Industrial Rallies 9 March 2017

The Australian Building and Construction Commission (ABCC) is aware that a series of rallies have been scheduled to take place at various locations on 9 March 2017 (and on 21 March in Western Australia).

The ABCC seeks to inform and remind building industry participants of their rights and obligations under the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act).

Subsection 7(2) of the BCIIP Act provides that where an employee fails to attend work or absents themselves from work, that absence is not industrial action if it has been authorised or agreed to by their employer in advance and in writing.  A failure to obtain authorisation or agreement for a stoppage of building work in advance and in writing may constitute industrial action. 

The ABCC does not express a view on whether or not building workers attend the rallies other than to remind all building industry participants of the requirements of the BCIIP Act. 

The ABCC also reminds building industry participants covered by the 2013 and 2016 Building Codes that the Codes include obligations to report industrial action as soon as practicable after the action occurs.

Further information on these requirements is outlined on the ABCC website at  Alternatively, you can call the ABCC Hotline on 1800 003 338.

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