26 September 2023

Fair Work to take over building role

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The Fair Work Ombudsman is to take over some of the Australian Building and Construction Commission’s (ABCC) responsibilities next week following legislative changes.

Announcing the changes, ABCC said its role enforcing the Fair Work Act 2009 (FW Act) in the commercial building and construction industry would transfer to the Ombudsman on 10 November.

It said this followed the introduction of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022.

“The ABCC retains responsibility for all cases involving the ABCC that are currently before the courts,” the Commission said.

“These cases will remain with the ABCC until amendment of the Building and Construction Industry (Improving Productivity) Act 2016,” it said.

“The Bill provides for the transition of these cases to the Fair Work Ombudsman upon commencement.”

The ABCC said the Ombudsman was responsible for enforcing the FW Act as it applied to all Australian workplaces, including the building and construction industry.

It said the FW Act included provisions on wages and entitlements, right of entry, general protections, discrimination, industrial action, sham contracting and strike pay.

“If you have a current matter that is being investigated by the ABCC, you will be advised when it has been transferred to the Fair Work Ombudsman,” the Commission said.

“Until then, you can continue to discuss your matter with your current ABCC contact officer.”

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