The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 is now in force and will abolish the Australian Building and Construction Commission (ABCC).
The Act provides for abolition of the ABCC to occur on 6 February 2023.
The ABCC's role enforcing the Fair Work Act 2009 (FW Act) in the commercial building and construction industry transferred to the Fair Work Ombudsman on 10 November 2022. The ABCC has now entered a transition period prior to abolition to enable the final transfer of responsibilities to the Fair Work Ombudsman.
The Act provides that all ongoing legal matters currently before the Courts are now the responsibility of the Fair Work Ombudsman.
The Code for the Tendering and Performance of Building Work 2016 has been repealed. This means that it no longer applies to any building industry participant, building contractor or building work.