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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:
in accordance with section 16(1)(a) of the BCIIP Act. |
|
| Consultants | ||
| 2. | Engage persons with suitable qualifications and experience as consultants to the Commissioner in accordance with section 32 of the BCIIP Act. |
|
| 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. |
|
| 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. |
|
| 5. | Powers and functions under sections 61E(3) and (4) and section 61F of the BCIIP Act. |
|
| 6. | Powers and functions under sections 61E(3) and (4) and section 61F of the BCIIP Act. |
|
| 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. |
|
| 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. |
|
| 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. |
|
| 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. |
|
| Submissions | ||
| 11. | May intervene or make submissions in a matter before the FWC in accordance with section 110(1) of the BCIIP Act. |
|