Royal Commission into the Building and Construction Industry

Appointed by Letters Patent issued by Governor-General Peter Hollingworth on 8 August 2001 on the advice of the Howard government, countersigned by the Minister for Employment, Workplace Relations and Small Business (Tony Abbott) for the Prime Minister, naming the Hon Terence Cole RFD QC, a former judge of the NSW Court of Appeal, as sole Commissioner. Those Letters Patent were revoked and reissued in the same terms on 29 August 2001, adding declarations under the Royal Commissions Act 1902 and the Income Tax Assessment Act 1936. The terms of reference covered unlawful or otherwise inappropriate industrial and workplace practices in the industry (including fraud, corruption, collusion, coercion, violence and improper payments), the accounting for funds by employer and employee organisations and the management of industry training, long service leave, redundancy and superannuation funds, and measures to improve conduct. Single dwelling houses were excluded unless part of a multi-dwelling development. The report was originally due by 6 December 2002.

Legislation: Royal Commissions Act 1902

1. 29 August 2001Letters Patent of 8 August 2001 revoked and the Commissioner reappointed by new Letters Patent in the same terms, with added declarations under the Royal Commissions Act 1902 and the Income Tax Assessment Act 1936.
2. 15 August 2002Interim report delivered, recommending an interim Building Industry Taskforce.
3. 5 December 2002Letters Patent amended to extend the reporting date from 6 December 2002 to 31 January 2003.
4. 23 January 2003Letters Patent amended to extend the reporting date from 31 January 2003 to 24 February 2003.

Cole presented his final report (212 recommendations) to the Governor-General on 24 February 2003; it was tabled in Parliament on 26 and 27 March 2003. It found no organised crime but described lawlessness in industrial relations in the industry. Its recommendations led to the Building Industry Taskforce, the Building and Construction Industry Improvement Act 2005 and the Office of the Australian Building and Construction Commissioner, established in October 2005.

• Inquiry into unlawful or inappropriate industrial and workplace practices in the building and construction industry
• Inquiry into the financial accountability of industry organisations and industry funds
• Referral of possible breaches of law to Commonwealth, state and territory agencies
• Recommendations for legislative and administrative reform of the industry

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