Appendix B: BCIIP Act Annual Report
Introduction
Section 20 of the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act) requires the Australian Building and Construction Commissioner to prepare and give to the Minister a report on the performance of the Commissioner’s functions and the exercise of the Commissioner’s powers during the financial year (BCIIP Act Annual Report).
The BCIIP Act Annual Report must include details of the matters set out in sections 20(2) and 20(3) of the BCIIP Act.
This annual report sets out the activities undertaken by the ABCC in the 2019–20 financial year, i.e. 1 July 2019 to 30 June 2020 (the reporting period).
Under the BCIIP Act, the ABCC must also produce a quarterly report for each three-month period beginning 1 July, 1 October, 1 January and 1 April. Each of these quarterly reports must be prepared and given to the Minister as soon as practicable after the end of each quarter.
In order to facilitate the prompt presentation of these reports to the Minister, the ABCC begins preparing the reports immediately after the end of each reporting period. This means that, on occasion, additional data is recorded on activities undertaken in a reporting period after that quarter’s report has been prepared.
Accordingly, the figures in this annual report may be different from those in the quarterly reports.
Methodology
The internal cost allocated to investigations and court proceedings in this report are derived from a tailored, activity-based costing module within the ABCC’s case management system.
External legal costs are obtained from the ABCC’s financial management system and have been calculated using standard accrual accounting practices. This is a change in methodology from reports tabled in 2018-19, which were calculated based on the period for which the services were provided.
Performance of functions and exercise of powers
Matters investigated
In the reporting period, the ABCC had 224 open investigations.
Table B1 shows the breakdown of these open investigations by the main allegation being investigated. Table B2 shows the approximate internal cost of each of these investigations.
Main allegation | Number of investigations |
Right of entry | 65 |
Wages and entitlements | 58 |
Coercion | 33 |
Unlawful industrial action | 26 |
Freedom of association | 25 |
Sham contracting | 8 |
Unlawful picketing | 4 |
Non-compliance with notices | 3 |
Misrepresentation of workplace rights | 1 |
Discrimination | 1 |
Total | 224 |
Ref | Main allegation | Internal cost |
31833 | Wages and entitlements | $6,883 |
34575 | Sham contracting | $865 |
35007 | Freedom of association | $3,573 |
35059 | Wages and entitlements | $7,389 |
35083 | Right of entry | $117 |
35100 | Right of entry | $10,637 |
35407 | Right of entry | $0 |
35410 | Right of entry | $563 |
35718 | Right of entry | $802 |
35736 | Right of entry | $1,092 |
35913 | Right of entry | $5,770 |
36032 | Coercion | $12,173 |
36254 | Right of entry | $867 |
36293 | Right of entry | $693 |
36320 | Right of entry | $14,201 |
36342 | Wages and entitlements | $5,333 |
36695 | Sham contracting | $354 |
37076 | Wages and entitlements | $659 |
37247 | Unlawful industrial action | $10,534 |
37267 | Unlawful industrial action | $1,482 |
37338 | Wages and entitlements | $1,826 |
37461 | Right of entry | $5,927 |
37623 | Unlawful picketing | $15,101 |
38016 | Coercion | $6,027 |
38108 | Coercion | $7,038 |
38148 | Right of entry | $12 |
38834 | Wages and entitlements | $2,377 |
38986 | Right of entry | $8,296 |
39131 | Wages and entitlements | $22,364 |
39293 | Wages and entitlements | $254 |
39368 | Coercion | $220 |
39471 | Freedom of association | $6,605 |
39772 | Unlawful industrial action | $778 |
39821 | Sham contracting | $2,186 |
39867 | Unlawful industrial action | $172 |
39951 | Coercion | $6,123 |
40125 | Right of entry | $10,403 |
40365 | Coercion | $5,075 |
40448 | Right of entry | $7,178 |
40487 | Freedom of association | $6,733 |
40496 | Sham contracting | $7,380 |
40625 | Unlawful industrial action | $1,240 |
40765 | Coercion | $168 |
40818 | Right of entry | $7,058 |
40847 | Unlawful industrial action | $2,713 |
40904 | Right of entry | $8,607 |
41026 | Non-compliance with notices | $2,047 |
41097 | Wages and entitlements | $7,871 |
41235 | Freedom of association | $22,361 |
41329 | Coercion | $887 |
41436 | Wages and entitlements | $23,624 |
41454 | Coercion | $4,326 |
41506 | Unlawful industrial action | $15,142 |
41571 | Unlawful industrial action | $370 |
41591 | Right of entry | $31,235 |
41599 | Coercion | $4,783 |
41656 | Right of entry | $26,322 |
41671 | Right of entry | $4,566 |
41759 | Right of entry | $2,194 |
41776 | Coercion | $11,974 |
41807 | Coercion | $545 |
41846 | Unlawful industrial action | $595 |
42010 | Wages and entitlements | $16,031 |
42146 | Unlawful picketing | $17,321 |
42148 | Right of entry | $1,047 |
42176 | Right of entry | $14,873 |
42179 | Wages and entitlements | $2,440 |
42286 | Unlawful industrial action | $1,922 |
42296 | Coercion | $1,227 |
42308 | Right of entry | $851 |
42479 | Wages and entitlements | $1,158 |
42485 | Freedom of association | $6,782 |
42491 | Unlawful industrial action | $2,425 |
42507 | Wages and entitlements | $1,489 |
42558 | Wages and entitlements | $1,899 |
42559 | Unlawful industrial action | $3,394 |
42568 | Right of entry | $1,467 |
42572 | Freedom of association | $4,001 |
42617 | Non-compliance with notices | $1,230 |
42652 | Right of entry | $5,145 |
42660 | Unlawful industrial action | $24,713 |
