Louise Markus (Macquarie, Liberal Party) Share this | Hansard source

The Building and Construction Industry (Improving Productivity) Bill 2013 [No. 2], the associated Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013 [No. 2] and the proposed government amendments in the Senate fulfil a 2013 election commitment to re-establish the Australian Building and Construction Commission. The bills fulfil this government's commitment in re-establishing the Australian Building and Construction Commission and, in doing so, ensure it maintains the rule of law and drives productivity on commercial building sites and construction projects—onshore or offshore. The Labor government procrastinated for five years before the then workplace relations minister, Bill Shorten, gave in to union demands and abolished the Australian Building and Construction Commission in 2012 and replaced it with a regulator with significantly reduced funding and powers. This bill will reverse Labor's changes to the law.

In recent times we have seen much of the bully-boy days return and, in the electorate of Macquarie, I have been personally contacted by several contractors—mum-and-dad business people—who have experienced threatening behaviour, including physical threats and, I am ashamed to say in Australia, death threats. This is not the Australian way. This is not mateship. This is not supporting Australian workers—mum and dads. This is 'cowering down' to bully-boy tactics, and, as a government, we must strive to provide an environment which will enable honest men and women to grow their business without intimidation and threats.

The main object of the bill is to provide an improved workplace relations framework for building and construction work to ensure that it is carried out fairly, efficiently and productively for the benefit of all building industry participants and for the benefit of the Australian economy as a whole. The weaker regulator established by the Labor government saw the removal of specific provisions aimed at addressing specific problems of industrial unlawfulness in the construction industry. With this, the current legislation, the Fair Work Building Industry Act, saw standards in the industry decline. This bill seeks to re-establish the Australian Building and Construction Commission, which will put in place stronger laws of protection. It will introduce a new building code and new higher standards of workplace conduct on building contractors who seek to work on Commonwealth funded construction projects. This will enable equitable workplace practices that Australian workers should expect. Contractors that breach safety laws, underpay workers or breach migration laws will not be allowed to do Commonwealth funded work.

I reiterate that I have been approached in my own electorate of Macquarie about such behaviours, which are not acceptable. It caused the person, their family and those that they employ great stress and undue pressure that were not deserved. Bullying behaviours like this should not be accepted in our nation, nor should they be tolerated. We, as a government, recognise this and we are aiming to address it. Just this month, we saw CFMEU officials threaten to stop work on a Lend Lease project in Adelaide if a union flag was not moved to a more prominent position. This type of behaviour, I have to say, is unbelievable! Honest hardworking people deserve better and should not buckle to this type of culture.

This bill aims to improve the bargaining framework so as to further encourage genuine bargaining at the workplace level. Enterprise bargaining negotiations must be as harmonious as possible. They must be sensible and productive and should be tailored to the particular workplace. It will also uphold and promote respect for the rule of law and ensure respect for the rights of all building industry participants. The bill contains provisions to ensure that unlawful action, including unlawful industrial action and unlawful pickets, is dealt with appropriately. The bill includes the ability for the courts to impose significant penalties for individuals and organisations that participate in unlawful action. The bill will also provide 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 bill will also encourage 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.

The bill will create jobs and investment by ensuring employers and workers in the industry can get on with the job of growing businesses and creating more jobs without fear of intimidation. Led by the commissioner, the Australian Building and Construction Commission, via this bill, will ensure the rule of law is enforced with all sectors of the industry. The commissioner will have the critical task of monitoring, promoting and enforcing appropriate standards of conduct for building industry participants and referring matters to other relevant agencies and bodies as required.

The coalition said in 2013 that we would fix this because Labor did not. With this bill, we are striving to do just that.

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