{"id":"C2004A03131","name":"Building Industry Act 1985","slug":"building-industry-act-1985","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"92 of 1985","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7134,"registerId":"commonwealth-C2004A03131-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Building Industry Act 1985.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on the day on which it receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> award means an award made under the Conciliation and Arbitration Act, an order made by the Commission under that Act, an industrial agreement made pursuant to that Act or a memorandum certified in accordance with section 28 of that Act.\n\n> branch, in relation to an organization, includes any part of the organization established under the rules of the organization.\n\n> Commission means the Australian Conciliation and Arbitration Commission.\n\n> Conciliation and Arbitration Act means the Conciliation and Arbitration Act 1904.\n\n> Federation:\n\n    (a) subject to the following paragraphs, means the organization registered under the Conciliation and Arbitration Act by the name ‘The Australian Building Construction Employees’ and Builders Labourers’ Federation’ or, if the name of that organization is changed, that organization under the new name;\n    (b) if the registration of the organization referred to in paragraph (a) is cancelled under section 5, means, in relation to a time after the cancellation:\n    (i) the association that was registered as that organization; or\n    (ii) if the name of that association is changed or all or a substantial number of the members of that association form a new association in or in connection with the industry or a part of the industry in or in connection with which that association was formed—that association under the new name or the new association, as the case may be; or\n    (c) if the registration of the organization referred to in paragraph (a) is cancelled as mentioned in paragraph (b) and the association that constitutes the Federation by virtue of paragraph (b) becomes registered, by whatever name, as an organization under section 132 of the Conciliation and Arbitration Act, means, in relation to a time after the registration of that association under that section, that association as so registered.\n\n> Full Bench means a Full Bench of the Commission constituted in accordance with section 17 of the Conciliation and Arbitration Act.\n\n> industrial action means:\n\n    (a) the performance of work (being work the terms and conditions of which are prescribed, wholly or partly, by an award) in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to such work, where the performance of the work in that manner or the adoption of that practice results in a restriction or limitation on, or a delay in, the performance of the work;\n    (b) a ban, limitation or restriction on the performance of work, or on acceptance of or offering for work, in accordance with the terms and conditions prescribed by an award;\n    (c) a failure or refusal by persons to attend for work or a failure or refusal to perform any work at all by persons who attend for work; or\n    (d) action that hinders or prevents a person from performing work;\n  but does not include the performance of work in a manner, the adoption of a practice, a ban, limitation or restriction, a failure or refusal, or action, that is authorised by the employer of the persons concerned.\n\n> organization means an organization registered under the Conciliation and Arbitration Act.\n\n> Registrar means the Industrial Registrar or a Deputy Industrial Registrar appointed under the Conciliation and Arbitration Act.\n\n> undertaking includes any promise, commitment, pledge or other assurance and also includes a statement of intention or policy.\n\n  (2) Conduct is capable of constituting industrial action notwithstanding that the conduct concerned relates to part only of the duties that persons are required to perform in the course of their employment.\n  (3) A reference in this Act to industrial action shall be read as including a reference to a course of conduct consisting of a series of industrial actions.","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Application of Criminal Code","content":"#### 3A Application of Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application to Commission for declaration in relation to Federation","content":"#### 4 Application to Commission for declaration in relation to Federation\n\n  (1) If, on application by the Minister, the Commission is satisfied that:\n    (a) the Federation or a prescribed person has, whether before or after the commencement of this Act, engaged in industrial action that constituted a contravention of, was in support of a claim that constituted a contravention of, or was inconsistent with the intent of:\n    (i) an undertaking given to the Commission, to the Registrar or to the Federal Court of Australia on behalf of the Federation;\n    (ii) an undertaking relating to the performance of work, to claims concerning the terms and conditions of employment, or to the prevention or settlement of industrial disputes, given on behalf of the Federation to a party to a proceeding before the Commission, the Registrar or the Federal Court of Australia to which the Federation was a party; or\n    (iii) an agreement relating to the performance of work, to claims concerning the terms and conditions of employment or to the prevention or settlement of industrial disputes in the building industry or a part of the building industry;\n    (b) the Federation or a prescribed person has, whether before or after the commencement of this Act, engaged in conduct that prevented or seriously hindered the achievement of an object of the Conciliation and Arbitration Act; or\n    (c) the Federation or a prescribed person has, whether before or after the commencement of this Act, engaged in conduct that is inimical to the prevention and settlement of industrial disputes by means of conciliation and arbitration;\n  the Commission shall make a declaration that it is so satisfied and cause the declaration to be recorded in writing.\n  (2) In relation to a time before the commencement of this Act, being a time after the registration under the Conciliation and Arbitration Act of the organization known as The Australian Building Construction Employees’ and Builders Labourers’ Federation was cancelled and before the association that had been registered as that organization again became registered as an organization under that Act, the reference in subparagraph (1)(a)(i) to an undertaking given on behalf of the Federation shall be construed as a reference to an undertaking given on behalf of that association.\n  (3) For the purposes of this section, any industrial action or any conduct that has been or is engaged in by members of the Federation shall be deemed to have been engaged in by the Federation if:\n    (a) it is proved that the Federation or a prescribed person instigated or encouraged that industrial action or that conduct; or\n    (b) in a case to which paragraph (a) does not apply—the Federation does not prove that the Federation or a prescribed person took all reasonable steps to prevent that industrial action or that conduct.