The primary national workplace relations law. Key provisions for construction:

• Part 2-1 — National Employment Standards (NES) — minimum entitlements
• Part 2-3 — Modern Awards including Building and Construction General On-site Award 2020
• Part 2-4 — Enterprise Agreements — bargaining and approval
• Part 2-9 — Other terms and conditions of employment
• Part 3-1 — General Protections — adverse action, freedom of association
• Part 3-2 — Unfair dismissal
• Part 3-3 — Industrial action — protected and unprotected
• Part 3-4 — Right of Entry (see below for detail)
• Part 6-3 — Sham contracting arrangements

The primary modern award covering employers and employees engaged in on-site work in the building and construction industry. Sets minimum terms and conditions for tradespeople, labourers, apprentices, and supervisors.

Key areas covered:

• Coverage — building, civil construction, metal & engineering on-site work, group training services
• Classifications & minimum rates — CW1 to CW8 (general), CC1 to CC8 (civil), engineering streams
• Allowances — industry, tool, leading hand, height, multi-storey, follow-the-job, fares & travel patterns, living away from home
• Hours of work & RDOs — 38-hour week, rostered days off accrual, daylight saving
• Overtime & penalty rates — daily and weekly thresholds, weekend and public holiday loadings
• Casual conversion — pathways under the NES (sections 66A–66MA of the Fair Work Act)
• Termination, redundancy & income protection — including industry-specific severance scales
• Right to disconnect — clause covering employee contact outside ordinary hours

Important notes:

• The award is updated annually following the Fair Work Commission's Annual Wage Review (effective from the first full pay period on or after 1 July each year)
• Always check the consolidated current version on the Fair Work Commission website before relying on rates or clauses
• Where an enterprise agreement (EBA) applies, it generally overrides the award — but cannot leave employees worse off than the award (BOOT test)

→ View current consolidated award (Fair Work Commission)

→ Plain-English summary (Fair Work Ombudsman)

→ Current pay guide (PDF download)

Specific sections that govern union access to workplaces:

• Section 481 — Entry to investigate suspected contravention (24 hours notice required)
• Section 482 — Records and documents that may be inspected under s481
• Section 484 — Entry to hold discussions with workers (24 hours notice unless exempt)
• Section 487 — Permit holder must produce permit on request
• Section 489 — Person must not refuse entry to permit holder with valid permit
• Section 490 — Conduct of permit holders — must not act improperly
• Section 494 — Industrial action must not be organised during entry
• Section 500 — Permit holder must not hinder or obstruct work unreasonably
• Section 501 — Permit holder must comply with reasonable site WHS requirements
• Section 502 — Person must not refuse or hinder entry
• Section 503 — Person must not misrepresent to permit holder
• Section 505 — Routes and times — entry only during working hours

Note: WHS entry under the Work Health and Safety Act is separate from Fair Work entry:

• Section 117 — Right of entry to inquire into suspected WHS contravention
• Section 119 — Notice not required for WHS entry
• Section 121 — WHS entry permit must be produced on request
• Section 122 — Records and documents accessible under WHS entry
• Section 124 — Action that may be taken — inspect, photograph, take samples
• Section 142 — Person must not refuse or unduly delay entry

Primary modern award covering on-site construction work. Key provisions:

• Coverage of construction trades and labourers
• Classifications and minimum rates
• Allowances — site, industry, leading hand, multi-storey, special rates
• Hours of work and overtime
• Inclement weather provisions
• Redundancy entitlements (industry-specific)
• Apprentice provisions

• Plumbing and Fire Sprinklers Award 2020 (MA000036)
• Electrical, Electronic and Communications Contracting Award 2020 (MA000025)
• Mobile Crane Hiring Award 2020 (MA000032)
• Joinery and Building Trades Award 2020 (MA000029)
• Manufacturing and Associated Industries and Occupations Award 2020 (MA000010)

Provides practical guidance on managing risks in construction. Covers principal contractor duties, WHS Management Plans, SWMS requirements, induction, and consultation. Essential reference for construction PCBUs.

