

In the reporting period, the ABCC finalised 87 code audits and 193 code inspections. Table A4 shows the outcomes of all code audits finalised. Table A5 shows the outcomes of all code inspections finalised.

Potential issues were identified in 42 code audits, with contractors committed to rectification in each instance.

In the reporting period, 23 additional code audits were commenced but not finalised.

Table A4: Outcome of audits

Outcome of audit Total
No issues 45
Potential issues 42
Total 87

Table A5: Outcome of inspections

Outcome of inspection Total
No issues 160
Potential issues 33
Total 193

Matters investigated in relation to building employers

In the reporting period, the conduct of employers was the subject of investigation in 86 matters.3 Table A6 shows the breakdown of those investigations by the main allegation being investigated. Table A7 shows the approximate internal cost of each of these investigations.

Table A6: Investigations where employers were a subject of the investigation

Main allegation Number of investigations
Wages and entitlements 42
Sham contracting 14
Coercion 12
Freedom of association 9
Unlawful industrial action 4
Right of entry 4
Misrepresentation of workplace rights 1
Total 86

Table A7: Approximate internal cost where employers were a subject of the investigation

Ref Main allegation Cost
24059 Sham contracting $5,564
27227 Wages and entitlements $117
27233 Wages and entitlements $5,620
27240 Sham contracting $5,806
27812 Wages and entitlements $1,185
27813 Wages and entitlements $3,196
27814 Sham contracting $1,185
27818 Right of entry $34,797
27822 Coercion $369
27841 Wages and entitlements $2,456
27845 Wages and entitlements $63,009
27855 Wages and entitlements $1,534
27860 Wages and entitlements $41,277
27867 Coercion $97
27869 Freedom of association $2,956
27870 Sham contracting $6,485
27879 Wages and entitlements $7,766
27887 Wages and entitlements $1,085
27888 Coercion $4,506
27890 Wages and entitlements $707
27892 Wages and entitlements $952
27894 Coercion $24,563
28845 Coercion $19,155
28858 Coercion $5,118
28861 Freedom of association $17,018
29363 Wages and entitlements $611
29367 Wages and entitlements $1,061
29974 Wages and entitlements $9,927
30089 Unlawful industrial action $16,649
30128 Wages and entitlements $16,616
30405 Wages and entitlements $9,235
30437 Freedom of association $23,420
30542 Sham contracting $9,715
30607 Wages and entitlements $2,594
30660 Coercion $4,871
30697 Sham contracting $491
30987 Wages and entitlements $3,345
31071 Wages and entitlements $377
31278 Freedom of association $587
31636 Wages and entitlements $548
31672 Coercion $2,128
31679 Sham contracting $2,241
31680 Wages and entitlements $1,492
31705 Wages and entitlements $6,217
31749 Coercion $22,681
31806 Wages and entitlements $5,829
31833 Wages and entitlements $8,660
32222 Freedom of association $7,445
32426 Wages and entitlements $3,245
32436 Wages and entitlements $10,418
32732 Wages and entitlements $3,930
33029 Freedom of association $7,557
33119 Coercion $2,302
33394 Wages and entitlements $430
33428 Wages and entitlements $1,092
33474 Coercion $10,353
33566 Sham contracting $1,040
33631 Freedom of association $3,189
33634 Coercion $634
33667 Unlawful industrial action $17,183
33783 Wages and entitlements $5,049
33858 Wages and entitlements $4,576
33885 Wages and entitlements $8,047
33972 Wages and entitlements $12,213
34015 Unlawful industrial action $6,092
34062 Wages and entitlements $0
34144 Right of entry $10,459
34145 Wages and entitlements $3,454
34147 Misrepresentation of workplace rights $1,876
34151 Wages and entitlements $9,877
34436 Wages and entitlements $830
34481 Sham contracting $3,776
34575 Sham contracting $11,233
34673 Unlawful industrial action $573
34763 Freedom of association $2,548
34848 Wages and entitlements $1,035
34857 Sham contracting $1,011
34942 Wages and entitlements $586
35007 Freedom of association $6,254
35096 Right of entry $4,938
35159 Wages and entitlements $751
35208 Wages and entitlements $1,572
35234 Right of entry $4,182
35365 Sham contracting $1,228
35620 Sham contracting $277
35624 Sham contracting $1,289

In the reporting period, employers were a complainant in 109 open investigations. Table A8 shows the breakdown of those investigations by the main allegation being investigated. Table A9 shows the approximate internal cost of each of these investigations.