42669 | Right of entry | $2,284 |
42701 | Right of entry | $7,237 |
42757 | Coercion | $10,266 |
42789 | Non-compliance with notices | $2,315 |
42823 | Right of entry | $7,132 |
42873 | Wages and entitlements | $2,862 |
42908 | Wages and entitlements | $2,859 |
42943 | Coercion | $1,495 |
42944 | Right of entry | $25,168 |
42980 | Wages and entitlements | $26,921 |
43009 | Wages and entitlements | $1,380 |
43068 | Freedom of association | $842 |
43100 | Unlawful industrial action | $15,835 |
43148 | Right of entry | $565 |
43158 | Freedom of association | $4,683 |
43203 | Wages and entitlements | $859 |
43232 | Wages and entitlements | $2,191 |
43250 | Right of entry | $12,186 |
43298 | Freedom of association | $8,306 |
43301 | Right of entry | $4,870 |
43321 | Freedom of association | $3,182 |
43376 | Wages and entitlements | $1,098 |
43392 | Coercion | $10,766 |
43405 | Coercion | $6,952 |
43463 | Freedom of association | $22,199 |
43557 | Unlawful industrial action | $1,494 |
43607 | Coercion | $37,578 |
43608 | Sham contracting | $1,692 |
43637 | Sham contracting | $4,148 |
43677 | Unlawful industrial action | $2,253 |
43690 | Right of entry | $1,214 |
43786 | Freedom of association | $5,049 |
43802 | Right of entry | $338 |
43856 | Wages and entitlements | $1,844 |
43861 | Coercion | $447 |
43909 | Freedom of association | $2,466 |
43951 | Wages and entitlements | $3,499 |
43961 | Discrimination | $1,512 |
43968 | Coercion | $5,231 |
43991 | Wages and entitlements | $1,101 |
44024 | Unlawful picketing | $20,186 |
44027 | Sham contracting | $867 |
44094 | Right of entry | $4,222 |
44137 | Right of entry | $11,452 |
44180 | Coercion | $1,899 |
44276 | Freedom of association | $1,760 |
44311 | Wages and entitlements | $967 |
44460 | Coercion | $14,884 |
44510 | Unlawful industrial action | $3,669 |
44606 | Wages and entitlements | $817 |
44731 | Unlawful industrial action | $24,854 |
44754 | Wages and entitlements | $1,987 |
44815 | Sham contracting | $2,609 |
44819 | Freedom of association | $16,249 |
44828 | Right of entry | $20,760 |
44890 | Right of entry | $7,659 |
45034 | Wages and entitlements | $2,263 |
45132 | Wages and entitlements | $543 |
45134 | Wages and entitlements | $2,756 |
45138 | Right of entry | $1,866 |
45181 | Wages and entitlements | $648 |
45224 | Wages and entitlements | $4,127 |
45240 | Wages and entitlements | $1,773 |
45283 | Right of entry | $1,552 |
45297 | Wages and entitlements | $1,001 |
45301 | Unlawful industrial action | $8,429 |
45324 | Right of entry | $618 |
45338 | Unlawful industrial action | $10,613 |
45565 | Right of entry | $8,708 |
45656 | Freedom of association | $4,020 |
45668 | Wages and entitlements | $2,146 |
45681 | Wages and entitlements | $4,346 |
45820 | Freedom of association | $3,476 |
45851 | Right of entry | $14,475 |
45868 | Wages and entitlements | $515 |
45935 | Freedom of association | $4,534 |
45991 | Wages and entitlements | $2,854 |
45992 | Wages and entitlements | $1,383 |
45998 | Wages and entitlements | $1,413 |
46036 | Coercion | $2,364 |
46039 | Freedom of association | $1,976 |
46041 | Right of entry | $1,375 |
46047 | Wages and entitlements | $3,649 |
46052 | Unlawful industrial action | $2,824 |
46056 | Freedom of association | $2,486 |
46068 | Coercion | $16,202 |
46104 | Unlawful industrial action | $10,634 |
46145 | Wages and entitlements | $1,089 |
46165 | Right of entry | $4,271 |
46205 | Coercion | $6,958 |
46207 | Unlawful picketing | $9,350 |
46278 | Misrepresentation of workplace rights | $4,002 |
46282 | Wages and entitlements | $2,514 |
46283 | Wages and entitlements | $563 |
46290 | Right of entry | $951 |
46357 | Wages and entitlements | $2,046 |
46452 | Wages and entitlements | $958 |
46509 | Wages and entitlements | $696 |
46510 | Wages and entitlements | $886 |
46533 | Right of entry | $3,552 |
46606 | Right of entry | $2,057 |
46636 | Wages and entitlements | $1,516 |
46656 | Coercion | $8,648 |
46672 | Right of entry | $5,272 |
46730 | Unlawful industrial action | $9,399 |
46778 | Right of entry | $1,591 |
46786 | Unlawful industrial action | $4,898 |
46788 | Coercion | $3,589 |
46797 | Right of entry | $6,785 |
46799 | Right of entry | $9,074 |
46817 | Wages and entitlements | $2,290 |
46820 | Freedom of association | $2,694 |
46835 | Right of entry | $2,391 |
46858 | Right of entry | $3,781 |
46861 | Right of entry | $14,239 |
46879 | Wages and entitlements | $2,317 |
46891 | Right of entry | $2,871 |
46922 | Freedom of association | $9,767 |
46935 | Right of entry | $3,649 |
47059 | Wages and entitlements | $1,988 |
47183 | Coercion | $12,457 |
47185 | Unlawful industrial action | $4,585 |
47230 | Freedom of association | $3,346 |
47243 | Right of entry | $6,648 |
47252 | Right of entry | $8,541 |
47312 | Right of entry | $7,139 |
47421 | Wages and entitlements | $475 |
47449 | Wages and entitlements | $703 |
47526 | Coercion | $1,874 |
47549 | Coercion | $2,518 |
47550 | Right of entry | $2,604 |
47579 | Right of entry | $2,517 |
47584 | Wages and entitlements | $1,276 |
47621 | Coercion | $1,019 |
47624 | Freedom of association | $1,454 |
47767 | Right of entry | $738 |
47794 | Coercion | $1,351 |
47810 | Unlawful industrial action | $2,500 |
47827 | Coercion | $192 |
47849 | Wages and entitlements | $534 |
47891 | Wages and entitlements | $170 |
47950 | Freedom of association | $1,615 |
48065 | Right of entry | $797 |
Assistance and advice
The ABCC provided assistance and advice by responding to 5,514 enquiries.
