Legislation

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

  • unprotected industrial action

  • freedom of association

  • coercion

  • right of entry.

Relevant legislation for the building industry is available below.

Fair Work (Building Industry) Act 2012

Current

Previous

Fair Work Act 2009

Independent Contractors Act 2006

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 FWBI 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.

CONTACT US

Hotline: 1800 003 338

7:00am - 5:00pm Monday to Friday

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