Government must bring hammer down on CFMEU, says Master Builders

In a recent submission to the Albanese government’s review of the Secure Jobs, Better Pay and Closing Loopholes legislation, employer association Master Builders has claimed that despite legislation, damaging behaviour within the construction industry has re-emerged.

In a submission to the Albanese government, Australia’s oldest employer association, Master Builders, has claimed that the scrapping of both the Australian Building and Construction Commission (ABCC) and the repeal of the Building and Construction Industry (Improving Productivity) Act has triggered a re-emergence of some of the more detrimental industry-specific behaviours.

In its press release, Master Builders claimed that along with the scrapping of the ABCC and the Improving Productivity Act, changes to enterprise bargaining and union right-of-entry provisions have been a nightmare.

According to the association, during the 18 months that followed these changes, a rapid re-emergence of industry-specific practices, unlawful conduct and unproductive workplace restrictions have occurred. Some of which have been reflected in the widely reported actions of the Construction, Forestry and Maritime Employees Union (CFMEU).

“You only need to look at the multitude of media reports focusing on the building and construction industry, in particular the CFMEU, to know the Albanese government has made a mistake,” said Master Builders Australia’s chief executive, Denita Wawn.

“We have a housing crisis in Australia, and some of these laws undermine industry efforts to build the homes and supporting infrastructure communities are crying out for.”

“Despite pleas and warnings from the industry, regulatory agencies did not tackle these problems given the limitations in their remit and resources.”

The actions of the CFMEU, in particular, have resulted in scathing omissions from Master Builders towards the Albanese government, claiming it only acted when the media noise got too loud.

“It was only after media broke stories around the CFMEU that the government sought to act, including placing the union into administration, but there’s still a long way to go to have lasting, positive and tangible change,” Wawn said.

“We have seen the union right of entry provision exploited for industry purposes while undermining the importance of safety on worksites.”

“Master Builders remains highly critical of these aspects of the legislation and calls for industry-specific laws, rules and oversight that are fit for purpose and help achieve the desired outcome of more productive and safe workplaces.”

Master Builders has prepared a large document entitled Breaking ‘Building Bad’, which entails detailed recommendations for the Albanese government to consider, including a stauncher approach to its relationship with the CFMEU.

The document argues that a more comprehensive approach to ensure that enterprise agreements to which the CFMEU is a party are, in fact, genuinely agreed. It also argues that there must be an urgent review of any current proceedings involving the CFMEU. It also claimed no right-of-entry permits should be issued involving the CFMEU.

The document also calls for a range of new and clearer offences in workplace laws that eliminate industry-specific practices. Some of which they provided previous examples of the CFMEU committing.

Some of the proposed offences in the Master Builders document are listed below:

• ‘No ticket, no start’.
• Workplace picketing.
• Action, threats or conduct designed to pressure participants to use, or not use, particular subcontractors.
• Threats or taking illegal stoppages.
• Making agreements, understandings or arrangements with unions that circumvent default workplace laws regarding dispute resolution, entry, work stoppages or election of worker representatives.
• Engaging in any behaviour to pressure workplaces into accepting union pattern agreements.
• Engaging in any behaviour, conduct, arrangement or tactic designed to circumvent or override the effect of industry-specific laws preventing the inclusion of certain clauses in building and construction enterprise agreements.

“This review should give the government an opportunity to reflect and hit the reset button on legislative overreach with severe unintended consequences,” Wawn said.