\n  (4) For the purposes of this section, the person or group of persons referred to in any one of the following paragraphs constitutes or constitute a prescribed person:\n    (a) the committee of management of the Federation;\n    (b) the committee of management of a branch of the Federation;\n    (c) an officer, employee or agent of the Federation in the performance of duties as such an officer, employee or agent;\n    (d) a member of the Federation in the performance of the function of dealing with an employer on behalf of members of the Federation.\n  (5) In the hearing of an application by the Minister under this section, the Commission may have regard to:\n    (a) any evidence given or statements made in any other proceedings before the Commission, whether constituted as a Full Bench or otherwise, and any findings made by the Commission in any such proceedings;\n    (b) any evidence given or statements made in any proceedings before the Registrar and any findings made by the Registrar in any such proceedings;\n    (c) any evidence given in any proceedings before the Federal Court of Australia and any findings made by that Court in any such proceedings; and\n    (d) any evidence given in any proceedings of a Royal Commission that was appointed to inquire into the activities of the Federation and any report made by such a Royal Commission.\n  (6) Where an application is made by the Minister under this section, the Commission shall hear and determine the application as quickly as is appropriate having regard to all the circumstances.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Orders by Minister in relation to Federation","content":"#### 5 Orders by Minister in relation to Federation\n\n  (1) Where the Commission makes a declaration under section 4, the Minister may, if the Minister is of the opinion that it is desirable to do so having regard to the public interest in securing the prevention and settlement by conciliation and arbitration of industrial disputes extending beyond the limits of any one State or in maintaining peace, order and good government in a Territory:\n    (a) by order in writing, direct the Registrar to cancel the registration of the Federation under the Conciliation and Arbitration Act; or\n    (b) by order in writing, terminate, or suspend to the extent specified in the order, any of the rights, privileges or capacities of the Federation or of all or any of its members, as such members, under the Conciliation and Arbitration Act or under the rules of the Federation (other than rules relating to the industry in or in connection with which the Federation is registered under the Conciliation and Arbitration Act or rules relating to the conditions of eligibility for membership of the Federation).\n  (2) Where the Minister makes an order under paragraph (1)(b) in relation to the Federation, the Minister may make such further order or orders in writing as is or are necessary to give effect to the first‑mentioned order.\n  (3) Where the Minister makes an order or orders under paragraph (1)(b), or under that paragraph and under subsection (2):\n    (a) the Registrar shall forthwith consider whether any alterations need to be made to the rules of the Federation (other than rules relating to the industry in or in connection with which the Federation is registered under the Conciliation and Arbitration Act or rules relating to the conditions of eligibility for membership of the Federation) for the purpose of giving effect to the order or orders; and\n    (b) if the Registrar determines that any such alterations need to be made, the Registrar shall certify in writing the alterations so determined and, upon the Registrar so certifying:\n    (i) those rules shall be deemed to be altered accordingly; and\n    (ii) no further alterations to those rules may be made if the making of those alterations would be inconsistent with the order or orders made by the Minister.\n  (4) Except for the purposes of the application of the provisions of paragraph (1)(b) or of subsection (2) or (3) in or in relation to a Territory, a reference in those provisions to the Federation shall be construed as a reference to the organization registered under the Conciliation and Arbitration Act by the name ‘The Australian Building Construction Employees’ and Builders Labourers’ Federation’ or, if the name of that organization is changed, that organization under the new name.\n  (5) The making of an order or orders by the Minister in relation to the Federation under paragraph (1)(b) does not prevent the Minister from making an order in relation to the Federation under paragraph (1)(a).\n  (6) Where the Minister, by order under subsection (1), directs the Registrar to cancel the registration of the Federation under the Conciliation and Arbitration Act, the Minister may, by that order or by a later order in writing, specify a condition or conditions with which the Federation is required to comply before it may be registered under section 132 of the Conciliation and Arbitration Act.\n  (7) Notwithstanding anything in section 132 of the Conciliation and Arbitration Act, where the registration of the Federation is cancelled in accordance with a direction given by the Minister under subsection (1), the Federation is not entitled to be registered under section 132 of the Conciliation and Arbitration Act unless:\n    (a) if the Minister has, in accordance with subsection (6), specified a condition or conditions in relation to the Federation—the Minister declares, by order in writing, that that condition has, or those conditions have, been complied with; or\n    (b) in a case to which paragraph (a) does not apply—the Minister declares, by order in writing, that the Federation may apply to be registered under section 132 of the Conciliation and Arbitration Act.\n  (8) Where a declaration has been made under paragraph (7)(a) or (b), the Minister may also, by order in writing, declare that, for the purpose of any application by the Federation to be registered under section 132 of the Conciliation and Arbitration Act, a provision or provisions of the Conciliation and Arbitration Act, or of regulations in force under that Act, specified in the order does not or do not apply to or in relation to the Federation.\n  (9) Where:\n    (a) the registration of the Federation is cancelled in accordance with a direction given by the Minister under subsection (1);\n    (b) after the cancellation, the Federation becomes registered as an organization under section 132 of the Conciliation and Arbitration Act;\n    (c) the Minister has, in accordance with subsection (6), specified a condition or conditions in relation to the Federation; and\n    (d) on application by the Minister, the Commission is satisfied that the Federation has ceased to comply with that condition or any one or more of those conditions;\n  the Commission shall make a declaration that it is so satisfied and cause the declaration to be recorded in writing.\n  (10) Where a declaration is made by the Commission under subsection (9), subsection (1) has effect in like manner as it has effect in relation to a declaration made by the Commission under section 4.\n  (11) A person shall not contravene or fail to comply with an order made by the Minister under paragraph (1)(b) or subsection (2).\n\nPenalty: 100 penalty units.\n\n  (12) The Federal Court of Australia may, upon application by the Minister, grant such injunctions as it thinks necessary for the purpose of ensuring compliance with this section.