Table A8: Investigations where employers were a complainant in the investigation

Main allegation Number of investigations
Right of entry 33
Coercion 32
Unlawful industrial action 27
Wages and entitlements 7
Freedom of association 5
Sham contracting 3
Misrepresentation of workplace rights 2
Total 109

Table A9: Approximate internal cost where employers were a complainant in the investigation

Ref Main allegation Cost
16679 Unlawful industrial action $6,854
27233 Wages and entitlements $5,620
27237 Unlawful industrial action $0
27240 Sham contracting $5,806
27241 Unlawful industrial action $168
27243 Unlawful industrial action $288
27245 Right of entry $26,503
27246 Right of entry $24,402
27433 Coercion $464
27804 Unlawful industrial action $0
27822 Coercion $369
27837 Coercion $2,854
27847 Right of entry $2,539
27859 Right of entry $16,352
27862 Unlawful industrial action $21,528
27864 Coercion $26,100
27867 Coercion $97
27868 Coercion $0
27883 Right of entry $7,800
27884 Unlawful industrial action $4,356
27887 Wages and entitlements $1,085
27888 Coercion $4,506
27894 Coercion $24,563
27897 Coercion $1,579
27903 Coercion $14,940
28780 Unlawful industrial action $0
28828 Right of entry $1,974
28829 Freedom of association $13,143
28842 Right of entry $2,490
28844 Coercion $9,375
28847 Coercion $4,270
28850 Right of entry $0
28856 Right of entry $45,551
28858 Coercion $5,118
28859 Coercion $5,481
28860 Unlawful industrial action $15,602
28970 Right of entry $922
28973 Right of entry $13,585
28974 Unlawful industrial action $2,798
28975 Unlawful industrial action $1,509
29402 Right of entry $3,185
29673 Coercion $1,370
29952 Unlawful industrial action $16,128
30089 Unlawful industrial action $16,649
30238 Coercion $4,659
30437 Freedom of association $23,420
30463 Unlawful industrial action $28,732
30542 Sham contracting $9,715
30587 Coercion $2,635
31111 Right of entry $2,293
31393 Coercion $20,357
31596 Unlawful industrial action $1,124
31672 Coercion $2,128
31702 Coercion $676
31749 Coercion $22,681
32188 Right of entry $6,075
32216 Right of entry $4,775
32338 Unlawful industrial action $13,937
32340 Coercion $1,312
32426 Wages and entitlements $3,245
32550 Coercion $510
32625 Right of entry $1,163
33029 Freedom of association $7,557
33119 Coercion $2,302
33205 Right of entry $4,565
33218 Coercion $643
33434 Right of entry $4,388
33474 Coercion $10,353
33478 Right of entry $0
33558 Unlawful industrial action $5,697
33586 Coercion $5,114
33631 Freedom of association $3,189
33634 Coercion $634
33667 Unlawful industrial action $17,183
33972 Wages and entitlements $12,213
34015 Unlawful industrial action $6,092
34125 Unlawful industrial action $2,284
34144 Right of entry $10,459
34145 Wages and entitlements $3,454
34147 Misrepresentation of workplace rights $1,876
34160 Coercion $15,292
34236 Coercion $739
34444 Unlawful industrial action $1,897
34491 Right of entry $2,813
34673 Unlawful industrial action $573
34763 Freedom of association $2,548
34777 Right of entry $13,071
34848 Wages and entitlements $1,035
34857 Sham contracting $1,011
34942 Wages and entitlements $586
34967 Right of entry $2,257
35003 Right of entry $7,317
35018 Unlawful industrial action $232
35027 Unlawful industrial action $4,151
35034 Right of entry $3,598
35039 Right of entry $9,186
35083 Right of entry $3,835
35100 Right of entry $7,549
35243 Misrepresentation of workplace rights $4,356
35312 Unlawful industrial action $1,278
35320 Unlawful industrial action $2,591
35407 Right of entry $1,009
35410 Right of entry $1,556
35579 Right of entry $708
35627 Unlawful industrial action $1,359
35631 Coercion $616
35736 Right of entry $497
35745 Right of entry $20
35819 Coercion $484

Proceedings commenced

In the reporting period, the ABCC commenced 10 proceedings. Table A10 shows the respondents and nominal internal legal costs during the reporting period for these proceedings.

