James McGrath (Queensland, Liberal National Party) Share this | Hansard source

And I think Senator Moore, who has this ability to give me the giggles—and I would ask you to stop giggling, Senator Moore, because I would have to look away from you, and we would not want that!

Senator Moore interjecting—

I think it might be something to do with this bench, because I think Senator Smith last night had the giggles also and it might be contagious. It is a very serious piece of legislation that we are looking at here.

What I want to talk about is the government's commitment to re-establishing the ABCC and returning the rule of law to the building and construction industry. The evidence that the construction industry stands apart from the rest of Australian industry is beyond doubt. The rule of law has little if any currency in the construction industry, and that is unacceptable. It is unacceptable to Australians and it is especially unacceptable to those of us on this side of the chamber, who proudly believe in the rule of law as being one of the most important values of a liberal democracy.

The problem is that for far too long there has simply not been an effective deterrent or a consequence in the building industry when people break the law. When the laws are weak and ill-suited to the problem and there is a weak regulator it is hardly surprising that people in the industry would continue to break the law, because they know they will probably get away with it. The this is what the ABCC is designed to deal with.

When it was first established it was starting to be effective in showing industry participants that their unlawful conduct had consequences and that they were more likely to be brought to account for breaking the law. This realisation in the building industry that breaking the law had consequences was starting to make a difference.

Regrettably, at that crucial time the Labor Party gave into union demands and abolished the ABCC and instituted a weakened shell of a regulator. Labor cut the maximum penalty for breaking the law by two-thirds and slashed the replacement agency's budget and ability to enforce the law. Who can then be surprised that almost immediately parts of the Melbourne CBD were shut down in defiance of Supreme Court orders?

There remains a pressing need to fix the current legislation to re-establish the ABCC so as to re-establish meaningful penalties that actually deter people considering compliance with the law as optional and stop them repeatedly from breaking the law as it suits them.