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Powers and procedure of Commission","content":"#### 6 Powers and procedure of Commission\n\n  (1) The powers of the Commission under this Act are exercisable by a Full Bench and not otherwise.\n  (2) The provisions of the Conciliation and Arbitration Act, and of the regulations in force under that Act, with respect to the procedure and powers of the Commission in relation to proceedings before the Commission under that Act apply, so far as they are capable of application, to and in relation to proceedings before the Commission under this Act.\n  (3) On an application under section 4 or 5:\n    (a) the Commission shall give the Federation an opportunity of being heard; and\n    (b) the Minister, the Federation and any person granted leave to intervene may be represented by counsel or solicitor.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Effect on Federation of cancellation of registration","content":"#### 7 Effect on Federation of cancellation of registration\n\n  (1) If the registration of the Federation under the Conciliation and Arbitration Act is cancelled under section 5, the following provisions of this section have effect.\n  (2) Subsection 143(5) of the Conciliation and Arbitration Act does not apply in relation to the Federation or to its members but subsections 143(4) and (6) of that Act apply.\n  (3) Any award that would, but for this subsection, apply to the Federation or to its members ceases to have any force or effect in relation to the Federation and its members.\n  (4) The Federation is not capable of being a party to, and shall not be permitted to intervene in, a proceeding before the Commission and is not capable of being a party to an award made by the Commission and the Commission does not have any powers under the Conciliation and Arbitration Act in relation to an industrial dispute within the meaning of that Act in so far as that dispute involves members of the Federation.\n  (5) A person or an organization or association of employees is not entitled to be represented by an officer, employee, agent or member of the Federation in any proceedings before the Federal Court of Australia, the High Court, the Commission or the Registrar other than proceedings by the Federation for registration under section 132 of the Conciliation and Arbitration Act.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Limitation on coverage of work by Federation","content":"#### 8 Limitation on coverage of work by Federation\n\n  (1) Where the Commission makes a declaration under section 4 or under subsection 5(9), the Minister may, if the Minister is of the opinion that it is desirable to do so having regard to the public interest in securing the prevention and settlement by conciliation and arbitration of industrial disputes extending beyond the limits of any one State or in maintaining peace, order and good government in a Territory, by order in writing, declare that the rules of the Federation relating to the industry in or in connection with which the Federation is registered under the Conciliation and Arbitration Act and to the conditions of eligibility for membership of the Federation shall cease to have any effect in relation to work in a part or parts of Australia specified in the order.\n  (2) Where the Minister makes an order under subsection (1):\n    (a) the Registrar shall forthwith determine the alterations that need to be made to the rules of the Federation for the purpose of giving effect to the order and shall record the alterations so determined in the register, and upon the certificate of registration, under the Conciliation and Arbitration Act, and, when those alterations are so recorded:\n    (i) those rules shall be deemed to be altered accordingly; and\n    (ii) no further alteration to those rules, to the extent (if any) that the alteration would relate to work in a part of Australia specified in the order, may be made without the consent in writing of the Minister; and\n    (b) the Federation is not entitled, for the purposes of the Conciliation and Arbitration Act, to make any claims for or on behalf of any persons, or to represent any members, in a part or parts of Australia specified in the order.\n  (3) At the expiration of 28 days after the making of an order under subsection (1), any award that would, but for this subsection, apply to the Federation or to its members ceases to have any effect in relation to the Federation and its members unless the Commission has, within that period, varied the award so that it ceases to apply to the Federation and to its members in relation to work performed in the part or parts of Australia specified in the order.\n  (4) While an order is in force under subsection (1), section 5 of the Conciliation and Arbitration Act has effect in relation to, or in relation to the employment of, an employee in a part of Australia specified in the order, or in relation to work by an employee in the service of his or her employer in such a part of Australia, as if references in that section to an organization or to a branch of an organization did not include references to the Federation or to a branch of the Federation.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Minister may allocate coverage of Federation work to other organizations","content":"#### 9 Minister may allocate coverage of Federation work to other organizations\n\n  (1) Where the Commission makes a declaration under section 4 or under subsection 5(9), the Minister may, by order in writing, declare that this section applies in relation to an organization of employees specified in the order in respect of work, in a part or parts of Australia specified in the order, in an industry in respect of which the Federation is or has been registered under the Conciliation and Arbitration Act.\n  (2) The Minister may make different orders under subsection (1) in respect of different organizations of employees in respect of different kinds or classes of work.\n  (3) Where:\n    (a) an order is made under subsection (1) in relation to an organization of employees;\n    (b) under the rules of that organization, employees who are employed in work of a kind or class specified in the order are not eligible for membership of that organization; and\n    (c) that organization consents to the making by the Minister of a declaration under this subsection in respect of that organization;\n  the Minister may, by order in writing, declare that it is desirable that those employees be eligible for membership of that organization and, if such an order is made:\n    (d) the Registrar shall forthwith determine the alterations that need to be made to those rules in order to make those employees eligible for membership of that organization and shall record the alterations so determined in the register, and upon the certificate of registration, under the Conciliation and Arbitration Act; and\n    (e) when those alterations are so recorded, those rules shall be deemed to be altered accordingly.\n  (4) The Minister shall not make an order under this section unless the Minister is of the opinion that it is desirable to make the order having regard to the public interest in securing the prevention and settlement by conciliation and arbitration of industrial disputes extending beyond the limits of any one State or in maintaining peace, order and good government in a Territory.