Sarah Henderson (Corangamite, Liberal Party) Share this | Hansard source

Yes, I am sorry—the member for Gorton. The member for Gorton has not done his homework because enterprise agreements in the building and construction industry have included a broad range of restrictive work practices, discriminatory provisions and provisions which hurt building companies and which hurt workers. Some examples are enterprise agreements which have required contractors to employ a nonworking shop steward or job delegate. There have been clauses where there is a one-in all-in clause, where if one person is offered overtime, all other workers must be offered overtime whether or not there is enough work. So let's just pay workers for work that they do not do! That was a requirement in some enterprise agreements.

Some enterprise agreements include jump-up provisions, which prevent engaging subcontractors unless they provide certain union dictated terms and conditions to workers, despite their existing lawful industrial arrangements. In other words, some enterprise agreements make it impossible for building companies to lawfully engage subcontractors because they are so restrictive.

There are also provisions which require contractors to obtain the approval of the union over the number and types of employees that a contractor may engage on a project. In Queensland, there is one enterprise agreement which allows the union to call a two-hour stop-work meeting every single day. Members opposite say: 'What's wrong with that? What's the problem? How is that hurting productivity?' That is unacceptable and we, as a government, are proud to have a code which says: 'We do expect some minimum standards. We do expect workers when they go to work to actually work through the day.' Frankly, most people who go to work want that too.

This has been driven by the uncomfortable and cosy relationship between members opposite and the likes of the CFMEU, and that is exactly why the ABCC has been introduced. Regrettably, corruption, lawlessness, standover tactics, bullying and intimidation have been commonplace in the Australian construction industry. Boy oh boy, did we see that in play in Geelong in December on the very first day that the commission came into effect. While Kane had a proper exemption in place for the Simonds Stadium redevelopment, and there were proper provisions under the Fair Work agreement where they could go out on strike lawfully, that did not cover subcontractors. Union bosses with the CFMEU stood at the gate on one day in December of last year and said to subcontractors who were not covered by the lawful provisions with the Fair Work Commission that they were not to work that day. That is unlawful conduct. The CFMEU had no right to ask subcontractors not to attend work to work on the stadium. That is a $74 million development for our city. It is incredibly important for jobs. It is incredibly important for our own region's prosperity. It is an example of how the CFMEU operate.

That particular action was not protected action; it was unprotected. A few weeks before Christmas, 135 workers missed out on a day's pay because they were told by the CFMEU bosses, and they were supported by a number of other unions, not to attend work. I say to members opposite: we seek your support for this amendment. We seek your support for a level playing field so that when there is a building company tendering for Commonwealth work that everyone operates on the same playing field. That is only fair. We cannot give some companies an advantage and not others.

We have seen a terrible history, frankly, in the lead-up to the introduction of the commission where the likes of the CFMEU have run devastating campaigns against Grocon and against Boral, which have really brought some companies to their knees. We must have lawful conduct on Australian building and construction sites, and that is absolutely fundamental. I do want to reflect on the evidence before the royal commission of the Boral CEO, Mike Kane, who made it very clear that the CFMEU were engaging in cartel tactics, blackmail and intimidation because of Boral's work on the Regional Rail Link—again, a very important project for our region which was brought to a standstill. Members opposite said nothing about that. Mr Kane actually said in evidence before the royal commission that Boral had lost $8 million in the past 19 months because of the conduct of the CFMEU.

We need to make sure that everyone working on Australian building and construction sites is working legally, is playing fair and is not engaging in the sorts of tactics that we have seen. It is incredibly regrettable, when you look at the scope and the seriousness of the conduct, Mr Deputy Speaker, that it has taken this amount of effort to reintroduce the Australian Building and Construction Commission. I reflect back on the conduct that occurred at Simonds Stadium on the very first day that the commission came into effect. I do know that members of the ABCC attended the construction site and that they are investigating the conduct of certain union members. I am very pleased to know that that is proceeding.

Thank you very much. I commend this bill to the House.

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