Table A10: Proceedings commenced by category of building industry participant and nominal internal legal costs

Case Court file
number
and name
Employer Building association Building association representative Nominal internal legal costs
BRG305/2018 Australian Building and Construction Commissioner v. Peter Joseph D'Arcy & Anor - 1 1 $20,424
QUD238/2018 Australian Building and Construction Commissioner v. Construction, Forestry, Maritime, Mining and Energy Union & Ors - 1 7 $63,160
SAD316/2017 Australian Building and Construction Commissioner v. Mark Gava & Anor - 1 1 $13,585
TAD21/2018 Australian Building and Construction Commissioner v. Richard Xavier Hassett & Ors - 1 2 $24,402
TAD47/2017 Australian Building and Construction Commissioner v. Construction, Forestry, Maritime, Mining and Energy Union & Ors - 1 2 $45,551
VID347/2018 Australian Building and Construction Commissioner v. Construction, Forestry, Maritime, Mining and Energy Union & Ors 2 1 2 $17,018
VID496/2018 Australian Building and Construction Commissioner v. Construction, Forestry, Maritime, Mining and Energy Union & Ors - 1 2 $16,352
VID515/2018 Australian Building and Construction Commissioner v. Construction, Forestry, Maritime, Mining and Energy Union & Ors - 1 3 $21,528
VID881/2017 Australian Building and Construction Commissioner v. Construction, Forestry, Mining and Energy Union & Ors - 1 2 $13,143
WAD393/2017 Australian Building and Construction Commissioner v. Walter Molina & Anor - 1 1 $19,155

In the reporting period, the ABCC intervened in one proceeding in the Federal Court, with nominal internal legal costs outlined in Table A11.

Table A11: ABCC interventions in the Federal Court and nominal internal legal costs, 2017–18

Case number Case name Nominal internal legal costs
BRG327/2016 Andrew Ramsay & Anor v. Susan Menso & Anor $4,855

In the reporting period, the ABCC filed appeals in five proceedings in the Federal Court, as shown in Table A12.

Table A12: ABCC appeals in the Federal Court, 2017–18

Case number Case name Nominal internal legal costs
QUD324/2018 Australian Building and Construction Commissioner v. Construction, Forestry, Maritime, Mining and Energy Union & Ors $4,080
VID872/2017 Australian Building and Construction Commissioner v. Construction, Forestry, Mining and Energy Union & Ors $6,392
NSD2227/2017 Brian Parker & Ors v. Australian Building and Construction Commissioner $4,998
NSD460/2018 Pomare Auimatagi & Anor v. Australian Building and Construction Commissioner $1,562
QUD610/2017 Construction, Forestry, Maritime, Mining and Energy Union v. Australian Building and Construction Commissioner & Anor $7,567

In the reporting period, the ABCC intervened in nine proceedings in the Fair Work Commission, as outlined in Table A13.

Table A13: ABCC interventions in Fair Work Commission proceedings, 2017–18

Case number Type of proceedings Name Nominal internal legal costs
RE2017/435 Application for entry permit Steve Dodd $316
RE2017/1109 Application for entry permit Brian Leonard Parker $3,045
RE2017/1280 Application for entry permit Toby Thornton $1,946
RE2017/1380 Application for entry permit Michael Robinson $2,509
RE2018/160 Application for entry permit Kurt Daniel Pauls $1,111
RE2018/116 Application for entry permit Walter Vincenzo Molina $5,397
RE2018/180 Application for entry permit Justin William Steele $1,015
RE2018/318 Application for entry permit Michael Ravbar $1,263
RE2018/475 Application for entry permit Anthony Sloane $618

Number and cost of proceedings finalised

In the reporting period, the ABCC finalised 18 proceedings, as shown in Table A14. The costs incurred are since 2 December 2016.

