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- Industry Update - January - February 2016
- FWBC's compulsory powers explained
News and Media
- Latest news and media
- Legal case summaries
- Industry Update
- Latest Industry Update
- Past Industry Updates
- Industry update - November-December 2016
- Industry Update July - August 2016
- Industry Update July - August 2017
- Industry Update March - April 2016
- Message from the Director
- Court summary - New cases
- Court summary - Finalised matters
- Summary of recent Right of Entry Permit activity
- FWBC to assess enterprise agreements for code compliance
- Drug and Alcohol testing requirements under the Building Code 2013
- Contact FWO for matters related to wages and entitlements
- Industry Update March - April 2017
- Industry Update May - June 2016
- Industry Update September - October 2016
- Industry Update September - October 2017
- Message from the Acting Commissioner
- Annual report - significant outcomes by the ABCC in 2016-17
- Court summary – finalised matters
- Court summary – new matters
- Summary of recent right of entry permit activity
- Streamlined process for resubmission of enterprise agreements
- The first year of the 2016 Code
- Wages and Entitlements
- Industry Update - January - February 2016
- Industry Update 18 December 2015
- Industry Update 27 November 2015
- Industry Update 6th August 2015
- Message from the Director
- CFMEU may be banned from paying its officials’ fines
- FWBC puts Tier One contractor before Federal Court
- CFMEU official allegedly tells building contractor “you’re on the top of our hit list” & threatens “500 blokes” will go onsite
- CFMEU official allegedly threatens ‘war’ and another ‘Kane’ situation
- Q & A with FWBC
- Three CFMEU officials’ permit applications refused
- Industry Update 13th July 2015
- Industry Update 18th March 2015
- Industry Update 5th March 2015
- Message from the Director
- Come on get Appy
- Compulsory 2013 Building Code audits starting
- 72 CFMEU officials before the courts
- Building and construction activity update
- Union officials must obey safety rules
- Court penalises CFMEU and officials $205,100
- Freedom of Association - Know Your Rights
- CFMEU’s Luke Collier added to No Permit List
- Courts wrap up
- Industry Update November 2014
- Industry Update October 2014
- Industry Update September 2014
- Industry Update August 2014
- Industry Update July 2014
- Industry Update June 2014
- Industry Update April 2014
- Industry Update March 2014
- E-Alert - Melbourne rally on 18 February 2014
- Industry Update - January-February 2017
- Industry Update - May - June 2017
- Industry Update February 2014
- Industry Update December 2013
- Industry Update November 2013
- Industry Update October 2013
- Industry Update June 2013
- Acting Director's message
- Vic CFMEU & officials incur $115k penalty
- FWBC conducts site visits following Melbourne Stop Work Rally
- Supreme Court finds CFMEU guilty of contempt in Grocon case
- $2m in unpaid wages & entitlements in construction workers' pockets
- The Building Code - what does it mean for you?
- Queensland's Office of State Revenue targets construction industry employers
- E-Alert - Melbourne Rally on 30 April 2013
- Industry Update April 2013
- New leadership at FWBC - Acting Director's message
- Know your worth campaign in full swing
- Do you employ apprentices? Tell us more
- Unpaid employee entitlements? Where to go for help
- Construction industry loses fewer days to strikes
- FWO to tackle exploitation of workers on 457 visas
- Free business apps now available
- Hot off the press - brochure for employees
- Industry Update January 2013
- Chief executive's message - welcome back to work
- New Building Code announced
- New program in SA to reduce exploitation of 457 visa workers
- Up to 13 per cent of independent contractors misclassified - Independent research report
- FWBC alleges CFMEU WA Secretary coerced building company not to host FWBC presentation
- Update on CFMEU-Grocon dispute proceedings in Vic
- Penalties for breaches of workplace relations law rise by 54.5 per cent
- Happy new year for construction workers - $80,000 in recent recoveries
- Serious penalties for misleading FWBC
- New FWBC guidance notes to promote openness
- Industry Update March 2013
- Do you know your worth? Chief Executive's message
- Knowyourworth.gov.au – the one-stop-shop for apprentices
- Hiring apprentices - what you need to know
- Quick guide to pickets and blockades
- FWBC audit campaign to assess 400 employers
- Don't be caught on the hop! Easter public holidays
- Court dismisses appeal
- Industry Update December 2012
- Industry Update November 2012
- What’s new at FWBC? Chief Executive’s message
- Translated FWBC video and brochures released
- Model national WHS Act – when and where does it apply?
- Q&A with FWBC’s Chief Counsel – Brian Corney
- Compensation and penalty payments secured for head contractor and subbies in Qld
- Things heating up on your building site? Call FWBC
- Follow FWBC on Twitter
- Leigh Johns sets the record straight on recovery of wages and entitlements
- Small business? ASIC wants to hear from you
- Enforceable Undertakings – another regulatory option available to FWBC
- FWBC’s first Annual Report tabled in Parliament
- Industry Update October 2012
- The new FWBC Industry Update is here
- FWBC holds unions and representatives to account in Victoria
- Targeted industrial campaigns cost CFMEU and McDonald $250,000
- Understanding your workplace rights is as easy as checking a box
- Side deals – not worth the paper they’re written on
- FWBC promotes rights of Defence Reservists
- Fair Work Building Industry Inspectors – coming to Rockhampton and Wollongong this month
- Industry Update August 2013
- Message from FWBC Director Val Gostencnik
- End of Financial Year Legal Wrap Up
- Court orders unions to pay $65k penalty for QLD strikes
- FWBC report finds misunderstanding most common reason for underpayments
- Termination of employment under the microscope in NSW
- QLD audit serves as reminder that EBA side deals can be costly
- New court cases in QLD and SA
- FWBC releases Agency Multicultural Plan
- Media contacts
Industry Update
January - February 2016FWBC's compulsory powers explained
When investigating a complaint, FWBC inspectors use all avenues available to them to acquire information from people who are willing to provide it on a voluntary basis. If these avenues are exhausted, the Director may consider using the agency’s compulsory examination powers.
In the first two months of 2016, FWBC initiated eight new court proceedings. The agency relied upon its compulsory examination powers to progress a number of these matters. In fact so far in the 2015/16 financial year, the Director has conducted 12 examinations. This compares to 14 examinations in 2014/15 and four examinations in 2013/14.
There has been some discussion and some misconceptions regarding FWBC’s compulsory examination powers in recent months.
A number of federal agencies have compulsory examinations powers including the Australian Taxation Office, Australian Competition and Consumer Commission, Australian Securities and Investments Commission and the Australian Crim Commission. There are some variations in how the compulsory examination powers works between agencies, indeed FWBC’s powers have more safeguards than other Commonwealth bodies.
For FWBC to initiate a compulsory examination the agency must apply to the Administrative Appeals Tribunal (AAT) but only after all other avenues to obtain information have been exhausted.
If you are required to attend a compulsory examination you, or your legal adviser will be provided with a notice by the FWBC Director. The notice will have been issued by a Presidential Member of the AAT.
You will be given at least 14 days’ notice to attend an examination and you are entitled to bring legal representation. In fact, FWBC will pay for an interviewee’s lawyer along with any other reasonable costs the interviewee incurs as a result of their attendance at an examination.
Evidence obtained through a compulsory examination cannot be used against an interviewee in court. The only exceptions to this rule are if the action related to failing to comply with the examination notice, knowingly providing false or misleading information or obstructing and official in the performance of their official duties.
Interviewees will be provided with a transcript of their interview and there are no restrictions preventing the interviewee from disclosing information from their examination.
For more information on FWBC’s compulsory examination powers, please call our hotline on 1800 003 338 or click here.