Disputes in the building and construction industry sometimes result in private court action between one or more parties. Where the matter involves ‘building industry participants’ or ‘building work’, the ABC Commissioner has a right to intervene in court proceedings, and to make submissions in proceedings before the FWC.

The ABC Commissioner will intervene where there is public interest in doing so, and will use the power to intervene as one means of achieving improved standards of conduct in the building and construction industry.

If a building industry participant wishes to have the ABC Commissioner intervene in a case before a court, they should contact the ABCC. The ABCC will then seek details of the case, and the Commissioner will decide the appropriate steps to take.

There may be circumstances where it is not appropriate for the ABC Commissioner to intervene, or continue to participate in, court proceedings.