Fair Work Building and Construction

Fair Work Building & Construction
Agency overview
Formed 1 June 2012
Jurisdiction Australia
Headquarters Melbourne
Victoria
Employees 120+
Minister responsible
Agency executives
  • Nigel Hadgkiss, Director
  • Brian Corney, Chief Counsel
  • Heather Hausler, Chief of Field Operations
Parent agency Department of Employment
Website fwbc.gov.au

Fair Work Building & Construction (FWBC) was an Australian Government agency established by the Fair Work (Building Industry) Act 2012. FWBC commenced operations on 1 June 2012, replacing its predecessor, the Office of the Australian Building and Construction Commissioner. FWBC was replaced by the Australian Building and Construction Commission on 2 December 2016. FWBC was responsible for enforcing industrial relations laws in Australia’s building and construction industry through the provision of education, assistance and advice.

FWBC aimed to ensure the rule of law applies on building sites within Australia and 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 agency has offices in Sydney, Brisbane, Adelaide, Canberra, Hobart, Darwin and Perth, with its head office located in Melbourne.
The agency’s investigators visited construction sites across Australia to ensure all building industry participants are complying with federal law.

Functions

FWBC was responsible for the following workplace relations matters in the building and construction industry:[1]

Investigating and auditing

Investigating alleged contraventions of:

  • the Fair Work Act 2009
  • the Independent Contractors Act 2006
  • Building Code 2013

Educating and advising

  • Responding to enquiries for advice and assistance.
  • Conducting presentations on the rights and responsibilities of building industry participants.
  • Producing and distributing fact sheets on legislation, regulations and industrial relations practices.
  • Publishing updates on legal findings (e.g. outcomes of court cases), operational activities, newsletters and updates on topics affecting the industry.

Instituting proceedings for contraventions of the Fair Work Act 2009 (FW Act)

If FWBC determines a contravention has occurred, the agency may commence legal action. FWBC also has the power to intervene in court proceedings—and Fair Work Commission proceedings—that involve a building industry participant or building work.
Contraventions may relate to:

  • Coercion
  • Industrial action
  • Discrimination
  • Workplace rights
  • Strike pay
  • Right of entry

Referring matters to other Commonwealth or State and Territory bodies

Where appropriate, the FWBC can refer matters to other Commonwealth or State and Territory bodies, including the

References

  1. Fair Work Building & Construction. "Role". Australian Government. Retrieved 1 December 2014.
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