Jane Prentice (Ryan, Liberal Party) Share this | Hansard source

As I was saying, aggressive and militant union behaviour is commonplace. Site shutdowns, strike action and other industrial action occur regularly. Unlawful industrial action over safety issues is increasingly a Trojan Horse for union delegates' other purposes. We heard that it is not unusual for someone wishing to trigger a site shutdown to fabricate a safety incident, even tampering with electrical boards. Coercion and bullying are stock-in-trade for many union officials. Like the Federal Court, we know construction union representatives behave as if they are above the law, routinely ignoring court orders, and, through these improper practices, the CFMEU and other unions leverage even greater power to bring into effect an unlawful no-ticket no-start union recruitment policy and practice for head contractors and, through them, on to subcontractors and across the industry through pattern bargaining.

Some union delegates exercise control over what should otherwise be commercial decisions and even exert control over detailed operational issues, including whether a site operates beyond core hours, and procurement and tendering. There is ample evidence of subcontractors who are not retained by head contractors because they were not on a union-approved list. Indeed, this is what happened to many of my constituents. Some union bosses even extend the 'put it on the credit card' approach to proceeding with industrial action even if they know it is not permitted under the Fair Work Act.

Like all Australians who have watched the Royal Commission into Trade Union Governance and Corruption unfold, we learned that coercion is a common feature of union behaviour in the construction industry. It can involve threats and intimidation, verbal abuse, and distribution of material making derogatory, belittling, untrue or defamatory statements about individuals and companies. We know union intimidation tactics involve threats of physical harm and, on occasion, physical assault.

The CFMEU's treatment of some of my constituents is shamefully common across the building and construction industry in Australia. Non-CFMEU members are bullied and labelled 'scabs'. A retired couple who used their life savings to set up a shop in a local centre in my electorate tried to save money by doing their own fit-out. Their shop was picketed, and they were spat on, called 'scabs' and worse, and prevented from entering their own property.

Those opposite know what has been going on for far too long. The silence and inaction by those who sit opposite also makes them complicit. The CFMEU's actions are often in open defiance of the Fair Work Act and Supreme Court orders, but, with no strong enforcement body, the unions continue to wreak havoc. Indeed, something I hope the new ABCC will look into is how court-ordered fines are paid, because I know of cases where the union had to write a cheque to a successful litigant, but the litigant did not bank it because of the threat of further reprisals if they did. This speaks volumes about the licentious attitude towards the law and absolute contempt for the courts, as well as the lawless culture, in some unions, especially the CFMEU.

The Building and Construction Industry (Improving Productivity) Bill 2013 [No. 2] restores the full power of the Australian Building and Construction Commission and the funding that Labor took away. This bill brings back integrity to this industry. This bill upholds and promotes respect for the rule of law and ensures respect for the rights of all building industry participants. It contains provisions to ensure that unlawful action, including unlawful industrial action and unlawful pickets, are dealt with appropriately. The bill includes the ability for the courts to impose significant penalties for individuals and organisations that participate in unlawful action. Importantly, the bill provides an effective means for investigating and enforcing the law.

The Australian Building and Construction Commissioner will be able to exercise their power to obtain information quickly and effectively without being hindered by unnecessary bureaucratic red-tape around the issue of examination notices. However, to ensure accountability and transparency, the use of these powers will continue to be reviewed and reported on by the Commonwealth Ombudsman.

The operation of the Australian Building and Construction Commission contributed to improved productivity in the construction and building sector. This bill encourages productivity and the pursuit of high levels of employment in the building and construction industry. It will ensure that the government's policy to deliver the infrastructure of the 21st century is delivered on time and on budget. This bill will create jobs and investment by ensuring employers and workers in the industry can get on with the job without fear of intimidation. The Office of the Federal Safety Commissioner and the Building and Construction Work Health and Safety Accreditation Scheme are maintained.

In this bill there are also a number of changes from the original legislation that reflect the changing scope and practice in the building and construction industry. The definition of 'building work' in the bill includes off-site prefabrication of made-to-order components for parts of buildings, structures or works. The definition of 'building work' also includes the transporting or supplying of goods to be used in building work. This is a change from the previous ABCC legislation and is included to ensure that large resource construction projects cannot be indirectly disrupted through coordinated go-slows on the supply of materials to those projects. The bill also extends the geographic limits to the exclusive economic zone, and land above the continental shelf, which will bring the legislation into line with the Fair Work Act.

Australia is poorly served by those who would simply outsource Australia's industrial relations policy and practice to serial offenders who have an attitude of indifference to compliance with the requirements of our laws. Australia cannot afford to have a building and construction industry that is inefficient and unstable. We must protect and maintain the rule of law, and, wherever possible, drive productivity and economic growth. I commend the bill to the House.

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