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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2023-02-22 Daily Xml
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Construction Industry Commissioner Bill

Second Reading

Adjourned debate on second reading.

(Continued from 8 February 2023.)

The Hon. D.G. PISONI (Unley) (10:58): While I am on a roll and getting the Minister for Transport to agree with me, I am going to have another try in speaking in support of the Construction Industry Commissioner Bill. In doing so, I thank the shadow treasurer for bringing this bill to the parliament.

Since the election of the Malinauskas government, we know that John Setka and the CFMEU have been given the keys to South Australia. We have seen the aggressive marketing campaign, the political advertising on trams about joining the CFMEU and the concerns that John Setka's estranged wife—who was living in Adelaide—raised about being forced to see that wife basher's face on the tram every time she saw it in the streets of Adelaide. Some would argue that it was a very expensive 'up you' to his ex-wife that was funded by the CFMEU. That is the sort of person that John Setka is. This bill is designed to keep people like that at bay and answerable to the law.

The CFMEU, of course, donated $125,000 to the ALP election campaign. We saw the immediate increase in political activity by the CFMEU in the lead-up to the election campaign. It was an election campaign that I heard—I heard it from Labor candidates' mouths, 'I don't support what the CFMEU is doing.' That is what they were telling potential voters at the polling booths. That was, of course, an utter lie because if they did not support that they would have made public comments about it, not just private comments that they hoped were only targeted at the people they were talking to.

At the same time, the Albanese government dismantled the Australian Building Construction Commission established by the former federal Liberal government, and now there is little or no support for employers when dealing with workplace issues, in particular within elements of the union movement such as the CFMEU. We know that because of the investment in infrastructure of the previous Marshall government, there is a lot of government infrastructure because of reforms to land tax that brought down the top marginal rate for land tax from 3.7 per cent to 2.4 per cent. We are seeing institutional investment in South Australia in property and we are seeing more private buildings going up than we had seen in previous years.

This bill provides for the construction industry commissioner, who will promote the rights of building construction industry participants, respect for the rule of law and for work health and safety, which is extremely important. It is extremely important that we have legitimate action on health and safety issues in the workplace. I was in an industry for 22 years that required access to building sites, and I am fully aware of how important health and safety is on those sites. But that was not being delivered by the CFMEU.

What is being delivered by the CFMEU is intimidation: intimidation to join the union, and intimidation to extravagant union demands. Look at the precedent that has been set already in South Australia. CFMEU members are being paid to do what every single person who is in employment everywhere else is expected to do, and they do it because they want to do it, and that is get to work on time. They get a bonus for getting to work on time. That is an extraordinary demand and an extraordinary capitulation, I have to say, by the employer, but we do not know the circumstances as to why that capitulation happened. We do not know what threats were made by the CFMEU and John Setka if that extortion was not paid.

The commissioner will facilitate and encourage the fair treatment of building construction industry participants in their commercial dealings with each other or in relation to any other matters generally relating to workplaces. It will act as a one-stop shop for the building construction industry to register any concerns relating to safety, industrial action, allegations of coercion and threatening behaviour, and on many relevant matters. It is such an important role that the commissioner will have in that area, because it needs to be a safe working environment, and people know they can do business in South Australia without mafia-type tactics. We know about how the mafia operates in some of the American cities, 'Give me the money or we will blow your shop up.' That is exactly the attitude that unions like the CFMEU have when they are negotiating terms and conditions.

