Page 3761 - Week 08 - Friday, 24 August 2012
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a. Fair Work Building and Construction (FWBC) (formerly the Australian Building and Construction Commissioner), the Fair Work Ombudsman, the Australian Taxation Office and the Department of Immigration and Citizenship each have responsibility for administering differing aspects of the legislative framework.
b. WorkSafe ACT administers WHS on building sites and the ACT Revenue Office is responsible for payroll tax compliance. In addition, the Office of Regulatory Services and various other agencies are involved in licensing of contractors etc.
3. The ACT, in its submission to the review of the Commonwealth’s Fair Work Act 2009, recommended changes that would provide a tougher prosecution regime on sham contracting.
4. On 2 August 2008 Hon Bill Shorten MP, Minister for Employment and Workplace Relations, released the Fair Work Act Review Panel’s final report, entitled Towards more productive and equitable workplaces: An evaluation of the Fair Work legislation. In part, the review panel’s report deals with suggested changes to provisions that make sham contracting practices an offence. The Commonwealth will consult the ACT Government through the Select Council on Workplace Relations on the findings and recommendations set out in that report.
5. The ACT also continues to work with the Commonwealth through national fora to implement a pilot sham contracting compliance program. This is to be a joint operation between various ACT Government Directorates, relevant unions, FWBC, the Australian Taxation Office and the Department of Immigration and Citizenship. It is anticipated that the program will concentrate on the construction, security and cleaning industries. Consultation with stakeholders on the proposed compliance program is ongoing.
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