Table A14: Proceedings finalised, 2017–18

Case number Case name External legal costs Nominal internal legal costs
QUD831/2016 Australian Building and Construction Commissioner v. Pauls [2017] FCA 843 $129,702.00 $4,867.00
QUD257/2013 Australian Building and Construction Commissioner v. Construction, Forestry, Mining and Energy Union [2017] FCAFC 113 $385,417.92 $806.00
BRG204/2016 Australian Building and Construction Commissioner v. Dig It Landscapes Pty Ltd & Ors [2017] FCCA 2128 $186,384.39 $5,091.00
NTD33/2014 Australian Building and Construction Commissioner v. Huddy (No. 2) [2017] FCA 1088 $563,314.52 $9,311.00
UD525/2015 Australian Building and Construction Commissioner v. ADCO Constructions Pty Ltd (No. 3) [2017] FCA 1090 $713,667.09 $3,056.00
BRG450/2016 Australian Building and Construction Commissioner v. Jody Moses & Ors (No. 2) [2017] FCCA 2738 $233,823.46 $4,291.00
NSD467/2016 Australian Building and Construction Commissioner v. Parker & Ors (No. 2) [2017] FCA 1082 $1,769,852.58 $10,610.00
BRG98/2016 Australian Building and Construction Commissioner v. Hanna & Anor (No. 3) [2017] FCCA 2519* $163,361.31 $2,224.00
VID860/2016 Australian Building and Construction Commissioner v. Construction, Forestry, Mining and Energy Union (Werribee Shopping Centre Case) [2017] FCA 1235 $90,021.86 $6,019.00
QUD389/2016 Australian Building and Construction Commissioner v. Construction, Forestry, Mining and Energy Union & Ors [2017] FCA 1269 $414,091.53 $2,175.00
VID27/2015 Australian Building and Construction Commissioner v. Construction, Forestry, Mining and Energy Union (The Footscray Station Case) [2017] FCA 1555 $316,966.70 $2,514.00
VID406/2016 Australian Building and Construction Commissioner v. Construction, Forestry, Mining and Energy Union & Anor (No. 2) [2018] FCA 163 $188,128.77 $11,486.00
SYG1823/2015 Australian Building and Construction Commissioner v. Auimatagi & Anor [2017] FCCA 1722 $165,515.10 $6,999.00
QUD491/2015 Australian Building and Construction Commissioner v. Ingham (No. 2) (The Enoggera Barracks Case) [2018] FCA 263 $937,839.94 $38,736.00
QUD755/2016 Australian Building and Construction Commissioner v. Construction, Forestry, Maritime, Mining and Energy Union (The Nine Brisbane Sites Case) (No. 3) [2018] FCA 564 $433,330.00 $12,688.00
WAD334/2016 Australian Building and Construction Commissioner v. Upton (The Gorgon Project Case) (No. 2) [2018] FCA 897 $240,865.00 $12,954.00
VID260/2016 Australian Building and Construction Commissioner v. Construction, Forestry, Maritime, Mining and Energy Union (Cardigan St Case) [2018] FCA 957 $107,213.00 $6,517.00
BRG327/2016 Andrew Ramsay & Anor v. Susan Menso & Anor [2017] FCCA 1416 $6,819.00 $4,941.00

* This matter was appealed in the reporting period and the appeal decision was handed down in the 2018–19 reporting period.

In the reporting period, eight appeal decisions were delivered that related to previously finalised matters, as shown in Table A15.

Table A15: Appeal decisions related to previously finalised matters, 2017–18

Case number Case name External legal costs Nominal internal legal costs
SAD300/2016
SAD61/2015
Construction, Forestry, Mining and Energy Union v. Australian Building and Construction Commissioner [2017] $171,563.65 $1,026.00
P15/2017 Construction, Forestry, Mining and Energy Union and Anor v. Australian Building and Construction Commissioner [2017] $295,169.36 $6,533.00
VID704/2014
VID1361/2016
M87/2017
Powell v. Australian Building and Construction Commissioner [2017]* $225,407.60 $8,040.00
WAD488/2015
WAD26/2014
Scott Adams & Ors v. Australian Building and Construction Commissioner [2017] FCAFC 228 $621,123.25 $620.00
VID306/2017 Australian Building and Construction Commissioner v. Construction, Forestry, Mining and Energy Union (Castlemaine Police Station Case) [2018] FCAFC 15** $388,760.81 $9,643.00
M65/2017 Australian Building and Construction Commissioner v. Construction, Forestry, Mining and Energy Union & Ors [2018] HCA 3 $447,596.22 $17,443.00
ACD25/2017 Australian Building and Construction Commissioner v. Hall [2018] FCAFC 83 $122,266.00 $7,812.00
VID872/2017 Australian Building and Construction Commissioner v. Construction, Forestry, Mining and Energy Union (The Laverton North and Cheltenham Premises Case) [2018] FCAFC 88 $138,801.00 $5,876.00

* The case before the single judge of the Federal Court continues and has not yet been finalised.

** The case has been remitted back to the Federal Court for a penalty hearing and has not yet been finalised.

In the reporting period, the ABCC finalised its involvement in 18 proceedings in the Fair Work Commission, as shown in Table A16. The costs listed were incurred after 2 December 2016.

