Master Builders Australia has proposed major law reforms in their submission to the Albanese Government’s review of the Secure Jobs, Better Pay and Closing Loopholes legislations.
The review sought to examine the terms of the Fair Work Amendment (Secure Jobs, Better Pay) Act 2022 and Part 16A of Schedule 1 of the Fair Work Legislation Amendment (Closing Loopholes Act) 2023, particularly to consider whether the operation of the amendments were appropriate and effective; identify any unintended consequences of the amendments; and assess whether further amendments were necessary to improve the operation of the amendments or rectify any unintended consequences.
Observing that the cumulative impact of certain changes were to the detriment of workplaces in the building and construction industry, Master Builders said that the abolition of the Australian Building and Construction Commission (ABCC) and the repeal of the Building and Construction Industry (Improving Productivity) Act have caused significant adverse outcomes for the industry.
The submission also focused on changes to enterprise bargaining and union right of entry provisions.
The first 18 months following these changes have seen a rapid re-emergence of a range of industry-specific practices, unlawful conduct and unproductive workplace restrictions.
The building and construction industry has a long history of being plagued by a range of illegal and unlawful behaviour by certain people and organisations which, as one Royal Commission found, has created a “culture of systematic corruption and unlawful conduct, including corrupt payments, physical and verbal violence, threats and intimidation”.
To address this, Master Builders has produced a document entitled Breaking ‘Building Bad’, which outlines a range of proposals for law reform to achieve positive and lasting cultural change in the industry.
“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,” Master Builders Australia’s CEO Denita Wawn says.
“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. 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.”
According to Wawn, the union right of entry provision was 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.
“This review should give the Government an opportunity to reflect and hit the reset button on legislative overreach with severe unintended consequences,” Wawn says.
Read the full submission.
