The Building and Construction Industry Improvement Amendment
(Transition to Fair Work) Act (Act) 2012 was first introduced
in Bill form to Parliament in November 2011.
The 2011 Bill largely mirrored the 2009 Bill put before
Parliament, which lapsed and was abandoned. The 2011 Bill was
passed by both houses on 20 March 2012 and the Act received Royal
Assent on April 15 2012.
John Kovacic, the DEEWR's Deputy Secretary of Workplace
Relations has announced that the Act will take effect from Friday 1
What changes does the Act introduce?
The Act results in several key changes to the previous
abolishing the Australian Building and Construction
Commissioner (ABC Commissioner) and replacing it with a new
specialist agency – the Fair Work Building Industry
Inspectorate (Inspectorate) – to regulate the building
and construction industry
enabling the Inspectorate to compulsorily obtain information or
documents relevant to an investigation from certain persons
providing extended safeguards relating to the
Inspectorate's power to compulsorily obtain information or
documents such as reducing the period before the sunset clause
applies from five years to three years
stopping the Inspectorate from prosecuting building workers
when the parties have settled or discontinued matters
removing the existing building industry specific penalties for
unlawful industrial conduct and making them comparable to those
under the Fair Work Act
creating the Office of the Independent Assessor.
The Inspectorate will be lead by the current ABC Commissioner
Leigh Johns, who has been announced as the acting Director for a 12
month period only.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Middletons has been awarded a 2012 EOWA Employer of Choice for
Women citation acknowledging our commitment to workplace
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