Changes to the Functions of ABCC

The ABCC’s role in enforcing the Fair Work Act 2009 (Cth) will transfer to the Fair Work Ombudsman on 10 November 2022 (the transfer date). This means that ABCC can provide advice and assistance on all issues relating to the FW Act, until the transfer date. For all new queries or for assistance relating to FW Act matters, you need to contact Fair Work Ombudsman, not ABCC.

What can ABCC still assist with?

The ABCC can still provide advice or assistance with:

• Any existing ABCC legal proceeding
• An unlawful picket (as defined under the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (the BCIIP Act)
• Any issues relating to the 2013 Building Code, the Amended 2016 Building Code
• Any issue related to an examination that you have attended as a witness, including reimbursement of witness expenses

What’s next?

The Australian Government has introduced the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (the Bill). The ABC Commissioner retains responsibility for all cases involving the ABCC that are currently before the courts. These cases will remain with the ABCC until the amendment of the BCIIP Act. The Bill provides for the transition of these cases to the Fair Work Ombudsman upon commencement.