Table A16: Fair Work Commission proceedings in which the ABCC finalised its involvement, 2017–18

Case number Type Name External legal costs Nominal internal legal costs
RE2017/414

RE2017/415
Application for entry permit Anthony Kong - $654.00
RE2016/1607 Application for entry permit Mark Gava $13,284.09 $14,990.00
RE2017/435 Application for entry permit Steve Dodd - $2,915.00
RE2017/657 Application for entry permit Bradley Upton - $4,926.00
RE2015/1159
RE2015/1160
Application for entry permit Jade Anthony Ingham $7,399.10 $205.00
RE2017/1109 Application for entry permit Brian Leonard Parker $6,204.54 $3,045.00
RE2017/1280 Application for entry permit Toby Thornton - $1,946.00
RE2018/160 Application for entry permit Kurt Daniel Pauls $774.00 $1,111.00
RE2017/1380 Application for entry permit Michael Robinson $7,318.00 $2,509.00
RE2018/180 Application for entry permit Justin William Steele $4,879.00 $1,015.00
RE2018/318 Application for entry permit Michael Ravbar - $1,263.00
RE2018/116 Application for entry permit Walter Vincenzo Molina - $5,397.00
RE2016/591 Application to revoke or suspend permit Mark Gava - $718.00
RE2014/1389
C2016/569
Application to restrict rights for misuse of permit Anthony Kong, Brian Leonard Parker, Jade Anthony Ingham, Mark O'Brien, Michael Myles, Robert Graauwmans, Robert Kera, Stephen Long $200,720.57 $3,402.00
RE2016/588 Application to revoke or suspend permit Muhammed 'Moe' Kalem $5,227.27 $4,355.00
RE2016/586 Application to revoke or suspend permit David John Kirner - $2,107.00
RE2016/589 Application to revoke or suspend permit John Junior Lomax $2,318.18 $2,302.00
RE2016/590 Application to revoke or suspend permit Stephen Long $5,325.45 $2,781.00

Legal expenses incurred as a result of enforcement action

In the reporting period, the ABCC incurred $4,150,464.46 in external legal expenses as a result of enforcement action undertaken in 78 matters by the ABCC.

This figure has been calculated with reference to invoices received by the ABCC by 31 July 2018 that relate to the reporting period. There may be invoices for work undertaken in the reporting period that are yet to be received by the ABCC. Invoices received after 31 July 2018 have not been included in the reported figure.

Details of industry conditions

In the reporting period, the ABCC received 199 complaints. Table A17 shows the breakdown of complaints received by the main topic discussed.

Table A17: Complaints received by main topic

Main topic of complaint Total
Wages and entitlements 45
Right of entry 44
Coercion 39
Unlawful industrial action 23
Freedom of association 21
Sham contracting 15
Misrepresentation of workplace rights 4
Security of payment—notification 4
Security of payment—enquiry 3
General code information 1
Total 199

Compliance of products used in building work

Pursuant to section 25A(1)(b) of the Code, a funding entity must ensure that, before a contract is entered into in respect of Commonwealth funded building work, the preferred tenderer provides information on whether the building materials to be used to undertake the building work comply with relevant Australian standards published by Standards Australia.

Further, under section 26(8) of the Code, a funding entity must only enter into a contract in respect of building work with a code covered entity that only uses products in building work that comply with the relevant Australian standards published by, or on behalf of, Standards Australia.

During the reporting period, the ABCC did not identify any noncompliance with section 26(8) of the Code.

To help achieve compliance with the requirements of the Code during the reporting period, the ABCC ensured that government agencies and contractors had in place the appropriate model tender and contract clauses to implement the requirements, including through the supply chain. Funding entities provided notification forms about new projects to show that Australian standard clauses were included in contracts.

The ABCC proactively monitored compliance by funding entities with section 26(8) of the Code. The ABCC assessed funding entity compliance in 27 compliance activities, comprising 17 desktop audits and 10 field audits and inspections. These audits and inspections showed funding entities were fully compliant with the contractual requirement to use Australian standard building products.

The ABCC scheduled a funding entity audit campaign for quarter 2 in the 2018–19 financial year.

The ABCC's model clauses for contractors enable them to pass their contractual requirement to use Australian standard building products through the supply chain. The ABCC reviewed 16 head contractors for the use of the appropriate clause in their subcontracts and identified that 15 had used the appropriate clause. In the one exception, the ABCC informed the relevant funding entity that its head contractor had not included the relevant model clause in the subcontracts.

