The Federal Government has submitted its plan to dissolve the powers of the Australian Building and Construction Commission (ABCC) originally set up to regulate building industry participants involved in Commonwealth-funded building work.
The Government has proposed to amend the Code for the Tendering and Performance of Building Work 2016 (Building Code 2016) by the end of the year (Amended Code).
The consequence? In short, situations of coercion, unlawful entry, and unlawful picketing will no longer be regulated by the ABCC. Litigation previously initiated by the ABCC will be handed over to the Fair Work Ombudsman (FWO). Any dispute relating to union conduct will be referred to the FWO and may be subject to delays.
What is, or rather, what was the Building Code?
The Building Code was enacted in 2016 by the then Liberal-National Party Government to govern the standards of conduct for all building industry participants that seek to be, or are, involved in Commonwealth-funded building work. The Building Code 2016 created the ABCC as a Commission to regulate conduct relating to, among other things, the tender requirements, subcontractor compliance, Workplace Relations Management Plans, standards of conduct on site, right of entry, and dispute settlement requirements.
Prior to the current Labor Governments proposal, any building contractor or building industry participant who tendered for or expressed interest in Commonwealth funding building work was referred to as a code covered entity (Code Covered Entity). Any Code Covered Entity who failed to meet the requirements prescribed by the Building Code 2016 would be excluded from tendering for Commonwealth-funded building work for up to one year.
The likely impact of Labor's proposed Amended Code
Compliance
The Amended Code provides that a Code Covered Entity will not need to comply with the previous rules and regulations prescribed by the Building Code 2016. As discussed below, there will be two exceptions, which relate to the engagement of non-citizens and non-residents, and domestically sourced building material.
Unions are back
The industry should be prepared to see a potential increase in union activity on construction sites as the Amended Code removes the policing of union militancy by the ABCC. Such activity could cause costs, delays, and disruption to infrastructure projects.
Disputes done differently
Construction disputes previously brought by the ABCC focused on instances where construction unions, and their officials, have targeted contractors, subcontractors, and workers with unlawful industrial tactics to bully, coerce, and intimidate them into signing up to union deals.
Rather than rely on the ABCC to investigate this conduct, it will be the FWO, and health and safety regulators job to enforce the Fair Work Act 2009 (Cth), and safety matters in the building and construction industry. A Code Covered Entity will need to avail themselves of the protections of the Fair Work Act regarding matters such as Right of Entry and unlawful industrial action and file a claim with the FWO of their own volition.
Resourcing of the FWO and its prosecution of construction matters will be dealt with in Octobers budget; however, the Federal Labor Government has confirmed that the FWO will not receive as much funding as the ABCC because it will not be commencing as many prosecutions.
What remains?
A Code Covered Entity will need to continue to comply with two obligations including:
The Amended Code also adds a new provision to preserve any exemptions given by the ABCC for essential service providers and essential infrastructure services prior to the Amendment Codes commencement and preserves the effects of any exclusion sanctions.
What is removed?
A Code Covered Entity is no longer required to:
The Amended Code also removes the Commissions role under the Building Code 2016 in relation to granting exemptions and recommending exclusion sanctions.
Key takeaways
Contractors should keep a close eye out for the passing of the Bill through Parliament later this year.
While the ABCC remains in play, the Commission continues to launch fresh court actions against unions. A fortnight after the Amended Code was proposed, the Commission commenced legal action against the Construction Forestry Maritime Mining and Energy Union. However, the FWO has declined to answer whether it plans to continue, assess, or end the ongoing matters.
