On 14 November 2013 the Senate jointly referred the Building and Construction Industry (Improving Productivity) Bill 2013 and the Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013 for inquiry and report by 02 December 2013.  The committee agreed that submissions should be received by 22 November 2013.

Public Hearing - Tuesday 26 November 2013 (PDF 27KB)

The Building and Construction Industry (Improving Productivity) Bill 2013 proposes to regulate certain conduct of building industry participants who perform building work.

The bill would replace the Office of the Fair Work Building Industry Inspectorate and re-establish the Australian Building and Construction Commission.  The bill would also govern the appointments and functions of the Office of the Federal Safety Commissioner.

The bill would provide powers to either the Minister or to the Australian Building and Construction Commissioner and staff to:

• issue a Building Code which includes providing the Australian Building and Construction Commissioner with the power to require a person to report on his or her compliance with the Code;
• prohibit unlawful industrial action if the action has a connection to a constitutionally-covered entity;
• prohibit coercion of persons in relation to the engagement of contractors and employees or choice of superannuation fund;
• prohibit coercion or undue pressure on persons in relation to Commonwealth industrial instruments; and
• obtain information.

The bill also includes enforcement provisions and deals with administrative matters.

The Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013 is consequential to the Building and Construction Industry (Improving Productivity) Bill 2013.  The bill would wholly repeal the Fair Work (Building Industry) Act 2012 and amend the following Acts:

• Administrative Decisions (Judicial Review) Act 1977;
• Fair Work (Registered Organisations) Act 2009;
• Jurisdiction of Courts (Cross-Vesting) Act 1987; and
• Building and Construction Industry (Improving Productivity) Bill 2013.

The bill provides administrative arrangements relating to the transition from the institutions, functions and powers contained in the Fair Work (Building Industry) Act 2012 to those proposed in the Building and Construction Industry (Improving Productivity) Bill 2013.