Guidance on the hierarchy of controls for fall prevention, including elimination, substitution, edge protection, fall arrest systems, and PPE. Critical for construction work above 2m.

Covers planning excavation work, ground stability, shoring and benching, services location (Dial Before You Dig), and emergency procedures.

Demolition planning, asbestos identification and management, structural assessment, exclusion zones, and sequence of operations.

Identifying confined spaces, atmospheric testing, entry permits, ventilation, communication, and rescue procedures.

The fundamental risk management code. Hazard identification, risk assessment, hierarchy of controls, monitoring and review.

Critical for construction sites where multiple PCBUs operate concurrently. Covers consultation with workers, HSRs, and other duty holders.

Two related codes covering identification, management plans, removal procedures, and licensing requirements for asbestos work.

Risk factors, assessment processes, and controls for manual handling tasks involving force, repetition, awkward postures, or sustained effort.

Determining first aid requirements, equipment, training, and procedures appropriate to workplace size and hazards.

The benchmark standard for Occupational Health and Safety Management Systems. ISO 45001 has largely replaced AS/NZS 4801. Required by many tier 1 builders for prequalification.

Series covering harnesses, lanyards, energy absorbers, anchorage, and selection/use of fall-arrest equipment. Mandatory reference for working at heights.

Specifications for hard hats. All site helmets should comply.

Hi-vis class requirements (Day, Day/Night). Most construction sites require Day/Night class garments.

Series covering safe use of various crane types — mobile, tower, vehicle loading. Operating procedures, inspections, and competency.

Design and construction of cranes. Combined with AS 2550 for full crane lifecycle compliance.

Series covering all aspects of scaffolding — design, materials, erection, use, dismantling, prefabricated frames, and tube and coupler systems.

Industrial ladder requirements. Construction sites require Industrial-rated ladders, not domestic.

The fundamental electrical installation standard. All electrical work must comply.

Specific to construction site electrical including temporary installations, RCDs, testing, and tag/test requirements.

The "test and tag" standard — frequency and procedures for inspecting portable electrical equipment.

Definition, identification, and management of confined spaces including atmospheric testing requirements.

National standard for measuring and reporting occupational injuries.

Selection, use, and maintenance of respirators (1715) and specifications for respiratory equipment (1716).

Requirements for safety boots — toe protection, sole punctures, slip resistance.

Series of guidelines explaining how the Model WHS Act provisions are intended to operate. Particularly useful series include:

• The meaning of "person conducting a business or undertaking" (PCBU)
• The meaning of "reasonably practicable"
• The health and safety duty of officers
• The meaning of "worker"
• Volunteers and the WHS Act

Targeted guidance for construction operations:

• Guide to Safe Work Method Statements — practical guide to preparing SWMS
• Guide for Tower Crane Use in Construction
• Guide to Working Safely with Mobile Cranes
• Guide for Managing the Risks of Falls in Housing Construction
• Working in the Vicinity of Overhead and Underground Electric Lines
• Concrete Pumping Guidance
• Construction Work involving Demolition Guide
• Tilt-Up and Pre-cast Construction Guide

Cross-industry guidance applicable to construction:

• Guide to Managing Risks of Exposure to Solar UV Radiation
• Guide for Managing the Risks of Working in Heat
• Guide for Preventing and Responding to Workplace Bullying
• Guide for Managing the Risks of Fatigue at Work
• Working Alone Guide
• Guide on Managing the Risks of Plant in the Workplace
• Welding Processes Guide

Victoria has specific Compliance Codes (equivalent to Codes of Practice elsewhere) including:

• Compliance Code: Prevention of Falls in General Construction
• Compliance Code: Prevention of Falls in Housing Construction
• Compliance Code: Excavation
• Compliance Code: Demolition
• Compliance Code: Communicating OHS across languages
• Compliance Code: Confined Spaces
• Compliance Code: Workplace Amenities and Work Environment
• Compliance Code: First Aid in the Workplace
• Compliance Code: Removing Asbestos in Workplaces
• Compliance Code: Managing Asbestos in Workplaces
• Compliance Code: Hazardous Manual Handling

