Commonwealth legislation

The ABCC is responsible for enforcing Commonwealth workplace relations legislation in the building and construction industry. These cover things like:

  • wages and entitlements
  • unprotected industrial action
  • freedom of association
  • coercion
  • discrimination
  • sham arrangements
  • unlawful pickets
  • right of entry

Links to relevant legislation for the building industry are available below.

Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act):

Superseded versions

Fair Work Act 2009 (FW ACT):

Independent Contractors Act 2006 (IC Act):

State legislation

All states apart from Western Australia have referred their industrial relations powers to the Commonwealth. This means that the FW Actnow applies to all employers and employees in all states and territories except Western Australia.

The Commonwealth Constitution ensures that a Commonwealth law takes precedence over a state law to the extent that they are inconsistent. As a result, the FW Actoverrides some state industrial legislation which formerly used to apply to employers and employees.

In addition to the BCIIP Act, FW Act and IC Act, each state has its own industrial relations legislation. Each state and territory also has its own workplace safety body.