Role of the ABCC
The role of the Office of the Australian Building and Construction Commissioner (ABCC) was to monitor and promote appropriate standards of conduct throughout the building and construction industry. This was in accordance with the Building and Construction Industry Improvement Act 2005 (BCII Act), the Fair Work Act 2009 (FW Act) and the National Code of Practice for the Construction Industry (National Code).
The main object of the BCII Act at s.3(1) was:
“…to provide an improved workplace relations framework for building work to ensure that building work is carried out fairly, efficiently and productively for the benefit of all building industry participants and for the benefit of the Australian economy as a whole.”
The ABCC worked to achieve this object in two ways:
- By educating industry participants about appropriate conduct.
- By investigating suspected contraventions of workplace laws, federal agreements, awards and orders of Fair Work Australia. Where appropriate, the ABCC would institute or intervene in proceedings that related to building industry participants and building work.
Section 3(2) of the BCII Act set out the means by which the main object was to be realised, while the ABCC functions were enunciated in s.10 of the BCII Act.
The information provided in the 2011-12 ABCC Annual Report is in accordance with s.14 of the BCII Act. Information relating to the Building Code and delegations arising from ss.14(2)(c) and 14(3)(b) respectively are not discussed in the main body of the report. This information is provided in Appendix 2.
Appendix 3 outlines the means by which the ABCC achieved the main objects of the BCII Act and where the means are specifically addressed in the Annual Report.