Fair Work (Building Industry) Act 2012
No. 113, 2005
Compilation No. 19
Compilation date: 5 March 2016
Includes amendments up to: Act No. 126, 2015
Registered: 26 April 2016
About this compilation
This compilation
This is a compilation of the Fair Work (Building Industry) Act 2012 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1—Preliminary
1 Short title
2 Commencement
3 Object of this Act
4 Definitions
5 Definition of building work
6 Definition of office
7 Extension to Christmas Island
8 Act to bind Crown
Chapter 2—Fair Work Building Industry Inspectorate
Part 1—Director
9 Establishment
10 Functions
11 Minister’s directions
12 Minister may require reports
13 Delegation by the Director
14 Annual report
15 Appointment
16 Acting appointments
17 Remuneration
18 Leave of absence
19 Engaging in other paid employment
20 Disclosure of interests
21 Resignation
22 Termination
Part 2—Fair Work Building Industry Inspectorate Advisory Board
23 Establishment
24 Role
25 Membership
26 Appointment of members
26A Chair
26B Remuneration of members
26C Leave of members
26D Resignation of members
26E Termination of appointment
26F Other terms and conditions
26G Meetings
26H Decisions without meetings
Part 3—Office of the Fair Work Building Industry Inspectorate
26J Office of the Fair Work Building Industry Inspectorate
26K Staff
26L Persons assisting the Director
26M Consultants
Chapter 3—The Building Code
27 Minister to issue Building Code
Chapter 4—Occupational health and safety
Part 1—Federal Safety Commissioner
29 Federal Safety Commissioner
30 Functions of Federal Safety Commissioner
31 Minister’s directions to…
Overview
The Fair Work (Building Industry) Act 2012 was enacted by the Commonwealth Parliament to improve workplace relations practices in the building and construction industry. The Act establishes a balanced framework for cooperative, productive and harmonious workplace relations by ensuring compliance with workplace relations laws, providing information, advice and assistance to industry participants, enforcing rights and obligations, safeguarding the use of enforcement and investigative powers, and improving occupational health and safety in the building industry. The Act includes provisions for the establishment of the Fair Work Building Industry Inspectorate, the role of the Fair Work Building Industry Inspectorate Advisory Board, the appointment and functions of the Director, and the powers and responsibilities of Fair Work Building Industry Inspectors. The Act also addresses occupational health and safety matters by establishing an accreditation scheme for Commonwealth building work and designating a Federal Safety Commissioner to oversee compliance with the Building Code. The policy objective of the Act is to create a more regulated and fair environment in the building industry, promoting better working conditions and safety for employees.
Scope and Application
The Fair Work (Building Industry) Act 2012 applies to the Commonwealth, the states, and territories of Australia, and extends specifically to Christmas Island. This legislation is designed to establish a balanced framework for cooperative, productive, and harmonious workplace relations in the building industry by ensuring compliance with workplace relations laws, providing information and advice to industry participants, enforcing rights and obligations, safeguarding the use of enforcement and investigative powers, and improving occupational health and safety standards. The Act applies to various participants in the building industry, including building employees, employers, contractors, building associations, and others associated with building work. The Act also extends to building work defined as activities such as construction, alteration, extension, restoration, repair, demolition, or dismantling of buildings or structures, and the installation of various systems within buildings. Certain exclusions apply, such as activities related to the extraction of oil or natural gas and work associated with single-dwelling houses, unless part of a multi-dwelling development. The Act provides for the establishment of a Fair Work Building Industry Inspectorate, headed by a Director, who is responsible for promoting compliance, monitoring workplace relations, investigating potential contraventions, and enforcing relevant laws. The Act also establishes roles for the Fair Work Building Industry Inspectorate Advisory Board, the Federal Safety Commissioner, and Federal Safety Officers. Additionally, the Act sets out provisions for the Building Code, accreditation schemes for building work, and enforcement mechanisms, including the issuance of examination notices and the conduct of examinations. The Act allows for the delegation of certain functions and powers, subject to specific limitations and conditions. The Act further includes provisions for the disclosure of information, the intervention in court proceedings, and the protection of confidentiality of certain information obtained under examination notices. The Act also provides for regulations to prescribe matters necessary or convenient for carrying out or giving effect to the Act, including penalties for offences against the regulations and contraventions of the regulations.
Key Provisions
- The Fair Work (Building Industry) Act 2012 seeks to establish a balanced framework for cooperative, productive, and harmonious workplace relations in the building industry. The Act includes provisions for the establishment of the Fair Work Building Industry Inspectorate, with a Director who has a range of functions including promoting compliance with designated building laws, monitoring compliance, conducting investigations, and representing building industry participants. The Director must be appointed by the Minister and holds office for up to five years. The Act also establishes an Advisory Board to make recommendations to the Director, which consists of several members including the Director, the Fair Work Ombudsman, and others with relevant experience. Inspectors appointed by the Director have powers to obtain information, enter premises, and monitor compliance with the Building Code. The Act provides for the issuance of examination notices to obtain information relevant to investigations, with specific protections and procedures in place to ensure the process is fair and lawful. The Act includes various offences and penalties for breaches, including failure to comply with examination notices, which can result in imprisonment for up to six months. Additionally, the Act provides protections against liability for individuals who provide information in good faith and restricts the disclosure of certain information to protect individual privacy. The Act also outlines the jurisdiction of the Federal Court in relation to matters arising under the Act and provides immunity from liability for protected persons acting in good faith and without negligence.
- Area of Law
- Employment & Labour Law
- Industrial Relations Law
- Environmental Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Civil Penalty Provisions
- Review & Sunset Clauses