Legislation

The ABCC is responsible for enforcing Commonwealth workplace relations legislation in the building and construction industry. These cover things like:

  • wages and entitlements;
  • unprotected industrial action;
  • freedom of association;
  • coercion;
  • discrimination;
  • sham arrangements;
  • right of entry.

Relevant legislation for the building industry is available below.

Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act)

Current

Previous

Fair Work Act 2009 (FW Act)

Independent Contractors Act 2006 (IC Act)

State Legislation

All states apart from Western Australia have referred their industrial relations powers to the Commonwealth. This means that the Fair Work Act 2009 now applies to all employers and employees in all states and territories except Western Australia.

The Commonwealth Constitution ensures that a Commonwealth law takes precedence over a state law to the extent that they are inconsistent. As a result, the Fair Work Act 2009 overrides some state industrial legislation which formerly used to apply to employers and employees.

In addition to the BCIIP Act, FW Act and IC Act, each state has its own industrial relations legislation.

Each state and territory also has its own workplace safety body for more information go to our Network of organisations page.

 

Need more information?

For further information, advice or assistance please contact the ABCC at 1800 003 338 or enquiry [at] abcc.gov.au.