1. Introduction On 2 December 2016 the Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act) and the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 commenced. As a result, the Australian Building and Construction Commission (ABCC) commenced operations on 2 December 2016. Section 20 of the BCIIP Act requires the Australian Building and Construction Commissioner to prepare and give to the Minister a report on the performance of the Australian Building and Construction Commissioner’s functions and the exercise of the Australian Building and Construction Commissioner’s powers during that quarter (the Quarterly Report). The Quarterly Report must include details of: the number, and type, of matters that were investigated by the ABC Commissioner during the quarter; and the cost, during that quarter, of each such investigation; assistance and advice provided during that quarter to building industry participants; the extent to which the Building Code was complied with during that quarter; the number, and type, of matters that were investigated by the ABC Commissioner during that quarter in relation to building employers; and the cost, during that quarter, of each such investigation; the number of proceedings commenced in accordance with this Act in that quarter, both in and by category of building industry participant; and the cost, during that quarter, of those proceedings (including legal expenses), both in total and by category of building industry participant; the number, and total cost of such proceedings finalised in that quarter; the legal expenses incurred during that quarter as a result of enforcement action undertaken by the ABC Commissioner; industry conditions, during that quarter, based on complaints received by the ABC Commissioner during that quarter; activities that the ABC Commissioner has undertaken during that quarter to monitor the compliance of products used in building work with relevant Australian standards published by, or on behalf of, Standards Australia; and details of the number, and type, of matters for which examination notices were issued under the BCIIP Act The BCIIP Act defines quarter as a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April. The following report sets out the activities undertaken by the Australian Building and Construction Commissioner in the fourth quarter of 2016/17, i.e. 1 April to 30 June 2017 (the reporting period).
quarter, the Commissioner wrote to all 178 Commonwealth agencies advising of their respective obligations under the Building Code 2016 and to each of the State and Territory Premiers/Chief Ministers advising on how the Code requirements apply at the State and Territory level where the Commonwealth funds building work. As part of this education campaign, a suite of new information for funding entities and recipients was published to the ABCC website including notification forms for Expressions of Interests(EOI)/ Tenders and Contract Award. The ABCC has noted an immediate uptake of the notification forms based on information from Commonwealth and State/Territory agencies. This helps the ABCC ensure it has oversight of relevant building work. The ABCC audit process for the Building Code 2016 includes the auditing of supply chain contracts to ensure that the requirement to use building materials that comply with relevant Australian standards is passed down the supply chain. Monitoring compliance with section 26(8) of the Building Code 2016 is a core requirement of auditing of applicable projects and is reflected in internal agency policy, guidance and training. During the reporting period, the ABCC commenced two audits on projects where section 26(8) is applicable. The audits, which are still ongoing, have included the review of contractual documentation to ensure compliance with this section down the contractual chain. Examination notices issued During the reporting period no examination notices were issued.