Industry bodies call for proper scrutiny of ABCC bill

The Master Builders Association, Australian Chamber of Commerce and Industry (ACCI) and industry association members have called for proper scrutiny of the last-minute ABCC amendments following Wednesday’s Senate vote to not scrutinise last-minute changes to the Bill to replace ABCC.

“The significant nature of the last-minute amendments adopted by the House on 22 February 2012 demands that there be a proper review of the intent and the likely disastrous consequences for the new Building Industry Inspectorate to enforce unlawful actions on commercial building sites,” said Wilhelm Harnisch, CEO, Master Builders Association.

These Australian Greens’ initiated amendments radically re-shape the government’s original bill by preventing the proposed Fair Work Building Inspectorate from instituting proceedings in respect of any matter which has been settled by parties to a dispute, according to ACCI. These amendments are damaging and if they were currently in effect, they would set aside the rights of innocent smaller parties and the public affected by unlawful conduct in the building and construction industry, states the ACCI.

The ACCI says it is essential that any government regulator retain discretion to enforce the law whether it be against an employee, union or employer, without fear or favour. By allowing unlawful conduct to go unpunished because a deal has been reached between the offender and the victim, or two offenders, is unheard of in any other area of regulation. These amendments make the case for the Parliament to reject the government’s legislation and retain the existing framework, even stronger. The irony is that the powers of the proposed Fair Work Building Industry Inspectorate, will be significantly weaker than industrial inspectors under Fair Work laws, according to the ACCI.

The amendments, said Harnisch, mean that if industrial parties to a dispute reach a settlement that ends the dispute then the regulator cannot institute separate legal proceedings, even where conduct clearly breached the law. “In the building and construction industry the everyday reality is that industrial disputes involve parties that have ongoing and damaging consequences beyond the project or the dispute. This is the very reason an independent regulator is needed to ensure compliance with the rule of law,” Harnisch added.