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Building and Construction Industry Improvement
- Part 1—Australian Building and Construction Commissioner
- Part 2—Administrative provisions
- Part 1—Federal Safety Commissioner
- Part 2—OHS action
- Part 3—Accreditation scheme for Commonwealth building contracts
- Part 1—Awards
- Part 2—Certified agreements
- Part 3—Other provisions about employment conditions
- Part 1—Preliminary
- Part 2—Unlawful industrial action
- Part 3—Protected action
- Part 4—Miscellaneous
- Part 1—Preliminary
- Part 2—Conduct to which this Chapter applies
- Part 3—General prohibitions relating to freedom of association
- Part 4—Conduct by building employers etc.
- Part 5—Conduct by building employees etc.
- Part 6—Conduct by building associations etc.
- Part 7—False or misleading representations about bargaining services fees etc.
- Part 8—Relationship between this Chapter and other laws
- Part 9—Miscellaneous
- Part 1—Preliminary
- Part 2—Issue of entry permits
- Part 3—Expiry, revocation, suspension etc. of entry permits
- Part 4—Right of entry to investigate suspected breaches
- Part 5—Right of entry to talk to employees
- Part 6—Miscellaneous
- Part 1—Contravention of civil penalty provisions
- Part 2—Compliance etc. powers
- Building and Construction Industry Improvement Bill 2003
Content WindowBuilding and Construction Industry Improvement Bill 2003
Unless earlier revoked, a permit expires at the earlier of the following times:
(a) at the end of the third anniversary of the date of issue; or
(b) when the permit holder ceases to be an official of the union that applied for the permit.
(1) The ABC Commissioner, or a person prescribed by the regulations, may apply to the Industrial Registrar to take action under this section against a permit holder. The application must be made in accordance with the regulations.
(2) On application made under subsection (1), the Industrial Registrar may do any of the following in relation to one or more permits held by the permit holder:
(a) revoke the permit (whether or not the permit is already suspended);
(b) suspend the permit for a specified period;
(c) impose conditions on the permit (whether or not the permit is already suspended).
(3) In exercising powers under subsection (2), the Industrial Registrar must have regard to the matters specified in subsection 182(2).
Industrial Registrar must revoke or suspend in certain circumstances
(4) If the Industrial Registrar is satisfied that any of the things mentioned in subsection (5) has happened since the first of the permits was issued, then the Industrial Registrar must take the following action in relation to each permit held by the permit holder:
(a) if the permit expires before the end of the minimum disqualification period—the Industrial Registrar must revoke the permit;
(b) if the permit does not expire before the end of the minimum disqualification period—the Industrial Registrar must either:
(i) revoke the permit; or
(ii) suspend the permit for a period that does not end earlier than the end of the minimum disqualification period.
The Industrial Registrar must also specify a disqualification period for the purposes of section 182. The disqualification period cannot be shorter than the minimum disqualification period.
(5) The things are:
(a) the permit holder was found, in proceedings under this Act, to have contravened section 207;
(b) the permit holder, or another person, was ordered to pay a penalty under this Act in respect of a contravention of this Chapter by the permit holder;
(c) the permit holder gave an entry notice for frivolous or vexatious reasons, or in frivolous or vexatious circumstances;
(d) a court, or other person or body, under a State industrial law, cancelled or suspended a right of entry for industrial purposes that the permit holder had under that law;
(e) a court, or other person or body, under a State industrial law, disqualified the permit holder from exercising, or applying for, a right of entry for industrial purposes under that law;
(f) the permit holder otherwise acted improperly in relation to the exercise of rights under this Chapter.
(6) In this section:
acted improperly includes:
(a) exercising rights under this Chapter in a vexatious, unreasonable or inappropriate manner; and
(b) making unreasonable, vexatious or inappropriate use of information obtained by the permit holder as a result of exercising rights under this Chapter.
minimum disqualification period , in relation to action by the Industrial Registrar under subsection (4) (the current action ), means:
(a) if the Industrial Registrar has never previously taken action against the permit holder under that subsection—the period of 3 months starting when the current action is taken; or
(b) if the Industrial Registrar has previously taken action against the permit holder under that subsection on only one occasion—the period of 12 months starting when the current action is taken; or
(c) if the Industrial Registrar has previously taken action against the permit holder under that subsection on at least 2 occasions—the period of 5 years starting when the current action is taken.
(1) If the AIRC is satisfied that a union, or any official of a union, has abused the rights conferred by this Chapter, then the AIRC may make whatever orders it considers appropriate to restrict the rights of the union, or officials of the union, under this Chapter.
(2) The AIRC may make the orders:
(a) of its own motion; or
(b) on application by the ABC Commissioner.
(3) The orders may include:
(a) an order that revokes or suspends some or all of the permits that have been issued in respect of the union; and
(b) an order that imposes limiting conditions on some or all of the permits that have been issued in respect of the union or that might in future be issued in respect of the union; and
(c) an order that bans, for a specified period, the issue of permits in respect of the union, either generally or to specified persons.
For the purposes of this subsection, limiting condition means a condition that limits the circumstances in which a permit has effect.
(4) A union, or an official of a union, who is subject to an order under this section must comply with the order.
Note: Grade A civil penalty.
(5) The powers of the AIRC under this section are exercisable by:
(a) the President; or
(b) a Presidential Member assigned by the President for the purposes of the matter concerned; or
(c) a Full Bench, if the President so directs.
(1) If any of the following happens to a permit, then the permit holder must within 7 days return the permit to the Industrial Registrar:
(a) the permit is revoked;
(b) the permit expires;
(c) the permit is suspended;
(d) conditions are imposed on the permit after it is issued.
Note: Grade B civil penalty.
(2) In the case of a suspended permit, the Industrial Registrar must, on application by the permit holder or the permit holder’s union, return the permit to the permit holder after the end of the suspension period if the Industrial Registrar is satisfied that the permit is then still in force.
Note: In the meantime the permit might have been revoked or might have expired.
If conditions are imposed on a permit by the Industrial Registrar under section 184 or by the AIRC under section 185, then the permit ceases to have effect until the Industrial Registrar endorses those conditions on the permit.