Commonwealth of Australia Explanatory Memoranda

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BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT AMENDMENT (TRANSITION TO FAIR WORK) BILL 2009

                             2008 - 2009 - 2010





               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                                   SENATE










   BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT AMENDMENT (TRANSITION TO
                            FAIR WORK) BILL 2009





                    SUPPLEMENTARY EXPLANATORY MEMORANDUM



             Amendments to be Moved on Behalf of the Government










    (Circulated by authority of the Minister for Employment and Workplace
                 Relations, the Honourable Julia Gillard MP)
   AMENDMENTS TO THE BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT
   AMENDMENT (TRANSITION TO FAIR WORK) BILL 2009





OUTLINE

The amendments to the Building and Construction Industry Improvement
Amendment (Transition to Fair Work) Bill 2009 would:

 . give the Minister an additional directions power to direct the Director
   of the Fair Work Building Industry Inspectorate about the allocation of
   resources, and

 . clarify the ability of the Director of the Fair Work Building Industry
   Inspectorate to initiate or intervene in proceedings for contempt of
   court.

Financial Impact Statement

The financial impact of the amendments is budget neutral.


   NOTES ON AMENDMENTS


Amendment 1 - Schedule 1, item 49, page 10 (after line 15), at the end of
subsection 11(1)

1. This amendment would amend item 49 of the Bill which establishes the
   Fair Work Building Industry Inspectorate.  This amendment would amend
   subsection 11 which sets out when the Minister can give directions to the
   Director of the Fair Work Building Industry Inspectorate.


2. This amendment would allow the Minister to give directions to the
   Director about the allocation of resources by the Director in connection
   with the performance of his or her functions or the exercise of his or
   her powers.  For example, the Minister could direct the Director to
   allocate specified resources to a particular location or project on the
   grounds that the location or project was a source of significant non-
   compliance with workplace relations laws.


   Amendment 2 - Schedule 1, item 49, page 11 (after line 14), at the end of
   subsection 13(2) Amendment 3 - Schedule 1, page 47 (after line 26), after
   item 85

3. These amendments would amend item 49 of the Bill and insert a new item
   85A into the Bill.

4. Amendment 3 would make absolutely clear that the Director has the
   ability to commence or intervene in proceedings for contempt of court in
   respect of an alleged contravention of particular court orders. The
   Director would be able to commence or intervene in proceedings if a court
   has made an order in a proceeding that arose under the Act, or under the
   Independent Contractors Act 2006, the Fair Work Act 2009 or the Fair Work
   (Transitional Provisions and Consequential Amendments) Act 2009 and
   involved a building industry participant or building work.

5. This amendment would operate in conjunction with the existing section 71
   which may also provide the Director with the ability to initiate contempt
   proceedings in circumstances where the Director had intervened in the
   proceedings giving rise to the order, or to participate in contempt
   proceedings.

6. Subsection 71A(3) would provide that if the Director intervenes in a
   proceeding under this section, the Director is taken to be a party to the
   proceeding and has all the rights, duties and liabilities of such a
   party.

7. Amendment 2 would amend subsection 13(2) to provide that the Director
   cannot delegate this power.