The Royal Commission found that the building and construction industry was characterised by a widespread disregard for the law, cataloguing over 100 types of unlawful and inappropriate conduct.
After the two failed attempts to reintroduce the ABCC, in December 2016 Prime Minister Malcolm Turnbull called the double dissolution 2016 federal election.
Following the election, the reelected Turnbull government was successful in reinstating the ABCC with the vote of Senators Pauline Hanson's One Nation, Nick Xenophon Team and Derryn Hinch.
The CFMEU and workers had to prove a workplace was unsafe in order to put a stop to work on a site which has not happened to date[citation needed].
The ABCC provided free information and advice on pay, conditions, and workplace rights and obligations to building and construction industry participants.
The ABCC also investigated complaints relating to the underpayments of wages, sham contracting or any other denial of entitlements for those working in the building and construction industry.
The National Code and Guidelines encourage a culture of best practice workplace relations and the compliance to all legal obligations and ethical tendering requirements.
Union officials wishing to enter a building or construction worksite must hold a valid federal permit and in most instances must provide at least 24 hours written notice.
The ABCC needed these strong investigatory and compliance powers to break down the ‘wall of silence’, ‘culture of intimidation’ and ‘fear of speaking up’ in the industry.
The Government responded to the complaint by outlining the national conditions that led to the BCII Act, which included the Royal Commission's finding of a culture of lawlessness in the building and construction industry.
In March and April 2011 the ABCC held a series of roundtable events in Canberra, Sydney, Melbourne, Perth and Brisbane, to provide a forum for all industry participants to discuss the issues surrounding unethical practices and reach industry-wide solutions.
The recommendations range from looking at the legislative definitions of ‘employees’ and ‘contractors’, developing whole-of-government regulatory responses and examining how the ABCC might better conduct its core work investigating breaches of Australia's workplace laws.