Practical guidance documents for specific construction situations:

• Industry Standard — Plumbing
• Industry Standard — Formwork
• Industry Standard — Earthmoving
• Industry Standard — Tunnelling Operations
• Guidance Note — Working at Heights on Roofs
• Guidance Note — Construction Site Security
• Guidance Note — Crystalline Silica
• Guidance Note — Engineered Stone
• Guidance Note — Working Around Mobile Plant
• Guidance — HSR Provisional Improvement Notices (PINs)
• Guidance — Issue Resolution Procedures
• Guidance — Right of Entry under the OHS Act

NSW-specific guidance for construction:

• Construction Hazards Guide
• Working at Heights Code of Practice (NSW)
• Excavation Work Code of Practice (NSW)
• Demolition Work Code of Practice (NSW)
• Construction Induction Training (White Card)
• Crystalline Silica Substances Guide
• Asbestos Management Plan Guide
• SWMS Information Sheet
• HSR Information Pack
• Notifiable Incidents Fact Sheet

Queensland construction-specific guidance:

• Construction Work Code of Practice (QLD)
• Industrial Manslaughter Guide
• Managing Risks of Plant in the Workplace COP (QLD)
• Managing the Work Environment and Facilities COP
• Crystalline Silica Substances Guidance
• Heavy Vehicle Access on Construction Sites
• Mobile Crane Code of Practice (QLD)
• Tower Crane Code of Practice (QLD)
• Concrete Pumping COP (QLD)
• Tilt-up and Pre-cast Concrete Construction COP (QLD)
• Formwork Code of Practice (QLD)

SA-specific guidance:

• Construction Industry Information Sheets
• Falls from Heights Guidance
• Excavation Safety Guidance
• Demolition Work Guidance
• Asbestos Information for Construction
• Crystalline Silica Guidance
• Safe Work Method Statements Guide
• HSR and Health and Safety Committee Guide
• Industrial Manslaughter Guidance (SA)

WA-specific construction guidance:

• Construction Work Code of Practice (WA)
• Prevention of Falls at Workplaces COP (WA)
• Excavation Work COP (WA)
• Demolition Work COP (WA)
• Managing Risks of Plant COP (WA)
• Crystalline Silica Substance Guidance
• Industrial Manslaughter Guidance (WA)
• Working in Heat Guidance
• Construction Induction (White Card) Guidance

Each smaller jurisdiction publishes guidance largely aligned with Safe Work Australia material, with some local adaptations:

• WorkSafe Tasmania — Construction industry guidance, falls prevention, asbestos handling
• WorkSafe ACT — Construction work COP, industrial manslaughter guidance, HSR information
• NT WorkSafe — Construction safety guidance, remote work considerations, industrial manslaughter guidance

Following the 2024 ban on engineered stone, all jurisdictions have updated guidance on managing silica risk. Key documents include:

• Safe Work Australia — Working with silica and silica-containing products
• Engineered stone ban — transitional arrangements (jurisdiction-specific)
• Air monitoring requirements for silica-generating tasks
• Health monitoring requirements for silica workers
• Respiratory protection selection for silica work

This is a high-enforcement area currently. Construction sites cutting concrete, brick, tile, or stone need current guidance and proper controls.

Comprehensive asbestos guidance applicable across construction:

• Safe Work Australia — How to Manage and Control Asbestos COP
• Safe Work Australia — How to Safely Remove Asbestos COP
• State-specific asbestos removal licensing requirements
• Asbestos register and management plan templates
• Naturally occurring asbestos guidance (relevant in some areas)
• Air monitoring requirements during removal

Recent regulatory focus on psychosocial hazards in construction:

• Safe Work Australia — Managing Psychosocial Hazards at Work COP (where adopted)
• State-specific psychosocial hazard regulations (recent additions)
• MATES in Construction resources
• Suicide prevention guidance for the construction industry
• Bullying, harassment and sexual harassment prevention guidance

Construction has one of the highest suicide rates of any industry — this is now a regulatory priority.

