The Australian Building and Construction Commission’s 2018-19 Annual Report has been tabled in Federal Parliament today and is available on the Commission’s website.
The report shows the ABCC is meeting its mandate as a full-service regulator with a breadth of work that covers wage recoveries for workers, security of payments for subcontractors and enforcing the rule of law on building sites.
During the reporting period the ABCC:
- recovered $823,724 in wages and entitlements for 1,376 employees, bringing total recoveries to more than $1 million since the agency’s establishment on 2 December 2016
- conducted 554 compliance activities comprising building code audits and inspections, and wages and entitlements audits
- commenced 21 new court proceedings, with a 94% success for finalised proceedings
- $4.25 million in penalties imposed by the courts in matters brought by the ABCC
- reached a milestone of 5000 enterprise agreements assessed since the agency’s establishment, with time taken to assess agreements reduced to less than two weeks
- launched the ABCC On Site App that delivers critical information about workplace rights and obligations where it is needed most
- delivered 168 presentations to 4,618 people, including employees, employers and representatives of peak bodies.
The report also revealed the work the agency is doing to ensure contractors comply with the law on building sites through the Building Code 2016 and Building Code 2013.
Contractors who fail to comply with the building codes risk a sanction excluding them from tendering for billions of dollars of Commonwealth-funded building work. Exclusion sanctions provide a powerful tool for the ABCC in driving lawful behaviour. The commercial implications of non-compliance are significant.
During the financial year, the Minister imposed one exclusion sanction and issued a formal warning following the ABCC’s recommendations:
- a one-month exclusion sanction on APM Group (Aust) Pty Ltd for failing to pay a subcontractor more than $40,000, and failing to resolve a payment dispute with a subcontractor in a reasonable, timely and cooperative way
- a formal warning was also issued to De Martin & Gasparini Pty Ltd for unlawfully threatening to dismiss workers during enterprise agreement negotiations.
In the year ahead, the ABCC will focus its resources on changing behavior in the building and construction industry for the better. To achieve lasting behavioural change, the agency’s first priority is to uphold the law.
The ABCC will continue to investigate unlawful conduct without bias, without fear and without favour.
More information is available in the ABCC 2018-19 annual report.