\n  (5) An order made under this section after the cancellation of the registration of the Federation under section 5 continues in force notwithstanding that the Federation again becomes registered under the Conciliation and Arbitration Act.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Commission may allocate coverage of Federation work to other organizations","content":"#### 10 Commission may allocate coverage of Federation work to other organizations\n\n  (1) If, after the making by the Commission of a declaration referred to in subsection 9(1), the Minister certifies in writing that the Minister does not propose to make any orders under section 9 in consequence of that declaration in respect of a particular part of Australia, the Commission may, subject to this section, upon application by an organization of employees or by the Minister, make a declaration that this section applies in relation to an organization of employees specified in the order (whether or not the organization that made the application) in respect of work, in that part of Australia, in an industry in respect of which the Federation is or has been registered under the Conciliation and Arbitration Act and, where the Commission makes such a declaration, it shall cause the declaration to be recorded in writing.\n  (2) The Commission may make different declarations under subsection (1) in respect of different organizations of employees in respect of different kinds or classes of work.\n  (3) The Commission is not entitled to make a declaration under subsection (1) in respect of an organization of employees in respect of a kind or class of work unless the Commission is satisfied that:\n    (a) under the rules of that organization, employees who are employed in work of that kind or class are not eligible for membership of that organization;\n    (b) that organization consents to the making by the Commission of the declaration; and\n    (c) the Commission considers that it is desirable that those employees be eligible for membership of that organization to ensure that the objects of the Conciliation and Arbitration Act are achieved and that those employees will be effectively represented for the purposes of that Act.\n  (4) Where the Commission makes a declaration under subsection (1) in respect of an organization of employees:\n    (a) the Registrar shall forthwith determine the alterations that need to be made to the rules of that organization to make the employees concerned eligible for membership of that organization and shall record the alterations so determined in the register, and upon the certificate of registration, under the Conciliation and Arbitration Act; and\n    (b) when those alterations are so recorded, those rules shall be deemed to be altered accordingly.\n  (5) A declaration made under subsection (1) after the cancellation of the registration of the Federation under section 5 continues in force nothwithstanding that the Federation again becomes registered under the Conciliation and Arbitration Act.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Proceedings under subsection 139(1) of the Conciliation and Arbitration Act","content":"#### 11 Proceedings under subsection 139(1) of the Conciliation and Arbitration Act\n\n  Nothing in section 9 or 10 prevents an organization of employees from making an application to the Registrar under subsection 139(1) of the Conciliation and Arbitration Act for consent to a change in the rules of the organization in so far as they relate to conditions of eligibility for membership or the description of the industry in connection with which the organization is registered but the Registrar shall not deal with such an application to the extent (if any) to which the matter that is the subject of the application is a matter in respect of which the Registrar is taking action under paragraph 9(3)(d) or 10(4)(a) of this Act.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Evidence of declaration","content":"#### 12 Evidence of declaration\n\n  A document signed by the Registrar stating that the Commission made a declaration under section 4, subsection 5(9) or section 10 on a day specified in the document and purporting to set out the terms of the declaration is prima facie evidence of the matters stated in the document.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Orders by the Minister","content":"#### 13 Orders by the Minister\n\n  Where the Minister makes an order under this Act:\n    (a) a copy of the order shall be published in the Gazette; and\n    (b) the order comes into force on the day on which the copy of the order is published in the Gazette.","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Regulations","content":"#### 14 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Cessation of Act","content":"#### 15 Cessation of Act\n\n  This Act shall cease to be in force on a day to be fixed by Proclamation.","sortOrder":15}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"3(1) - definition of 'Federation' paragraph (b)(ii)","severity":"high","reasoning":"A new association formed by former members would be a distinct legal entity with no necessary continuity of management, purpose, or culpability. Treating it as the 'Federation' for penalty purposes imputes liability to an entity that may never have engaged in the conduct that triggered the Act, purely on the basis of membership composition. This is analytically incoherent and potentially punishes innocent associations.","confidence":0.82,"description":"The definition of 'Federation' includes 'a new association' formed by 'all or a substantial number of the members' after deregistration, meaning the Act can bind an entirely different legal entity that did not exist at the time of any wrongdoing, solely by virtue of membership overlap."},{"type":"impossible_compliance","section":"4(3)(b)","severity":"high","reasoning":"Proving 'all reasonable steps' is a notoriously difficult evidentiary burden. In a large union with decentralised membership, it is practically impossible to demonstrate that every conceivable preventive step was taken. The provision effectively creates a presumption of guilt that is near-impossible to rebut, particularly for spontaneous or localised industrial action by rank-and-file members without leadership involvement.","confidence":0.78,"description":"The Federation bears the burden of proving it took 'all reasonable steps' to prevent industrial action by its members. This creates an effectively impossible standard: an organisation must prove a universal negative — that it did everything reasonably possible — or be deemed to have instigated the conduct."},{"type":"retroactive_impossibility","section":"4(1)(a) - 'whether before or after the commencement of this Act'","severity":"high","reasoning":"Applying a statutory declaration mechanism to pre-commencement conduct means the Federation could be penalised under a framework it had no notice of at the time of the conduct. While retrospective legislation is not per se unlawful in Australia, the specific mechanism here — using historic conduct to trigger contemporary cancellation of registration — is logically problematic: the parties could not have organised their affairs to avoid the Act's consequences, as the Act did not yet exist.","confidence":0.85,"description":"The Act applies to conduct 'whether before or after the commencement of this Act', including breaches of undertakings or agreements that may predate the Act's existence. This allows the Act to be triggered by conduct that occurred before the legal regime under which it is being assessed existed."