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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-10-28 Daily Xml
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AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION

The Hon. M. PARNELL (17:45): I move:

That this council—

1. Notes with concern the continued operation of the Australian Building and Construction Commission (ABCC);

2. Notes that the ABCC has far-reaching and draconian powers that infringe on the rights of workers to collectively organise as well as coercive powers that abolish the right to silence in the investigation of alleged breaches of industrial law; and

3. Calls on the federal government to abolish the ABCC as a matter of urgency.

On Friday at midday outside the Adelaide Magistrates Court there will be a rally of workers and unions in support of Mr Ark Tribe who will be appearing before that court in relation to charges arising from his refusal to appear before the Australian Building and Construction Commission. Along with the rally in Adelaide, there will be rallies in other major cities around Australia in support of Mr Tribe and against the draconian regime established by the ABCC.

According to the website that has been created to support Ark Tribe's case and to support the abolition of the ABCC, the situation faced by Mr Tribe arises from the problems at a building site at Flinders University where, according to the workers on that site, the conditions were so bad that they needed to draw up a petition calling for safety improvements. I understand they drew up their petition on a hand towel. Eventually, following intervention by the union and by state government safety regulators, many improvements were made, most of the problems were fixed and, after a few days, work on the site went back to normal.

However, following that series of incidents the workers were, one by one, called before the ABCC. In case members do not know, the penalties for those who do not cooperate with the ABCC investigators are really quite frightening. First of all, there are fines of up to $22,000 for things like stopping work, even if the reason is to make sure that workers are safe but, also, there is gaol for up to six months if a worker will not answer the questions posed by investigators from the ABCC.

The Greens have supported the union fight to have the Australian Building and Construction Commission abolished ever since it was established by the Howard government. In our view, there is no justification for discrimination against workers by denying them their democratic rights, including the right to silence and the right to collectively organise. The ABCC has powers that few organisations in Australia have ever had. The experience of this organisation is that it is bullying and harassing ordinary workers and their families.

The Greens bill in the Senate to abolish the ABCC was sent to a Senate committee. The minority report from the Greens senators makes very worthwhile reading for anyone who is interested in workplace rights. One of the most impressive submissions to that Senate inquiry was by Professor George Williams and Ms Nicola McGarrity. Professor Williams, as members might know, is the Anthony Mason Professor of Law at the University of New South Wales.

The conclusion that Professor Williams and Ms McGarrity reached in their submission was that the law that was created by the Howard government has provisions that, in their words, would 'elevate the ABCC, and its objective of eliminating of unlawful conduct in the building and construction industry, above even the protection of national security'. There is no genuine justification for a body regulating workplaces to have powers that exceed those of even our national security agencies. The act that allows the ABCC to continue in existence is one that singles people out on the basis of their work and not just on the basis of their action.

Submissions to the senate committee from the Combined Construction Union and the ACTU detail how the federal legislation breaches the International Labour Organisation Convention on Freedom of Association, including the right to organise and collectively bargain. Freedom of association is a fundamental right, and an integral part of that right is the right to take industrial action.

A key means by which the federal legislation (the Building and Construction Industry Improvement Act) prohibits industrial action is the provision for financial penalties of up to $110,000 for unions and $22,000 for individuals who engage in unprotected strike action. So, the Building and Construction Industry Improvement Act all but abolishes the right to take industrial action for workers in the building and construction industry. The rally on the steps of the Adelaide Magistrates Court will be the third time that workers and unions have gathered outside a court to protest the use of these draconian laws. I will conclude my contribution to this motion today by offering again the conclusions that Professor Williams reached in his submission, as follows:

The ABCC's investigatory powers simply have no place in a modern, fair system of industrial relations, let alone one of a nation that prides itself on political and industrial freedoms.

The Greens believe that these laws are an affront to our democracy and that this state parliament, as well as the federal parliament, must ensure that the building industry is regulated just like any other industry, that is, in a fair and just manner that balances the needs of productivity and the economy with the health, safety and democratic rights of workers. I urge all members to support the motion.

Debate adjourned on motion of Hon. B.V. Finnigan.

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