Fair Work Building and Construction

Fair Work Building & Construction
Agency overview

Formed	1 June 2012
Jurisdiction	Australia
Headquarters	Melbourne Victoria
Employees	120+
Minister responsible	The Hon. Michaelia Cash, Minister for Employment
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) is 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 is responsible for enforcing industrial relations laws in Australia’s building and construction industry through the provision of education, assistance and advice.

FWBC aims 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 visit construction sites across Australia to ensure all building industry participants are complying with federal law.

Functions

FWBC is 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

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

References

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