Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

My question is to the Minister for Employment, Senator Cash. Will the minister inform the Senate why the reintroduction of the Australian Building and Construction Commission is so essential?

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

I thank Senator Back for his question. Yes, I can. Quite simply, industrial unlawfulness and wilful failure to comply with workplace laws within the building and construction industry in Australia is now at an all-time high. When repeat offending by a major player in the construction industry gets so bad that the Federal Court of Australia has to ask whether there has 'been a worse recidivist in the history of the common law', there is clearly a problem, and it is incumbent upon those of us in this place to ensure that that problem gets attention.

We all know that when the Labor Party in a sweetheart deal with the CFMEU in 2012 abolished the ABCC, we saw, quite literally within weeks, the streets of Melbourne being blockaded. Quite literally, major projects were shut down. We saw bullying, vitriolic behaviour et cetera. The list of examples coming out of the Federal Court goes on and on. The ABCC is quite simply necessary to ensure that both employers and unions in the construction industry comply with the laws that apply to them. Each one of us in this place and all Australians need to comply with the laws that apply to our workplace. Why is it that the building and construction industry does not have to comply with the laws that are set out to regulate its workplace?

Even those on the other side know that when Julia Gillard, the former Prime Minister, commissioned a review of the former ABCC by Justice Wilcox he found the need for a regulator within the building and construction industry, because of the unique nature of unlawfulness in this particular industry. (Time expired)

Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

I thank the minister for her answer. Mr President, I ask a supplementary question. Is the minister aware of further commentary on the need for a separate industrial regulator for the building and construction industry?

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

Yes, I am. As I was saying, even the Labor Party's review of the building and construction sector was marked by the reality that this particular sector required its own regulator. We saw former Commissioner Cole come out today supporting again the reintroduction of the ABCC, stating:

… consequential benefits to the economy due to the effectiveness of the ABCC diminishing unlawful and inappropriate conduct were very great indeed.

Ultimately, this is all about productivity. It is all about jobs. When you have an industry that is in a state of complete unlawfulness, with a willing failure to comply with the law, it impacts on productivity and jobs for young Australians. We are not going to stand by and let that happen. We do need a strong regulator and we will ensure that happens.

Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Will the minister explain the benefits to Australia of an effective building code and what behaviour such a code would target?

Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Link to this | Hansard source

Many do not seem to know that a key aspect of the ABCC legislation is the establishment of an effective building code. What is that building code going to do? It is going to require a very high standard of lawful conduct with efficient practices within the industry by those who are doing taxpayer funded work. Large employers themselves have a responsibility to step up and ensure that the workplaces they control are fair and safe workplaces and that those on them do not indulge in unlawful practices. The new building code, attached to the passage of the ABCC legislation, will ensure that work that is done for the taxpayer is done efficiently. This means that if an employer breaches any of the workplace laws, they will have strong penalties meted out against them. Basically, under this government, that employer will not be able to undertake Commonwealth work. (Time expired)