},{"type":"other","section":"5(7) and 5(6)","severity":"high","reasoning":"The Minister directs cancellation, specifies re-registration conditions under s5(6), and then under s5(7)(a) is the sole arbiter of whether those conditions are met. There is no provision for Commission review, Federal Court review, or any objective standard. Combined with the definition of 'undertaking' in s3(1) — which includes 'a statement of intention or policy' — the conditions could be vague and the Minister's assessment entirely subjective, creating a potentially indefinite and unreviewable ban.","confidence":0.8,"description":"After cancellation of registration, the Federation cannot re-register unless the Minister declares compliance with conditions the Minister specified. The Minister is both the entity that sets the conditions and the sole judge of whether they have been met, with no independent review mechanism specified, creating an unreviewable ministerial gate."},{"type":"other","section":"3(1) - definition of 'undertaking'","severity":"medium","reasoning":"Equating a 'statement of intention or policy' with a binding undertaking is a significant logical overreach. Statements of intention are inherently aspirational and contingent; they do not ordinarily carry the normative force of promises or commitments. Using such statements as the basis for deregistration proceedings conflates aspirational communication with enforceable obligations and creates a chilling effect on any policy communication by the Federation.","confidence":0.75,"description":"An 'undertaking' is defined to include 'a statement of intention or policy'. This means that a casual policy statement or expression of future intent — with no contractual or formal character — can constitute an undertaking, breach of which triggers the most severe consequences under the Act including deregistration."},{"type":"impossible_compliance","section":"8(3)","severity":"medium","reasoning":"A Full Bench requires multiple members to be convened, procedural notices to be given, and hearings conducted. In circumstances where a ministerial order has just been made (potentially in urgent or contested circumstances), expecting the Commission to complete this process within 28 days to prevent automatic award cessation imposes a near-impossible procedural burden, particularly given s6(2) imports all standard Conciliation and Arbitration Act procedural requirements.","confidence":0.7,"description":"Awards cease to have effect 28 days after a s8(1) order unless the Commission varies the award within that period. However, s6(1) requires Commission powers to be exercised by a Full Bench. Convening a Full Bench, giving the Federation an opportunity to be heard under s6(3), and varying an award within 28 days may be procedurally impossible in practice."},{"type":"other","section":"15","severity":"low","reasoning":"The cessation mechanism is entirely discretionary. The underlying legislative framework (Conciliation and Arbitration Act 1904) upon which the entire Act depends has been repealed (replaced by the Industrial Relations Act 1988 and subsequent legislation). This creates a structural absurdity: the Act remains nominally in force but references a repealed Act, a Commission that no longer exists, and a Registrar under a repealed scheme — rendering it operationally meaningless while technically never ceased.","confidence":0.88,"description":"The Act has no sunset date — it ceases only 'on a day to be fixed by Proclamation.' If no Proclamation is ever made, the Act remains in force indefinitely. However, given the Act targets a specific organisation (the Federation) and its effectiveness depends on the continued existence of that organisation and the Conciliation and Arbitration Act 1904 (long since repealed), the Act may be operationally spent while remaining technically in force."},{"type":"other","section":"3(1) - definition of 'industrial action' paragraph (d)","severity":"low","reasoning":"The exclusion at the end of the definition only covers conduct 'authorised by the employer'. This means any hindrance to work performance not authorised by an employer — including lawful industrial conduct — could fall within the definition. The breadth is particularly concerning given the severe consequences triggered by a finding of industrial action under s4.","confidence":0.65,"description":"'Action that hinders or prevents a person from performing work' is so broad that it could encompass lawful employer lockouts, legitimate picketing, or even inclement weather-related work stoppages if organised by the Federation, creating an impossibly wide definition."}],"contradictions":[{"severity":"high","section_a":"5(1)(b) - suspension or termination of rights excluding membership eligibility rules and industry rules","section_b":"8(1) - Minister may declare industry and membership eligibility rules cease to have effect","confidence":0.9,"description":"Section 5(1)(b) expressly excludes from ministerial orders 'rules relating to the industry in or in connection with which the Federation is registered' and 'rules relating to the conditions of eligibility for membership'. However, section 8(1) expressly empowers the Minister to make orders declaring those same rules 'shall cease to have any effect'. These provisions directly contradict each other as to the scope of ministerial power."},{"severity":"medium","section_a":"7(4) - Federation incapable of being party to Commission proceedings","section_b":"5(7) and 5(9) - Federation must participate in re-registration proceedings and Commission satisfaction hearings","confidence":0.72,"description":"Section 7(4) provides that after cancellation of registration, the Federation 'is not capable of being a party to' proceedings before the Commission, except for re-registration proceedings under s132. However, s5(9) contemplates the Commission holding a hearing on application by the Minister to determine whether the re-registered Federation has ceased to comply with conditions — a proceeding in which the Federation would logically need to participate to defend itself, but s7(4)'s restriction (applicable during deregistration) may prevent it from doing so before re-registration is confirmed."},{"severity":"low","section_a":"6(1) - Commission powers exercisable by Full Bench only","section_b":"4(5) - definition of 'Full Bench' incorporates section 17 of the Conciliation and Arbitration Act","confidence":0.58,"description":"Section 6(1) mandates all Commission powers under this Act be exercised by a Full Bench. Section 6(2) imports Conciliation and Arbitration Act procedural provisions 'so far as they are capable of application'. If the Full Bench constitution requirements under s17 of that Act impose quorum or composition rules that cannot be satisfied (e.g., if relevant presidential members are unavailable), the Act provides no fallback mechanism, making compliance with s6(1) potentially impossible while simultaneously being mandatory."