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Australian Building and Construction Commission
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  • Your rights & responsibilities

    Your rights and responsibilities

    For all building industry participants.

    Your rights and responsibilities
    • Right of entry
    • Industrial action
    • Coercion
    • Freedom of association
    • Discrimination
    • Unlawful pickets
    • Wages and entitlements
    • Independent contractors
    Popular Right of entry permit lists Related Fact Sheets
  • Building Code

    Building Code

    For anyone involved in Commonwealth funded building work.

    What is the Building Code? Frequently asked questions

    For Government...

    • Funding Entities Government agencies funding Commonwealth building work
    • Funding Recipients Government agencies receiving funding for Commonwealth building work
    • Popular Funding entities - EOIs and tenders Funding recipients - EOIs and tenders

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Topics

  • About the ABCC
  • Building Code 2016
  • Rights and responsibilities
  • Independent contractors
Fact sheets

About the ABCC

Examination powers

Information about when the ABC Commissioner has the right to use examination powers to seek information about a suspected contravention of a designated building law.
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Our jurisdiction

The ABCC monitors and promotes compliance with the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act), designated building laws and the Code for the Tendering and Performance of Building Work 2016 (Code) by building industry participants.
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Powers and functions of the Australian Building and Construction Commissioner

The ABC Commissioner has powers and functions under legislation to help promote better workplace relations for building work and to make sure that building work is carried out fairly, efficiently and productively. These functions include education and advice, investigation and enforcement.
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Powers of Australian Building and Construction Inspectors

Australian Building and Construction Inspectors (ABC Inspectors) are appointed under the Building and Construction Industry (Improving Productivity) Act (BCIIP Act).
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Fact sheets

Building Code 2016

Building work under the Code

The Code for the Tendering and Performance of Building Work 2016 (Code) applies the definition of building work in the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act) with two exceptions.
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Labour market testing

Information about the rules for employers who want to hire building workers who are from overseas.
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Freedom of association—logos, mottos and indicia

All employees and contractors have the right to join or not join a building association, whether a union or employer body. This is called freedom of association. Everyone has the right to freedom of association under the law.
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Fact sheets

Rights and responsibilities

Freedom of association in the building and construction industry

Freedom of association protections give employees and contractors the right to choose whether or not to join a union or industrial association.
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Right of entry—what to do when a union official enters your site

Union officials do not have an automatic right to enter workplaces. The Fair Work Act 2009 (FW Act) provides permit holders with a right to enter sites for particular purposes and requires that they do the following before entering a site:
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Unlawful coercion

Coercion in the building and construction industry is unlawful under provisions of the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act) and the general protections provisions in the Fair Work Act 2009 (FW Act).
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Industrial action

Industrial action is primarily regulated under the Fair Work Act 2009 (FW Act). But industrial action in relation to building work is subject to more rules under the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act).
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Going on strike—be informed of the risks

You will lose pay for going on strike
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Strike pay in the building and construction industry

The prohibition on the payment of strike pay under the Fair Work Act 2009 (FW Act) also applies under the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act).
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Fact sheets

Independent contractors

How to determine if a worker is an employee or an independent contractor

Independent contractors run their own business. They usually negotiate their own fees and working arrangements and can work for more than one client at a time. Independent contractors are called contractors or subcontractors.
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  • Your rights and responsibilities
    • Right of entry
    • Industrial action
    • Coercion
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    • Discrimination
    • Unlawful pickets
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    • Independent contractors
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  • Your rights and responsibilities
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