Table B3 shows these enquiries by main topic and the category of the enquirer.
Main topic | Building industry participant | Member of the public | Government | Law enforcement agency | Total |
Code | 2,528 | 152 | 136 | 1 | 2,817 |
Code assessment | 952 | 33 | 13 | 0 | 998 |
General code information | 632 | 48 | 60 | 0 | 740 |
Code advice | 479 | 51 | 57 | 1 | 588 |
Security of payments | 405 | 14 | 4 | 0 | 423 |
Notice of code breach | 29 | 1 | 0 | 0 | 30 |
s.6B general advice | 9 | 1 | 1 | 0 | 11 |
s.6A general advice | 6 | 3 | 1 | 0 | 10 |
s.6B application | 9 | 0 | 0 | 0 | 9 |
s.6A application | 6 | 0 | 0 | 0 | 6 |
State code information | 1 | 1 | 0 | 0 | 2 |
Workplace laws - building work | 957 | 69 | 53 | 2 | 1,081 |
Wages and entitlements | 418 | 28 | 8 | 0 | 454 |
Right of entry | 260 | 17 | 33 | 0 | 310 |
Freedom of association | 82 | 10 | 1 | 0 | 93 |
Coercion | 76 | 8 | 3 | 1 | 88 |
Unlawful industrial action | 74 | 1 | 7 | 1 | 83 |
Sham contracting | 25 | 2 | 0 | 0 | 27 |
Misrepresentation of workplace rights | 11 | 2 | 1 | 0 | 14 |
Discrimination | 5 | 0 | 0 | 0 | 5 |
Strike pay | 4 | 0 | 0 | 0 | 4 |
Unlawful picketing | 2 | 1 | 0 | 0 | 3 |
Other laws | 217 | 680 | 8 | 0 | 905 |
Agency information and activities | 205 | 184 | 39 | 1 | 429 |
Not relevant to the building industry | 24 | 162 | 2 | 0 | 188 |
Workplace laws – non-building work | 41 | 53 | 0 | 0 | 94 |
Total | 3,972 | 1,300 | 238 | 4 | 5,514 |
Building code compliance
In the reporting period, the ABCC finalised 160 audits and 171 inspections to monitor compliance with the Code for the Tendering and Performance of Building Work 2016 (Building Code 2016) and the Building Code 2013.
Table B4 shows the outcomes of all building code audits finalised. Table B5 shows the outcomes of all building code inspections finalised.
Potential issues were identified in 106 building code audits, with contractors committed to rectification in most instances.
An additional 92 building code audits were commenced but not finalised.
Outcome of audit | Total |
No issues | 54 |
Potential issues | 106 |
Total | 160 |
Outcome of inspection | Total |
No issues | 101 |
Potential issues | 70 |
Total | 171 |
Matters investigated in relation to building employers
The conduct of employers was the subject of investigation in 107 matters.1
Table B6 shows the breakdown of these investigations by the main allegation being investigated. Table B7 shows the approximate internal cost of each of these investigations.
Main allegation | Number of investigations |
Wages and entitlements | 57 |
Freedom of association | 13 |
Right of entry | 9 |
Coercion | 9 |
Sham contracting | 8 |
Unlawful industrial action | 6 |
Unlawful picketing | 2 |
Misrepresentation of workplace rights | 1 |
Discrimination | 1 |
Non-compliance with notices | 1 |
Total | 107 |
Ref | Main allegation | Internal cost |
31833 | Wages and entitlements | $6,883 |
34575 | Sham contracting | $865 |
35007 | Freedom of association | $3,573 |
35059 | Wages and entitlements | $7,389 |
36342 | Wages and entitlements | $5,333 |
36695 | Sham contracting | $354 |
37076 | Wages and entitlements | $659 |
37338 | Wages and entitlements | $1,826 |
38834 | Wages and entitlements | $2,377 |
39131 | Wages and entitlements | $22,364 |
39293 | Wages and entitlements | $254 |
39471 | Freedom of association | $6,605 |
39821 | Sham contracting | $2,186 |
39867 | Unlawful industrial action | $172 |
40365 | Coercion | $5,075 |
40448 | Right of entry | $7,178 |
40496 | Sham contracting | $7,380 |
40765 | Coercion | $168 |
41097 | Wages and entitlements | $7,871 |
41235 | Freedom of association | $22,361 |
41436 | Wages and entitlements | $23,624 |
41807 | Coercion | $545 |
42010 | Wages and entitlements | $16,031 |
42146 | Unlawful picketing | $17,321 |
42179 | Wages and entitlements | $2,440 |
42286 | Unlawful industrial action | $1,922 |
42308 | Right of entry | $851 |
42479 | Wages and entitlements | $1,158 |
42485 | Freedom of association | $6,782 |
42491 | Unlawful industrial action | $2,425 |
42507 | Wages and entitlements | $1,489 |
42558 | Wages and entitlements | $1,899 |
42559 | Unlawful industrial action | $3,394 |
42572 | Freedom of association | $4,001 |
42757 | Coercion | $10,266 |
42789 | Non-compliance with notices | $2,315 |
42873 | Wages and entitlements | $2,862 |
42908 | Wages and entitlements | $2,859 |
42943 | Coercion | $1,495 |
42980 | Wages and entitlements | $26,921 |
43009 | Wages and entitlements | $1,380 |
43232 | Wages and entitlements | $2,191 |
43298 | Freedom of association | $8,306 |
43321 | Freedom of association | $3,182 |
43376 | Wages and entitlements | $1,098 |
43463 | Freedom of association | $22,199 |
43607 | Coercion | $37,578 |
43608 | Sham contracting | $1,692 |
43637 | Sham contracting | $4,148 |
43856 | Wages and entitlements | $1,844 |
43861 | Coercion | $447 |
43909 | Freedom of association | $2,466 |
43951 | Wages and entitlements | $3,499 |
43961 | Discrimination | $1,512 |
43968 | Coercion | $5,231 |
43991 | Wages and entitlements | $1,101 |
44024 | Unlawful picketing | $20,186 |
44027 | Sham contracting | $867 |
44094 | Right of entry | $4,222 |
44311 | Wages and entitlements | $967 |
44606 | Wages and entitlements | $817 |
44754 | Wages and entitlements | $1,987 |
44815 | Sham contracting | $2,609 |
45034 | Wages and entitlements | $2,263 |