The commissioner will:

facilitate the resolution of complaints through measures such as mediation and making representations on behalf of notifiers, and complaints in accordance with relevant legislation, such as the Building and Construction Industry Security of Payment Act 2009, and the Work Health and Safety Act 2012;

monitor and advise the relevant minister about practices that may adversely affect building and construction industry participants;

provide an annual report on or before 30 September every year on its operations, setting out any complaints made by any practices or conditions that have affected builders or contractors within industry;

have the power to compel individuals to provide information that the commissioner requires to undertake functions under the act, with a maximum penalty of failing to comply of $20,000;

have the power to direct matters to state authorities such as SAPOL and the Commissioner for Consumer Affairs following receipt of a complaint or an inquiry from the building construction industry participant if it is the opinion of the commissioner that the matter should be referred; and

have the power to direct matters to the federal authorities, such as the Commonwealth Ombudsman or the office of the Fair Work Ombudsman, following receipt of a complaint or inquiry from a building and construction industry participant if it is the opinion of the commissioner that the matter should be referred.

These are all very important powers and very important points to ensure we have confidence in the building industry here in South Australia. The commissioner will be able to suspend work health and safety entry permits if satisfied that the work health and safety entry permit holder has contravened the Work Health and Safety Act 2012. That would have to be one of the biggest oxymorons in the way that the CFMEU operates.

Before suspending a permit, a commissioner must give notice to the work health and safety entry permit holder of the proposed suspension and will allow the work health and safety entry permit holder a period of 21 days (or such longer period as the commissioner thinks fit) to show cause as to why the permit should not be suspended.

The commissioner must give a work health and safety entry permit holder written notice of the suspension, and the work health and safety entry permit holder who receives a notice of suspension must ensure that the permit is returned to the authorising authority within 14 days after receiving it. There is a maximum penalty of $2,000 for failing to do so.

Individuals who give notification or make a complaint to the commissioner are protected with penalties of $10,000 for individuals or $50,000 for body corporates should threats, coercion or intimidation occur as a result of the individual giving notification or making a complaint to the commissioner. We know that is the track of trade unions like the CFMEU: intimidation, coercion and threats. We know that. We have seen that in numerous convictions in industrial courts around the country. We have seen it with videos of their meetings and their arm-waving in front of their tram advertising campaign on social media.

A maximum penalty of $20,000 applies for a person who divulges or communicates personal information relating to trade secrets or business process, or financial information acquired by reason of being or having been employed or engaged in or in connection with the administration of the commissioner. This is very important of course because we know, or certainly we have been advised, that that sort of information, the trade of that information, can be used by unions like the CFMEU to try to increase the benefits and force employers to capitulate—in other words, blackmail by unions like the CFMEU.

The commissioner will be appointed for a term not exceeding three years and at the end of the appointment will be eligible for reappointment. The opposition has consulted the building and construction industry employers, Master Builders Association of South Australia and the Housing Industry Association in developing this bill, so I support the bill and congratulate the shadow minister.

Mr ODENWALDER (Elizabeth) (11:09): I move:

That the debate be adjourned.

The house divided on the motion:

Ayes 24

Noes 17

Majority 7

AYES

Andrews, S.E. Bettison, Z.L. Bignell, L.W.K.
Brown, M.E. Champion, N.D. Clancy, N.P.
Close, S.E. Cook, N.F. Fulbrook, J.P.
Hildyard, K.A. Hood, L.P. Hughes, E.J.
Hutchesson, C.L. Koutsantonis, A. Michaels, A.
Mullighan, S.C. Odenwalder, L.K. (teller) Pearce, R.K.
Piccolo, A. Savvas, O.M. Stinson, J.M.
Szakacs, J.K. Thompson, E.L. Wortley, D.J.

NOES

Basham, D.K.B. Bell, T.S. Brock, G.G.
Cowdrey, M.J. (teller) Ellis, F.J. Gardner, J.A.W.
Hurn, A.M. McBride, P.N. Patterson, S.J.R.
Pederick, A.S. Pisoni, D.G. Pratt, P.K.
Speirs, D.J. Tarzia, V.A. Teague, J.B.
Telfer, S.J. Whetstone, T.J.

PAIRS

Malinauskas, P.B. Batty, J.A. Boyer, B.I.
Marshall, S.S.

Motion thus carried; debate adjourned.

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