},{"severity":"medium","section_a":"9(5) - orders under section 9 continue despite Federation re-registration","section_b":"3(1) definition of 'Federation' paragraph (c) - re-registered Federation becomes the 'Federation' for all Act purposes","confidence":0.68,"description":"Section 9(5) provides that coverage allocation orders made after cancellation continue despite re-registration. But under s3(1)(c), once re-registered, the association is again the 'Federation' for all Act purposes — including s8 and s9. This creates a situation where the re-registered Federation simultaneously is 'the Federation' subject to the Act's full regime, yet subject to continuing orders made when it was not 'the Federation' (i.e., was an unregistered association), potentially creating overlapping and inconsistent obligations."},{"severity":"low","section_a":"11 - Registrar must not deal with s139 applications on matters being actioned under s9(3)(d) or 10(4)(a)","section_b":"9(3)(d) and 10(4)(a) - Registrar must 'forthwith' determine and record rule alterations","confidence":0.6,"description":"Section 11 creates a prohibition on the Registrar dealing with independent membership rule applications to the extent a matter is being actioned under s9(3)(d) or 10(4)(a). However, s9(3)(d) and s10(4)(a) both require the Registrar to act 'forthwith', implying instantaneous action. If the Registrar is simultaneously processing a s139 application when a ministerial or Commission order is made, s11 creates a retroactive prohibition that conflicts with any pending procedural steps already underway under s139, with no mechanism to resolve which obligation prevails."}]},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act is narrowly and precisely targeted at its stated subject matter throughout — the regulation, discipline, and potential deregistration of the BLF specifically. There is no evidence of scope creep; every provision directly serves the central purpose of empowering the Minister and Commission to act against that one union. The Act's own sunset clause confirms it was always intended as a focused, temporary intervention rather than a broad industrial relations framework."},"complexity_factors":["Highly specific target — the entire Act is designed around a single named organisation (the BLF), requiring complex definitional provisions to track the organisation through name changes, deregistration and re-registration","Multi-stage decision-making process involving three separate institutions (Minister, Commission, Registrar) with interlocking powers and conditional triggers","Extensive cross-referencing to a separate, now-repealed statute (Conciliation and Arbitration Act 1904), making the Act impossible to interpret in isolation","Complex cascading consequences — deregistration triggers a chain of legal effects on awards, representation rights, and membership eligibility","Provisions covering both past and future conduct, with retrospective application creating interpretive difficulty","Deeming provisions — rules are 'deemed' altered by Registrar action without normal legislative amendment processes","Multiple conditional pathways for re-registration with different requirements depending on whether conditions were set at the time of deregistration","Interplay between federal industrial law, constitutional heads of power (interstate disputes, territories), and criminal responsibility under the Criminal Code","Built-in sunset clause adds an additional layer of temporal complexity"],"plain_english_summary":"## Building Industry Act 1985\n\n### What is this law about?\n\nThis Act was specifically designed to deal with one particular trade union: **the Australian Building Construction Employees' and Builders Labourers' Federation (the BLF)**. It was emergency legislation targeting a union that the government considered to be causing serious industrial disruption in the building and construction sector.\n\n### Who does it affect?\n- **The BLF and its members** — the union could be deregistered (stripped of its legal status) or have its rights severely restricted\n- **Building industry workers** who were BLF members could lose the protections of their industrial awards (legally binding agreements setting out wages and conditions)\n- **Other unions** — could be allocated coverage of work previously done by BLF members\n- **Employers** in the building industry\n\n### What does it actually do?\n\n**Step 1 — The Commission makes a finding:** The Minister can ask the Australian Conciliation and Arbitration Commission (the national industrial relations tribunal of the time) to formally declare that the BLF has:\n- Broken promises (undertakings) it gave to courts or tribunals\n- Prevented industrial disputes from being resolved properly\n- Acted against the system of resolving disputes through negotiation and arbitration\n\n**Step 2 — The Minister can then take action**, including:\n- **Cancelling the BLF's registration** — essentially making it no longer a legally recognised union, stripping it of all legal rights and protections\n- **Suspending or terminating the BLF's rights and privileges** without fully deregistering it\n- **Restricting where the BLF can operate** geographically across Australia\n- **Handing the BLF's coverage** (the work and workers it represented) to other unions\n\n**If the BLF is deregistered:**\n- Its awards (the legal agreements covering workers' pay and conditions) stop applying\n- It cannot participate in tribunal proceedings\n- Its officers cannot represent workers in courts or tribunals\n- It can only re-register if the Minister says it can, and only after meeting conditions the Minister sets\n\n### Why does this matter historically?\nThis Act was part of a coordinated federal and state government response to the BLF, which was considered one of the most militant unions in Australian history. The BLF was ultimately deregistered under this legislation. The Act has a built-in expiry clause — it stops operating on a date set by Proclamation — reflecting its intended use as a targeted, temporary measure.\n\n### Criminal liability\nBreaching Ministerial orders under this Act carries a **financial penalty (100 penalty units)**. Federal courts can also issue injunctions (court orders forcing compliance) on the Minister's application."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act is narrowly framed to address the status, registration and coverage of the organisation defined as the Australian Building Construction Employees’ and Builders Labourers’ Federation and specified persons connected with it (section 3). Its provisions—declarations by the Commission (section 4), Ministerial cancellation or suspension of registration or rights (section 5), reallocation of coverage to other organisations (sections 9 and 10), and the consequential effects on awards and representation (sections 7 and 8)—are internal to that objective. Based on the text provided, the statutory scope is consistent with that targeted object and does not broaden beyond those mechanisms or subjects."