New FWBC guidance notes to promote openness

Fair Work Building & Construction (FWBC) today released two new guidance notes designed to give the building industry further clarity on the agency’s decision making processes.

Guidance Note 3 – setting out a policy for non-litigation outcomes – and Guidance Note 4 – detailing the agency’s stakeholder and witness management processes, together demonstrate FWBC’s commitment to open and transparent operations.

FWBC chief executive Leigh Johns said FWBC consulted with the agency’s newly appointed Advisory Board made up of industry representatives as part of the development process for the new guidance notes.

“These guidance notes promote consistency in how FWBC approaches its work as a fair and impartial regulator, and serve to inform the public, building industry participants, stakeholders and practitioners of the principles that guide the decisions made by FWBC,” Mr Johns said.

Guidance Note 3 demonstrates FWBC’s increasing focus on using compliance measures other than litigation to drive cultural change in the building and construction industry.

Some examples of alternatives to litigation covered in Guidance Note 3 include enforceable undertakings, compliance notices, caution letters, infringement notices and providing small claims assistance to industrial parties.

Guidance Note 4 outlines processes to be followed by FWBC when managing building industry participants and witnesses involved in investigations and litigation. This extends to understanding complainant expectations, obtaining evidence from and managing witnesses, as well as dealing with confidential complaints.

“Industry stakeholders and members of the public are entitled to expect the highest standards of probity, diligence and transparency from FWBC officers. These Guidance Notes are a summary of how we operate to meet that expectation,” Mr Johns said.

For information on how FWBC may be able to assist you, call our hotline on 1800 003 338 or visit

FWBC Guidance Notes are available at FWBC’s website.

PDF icon FWBC releases new guidance notes.pdf