45132 | Wages and entitlements | $543 |
45134 | Wages and entitlements | $2,756 |
45138 | Right of entry | $1,866 |
45181 | Wages and entitlements | $648 |
45224 | Wages and entitlements | $4,127 |
45240 | Wages and entitlements | $1,773 |
45283 | Right of entry | $1,552 |
45297 | Wages and entitlements | $1,001 |
45324 | Right of entry | $618 |
45656 | Freedom of association | $4,020 |
45668 | Wages and entitlements | $2,146 |
45681 | Wages and entitlements | $4,346 |
45820 | Freedom of association | $3,476 |
45868 | Wages and entitlements | $515 |
45991 | Wages and entitlements | $2,854 |
45992 | Wages and entitlements | $1,383 |
45998 | Wages and entitlements | $1,413 |
46039 | Freedom of association | $1,976 |
46047 | Wages and entitlements | $3,649 |
46104 | Unlawful industrial action | $10,634 |
46145 | Wages and entitlements | $1,089 |
46278 | Misrepresentation of workplace rights | $4,002 |
46282 | Wages and entitlements | $2,514 |
46283 | Wages and entitlements | $563 |
46357 | Wages and entitlements | $2,046 |
46452 | Wages and entitlements | $958 |
46509 | Wages and entitlements | $696 |
46510 | Wages and entitlements | $886 |
46636 | Wages and entitlements | $1,516 |
46730 | Unlawful industrial action | $9,399 |
46817 | Wages and entitlements | $2,290 |
46835 | Right of entry | $2,391 |
46879 | Wages and entitlements | $2,317 |
46922 | Freedom of association | $9,767 |
46935 | Right of entry | $3,649 |
47059 | Wages and entitlements | $1,988 |
47421 | Wages and entitlements | $475 |
47449 | Wages and entitlements | $703 |
47526 | Coercion | $1,874 |
47584 | Wages and entitlements | $1,276 |
47849 | Wages and entitlements | $534 |
47891 | Wages and entitlements | $170 |
48065 | Right of entry | $797 |
Employers were a complainant in 130 open investigations. Table B8 shows the breakdown of those investigations by the main allegation being investigated. Table B9 shows the approximate internal cost of each investigation.
Main allegation | Number of investigations |
Right of entry | 52 |
Coercion | 24 |
Unlawful industrial action | 22 |
Freedom of association | 17 |
Wages and entitlements | 7 |
Unlawful picketing | 3 |
Sham contracting | 3 |
Non-compliance with notices | 1 |
Misrepresentation of workplace rights | 1 |
Total | 130 |
Ref | Main allegation | Internal cost |
35083 | Right of entry | $117 |
35100 | Right of entry | $10,637 |
35407 | Right of entry | $0 |
35410 | Right of entry | $563 |
35718 | Right of entry | $802 |
35736 | Right of entry | $1,092 |
35913 | Right of entry | $5,770 |
36254 | Right of entry | $867 |
36293 | Right of entry | $693 |
36320 | Right of entry | $14,201 |
37461 | Right of entry | $5,927 |
38016 | Coercion | $6,027 |
38108 | Coercion | $7,038 |
38148 | Right of entry | $12 |
38986 | Right of entry | $8,296 |
39471 | Freedom of association | $6,605 |
39772 | Unlawful industrial action | $778 |
39821 | Sham contracting | $2,186 |
39867 | Unlawful industrial action | $172 |
39951 | Coercion | $6,123 |
40125 | Right of entry | $10,403 |
40365 | Coercion | $5,075 |
40487 | Freedom of association | $6,733 |
40625 | Unlawful industrial action | $1,240 |
40765 | Coercion | $168 |
40818 | Right of entry | $7,058 |
40847 | Unlawful industrial action | $2,713 |
40904 | Right of entry | $8,607 |
41026 | Non-compliance with notices | $2,047 |
41235 | Freedom of association | $22,361 |
41506 | Unlawful industrial action | $15,142 |
41571 | Unlawful industrial action | $370 |
41591 | Right of entry | $31,235 |
41599 | Coercion | $4,783 |
41671 | Right of entry | $4,566 |
41759 | Right of entry | $2,194 |
41776 | Coercion | $11,974 |
41807 | Coercion | $545 |
41846 | Unlawful industrial action | $595 |
42146 | Unlawful picketing | $17,321 |
42148 | Right of entry | $1,047 |
42176 | Right of entry | $14,873 |
42286 | Unlawful industrial action | $1,922 |
42296 | Coercion | $1,227 |
42308 | Right of entry | $851 |
42485 | Freedom of association | $6,782 |
42491 | Unlawful industrial action | $2,425 |
42559 | Unlawful industrial action | $3,394 |
42568 | Right of entry | $1,467 |
42572 | Freedom of association | $4,001 |
42660 | Unlawful industrial action | $24,713 |
42669 | Right of entry | $2,284 |
42701 | Right of entry | $7,237 |
42823 | Right of entry | $7,132 |
42943 | Coercion | $1,495 |
42944 | Right of entry | $25,168 |
43148 | Right of entry | $565 |
43158 | Freedom of association | $4,683 |
43203 | Wages and entitlements | $859 |
43250 | Right of entry | $12,186 |
43298 | Freedom of association | $8,306 |
43301 | Right of entry | $4,870 |
43321 | Freedom of association | $3,182 |
43376 | Wages and entitlements | $1,098 |
43392 | Coercion | $10,766 |
43405 | Coercion | $6,952 |
43463 | Freedom of association | $22,199 |
43557 | Unlawful industrial action | $1,494 |
43607 | Coercion | $37,578 |
43637 | Sham contracting | $4,148 |
43677 | Unlawful industrial action | $2,253 |
43690 | Right of entry | $1,214 |
43786 | Freedom of association | $5,049 |
43802 | Right of entry | $338 |
43861 | Coercion | $447 |
43909 | Freedom of association | $2,466 |
43968 | Coercion | $5,231 |
44024 | Unlawful picketing | $20,186 |
44027 | Sham contracting | $867 |
44137 | Right of entry | $11,452 |
44311 | Wages and entitlements | $967 |
44460 | Coercion | $14,884 |
44510 | Unlawful industrial action | $3,669 |
44606 | Wages and entitlements | $817 |
44819 | Freedom of association | $16,249 |