},"complexity_factors":["Interplay with the Conciliation and Arbitration Act and reliance on awards and registration mechanisms (see sections 3, 6, 7, 8).","High degree of Ministerial discretion tied to subjective 'public interest' assessments (see sections 5(1) and 9(4)).","Requirement that Commission powers under this Act be exercised only by a Full Bench, adding procedural formality (section 6(1)).","Multiple pathways for reallocating coverage (Ministerial orders under section 9 and Commission declarations under section 10) with differing preconditions.","Registrar’s immediate duty to alter registered rules and certificates on ministerial or Commission action, creating administrative and evidentiary effects (sections 5(3), 9(3)(d)–(e), 10(4), 12).","Penalties and application of the Criminal Code to offences, and availability of Federal Court injunctions (sections 3A, 5(11)–(12)).","Temporal sequencing and transitional effects on awards and representation rights (section 8(3) 28‑day rule; sections 7 and 8).","Narrow, targeted subject matter (a named Federation) combined with potentially wide operational effects across geographic parts of Australia (sections 3 definition of Federation, 5, 8)."],"plain_english_summary":"What this law does, in simple terms\n\n- Mechanically, the Act creates a legal pathway for the Commonwealth to: (a) ask the Australian Conciliation and Arbitration Commission (the Commission) to declare that the organisation known as “The Australian Building Construction Employees’ and Builders Labourers’ Federation” (the Federation) has engaged in disqualifying conduct (section 4); and (b) on the basis of that declaration, allow the Minister to cancel the Federation’s registration or to suspend or terminate specified rights and capacities of the Federation or its members under the Conciliation and Arbitration Act or the Federation’s rules (section 5). Orders by the Minister must be published in the Gazette and take effect on publication (section 13). The Act also gives the Minister or the Commission power to reallocate the industrial “coverage” (i.e. the right to represent workers and make claims) of work formerly covered by the Federation to other organisations (sections 9 and 10). Other consequential provisions deal with the effect on awards and representation rights (sections 7 and 8), enforcement (penalty and injunction—section 5(11)–(12)), and administrative steps such as the Registrar altering registered rules (sections 5(3), 9(3)(d)–(e), 10(4)). Chapter 2 of the Criminal Code applies to offences against the Act (section 3A). The Act expires on a day fixed by proclamation (section 15).\n\nWho this affects and who decides\n\n- Primary target: the organisation registered as “The Australian Building Construction Employees’ and Builders Labourers’ Federation” (the Federation) and prescribed persons connected with it (section 3 definition of \"Federation\"; section 4(4) on prescribed persons). The Act concentrates powers on a named organisation rather than on unions generally (section 3—definition of Federation).\n- Decision-makers: the Minister initiates action and has broad order-making powers once the Commission makes the statutory declaration (sections 4 and 5). The Commission must first make the factual/legal declaration and its powers under this Act are exercisable only by a Full Bench (sections 4 and 6(1)). The Registrar implements specified alterations to registered rules once directed or certified (sections 5(3), 9(3)(d)–(e), 10(4)). The Federal Court may issue injunctions to secure compliance (section 5(12)).\n\nWhy the Act says it matters (official rationale) and how that rationale connects to costs and incentives\n\n- The Act frames the justification for Ministerial orders as the public interest in securing the prevention and settlement of industrial disputes by conciliation and arbitration that extend across States, and in maintaining peace, order and good government in Territories (sections 5(1) and 9(4)). The Commission’s declaration can be made where the Federation or a prescribed person has engaged in industrial action inconsistent with undertakings, or conduct that prevented or seriously hindered the objects of the Conciliation and Arbitration Act, or conduct inimical to conciliation and arbitration (section 4(1)(a)–(c)). The Commission may consider evidence from prior Commission, Registrar, Federal Court, or Royal Commission proceedings (section 4(5)).\n\nTesting that rationale against practical trade-offs, burdens and risks (source‑grounded)\n\n- Who pays: Federation members lose statutory representation and award coverage in affected areas if registration is cancelled or rules are declared ineffective for specified parts of Australia (sections 7(3) and 8(1)–(3)). That translates into immediate private costs for the Federation and for any members who relied on union representation or awards in those areas (sections 7 and 8).\n- Incentives and private choice: by cancelling registration or removing coverage the Act changes who can lawfully make claims and represent workers (sections 7(4)–(5), 9 and 10). Employers and workers face a change in bargaining counterparties—other organisations may gain eligibility to represent workers (sections 9 and 10). This reallocates membership opportunities and may alter competition among employee organisations (sections 9(1)–(3), 10(1)–(4)).\n- Costs to administration and compliance burden: the Registrar is required to \"forthwith\" determine and record rule alterations to implement Ministerial or Commission declarations (sections 5(3), 9(3)(d)–(e), 10(4)(a)). Those provisions create an immediate administrative duty and discretion for the Registrar to adjust registered rules and certificates of registration.\n- Legal and enforcement tools and their costs: non‑compliance with Ministerial orders is a statutory offence carrying a penalty of 100 penalty units (section 5(11)), the Criminal Code applies to offences (section 3A), and the Federal Court may grant injunctions to secure compliance (section 5(12)). These create enforcement costs for affected persons and organisations.\n- Effects on awards and industrial processes: awards that would otherwise apply to the Federation or its members cease to have effect in relation to them following cancellation (section 7(3)). Where coverage is removed for a geographic part, awards cease to apply after 28 days unless the Commission varies them (section 8(3)); this creates a built‑in adjustment period and potential discontinuity in industrial regulation.\n- Bureaucratic discretion and centralised decision‑making: the Minister exercises broad discretionary powers based on an opinion as to desirability in the public interest (sections 5(1), 9(4)). The Commission’s role is to make a declaration based on specified findings but the Minister’s subsequent orders and the Registrar’s rule alterations are the operational levers (sections 4–6, 5(3)). The discretion to set conditions for re‑registration and to disapply certain provisions of the Conciliation and Arbitration Act on re‑registration (sections 5(6)–(8)) further concentrates practical power with the Minister.\n- Substitution effects and opportunity costs: reallocating coverage to other organisations (sections 9 and 10) changes who can recruit members and bargain on terms and may shift negotiating leverage in the building industry. The Act allows the Minister or Commission to make employees eligible for membership in other organisations by altering rules (sections 9(3)(d)–(e), 10(4)(a)–(b)), which can alter union composition and the pool of representation without member-driven rule changes.\n- Implementation risk and evidentiary mechanics: the Commission may rely on findings from other proceedings including Royal Commissions (section 4(5)). The Registrar’s certificate is prima facie evidence of a Commission declaration (section 12), which simplifies proof of administrative acts but places weight on the Registrar’s documentation.