Each jurisdiction with industrial manslaughter offences has published specific guidance:

• What conduct can constitute industrial manslaughter
• Officer due diligence requirements
• Investigation processes
• Penalties and convictions to date
• Defences available under the legislation

Critical reading for any officer of a construction PCBU.

Specific to preparing compliant SWMS:

• Safe Work Australia — Guide to Safe Work Method Statements
• WorkSafe Victoria — SWMS Information for Construction
• SafeWork NSW — SWMS Information Sheet
• Worksafe QLD — SWMS Guide
• Common reasons SWMS fail review by inspectors
• How to ensure SWMS are reviewed and used on site, not just filed

Items of plant requiring registration under WHS regulations include cranes, hoists, pressure vessels, lifts, escalators, certain boilers. Guidance covers:

• Plant design registration requirements
• Item registration requirements
• High-risk work licences (operator competency)
• Plant inspection and maintenance records
• Major inspection schedules for cranes
• Plant logbook requirements

Bookmark these official sources for current guidance:

• Safe Work Australia — safeworkaustralia.gov.au
• WorkSafe Victoria — worksafe.vic.gov.au
• SafeWork NSW — safework.nsw.gov.au
• Workplace Health and Safety Queensland — worksafe.qld.gov.au
• SafeWork SA — safework.sa.gov.au
• WorkSafe WA / DMIRS — worksafe.wa.gov.au
• WorkSafe Tasmania — worksafe.tas.gov.au
• WorkSafe ACT — worksafe.act.gov.au
• NT WorkSafe — worksafe.nt.gov.au

Tip for HSRs and HSOs: Subscribe to your relevant state regulator's email alerts. New guidance and updates will arrive automatically rather than requiring you to check periodically.

Workers in a designated work group can elect an HSR:

• Workers determine the work group through negotiation with the PCBU
• Workers nominate and elect HSRs from amongst themselves
• Term of office — typically 3 years
• HSRs may also have deputies elected
• Multiple HSRs can be elected for a single work group depending on size

HSRs have legally recognised powers to:

• Inspect any part of the workplace at any reasonable time
• Investigate complaints from work group members
• Inquire into anything appearing to be a risk to health or safety
• Be present at WHS-related interviews of work group members (with consent)
• Receive information about WHS in the work group
• Represent work group members in consultations with the PCBU
• Monitor compliance by the PCBU with WHS duties
• Request the establishment of a Health and Safety Committee
• Choose to receive WHS training (paid leave)
• Issue Provisional Improvement Notices (PINs) — after training
• Direct workers to cease unsafe work in certain circumstances
• Accompany WHS inspectors during workplace visits

An HSR can direct workers in their work group to cease work if they have a reasonable concern that to carry out the work would expose them to a serious risk emanating from an immediate or imminent exposure to a hazard.

Conditions:

• HSR must have completed approved training
• HSR must consult with the PCBU first if reasonably practicable
• Reason for direction must be reasonable
• Work group must be informed of the direction
• PCBU must be advised as soon as practicable

A trained HSR can issue a PIN if they reasonably believe a person:

• Is contravening a provision of the Act or Regulations, or
• Has contravened a provision in circumstances making it likely the contravention will continue or be repeated

Process:

• Must be issued in writing using prescribed form
• Must specify the alleged contravention and required action
• Must specify a compliance date (minimum 8 days)
• Person served can ask the regulator to review
• Failure to comply can result in regulator action

HSRs are entitled to:

• Initial training — 5-day approved course on HSR rights and functions
• Annual refresher — 1-day course each year
• Paid time off to attend training
• Reasonable travel and accommodation costs covered by PCBU
• Choice of approved training course (HSR's choice, not PCBU's)

It is unlawful to discriminate against, victimise, or threaten a worker because they:

• Are an HSR or member of a Health and Safety Committee
• Have raised WHS concerns or complaints
• Have taken action to comply with WHS duties
• Have refused to work in unsafe conditions
• Have assisted in WHS investigations

Penalties for breach can be significant. HSRs experiencing victimisation should document incidents and seek advice immediately.