44828 | Right of entry | $20,760 |
44890 | Right of entry | $7,659 |
45240 | Wages and entitlements | $1,773 |
45301 | Unlawful industrial action | $8,429 |
45324 | Right of entry | $618 |
45338 | Unlawful industrial action | $10,613 |
45565 | Right of entry | $8,708 |
45656 | Freedom of association | $4,020 |
45851 | Right of entry | $14,475 |
45935 | Freedom of association | $4,534 |
46036 | Coercion | $2,364 |
46052 | Unlawful industrial action | $2,824 |
46056 | Freedom of association | $2,486 |
46068 | Coercion | $16,202 |
46104 | Unlawful industrial action | $10,634 |
46165 | Right of entry | $4,271 |
46207 | Unlawful picketing | $9,350 |
46278 | Misrepresentation of workplace rights | $4,002 |
46290 | Right of entry | $951 |
46357 | Wages and entitlements | $2,046 |
46533 | Right of entry | $3,552 |
46656 | Coercion | $8,648 |
46730 | Unlawful industrial action | $9,399 |
46786 | Unlawful industrial action | $4,898 |
46788 | Coercion | $3,589 |
46797 | Right of entry | $6,785 |
46835 | Right of entry | $2,391 |
46858 | Right of entry | $3,781 |
46861 | Right of entry | $14,239 |
46891 | Right of entry | $2,871 |
46922 | Freedom of association | $9,767 |
47183 | Coercion | $12,457 |
47185 | Unlawful industrial action | $4,585 |
47243 | Right of entry | $6,648 |
47252 | Right of entry | $8,541 |
47312 | Right of entry | $7,139 |
47449 | Wages and entitlements | $703 |
47550 | Right of entry | $2,604 |
47579 | Right of entry | $2,517 |
47621 | Coercion | $1,019 |
47767 | Right of entry | $738 |
47794 | Coercion | $1,351 |
47810 | Unlawful industrial action | $2,500 |
47827 | Coercion | $192 |
47950 | Freedom of association | $1,615 |
Proceedings commenced
In the reporting period, the ABCC commenced 14 court proceedings and intervened in one court proceeding.
Table B10 provides the approximate internal legal cost for each of the 14 court proceedings and the category of the respondents.
Table B11 provides the approximate internal legal cost for the intervened court proceeding.
Case | Case name | Category of respondent | Number of respondents | Internal legal cost |
BRG344/2020 | Australian Building and Construction Commissioner v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia & Anor (The Hedge Project) | Building association | 1 | $5,770 |
Building association representative | 1 | |||
BRG365/2020 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors (Boggo Road Site) | Building association | 1 | $14,239 |
Building association representative | 3 | |||
BRG864/2019 | Australian Building and Construction Commissioner v Jason Bray & Ors | Employee | 64 | $10,534 |
NSD1792/2019 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors (WGC Crane Group) | Building association | 1 | $7,038 |
Building association representative | 7 | |||
NSD2057/2019 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors (Kiama Aged Care Centre of Excellence) | Building association | 1 | $8,296 |
Building association representative | 3 | |||
NSD2137/2019 | Australian Building and Construction Commissioner v Brendan Holl & Ors (Wheeler Cranes) | Building association | 1 | $6,027 |
Building association representative | 3 | |||
QUD194/2020 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors (Logan Enhancement Project) | Building association | 1 | $10,637 |
Building association representative | 6 | |||
QUD614/2019 | Australian Building and Construction Commissioner v James Fissenden & Anor (Sunshine Plaza) | Building association | 1 | $6,733 |
Building association representative | 1 | |||
QUD656/2019 | Australian Building and Construction Commissioner v Te Aranui Albert & Ors (CR2SM) | Building association | 1 | $14,201 |
Building association representative | 3 | |||
SAD60/2020 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors (Adelaide Airport Terminal) | Building association | 1 | $31,235 |
Building association representative | 9 | |||
SYG1018/2020 | Australian Building and Construction Commissioner v Simon Gutierrez & Ors (WestConnex (New M5)) | Building association | 1 | $10,403 |
Building association representative | 2 | |||
SYG1031/2020* | Australian Building and Construction Commissioner v Dean Rielly & Ors (Coffs Harbour Pre-cast Facility) | Building association | 1 | $5,075 |
Building association representative | 2 | |||
TAD15/2020 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors (Elizabeth Street) | Building association | 1 | $26,322 |
Building association representative | 2 | |||
WAD41/2020 | Australian Building and Construction Commissioner v Tyrone Construction Services Pty Ltd & Anor (Skypark) | Employer (organisation) | 1 | $17,321 |
Employer (individual) | 1 |
* Previously reported as NSD21976/2019 in Q2.
Case number | Case name | Jurisdiction | Internal legal cost |
VID429/2019 | Construction, Forestry, Maritime, Mining and Energy Union v McConnell Dowell Constructors (Aust) Pty Ltd & Ors | Federal Court | $1,162 |
The ABCC filed an appeal in one proceeding. Table B12 shows the approximate internal legal cost for this proceeding.
Case number | Case name | Jurisdiction | Internal legal cost |
WAD383/2019 | Australian Building and Construction Commissioner v Walter Molina & Anor (Perth Stadium) | Full Court of the Federal Court | $6,700 |
Five appeals were filed against the ABCC. Table B13 shows the approximate internal legal cost for this proceeding.