\n- Effects on speech and representation in courts/tribunals: following cancellation the Federation cannot be a party to Commission proceedings or be permitted to intervene, and its officers or members cannot represent other parties in specified courts and tribunals (section 7(4)–(5)). That restricts certain advocacy and representation roles tied to the Federation.\n\nNet operational outline (who acts and what changes)\n\n- Commission: must be satisfied on specified grounds to make a declaration and does so via a Full Bench (sections 4 and 6(1)). The Commission may, in some circumstances, itself allocate coverage to other organisations where the Minister has declined to make orders (section 10).\n- Minister: may direct cancellation or suspend rights, set conditions for re‑registration, and make orders reallocating coverage (sections 5, 8, 9). Orders are published and come into effect on publication (section 13).\n- Registrar: implements rule alterations to registers and certificates as required by Ministerial order or by Commission declaration, and issues prima facie evidence of declarations (sections 5(3), 9(3)(d)–(e), 10(4), 12).\n\nKey statutory references (selected)\n\n- Commission declaration criteria and evidence sources: section 4 (including section 4(5)).\n- Ministerial powers to cancel registration and suspend rights; penalties and injunctions: section 5 (including 5(1), 5(6)–(12)).\n- Effect on awards and representation: sections 7 and 8 (including 7(3)–(5), 8(1)–(4)).\n- Reallocation of coverage to other organisations: sections 9 and 10.\n- Registrar’s implementation duties and evidence: sections 5(3), 9(3)(d)–(e), 10(4), and 12.\n- Application of Criminal Code to offences: section 3A.\n- Procedural limitation that powers under this Act are exercisable by a Full Bench of the Commission: section 6(1).\n\nBottom line (mechanical effect): the Act gives the Commonwealth (via the Commission and the Minister) statutory tools to remove or limit a named federation’s legal registration and representative coverage in the building industry, to transfer that coverage to other organisations, and to enforce compliance through penalties and court injunctions. These tools change which organisations may legally represent workers and which awards apply to those workers, impose administrative duties on the Registrar to alter registered rules, and concentrate significant decision‑making discretion in the Minister and the Commission (see sections 4–10, 12 and 5(11)–(12))."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original highly targeted scope. It was clearly designed from inception as a specific mechanism to regulate/deregister the BLF, and it has not expanded into general building industry regulation. The sunset clause (s 15) confirms it was intended as temporary, specific legislation rather than an enduring framework."},"complexity_factors":["Dense cross-referencing to the repealed Conciliation and Arbitration Act 1904 throughout (e.g., sections 132, 139, 143, definitions of 'award', 'organization', 'Commission')","Complex multi-layered definition of 'Federation' in section 3 that tracks the organisation through name changes, cancellation of registration, and re-registration scenarios","Nested conditional logic in section 4(1) with three alternative grounds for declaration, each with multiple sub-elements (e.g., (a)(i), (a)(ii), (a)(iii))","Deeming provisions and reverse onus of proof in section 4(3) — conduct by members is deemed conduct by the Federation unless the Federation proves it took 'all reasonable steps' to prevent it","Retrospective operation explicitly authorised (sections 4(1), 4(2) dealing with pre-Act conduct)","Interlocking trigger mechanisms between sections (declaration under s 4 triggers powers under s 5; declaration under s 5(9) triggers powers under ss 8-9)","Multiple deeming provisions altering the effect of other legislation (e.g., s 7 altering effect of Conciliation and Arbitration Act; s 8(4) modifying s 5 of that Act)","17 defined terms in the interpretation section, several incorporating external statutory concepts","Exception to exception structure in the definition of 'industrial action' (s 3(1)) — defining what is included then excluding what is authorised by employer","Geographic and temporal limitations with specific procedural requirements (e.g., 28-day window in s 8(3) for award variation)"],"plain_english_summary":"This is the **Building Industry Act 1985**, a highly targeted piece of Commonwealth legislation designed to regulate—effectively to discipline and potentially dismantle—a specific trade union: the Australian Building Construction Employees' and Builders Labourers' Federation (the 'Federation' or BLF).\n\n**What it does:**\nThe Act creates a special legal framework that allows the Minister and the Australian Conciliation and Arbitration Commission to take extraordinary measures against this single union if it engages in certain types of industrial action or conduct. These measures include:\n\n- **Cancellation of the union's registration** (meaning it loses its legal status as a registered organisation)\n- **Suspension or termination of its rights** under industrial relations law\n- **Stripping the union of its coverage** (rules about who it can represent) in specific parts of Australia\n- **Transferring the union's coverage to other unions** (effectively redistributing its members to rival organisations)\n\n**Who it affects:**\nPrimarily the BLF and its officials, members, and branches. It also affects other unions who might receive the BLF's transferred coverage, employers in the building industry, and the industrial relations system generally.\n\n**Why it matters:**\nThis Act represents a severe form of government intervention in industrial relations—singling out one organisation for punitive treatment. It was passed during a period of significant industrial conflict in the Australian building industry. The Act effectively creates a 'sword of Damocles' over the BLF: if the union or its officials engage in industrial action that breaches undertakings, hinders the arbitration system, or is 'inimical' (harmful) to dispute settlement, the Minister can trigger draconian penalties including deregistration.\n\nThe Act is **retrospective** (it can punish conduct before the Act was passed) and **auto-executing** in parts (the Commission *must* make declarations if satisfied of certain facts, leaving little discretion).\n\n**Key features:**\n- **Section 4**: Allows the Minister to apply for a declaration that the BLF has engaged in prohibited conduct\n- **Section 5**: Allows the Minister to cancel the BLF's registration or suspend its rights once a declaration is made\n- **Sections 8-10**: Allow the Minister or Commission to strip the BLF of coverage in geographic areas and give that coverage to other unions\n- **Section 15**: The Act is temporary (sunset clause) — it ceases by Proclamation"}},"importantCases":[],"_links":{"self":"/api/acts/building-industry-act-1985","history":"/api/acts/building-industry-act-1985/history","analysis":"/api/acts/building-industry-act-1985/analysis","conflicts":"/api/acts/building-industry-act-1985/conflicts","importantCases":"/api/acts/building-industry-act-1985/important-cases","documents":"/api/acts/building-industry-act-1985/documents"}}