What am I required to report?

If you’re a code covered entity, there are various reporting/notification requirements placed on you by the Code .

Code breaches

Industrial Action

Secondary boycott demands

Security of payment disputes/delayed payments

Report no later than
2 working days after becoming aware:

Report no later than 24 hours after becoming aware:

Report no later than 24 hours

Report as soon as practicable after date payment falls due

  • notify ABCC of a breach or a suspected breach
  • advise proposed steps to rectify the breach.
  • notify ABCC whether actual or threatened action:
  • Cth protected/ unprotected action
  • Private unprotected action
  • any request or demand by a union, whether direct or indirect that appears to be for the purpose of a secondary boycott
 

Rectify within 14 days:

Take steps to prevent or bring an end:

   
  • notify ABCC within 14 days of steps taken to rectify the breach.
  • to unprotected action taken by code covered entity’s employees (to the extent reasonably practicable)
   

These reporting/notification requirements are explained in the following sections of the legislation:

  • Section 16—Industrial impacts
  • Section 17—Notification
  • Section 11D and 11E —Security of payment/Disputed payments.

You can review the complete legislation here. We’ve also summarised the relevant sections below.

Industrial action

Code covered entities must report to the ABCC as soon as practicable but no later than 24 hours after becoming aware of the threat or action:

  • any actual or threatened protected or unprotected industrial action by their employees on Commonwealth funded building sites.
  • any actual or threatened unprotected industrial action by their employees on privately funded building sites.

A code covered entity must also, to the extent reasonably practicable, take steps to prevent or bring an end to industrial action that is not protected action taken by the employees of the entity.

Secondary boycotts

If a code covered entity is requested, either directly or indirectly, to engage in conduct that appears to be for the purposes of a secondary boycott (within the meaning of the CCA ), that code covered entity must report it to the ABCC as soon as practicable—but not later than 24 hours after any direct or indirect request or demand is made by a building association.

Breaches or suspected breaches of the Code

Code covered entities must notify the ABCC of a breach, or a suspected breach, of the Code as soon as practicable but no later than two working days after becoming aware of the breach or suspected breach.

The initial notification must set out the steps that the code covered entity proposes to take to rectify the breach. Further, a follow-up notification confirming the steps taken to rectify the breach must be submitted within 14 days of the initial notification.

Security of payment disputes

Code covered entities must report any disputed or delayed progress payments to the ABC Commissioner and the relevant funding entity as soon as practicable after the date on which payment falls due.

Find out more about what constitutes a disputed or delayed progress payment .

I need to make a report

To make a report to the ABCC, please use:

  • the Security of payment reporting form for all reports about security of payment/disputed payments and email to enquiry@abcc.gov.au.