Welcome to the AREEA Member Portal

Login

Register

Is your company a member of AREEA?  Register now to access the Member Portal

Welcome to the AREEA Member Portal

News, information and resources in one location for your access to ongoing support.

From fact sheets, guides and reference libraries to breaking news, the portal is your comprehensive and exclusive reference tool.

ABCC boasts 84% success rate in prosecutions

OF the 90 matters the Australian Building & Construction Commission (ABCC) has litigated since its establishment on 1 October 2005, 76 of them (or 84 per cent) have been successful, a Senate Estimates committee heard on 15 February.

ABC Commissioner Leigh Johns told the Senate Estimates Committee the processes and procedures the ABCC now had in place were different to those that existed when former commissioner John Lloyd was at the helm. For instance, all investigations were now reviewed for compliance with the evidence section of the ABCC’s operations manual, Johns said.

The ABCC also had all its potential legal matters assessed externally by legal providers as well as putting them through an internal assessment process (however these processes were also in place under Commissioner Lloyd). The ABCC also now routinely sends a ‘show cause’ letter to respondents before commencing proceedings to give them an opportunity to argue why
proceedings should not be commenced.

Deputy ABC Commissioner Brian Corney told the committee that prosecutions were often brought under a combination of building industry-specific and industrial relations laws. For instance, some matters were brought under the Building & Construction Industry Improvement Act by itself (around 25 per cent of prosecutions) while others were brought under the Fair Work Act or the

Workplace Relations Act. Some were a combination of building industry-specific legislation and the industrial relations legislation of the day.

“If it was unlawful industrial action, more likely than not that would proceed under the BCII Act as opposed to the Fair Work Act provisions because they are specific to the building and construction industry,” Commissioner Leigh Johns said.

“If it was a right of entry matter, it would be exclusively under the Fair Work Act because those provisions do not exist in the BCII Act.”

Commissioner Johns told the committee that having separate building industry regulation in the form of the BCII Act had had a ‘positive’ regulatory impact on the industry.

Compulsory examinations update

Commissioner Johns confirmed to the Senate Estimates committee that the ABCC had conducted three compulsory examinations under the s.52 powers so far this financial year, although three other notices had been issued but did not result in examinations. In those other three cases, the witnesses had ultimately voluntarily provided information so the notices were withdrawn. The s.52 mechanism had encouraged them to volunteer the information.

To view the Senate Estimates transcript, click here.

Create your AREEA Member login

Register