Building work

The BCIIP Act gives a relatively broad definition of 'building work'. It covers a number of things:

  • Any of the following activities when relating to buildings, structures or works that, permanently or not, form (or are to form) part of the land:
    • construction
    • alteration
    • extension
    • restoration
    • repair
    • demolition
    • dismantling.
  • The same activities listed above, when relating to railways (not including rolling stock) and docks.
  • The installation of fittings in any building, structure or works that form (or are to form) part of land, such as:
    • heating
    • lighting
    • air-conditioning
    • ventilation
    • power supply
    • drainage
    • sanitation
    • water supply
    • fire protection
    • security
    • communications systems.
  • Any operation that is part of any of the work described above, including:
    • site clearance, earth-moving, excavation, tunnelling or boring
    • the laying of foundations
    • the erection, maintenance or dismantling of scaffolding
    • the on-site prefabrication of made to-order components to form part of any building, structure or works
    • site restoration, landscaping or the provision of roadways and other access works.
  • Transporting or supplying goods to be used in any of the work described above directly to building sites.

The Code applies the definition of building work in the BCIIP Act with two exceptions. The following types of building work are not subject to the Code:

  • the off-site prefabrication of made-to-order components to form part of any building, structure or works, unless that work is performed on an auxiliary or holding site that is separate from the primary construction site or sites.
  • the transportation or supply of goods to be used for any of the work mentioned above (in the BCIIP Act definition of 'building work'), directly to building sites (including any resources platform) where that work is being or may be performed.
Legal Case
The Federal Circuit Court imposed total penalties of $35,700 against the CFMMEU and its representative Mark O’Brien and former official Michael Myles, after workers at a South Brisbane apartment site downed their tools in response to a visit by Queensland Government officers.
31 August 2018
Legal Case
The Court found that Ryan Whakauru contravened section 417 of the Fair Work Act 2009 on 11 and 12 September 2014 when he refused to perform work at the QUT Creative Industries Precinct Project. Mr Whakauru was penalised $7,500 for the two contraventions.
31 August 2018
Basic page
The ABCC has provided this information to assist tenderers to meet the Workplace Relations Management Plans (WRMPs) content requirements in Schedule 4 of the Code for the Tendering and Performance of Building Work 2016 (Code). However, it is not an exhaustive list of the matters that must be addressed.
25 June 2019
Basic page
Funding entity obligations for Commonwealth funded building work.
19 March 2019
Basic page
Funding recipient responsibilities for Commonwealth funded building work.
20 March 2019
The ABCC has filed proceedings in the Federal Court alleging the CFMMEU and two of its officials committed 46 contraventions when they disrupted night construction work and ignored Victoria Police and WorkSafe instructions at the $6.7 billion West Gate Tunnel Project in December 2019. 
25 September 2020
Basic page
The ABC Commissioner has powers and functions under legislation to help promote better workplace relations for building work and to make sure that building work is carried out fairly, efficiently and productively. These functions include education and advice, investigation and enforcement.
19 August 2018
Legal Case
The respondents admitted that in 2013 CFMMEU official Joseph Myles organised a blockade involving nine vehicles and around 20 individuals and prevented trucks carrying wet concrete from entering the Victorian Government’s Regional Rail site. This resulted in tonnes of concrete going to waste.
31 August 2018
The Australian Building and Construction Commission has filed legal proceedings in the Federal Court alleging a CFMMEU delegate delayed work from starting on Melbourne’s Metro Rail Tunnel project claiming a first aid bed was too high.
26 August 2020