ABCC - Industrial Rallies and Enterprise Agreement Clauses
Posted on : Friday, 10 March 2017
Recent developments in the Building and Construction Industry
have seen the Australian Building and Construction Commission
(ABCC) release a number of Alerts.
One of these Alerts may also be a good reminder for any future
and similar activities, concerned industrial rallies. Some of
these rallies occurred yesterday (9 March) across Australia with
anticipated rallies in Western Australia on 21st March,
and were in connection with and included protests against the
recent Penalty Rates decision of the Fair Work Commission
The ABCC sought to remind building industry participants covered
by the 2013 and 2016 Building Codes that the Codes include
obligations to report industrial action as soon as practicable
after the action occurs.
The ABCC did not express a view on whether or not building
workers attend the rallies other than to remind all building
industry participants of the requirements of the Building and
Construction Industry (Improving Productivity) Act
Subsection 7(2) of the Building and Construction Industry
(Improving Productivity) Act 2016 provides that where an
employee fails to attend work or absents themselves from work, that
absence is not industrial action if it has been
authorised or agreed to by their employer in advance and in
writing. A failure to obtain authorisation or agreement for a
stoppage of work in advance and in writing may constitute
The next Alert is an ABCC Guidance Material release designed to
assist participants to consider whether their Enterprise Agreements
are compliant with the Building Code 2016.
The guidance is in the form of a spreadsheet detailing the
ABCC's advice on the compliance of approximately 500 clauses from
agreements that have been submitted by industry to the ABCC or the
Department of Employment. The spreadsheet contains examples
of both compliant and non-compliant clauses and will be added to on
a regular basis. This is available from the Fire Protection
Association Australia (FPA Australia) CONNECT member website.
A new two-step process for contractors seeking advice on
agreements asks industry to use this guidance material to conduct a
preliminary review of their agreements prior to submitting them to
the ABCC. The process also allows for advice to be provided on
individual clauses that are not contained in the guidance
FPA Australia has already commenced this process for some of its
members and can assist you with these processes.
Further information on these requirements is also outlined on
the ABCC website at www.abcc.gov.au., or phone the
ABCC Hotline on 1800 003 338 or email FPA Australia Workplace
Relations at firstname.lastname@example.org.