Fair Work Building and Construction

Fair Work Building & Construction
Agency overview
Formed	1 June 2012
Preceding agency	Office of the Australian Building and Construction Commissioner;
Dissolved	2 December 2016
Superseding agency	Australian Building and Construction Commission;
Jurisdiction	Australia
Headquarters	Melbourne; Victoria, Australia
Employees	120+
Agency executives	Leigh Johns, Acting Director (2012–2013); Brian Corney, Acting Director (2013); Val Gostencnik, Director (2013); Nigel Hadgkiss, Director (2013–2016);
Parent agency	Department of Employment
Website	fwbc.gov.au

Fair Work Building & Construction (FWBC), or more formally the Office of the Fair Work Building Industry Inspectorate^[6] was an Government of Australia 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 had 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 were complying with federal law.

Functions

FWBC was responsible for the following workplace relations matters in the building and construction industry:^[7]

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 determined a contravention has occurred, the agency could commence legal action. FWBC also had 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 could refer matters to other Commonwealth or State and Territory bodies, including the

Fair Work Ombudsman
Australian Taxation Office
State and Federal Police
Australian Securities & Investments Commission
Director of Public Prosecutions
Australian Competition *Consumer Commission.

References

^ "FWBC Annual Report 2011–2012 - Organisational Structure". Fair Work Building & Construction (via the Internet Wayback Machine). Commonwealth of Australia. Archived from the original on 25 June 2015. Retrieved 8 June 2019.
^ ^a ^b "FWBC Annual Report 2012–2013 - Organisational Structure". Fair Work Building & Construction (via the Internet Wayback Machine). Commonwealth of Australia. Archived from the original on 25 June 2015. Retrieved 8 June 2019.
^ Shorten, Bill (12 July 2013). "Fair Work Appointments". Bill Shorten. Australian Labor Party. Retrieved 8 June 2019.
^ Osborne, Paul; AAP Senior Political Writer. "Construction watchdog chief quits". Sydney Morning Herald. No. 25 September 2013. Fairfax Media. Retrieved 8 June 2019.
^ "FWBC Annual Report 2013–2014 - Organisational Structure". Fair Work Building & Construction (via the Internet Wayback Machine). Commonwealth of Australia. Archived from the original on 15 March 2016. Retrieved 8 June 2019.
^ "Fair Work (Building Industry) Act 2012". Federal Register of Legislation. section 26J: Commonwealth of Australia. Retrieved 2 June 2019.{{cite web}}: CS1 maint: location (link)
^ Fair Work Building & Construction. "Role". Australian Government. Retrieved 1 December 2014.