Here is the original post:
Intrusion impending: what contractors need to know about proposed abolition of the ABCC - Lexology
- The Abolition of Work--Bob Black - Primitivism [Last Updated On: March 25th, 2016] [Originally Added On: March 25th, 2016]
- Part I: The Abolition of Work - Inspiracy [Last Updated On: June 10th, 2016] [Originally Added On: June 10th, 2016]
- Bob Black - Wikipedia, the free encyclopedia [Last Updated On: June 12th, 2016] [Originally Added On: June 12th, 2016]
- Campaign for the Abolition of Terrier Work - Badger Baiting [Last Updated On: June 16th, 2016] [Originally Added On: June 16th, 2016]
- The Abolition of Work Bob Black [Last Updated On: June 16th, 2016] [Originally Added On: June 16th, 2016]
- The Abolition of Work & Other Essays by Bob Black ... [Last Updated On: June 19th, 2016] [Originally Added On: June 19th, 2016]
- The Abolition of Work - Wikipedia, the free encyclopedia [Last Updated On: June 19th, 2016] [Originally Added On: June 19th, 2016]
- William Wilberforce: biography and bibliography [Last Updated On: June 21st, 2016] [Originally Added On: June 21st, 2016]
- THE ABOLITION OF WORK - Deoxy [Last Updated On: June 25th, 2016] [Originally Added On: June 25th, 2016]
- The Abolition of Work by Bob Black - Inspiracy [Last Updated On: July 12th, 2016] [Originally Added On: July 12th, 2016]
- Campaign for the Abolition of Terrier Work - About Us [Last Updated On: July 23rd, 2016] [Originally Added On: July 23rd, 2016]
- Abolition - The African-American Mosaic Exhibition ... [Last Updated On: August 14th, 2016] [Originally Added On: August 14th, 2016]
- Granville Sharp (1735-1813) The Civil Servant, Abolition ... [Last Updated On: August 23rd, 2016] [Originally Added On: August 23rd, 2016]
- Abolition of Work - scribd.com [Last Updated On: September 16th, 2016] [Originally Added On: September 16th, 2016]
- THE ABOLITION OF WORK by Bob Black [Last Updated On: September 16th, 2016] [Originally Added On: September 16th, 2016]
- The Abolition of Work and Other Essays: Bob Black ... [Last Updated On: September 20th, 2016] [Originally Added On: September 20th, 2016]
- The Abolitionists: The Abolition of Slavery Project [Last Updated On: September 20th, 2016] [Originally Added On: September 20th, 2016]
- Abolitionism - United States American History [Last Updated On: October 6th, 2016] [Originally Added On: October 6th, 2016]
- Nobel Peace Prize | Nobels fredspris [Last Updated On: November 21st, 2016] [Originally Added On: November 21st, 2016]
- Contract Labour Act, 1970 - Vakilno1.com [Last Updated On: November 23rd, 2016] [Originally Added On: November 23rd, 2016]
- The Abolition of Man - Wikipedia [Last Updated On: November 29th, 2016] [Originally Added On: November 29th, 2016]
- Abolition of the ESA Work-Related Activity Component ... [Last Updated On: December 2nd, 2016] [Originally Added On: December 2nd, 2016]
- Prison abolition movement - Wikipedia [Last Updated On: December 2nd, 2016] [Originally Added On: December 2nd, 2016]
- The Pro-Slavery Lobby: The Abolition of Slavery Project [Last Updated On: December 7th, 2016] [Originally Added On: December 7th, 2016]
- What is Slavery?: The Abolition of Slavery Project [Last Updated On: December 14th, 2016] [Originally Added On: December 14th, 2016]
- The Abolition of Work | The Base [Last Updated On: January 6th, 2017] [Originally Added On: January 6th, 2017]
- Trump's Big Lie About 3 Million "Alien Voters" Cuts Far Deeper Than You Think - Truth-Out [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Equality in Democracy: Tocqueville's Prediction of a Falling America - CNSNews.com [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- The question employers are wary to ask: when are you going to retire? - The Conversation UK [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Indian Govt's Abolition of FIPB Will Help Spur Up Foreign Investments - Entrepreneur [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- High time for states to invest in alternatives to migrant detention - ReliefWeb [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Indian sex worker groups slam global conference on abolition of prostitution - Reuters [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Donald Trump 'taking steps to abolish Environmental Protection Agency' - The Guardian [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Exploiting black labor after the abolition of slavery - Baraboo News Republic [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Justice Ginsburg Backs Abolition Of The Electoral College - Daily Caller [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- If alliance wins, making CMPof 2 manifestoes will be a task - Hindustan Times [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Effective abolition of child labour (DECLARATION) [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Judicial review is government at work - The Independent Florida Alligator [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- Did Darwin's theory of evolution encourage abolition of slavery ... - Washington Post [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- Italy sets up fast-track asylum courts for migrants - The Local Italy [Last Updated On: February 11th, 2017] [Originally Added On: February 11th, 2017]
- Take Five: Susan B. Anthony - The Sun Chronicle [Last Updated On: February 12th, 2017] [Originally Added On: February 12th, 2017]
- Pope Francis on death penalty - Philippine Star [Last Updated On: February 12th, 2017] [Originally Added On: February 12th, 2017]
- Protests as Iowa considers its own 'Scott Walker bill' - Washington Examiner [Last Updated On: February 14th, 2017] [Originally Added On: February 14th, 2017]
