Union busting legislation to generate conflict

What price will employers pay for ‘free’ legal aid?

John Sutton speaks to union members in Brisbane about the legislation in October 2003.

National Construction Secretary John Sutton's comments on the Australian Government's Building and Construction Industry Improvement Bill published in the December 2003 issue of Building Australia magazine.

In the May/June edition of Building Australia I argued that the crude politics of the Union-bashing Cole Report posed real dangers for the Australian construction industry.

I said that an industry built on confrontation and litigation would be an industry at war with itself and unlikely to serve the interests of either workers or employers.

Now that Tony Abbott's so-called Building and Construction Improvement Bill has been released, we have a clearer view of the parameters of that conflict.

Construction workers face the destruction of their industrial rights to a level unprecedented in this democracy.

Employers, who may be tempted by the prospect of having the ABCC do all their litigation for them, face considerable curtailments on their agreement-making capacities, as well as the huge bureaucratic burden of notifying the ABCC of every single industrial step they take. The Government thinks hundreds of inspectors and bureaucrats should micro-manage on-site relationships. This is myopic nonsense.

As the Senate References Committee begins detailed consultations in most States, construction employers need to weigh up long and hard the wisdom of the Howard Government running their businesses for them.

Since June this year, the credibility of the Cole Royal Commission has diminished further. The Interim Building Industry Taskforce conceded that it had dropped 32 of the 84 matters referred to it by the Royal Commission and that number has undoubtedly grown since then.

Cole's reported comments in his secret red volume have also heavily qualified the Commission's findings of alleged criminality and wrongdoing.

Cole's words raise serious doubts about the factual basis for Tony Abbott's draft legislation.

In fact, apart from the incessant rhetoric from a minister now moved on to other pastures, there is no real evidence of a construction industry in chaos and anarchy.

There is no real evidence of widespread lawlessness and no real reason for the introduction of one of the most draconian, ideological, discriminatory and undemocratic pieces of industrial law this country has ever seen.

Strong Unions benefit Aussie construction

The CFMEU has proved itself willing to work constructively with governments and employers to improve the industry, while at the same time safeguarding the integrity of the rights and conditions of working men and women within it.

History has shown that a strongly unionized workforce has been good for this industry. Compare, for instance, the Sydney 2000 Olympics with the Athens Olympics program currently being completed.

In Sydney over 10,000 workers delivered world class facilities nine months ahead of schedule and under budget, with just one worker, regrettably, killed on the job.

The Athens facilities are substantially behind schedule, over budget and 10 workers have been killed. 90% of the Athens construction workforce are temporary migrant labourers, with minimal access to rights and entitlements.

There is no doubt that construction activity in Australia currently is strong and set to increase.

The Australian Procurement and Construction Council expects non-residential commercial construction to grow to $15.6 billion in 2003/4 and to $16.6 billion in 2005/6. Company profits are up, with a few notable exceptions, by more than 25%.

The Federal Department of Employment and Workplace Relations June 2003 report on Trends in Enterprise Bargaining records an Annual Average Wage Increase per employee of 4.5% for the construction industry.

Wage growth is a well-accepted indicator of productivity growth. Other indicators such as activity levels and profits point in the same direction.

Rates of unionisation are no higher or lower now that they have ever been in this industry, yet the industry is booming. So there is no truth to the claim -- perpetrated by those who want to gain even greater profit off the back of reduced wages and conditions -- that unionisation is holding back productivity and profitability in the construction industry.

But all this growth is being placed in jeopardy by the conflict-driven and litigious plans for our industry proposed by the Howard Government.

CFMEU will defend its members' interests

The CFMEU believes that by unions, business and government working together - not set apart by draconian legislation - the Australian construction industry can be improved to benefit all the participants.

Tony Abbott's proposed legislation is the antithesis of this.

The CFMEU believes it has a strong case to put that the Building and Construction Improvement Bill should never see the light of day. The Union is taking every opportunity to make this case.

Our campaign to preserve the industrial and democratic rights of building workers is already drawing strong local and international support.

We recognise clearly that this is essentially a political fight, so we are not going to adopt a knee-jerk response and encourage our members to come out on a lengthy strike.

We challenge the Howard Government to address the significant problems of this industry - like tax evasion, phoenix companies, the high rates of deaths and injuries. But we will not allow our Union to be so constrained as to be virtually incapable of taking any action to defend our members' rights.

We will not be legislated out of existence. Our members expect no less of us.

United we bargain - Divided we beg.

Contact the National Office, Construction Division at:
Level 12, 276 Pitt Street, Sydney, NSW 2000
Ph: 02 8524 5800
Fax: 02 8524 5801
Email: queries@fed.cfmeu.asn.au

Postal address: PO Box Q235, Queen Victoria Building Post Office, Sydney NSW 1230.