Building Industry Act 1985
No. 92, 1985
Compilation No. 3
Compilation date: 21 October 2016
Includes amendments up to: Act No. 61, 2016
Registered: 1 November 2016
About this compilation
This compilation
This is a compilation of the Building Industry Act 1985 that shows the text of the law as amended and in force on 21 October 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
1 Short title
2 Commencement
3 Interpretation
3A Application of Criminal Code
4 Application to Commission for declaration in relation to Federation
5 Orders by Minister in relation to Federation
6 Powers and procedure of Commission
7 Effect on Federation of cancellation of registration
8 Limitation on coverage of work by Federation
9 Minister may allocate coverage of Federation work to other organizations
10 Commission may allocate coverage of Federation work to other organizations
11 Proceedings under subsection 139(1) of the Conciliation and Arbitration Act
12 Evidence of declaration
13 Orders by the Minister
14 Regulations
15 Cessation of Act
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act relating to the building industry
1 Short title
This Act may be cited as the Building Industry Act 1985.
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
award means an award made under the Conciliation and Arbitration Act, an order made by the Commission under that Act, an industrial agreement made pursuant to that Act or a memorandum certified…
Overview
The Building Industry Act 1985 was enacted by the Commonwealth Parliament to address significant issues within the building industry, particularly concerning industrial disputes and the operations of the Australian Building Construction Employees' and Builders Labourers' Federation (Federation). The primary policy objective of the Act is to ensure the prevention and settlement of industrial disputes through conciliation and arbitration, thereby maintaining peace, order, and good governance in the building industry across Australia. The Act provides mechanisms for the Australian Conciliation and Arbitration Commission to make declarations regarding the Federation's conduct and for the Minister to take orders to cancel the registration of the Federation or suspend its rights and privileges if necessary. This legislative framework aims to mitigate the impact of industrial actions and ensure that industrial disputes are resolved in a manner that benefits all parties involved.
Scope and Application
The Building Industry Act 1985 applies to the building industry, specifically targeting the Australian Building Construction Employees’ and Builders Labourers’ Federation, referred to as the Federation, and any prescribed persons associated with it. This Act operates within the Commonwealth jurisdiction, providing a legislative framework to address industrial actions and conduct that may hinder industrial dispute resolution. The Act allows for the cancellation of the Federation’s registration, the termination or suspension of its rights and privileges, and the allocation of work coverage to other employee organizations. The Act also mandates the application of the Criminal Code to offences against it. Subordinate instruments, such as regulations made under the Act, may further detail or modify its application, ensuring the Act remains a dynamic and responsive legislative tool in managing industrial relations within the building industry.
Key Provisions
- The Building Industry Act 1985 (Cth) primarily focuses on regulating the activities of the Australian Building Construction Employees’ and Builders Labourers’ Federation. Section 3A of the Act applies Chapter 2 of the Criminal Code, which outlines the general principles of criminal responsibility, to all offences under this Act. Section 4 allows the Minister to apply to the Australian Conciliation and Arbitration Commission for a declaration if the Federation or a prescribed person has engaged in industrial action or conduct that contravenes an undertaking, hinders the achievement of an object of the Conciliation and Arbitration Act, or is inimical to the prevention and settlement of industrial disputes. The Commission can then make a declaration and record it in writing. Under Section 5, the Minister can order the Registrar to cancel the registration of the Federation or terminate or suspend the Federation's rights, privileges, or capacities if the Commission makes such a declaration. The Minister can also specify conditions for re-registration of the Federation. Section 6 outlines the powers and procedure of the Commission, stating that the powers under this Act are exercisable by a Full Bench and that the provisions of the Conciliation and Arbitration Act apply to proceedings under this Act. Section 7 addresses the effect on the Federation if its registration is cancelled, stating that the Federation is not capable of being a party to proceedings before the Commission or an award made by the Commission and that any award applying to the Federation ceases to have effect.
- The Act imposes several obligations on the parties and entities it governs. The Federation and prescribed persons must not engage in industrial action or conduct that contravenes an undertaking, hinders the achievement of an object of the Conciliation and Arbitration Act, or is inimical to the prevention and settlement of industrial disputes. The Minister must consider the public interest in securing the prevention and settlement of industrial disputes and maintaining peace, order, and good government when making orders under Sections 4 and 5. The Registrar must consider and certify any necessary alterations to the Federation's rules if required by an order made under Section 5. The Commission must give the Federation an opportunity to be heard and apply the procedure and powers of the Conciliation and Arbitration Act to proceedings under this Act.
- Section 5(11) states that a person shall not contravene or fail to comply with an order made by the Minister under Section 5(1)(b) or Subsection 5(2). The penalty for such an offence is 100 penalty units. The Federal Court of Australia may grant injunctions upon application by the Minister to ensure compliance with this section.
- Area of Law
- Employment & Labour Law
- Industrial Relations Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Enforcement Powers
- Repeal & Amendment
- Civil Penalty Provisions