- Executives Reflect on Evolving GUSA - Georgetown University The Hoya [Last Updated On: February 14th, 2017] [Originally Added On: February 14th, 2017]
- Report: Improved school access in Tanzania still leaves work to be done - Africa Times [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- Might mandatory retirement come back with 70 as the new 65? - The Globe and Mail [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- Monument to Thomas Fowell Buxton on Bincleaves Green in Weymouth - Dorset Echo [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- Tate announce QUEER BRITISH ART 1861-1967 - FAD magazine [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- County To Apply for Grant for I.V. Community Center | The Daily Nexus - Daily Nexus [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- The myth of the alpha leader is destroying our relationshipsat work and at home - Quartz [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- Equalities Secretary to seek UK assurances over benefits after ... - AOL Money UK [Last Updated On: February 18th, 2017] [Originally Added On: February 18th, 2017]
- Disobedience: What Can We Risk? - Mad In America [Last Updated On: February 19th, 2017] [Originally Added On: February 19th, 2017]
- Govt mulls abolition of parallel degree programs in public varsities - Capital FM Kenya (press release) (blog) [Last Updated On: February 19th, 2017] [Originally Added On: February 19th, 2017]
- The redeeming chaos of a bull in the government china shop - Charleston Post Courier [Last Updated On: February 20th, 2017] [Originally Added On: February 20th, 2017]
- Westminster warned against benefits 'claw back' once 'bedroom tax' abolished in Scotland - Scottish Housing News [Last Updated On: February 20th, 2017] [Originally Added On: February 20th, 2017]
- Opinion: Let's take discourse about HB2 beyond just money - The Daily Tar Heel [Last Updated On: February 22nd, 2017] [Originally Added On: February 22nd, 2017]
- Fighting voter ID laws in the courts isn't enough. We need boots on the ground - Los Angeles Times [Last Updated On: February 22nd, 2017] [Originally Added On: February 22nd, 2017]
- Oped: Fight ID laws one voter at a time - York Dispatch [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Age Action calls on TDs to back Bill abolishing mandatory retirement ... - BreakingNews.ie [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- New York dockers' union calls for abolition of crime-busting Waterfront Commission - The Loadstar [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Molly J. McGrath: Fight ID laws one voter at a time - Madison.com [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Frederick Douglass Park: We're Fixing Our Typo! - Nashville Scene [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Jim Goetsch: Abolition of abortions means changing the way we think - The Union of Grass Valley [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Abolishing provincial championships only way to cure fixture ... - Irish Independent [Last Updated On: February 25th, 2017] [Originally Added On: February 25th, 2017]
- Labor won't fight any Fair Work Commission decision to cut Sunday penalty rates: Bill Shorten - Western Advocate [Last Updated On: February 26th, 2017] [Originally Added On: February 26th, 2017]
- Committee expected to recommend 100m water charges refunds to those who have paid up - Irish Independent [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- Sinn Fein attacks schools minister over plan to merge two transfer tests - Belfast Telegraph [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- 'As a lecturer in the 1980s, I kept my sexual orientation to myself' - Times Higher Education (THE) [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- Coveney says he will not legislate for water charges abolition as it would be illegal - thejournal.ie [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- Taoiseach refuses to back down on water - Newstalk 106-108 fm [Last Updated On: March 2nd, 2017] [Originally Added On: March 2nd, 2017]
- Heart of Smartness - Chronicle of Higher Education (subscription) (blog) [Last Updated On: March 4th, 2017] [Originally Added On: March 4th, 2017]
- 10 must see events in Hull 2017 season three Freedom this summer - Hull Daily Mail [Last Updated On: March 4th, 2017] [Originally Added On: March 4th, 2017]
- We are sick of being told what to do, says Freddie Forsyth - Express.co.uk [Last Updated On: March 4th, 2017] [Originally Added On: March 4th, 2017]
- Corruption: Abolish security votes, peg minimum wage at N50,000 Ekweremadu - Vanguard [Last Updated On: March 4th, 2017] [Originally Added On: March 4th, 2017]
- Saudi employers given one month to return passports - Gulf Business - Gulf Business News [Last Updated On: March 5th, 2017] [Originally Added On: March 5th, 2017]
- Religious bodies misguided - Trinidad & Tobago Express [Last Updated On: March 6th, 2017] [Originally Added On: March 6th, 2017]
- Ousted Rec Director Loses Case Against City - Athletic Business (blog) [Last Updated On: March 6th, 2017] [Originally Added On: March 6th, 2017]
- Any deal must provide route to full pay restoration, says ASTI - Irish Times [Last Updated On: March 6th, 2017] [Originally Added On: March 6th, 2017]
- Analysis of Pauline Hanson's flat 2 per cent tax shows it would help overseas imports - The West Australian [Last Updated On: March 7th, 2017] [Originally Added On: March 7th, 2017]
- Taxes for self-employed likely to rise in Hammond's budget - The Guardian [Last Updated On: March 7th, 2017] [Originally Added On: March 7th, 2017]