Case number | Case name | Jurisdiction | Internal legal cost |
VID1220/2019 | Construction, Forestry, Maritime, Mining and Energy Union & Anor v Australian Building and Construction Commissioner (Monash Peninsula) | Full Court of the Federal Court | $9,727 |
QUD712/2019 | Construction, Forestry, Maritime, Mining and Energy Union & Ors v Australian Building and Construction Commissioner & Anor (Bruce Highway Caloundra to Sunshine Upgrade Case) | Full Court of the Federal Court | $2,171 |
VID1341/2019 | Construction, Forestry, Maritime, Mining and Energy Union & Ors v Australian Building and Construction Commissioner (Bay Street Case) | Full Court of the Federal Court | $9,356 |
VID431/2020 | Construction, Forestry, Maritime, Mining and Energy Union & Ors v Australian Building and Construction Commissioner (College Crescent Case) | Full Court of the Federal Court | $335 |
VID233/2020 | Tadic & Anor v Australian Building and Construction Commissioner (Castlemaine Police Station Case No. 2) | Full Court of the Federal Court | $3,509 |
The ABCC intervened in 10 proceedings in the Fair Work Commission. Table B14 provides the details of each proceeding and approximate internal legal cost.
Case number | Type of proceedings | Name | Internal legal cost |
C2019/7475 | Appeal of decision on application for entry permit | Paul McAleer | $3,375 |
RE2019/1025 | Application for entry permit | Joshua Bolitho | $1,339 |
RE2019/1074 | Application for entry permit | Zachary Smith | $1,472 |
RE2019/1101 | Application for entry permit | Scott Vink | $1,805 |
RE2019/1102 | Application to revoke or suspend entry permit | Blake Hynes | $8,017 |
RE2019/1200 | Application for entry permit | Christopher Cain | $1,472 |
RE2019/859 | Application for entry permit | Michael Smith | $2,677 |
RE2019/940 | Application for entry permit | Darren Greenfield | $2,480 |
RE2020/207 and RE2020/214 | Application for entry permit | Michael Greenfield | $3,346 |
RE2020/65* | Application for entry permit | Roland Cummins | $611 |
* Intervention filed in Q3. Not previously reported.
An appeal was commenced in a matter in which the ABCC had earlier intervened in the Fair Work Commission. Table B15 provides the details of this proceeding and approximate internal legal cost.
Case number | Type of proceedings | Name | Internal legal cost |
C2020/461 | Appeal of decision to revoke or suspend entry permit | Blake Hynes | $5,304 |
Number and cost of proceedings finalised
In the reporting period, the ABCC finalised its involvement in 22 court proceedings. Table B16 shows the internal and external legal cost for each proceeding. The costs were incurred after 2 December 2016.
Case number | Case name | External legal cost | Internal legal cost |
VID123/2019 | Australian Building and Construction Commissioner v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (known as the Australian Manufacturing Workers’ Union) & Ors [2020] FCA 404 (NewCold) | $69,306 | $41,131 |
PEG502/2018 | Australian Building and Construction Commissioner v Big Li Ceiling Pty Ltd & Anor | $58,458 | $19,647 |
VID955/2015 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Anor (Castlemaine Police Station Case No. 2) [2020] FCA 202 | $398,689 | $18,415 |
VID494/2016 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Geelong Grammar School Case) (No. 2) [2019] FCA 1498 | $144,518 | $14,445 |
VID458/2016 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors (Aldi Altona North Case) (No. 2) [2019] FCA 1667 | $183,878 | $17,350 |
VID167/2016 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors (Bay Street Case) (No. 2) [2019] FCA 1859 | $246,253 | $16,671 |
SYG332/2016 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors (No. 7) [2020] FCCA 351 (DMG) | $1,103,283 | $83,544 |
NSD474/2019 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors [2020] FCA 549 (Mezzo Stage 2) | $195,201 | $31,507 |
VID515/2018 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors (NewCold Picket Case) [2019] FCA 2038 | $84,322 | $36,483 |
SYG1132/2015 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors (No. 2) [2019] FCCA 3623 (Reds Global) | $335,756 | $5,971 |
VID523/2014 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Syme Library Case) (No. 2) [2019] FCA 1555 | $580,579 | $9,834 |
VID881/2017 | Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union & Ors (College Crescent Case) [2020] FCA 757 | $183,063 | $27,176 |
SYG3426/2014 | Australian Building and Construction Commissioner v Luke Collier & Ors [2019] FCCA 650 (Barangaroo Headland Park) | $130,272 | $6,840 |
BRG773/2015 | Australian Building and Construction Commissioner v Devine Constructions Pty Ltd & Ors [2019] FCCA 2712 | $272,098 | $2,332 |
BRG151/2016 | Australian Building and Construction Commissioner v Forest Meiers Construction Pty Ltd & Anor (No. 2) [2019] FCCA 2663 | $19,123 | $2,611 |
TAD17/2019 | Australian Building and Construction Commissioner v Richard Hassett & Anor [2020] FCA 498 (Castle Hill Wind Farm) | $20,317 | $20,112 |
BRG34/2019 | Australian Building and Construction Commissioner v Blake Hynes & Anor [2019] FCCA 3145 (Logan Enhancement Project) | $85,925 | $13,556 |
SAD39/2016 | Australian Building and Construction Commissioner v Michael McDermott & Ors (No. 2) [2018] FCA 1611 (South Terrace) | $293,929 | $18,748 |
WAD393/2017 | Australian Building and Construction Commissioner v Walter Molina & Anor (No. 2) [2019] FCA 1014 (Perth Stadium) | $204,998 | $34,229 |
BRG1165/2014 | Australian Building and Construction Commissioner v Michael Myles & Ors (No. 2) [2019] FCCA 1932 (John Holland No. 3) | $227,694 | $5,450 |
VID229/2019 | Australian Building and Construction Commissioner v Kevin Pattinson & Anor [2019] FCA 1654 (Monash Peninsula) | $42,326 | $14,283 |
MLG3942/2019 | Australian Building and Construction Commissioner v SWAT Building Systems Pty Ltd (In Liq) & Anor [2020] FCCA 1360 | $136,958 | $34,321 |
Four appeal decisions were delivered that relate to previously finalised matters. Table B17 shows the internal and external legal cost for these appeal decisions.
