13 July 2015 Industry Update
The Building Code
Do you work on a Commonwealth-funded construction project? If you do, the Building Code 2013 will apply to your site. This means everyone on the site has to comply with the Government’s standards for conduct on the site.
FWBC has some helpful material on its website to include in your site induction material to help everyone on site understand the Building Code.
For example, under the Building Code, contractors have an obligation to report actual or threatened industrial action to the FWBC Director as soon as possible after the action or threat occurs.
Industrial action is action that an employee, industrial association or employer may take when trying to resolve a workplace dispute. Industrial action includes strikes, work bans and lockouts
If your workers take part in unlawful industrial action you must deduct money from their pay. How much you deduct will depend on whether the action was protected or unprotected.
What is protected industrial action?
Industrial action that is covered by the Fair Work Act. Workers and industrial associations that take part in protected industrial action are immune from receiving fines or being litigated against. For industrial action to be protected it must meet certain conditions, otherwise it will be considered unprotected industrial action. Employees, employers and industrial associations that participate in unprotected industrial action may face penalties.
More information about the difference between protected and unprotected industrial action is available here.
If the action was protected action, you must deduct the time your workers were involved in the action from their pay. For example, if they went on strike for two hours – you would deduct two hours pay.
If your workers participate in unprotected industrial action you must also deduct money from their pay. You are required to deduct a minimum of four hours from their pay irrespective of how long the action went for. For example, if your workers strike for one hour, you must still deduct four hours from their pay.
If your workers strike for longer than four hours you are required to deduct the time your workers were involved in the action from their pay. For example, if your workers strike for six hours – you would deduct six hours pay.
Further information is available on the FWBC website at www.fwbc.gov.au and via the FWBC Hotline on 1800 003 338.
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