On two occasions, the ABCC identified that the requirement to use Australian standard building products was included in the head contract but did not appear to have been included in supply chain contracts of sub-subcontractors. The ABCC is engaging with the relevant contractors and will inform the funding entities as appropriate.

Examination notices issued

The ABCC issued 14 examination notices in three investigations, comprising:

  • 5 in a coercion investigation
  • 3 in a freedom of association investigation
  • 6 in a right of entry investigation.

Additional reporting

Directions given by the Minister

During the reporting period, no directions were issued by the Minister to the Australian Building and Construction Commissioner under sections 17 or 18 of the BCIIP Act.

Delegations made by the Commissioner

During the reporting period, the Australian Building and Construction Commissioner made the following delegations under section 19 of the BCIIP Act, as outlined in Table A18.

Table A18: Delegations made under section 19 of the BCIIP Act

No. Function and/or power Delegate(s)
Functions of the Australian Building and Construction Commissioner
1. Promote the main object of the BCIIP Act in accordance with section 16(1)(aa) of the BCIIP Act.

Monitor compliance and promote appropriate standards of conduct by building industry participants, including by:
  • monitoring and promoting compliance with the BCIIP Act, designated building laws and the Building Code by building industry participants
  • referring matters to other relevant agencies and bodies

in accordance with section 16(1)(a) of the BCIIP Act.

Investigate suspected contraventions, by building industry participants, of the BCIIP Act, designated building laws or the Building Code in accordance with section 16(1)(b) of the BCIIP Act.

Ensure building employers and building contractors comply with their obligations under the BCIIP Act, designated building laws and the Building Code in accordance with section 16(1)(ba) of the BCIIP Act.

Provide assistance and advice to building industry participants regarding their rights and obligations under the BCIIP Act, designated building laws and the Building Code in accordance with section 16(1)(d) of the BCIIP Act.

Disseminate 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 in accordance with section 16(1)(f) of the BCIIP Act.

  • ABCC Deputy Commissioners
  • An SES employee or acting SES employee who is an employee of the Commission
  • ABCC inspectors
Consultants
2. Engage persons with suitable qualifications and experience as consultants to the Commissioner in accordance with section 32 of the BCIIP Act.
  • Chief Operating Officer
Building Code
3. Give written notice to a person who is required to comply with the Building Code in respect of particular building work in accordance with section 35(1) of the BCIIP Act.
  • ABCC inspectors
Examination notices
4. Give an examination notice to the person in relation to whom it is issued in accordance with section 61E(1) of the BCIIP Act.
  • ABCC inspectors
5. Powers and functions under sections 61E(3) and (4) and section 61F of the BCIIP Act.
  • Anthony Southall QC, ABCC Deputy Commissioner
6. Powers and functions under sections 61E(3) and (4) and section 61F of the BCIIP Act.
  • Catherine Cato, ABCC Deputy Commissioner
7. Notify the Commonwealth Ombudsman that an examination notice has been issued and provide a copy of the examination notice, the affidavit that accompanied the application for the examination notice and any other information in relation to the examination notice that was given to the nominated Administrative Appeals Tribunal Presidential Member who issued the notice in accordance with section 64 of the BCIIP Act.
  • General Counsel
  • Deputy General Counsel
8. Give the Commonwealth Ombudsman a report, video recording and transcript of an examination of a person in accordance with section 65(1) of the BCIIP Act.
  • General Counsel
  • Deputy General Counsel
Persons assisting authorised officers
9. Determine whether a person may accompany an authorised officer onto premises to assist the authorised officer in accordance with section 75(1) of the BCIIP Act.
  • ABCC Deputy Commissioners
  • An SES employee or acting SES employee who is an employee of ABCC
  • ABCC inspectors who are designated as team leaders or acting team leaders
Disclosure of information
10. Disclose or authorise the disclosure of information in accordance with sections 105(2), 105(3) and 105(4) of the BCIIP Act.
  • ABCC Deputy Commissioners
  • An SES employee or acting SES employee who is an employee of the Commission
  • ABCC inspectors
Submissions
11. May intervene or make submissions in a matter before the FWC in accordance with section 110(1) of the BCIIP Act.
  • ABCC Deputy Commissioner (Legal)
  • General Counsel
  • Deputy General Counsel