Case number | Case name | External legal cost | Internal legal cost |
B26/2019 | Australian Building and Construction Commissioner v. Construction, Forestry, Maritime, Mining and Energy Union & Ors [2019] HCASL 259 (Nine Brisbane Sites) | $139,786 | $1,929 |
WAD383/2019 | Australian Building and Construction Commissioner v Walter Molina & Anor [2020] FCAFC 97 (Perth Stadium) | $73,371 | $6,700 |
TAD26/2019 | Construction, Forestry, Maritime, Mining and Energy Union & Anor v Australian Building and Construction Commissioner [2019] FCAFC 201 (Living City) | $53,999 | $10,836 |
NSD2247/2018 | Construction, Forestry, Maritime, Mining and Energy Union & Ors v Australian Building and Construction Commissioner (The BKH Contractors Appeal) [2020] FCAFC 9 | $24,103 | $2,343 |
The ABCC finalised its involvement in 11 proceedings in the Fair Work Commission. Table B18 shows the total external and internal legal cost for each proceeding. The costs listed were incurred after 2 December 2016.
Case number | Type | Name | External legal cost | Internal legal cost |
C2019/7475 | Appeal of decision on application for entry permit | Paul McAleer | $13,095 | $3,375 |
RE2018/1350 | Application for entry permit | Douglas Heath | $19,304 | $1,767 |
RE2018/1387 | Application for entry permit | Daniel Cain | $19,304 | $1,931 |
RE2018/1439 | Application to revoke or suspend entry permit | Kenneth Miller | $0 | $149 |
RE2019/1101 | Application for entry permit | Scott Vink | $0 | $1,805 |
RE2019/1102 | Application to revoke or suspend entry permit | Blake Hynes | $6,625 | $8,027 |
RE2019/1200 | Application for entry permit | Christopher Cain | $0 | $1,472 |
RE2019/361 | Application for entry permit | Mikel Dacko | $0 | $1,071 |
RE2019/374 | Application for entry permit | Mark Travers | $0 | $1,038 |
RE2019/859 | Application for entry permit | Michael Smith | $0 | $2,677 |
RE2019/940 | Application for entry permit | Darren Greenfield | $2,611 | $2,480 |
The ABCC finalised its involvement in an appeal commenced in a matter in which the ABCC had earlier intervened in the Fair Work Commission. Table B19 shows the internal and external legal cost for these appeal decisions.
Case number | Type of proceedings | Name | External legal cost | Internal legal cost |
C2020/461 | Appeal of decision to revoke or suspend entry permit | Blake Hynes | $0 | $5,304 |
The ABCC finalised its involvement in three proceedings. Table B20 shows the internal and external legal cost for these appeal decisions.
Case number | Case name | External legal cost | Internal legal cost |
PEG480/2018 | Construction, Forestry, Maritime, Mining and Energy Union v Doric Contractors Pty Ltd & Ors | $210,262 | $8,589 |
ACD79/2016 | Construction, Forestry, Maritime, Mining and Energy Union v Milin Builders Pty Ltd & Ors [2019] FCA 1070 | $46,583 | $1,441 |
QUD508/2018 | Andrew Ramsay & Anor v Susan Menso & Ors [2019] FCA 1273 | $4,649 | $7,902 |
Legal expenses incurred as a result of enforcement action
In the reporting period, the ABCC incurred $4,325,230 in external legal expenses as a result of enforcement action undertaken in 99 matters.2
Details of industry conditions
In the reporting period, the ABCC received 318 complaints. Table B21 shows the breakdown of complaints received by the main topic discussed.
Main topic of complaint | Total |
Wages and entitlements | 69 |
Security of payments | 68 |
Right of entry | 62 |
Coercion | 44 |
Freedom of association | 41 |
Unlawful industrial action | 19 |
Sham contracting | 8 |
Misrepresentation of workplace rights | 4 |
Notice of code breach | 2 |
Code advice | 1 |
Total | 318 |
Compliance of products used in building work
Pursuant to section 25A(1)(b) of the Building Code 2016, a funding entity must ensure that, before a contract is entered into in respect of Commonwealth funded building work, the preferred tenderer provides information on whether the building materials to be used to undertake the building work comply with relevant Australian standards published by Standards Australia. Further, under section 26(8) of the Building Code 2016, a funding entity must only enter into a contract in respect of building work with a code covered entity that only uses products in building work that comply with the relevant Australian standards published by, or on behalf of, Standards Australia. During the reporting period, the ABCC identified one instance of non-compliance with section 26(8) of the Building Code 2016.
To help achieve compliance with these requirements during the reporting period, the ABCC ensured that government agencies and contractors had in place the appropriate model tender and contract clauses to implement the requirements, including through the supply chain. Funding entities provided notification forms about new projects to show that relevant clauses were included in contracts.
The ABCC proactively monitored compliance by funding entities with section 26(8) of the Building Code 2016. In the reporting period, the ABCC assessed funding entity compliance in four compliance activities, comprising one desktop audit and three field audits and inspections. These audits and inspections identified one instance where a funding entity was not compliant with the contractual requirement to use Australian Standard building products. The funding entity voluntarily rectified their non-compliance with section 26(8) of the Building Code 2016.
The ABCC’s model clauses for contractors enable them to pass their contractual requirement to use Australian Standard building products through the supply chain. The ABCC reviewed three head contractors for the use of the appropriate clause in their subcontracts and identified that all three had used the appropriate clause.
Examination notices issued
In the reporting period, the AAT issued 14 examination notices on the application of the ABC Commissioner. Table B22 shows the breakdown of examinations by main allegation.
Main topic | Notices issued |
Coercion | 1 |
Freedom of association | 3 |
Right of entry | 5 |
Unlawful industrial action | 5 |
Total | 14 |
Additional reporting
Directions given by Minister
During the reporting period, no directions were issued by the Minister to the Australian Building and Construction Commissioner under sections 17 or 18 of the BCIIP Act.
Delegations made by the Commissioner
On 20 September 2019, the Australian Building and Construction Commissioner made the following delegations:
I, Stephen John McBurney, Australian Building and Construction Commissioner, appointed under section 21 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCIIP Act), delegate my powers and functions under subsections 61E(3) and (4) and section 61F of the BCIIP Act to Matthew James Kelleher, Deputy ABC Commissioner Legal. This delegation is made pursuant to section 19 of the BCIIP Act.