Where a WHS issue arises that cannot be resolved at workplace level:

• Step 1 — HSR raises issue with the PCBU's representative
• Step 2 — Issue escalated to senior management if unresolved
• Step 3 — If unresolved, party can request inspector attendance
• Step 4 — Inspector may issue notices or directions
• Workers cannot be required to work in conditions involving immediate or imminent serious risk

The PCBU must ensure, so far as reasonably practicable, the health and safety of:

• Workers engaged or caused to be engaged by the person
• Workers whose activities are influenced or directed by the person
• Other persons (e.g., visitors, members of the public)

Specific duties include:

• Provide safe work environment, plant, and structures
• Provide safe systems of work
• Ensure safe use of plant, structures, and substances
• Provide adequate facilities for welfare
• Provide information, training, instruction, and supervision
• Monitor health of workers and conditions at workplace

Officers (directors, senior executives) must exercise due diligence to ensure the PCBU complies with WHS duties. Due diligence requires officers to:

• Acquire and keep up-to-date knowledge of WHS matters
• Understand the nature of operations and associated hazards
• Ensure the PCBU has appropriate resources and processes
• Ensure the PCBU has appropriate processes for receiving and considering information
• Ensure the PCBU implements processes for complying with duties
• Verify the provision and use of the above resources and processes

Personal liability: Officers can be personally prosecuted under WHS legislation regardless of corporate prosecution.

Employers must consult with workers (and their HSRs) on WHS matters. Required consultation includes:

• Identifying hazards and assessing risks
• Making decisions about ways to eliminate or minimise risks
• Making decisions about adequacy of facilities for welfare
• Proposing changes that may affect workers' health or safety
• Making decisions about procedures for consultation, resolving issues, monitoring health, monitoring workplace conditions, and providing information and training

Penalty: Failure to consult can result in significant fines.

Employers must notify the regulator IMMEDIATELY of:

• Death of a person at the workplace
• Serious injury or illness requiring immediate hospital treatment
• Dangerous incidents (uncontrolled escapes, electric shocks, structural collapses, etc.)

Requirements:

• Notify by phone immediately
• Provide written notice within 48 hours if requested
• Preserve the incident site until inspector attends or releases the site
• Maintain records for at least 5 years

For construction projects above the prescribed threshold (typically $250,000), a principal contractor must be appointed and must:

• Prepare a written WHS Management Plan before work commences
• Ensure all workers receive site-specific induction
• Maintain training records for all workers on site
• Display general WHS information visibly
• Manage signage and entry to the site
• Coordinate WHS between contractors
• Ensure SWMS are prepared for HRCW
• Review and update WHS Management Plan as needed
• Ensure compliance with Construction Code of Practice

Category 1 — Reckless conduct exposing person to risk of death/serious injury:

• Individual: Up to $600,000 and/or 5 years imprisonment
• Officer: Up to $600,000 and/or 5 years imprisonment
• Body corporate: Up to $3,000,000

Category 2 — Failure to comply with duty exposing person to risk:

• Individual: Up to $300,000
• Officer: Up to $300,000
• Body corporate: Up to $1,500,000

Category 3 — Failure to comply with health and safety duty:

• Individual: Up to $100,000
• Officer: Up to $100,000
• Body corporate: Up to $500,000

Note: Penalties are updated periodically and vary by jurisdiction. Industrial manslaughter offences carry significantly higher penalties in jurisdictions where introduced.

Multiple Australian jurisdictions have introduced industrial manslaughter offences:

• Queensland — Industrial manslaughter offence since 2017
• Victoria — Workplace manslaughter offence since 2020 (up to 25 years imprisonment for individuals, up to $19m for body corporates)
• ACT — Industrial manslaughter offence
• Northern Territory — Industrial manslaughter offence
• Western Australia — Industrial manslaughter offence
• South Australia — Industrial manslaughter offence (effective 2024)
• Commonwealth — Industrial manslaughter provisions
• NSW & TAS — Existing manslaughter laws apply

These offences typically apply where a PCBU or officer engages in conduct causing death of a worker, with negligence or recklessness.