An enforceable undertaking is a compliance tool that can be used as an alternative to litigation. Where it is in the public interest, the Commissioner may accept a written enforceable undertaking if:
- the Commissioner reasonably believes that the person proposed to be subject to the undertaking has contravened a civil remedy provision of the Building and Construction Industry (Improving Productivity) Act 2016;
- entering into an enforceable undertaking is in the public interest and appropriate in all the circumstances; and
- contravention is admitted, and the person proposed to be subject to the undertaking is willing to cooperate with the Australian Building and Construction Commission (ABCC).
Need more information?
For further information, advice or assistance please contact the ABCC at 1800 003 338 or enquiry [at] abcc.gov.au.