I, Stephen John McBurney, Australian Building and Construction Commissioner appointed under section 21 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCIIP Act), acting under subsection 19(1) of the BCIIP Act delegate to each person from time to time holding, occupying or performing the duties of the positions identified in Column B of the following table, all the corresponding powers and/or functions specified in column A of the table.
No. | Function and/or power | Delegations |
Column A | Column B | |
Function of the ABC Commissioner | ||
1 | Promote the main object of the BCIIP Act in accordance with subsection 16(1)(aa) of the BCIIP Act. Monitor compliance and promote appropriate standards of conduct by building industry participants, including by:
Investigate suspected contraventions, by building industry participants, of the BCIIP Act, designated building laws or the Building Code in accordance with subsection 16(1)(b) of the BCIIP Act. Ensure building employers and building contractors comply with their obligations under the BCIIP Act, designated building laws and the Building Code in accordance with subsection 16(1)(ba) of the BCIIP Act. Provide assistance and advice to building industry participants regarding their rights and obligations under the BCIIP Act, designated building laws and the Building Code in accordance with subsection 16(1)(d) of the BCIIP Act. Disseminate information about the BCIIP Act, designated building laws and the Building Code, and about other matters affecting building industry participants, including disseminating information by facilitating ongoing discussions with building industry participants in accordance with subsection 16(1)(f) of the BCIIP Act. |
|
Consultants | ||
2 | Engage persons having suitable qualifications and experience as consultants to the ABC Commissioner in accordance with subsection 32 of the BCIIP Act. |
|
Building Code | ||
3 | Give written notice to a person who is required to comply with the Building Code in respect of particular building work in accordance with subsection 35(1) of the BCIIP Act. |
|
Examination notices | ||
4 | Give an examination notice to the person in relation to whom it is issued in accordance with subsection 61E(1) of the BCIIP Act. |
|
5 | Notify the Commonwealth Ombudsman that an examination notice has been issued and provide a copy of the examination notice, the affidavit that accompanied the application for the examination notice and any other information in relation to the examination notice that was given to the nominated AAT presidential member who issued the notice in accordance with section 64 of the BCIIP Act. |
|
6 | Give the Commonwealth Ombudsman a report, video recording and transcript of an examination of a person in accordance with subsection 65(1) of the BCIIP Act. |
|
Persons assisting authorised officers | ||
7 | Determine whether a person may accompany an authorised officer onto premises to assist the authorised officer in accordance with subsection 75(1) of the BCIIP Act. |
|
Disclosure of information | ||
8 | Disclose or authorise the disclosure of information in accordance with subsections 105(2), (3) and (4) of the BCIIP Act. |
|
Submissions | ||
9 | May intervene or make submissions in a matter before the Fair Work Commission in accordance with subsection 110(1) of the BCIIP Act. |
|
These delegations replace the delegations made on 11 July 2017 by the (then) Australian Building and Construction Commissioner, Nigel Clive Hadgkiss.
On 19 December 2019, the Australian Building and Construction Commissioner made the following delegations:
I, Stephen John McBurney, Australian Building and Construction Commissioner appointed under section 21 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCIIP Act), acting under subsection 19(1) of the BCIIP Act delegate to each person from time to time holding, occupying or performing the duties of the positions identified in Column B of the following table, all the corresponding powers and/or functions specified in column A of the table.
No. | Function and/or power | Delegations |
Column A | Column B | |
Function of the ABC Commissioner | ||
1 | Promote the main object of the BCIIP Act in accordance with subsection 16(1)(aa) of the BCIIP Act. Monitor compliance and promote appropriate standards of conduct by building industry participants, including by:
Investigate suspected contraventions, by building industry participants, of the BCIIP Act, designated building laws or the Building Code in accordance with subsection 16(1)(b) of the BCIIP Act. Ensure building employers and building contractors comply with their obligations under the BCIIP Act, designated building laws and the Building Code in accordance with subsection 16(1)(ba) of the BCIIP Act. Provide assistance and advice to building industry participants regarding their rights and obligations under the BCIIP Act, designated building laws and the Building Code in accordance with subsection 16(1)(d) of the BCIIP Act. Disseminate information about the BCIIP Act, designated building laws and the Building Code, and about other matters affecting building industry participants, including disseminating information by facilitating ongoing discussions with building industry participants in accordance with subsection 16(1)(f) of the BCIIP Act. |
|
Consultants | ||
2 | Engage persons having suitable qualifications and experience as consultants to the ABC Commissioner, including determining the terms and conditions of the engagement, in accordance with section 32 of the BCIIP Act. |
|
Building Code | ||
3 | Give written notice to a person who is required to comply with the Building Code in respect of particular building work in accordance with subsection 35(1) of the BCIIP Act. |
|
Examination notices | ||
4 | Give an examination notice to the person in relation to whom it is issued in accordance with subsection 61E(1) of the BCIIP Act. |
|
5 | Notify the Commonwealth Ombudsman that an examination notice has been issued and provide a copy of the examination notice, the affidavit that accompanied the application for the examination notice and any other information in relation to the examination notice that was given to the nominated AAT presidential member who issued the notice in accordance with section 64 of the BCIIP Act. |
|
6 | Give the Commonwealth Ombudsman a report, video recording and transcript of an examination of a person in accordance with subsection 65(1) of the BCIIP Act. |
|
Persons assisting authorised officers | ||
7 | Determine whether a person may accompany an authorised officer onto premises to assist the authorised officer in accordance with subsection 75(1) of the BCIIP Act. |
|
Disclosure of information | ||
8 | Disclose or authorise the disclosure of information in accordance with subsections 105(2), (3) and (4) of the BCIIP Act. |
|
Submissions | ||
9 | May intervene or make submissions in a matter before the Fair Work Commission in accordance with subsection 110(1) of the BCIIP Act. |
|
In accordance with subsection 19(3) of the BCIIP Act, all delegated functions or powers must be carried out or exercised in accordance with any direction I make from time to time.
These delegations replace the delegations made on 20 September 2019.
Visit
https://www.transparency.gov.au/annual-reports/australian-building-and-construction-commission/reporting-year/2019-20-37