Senate debates

Monday, 2 March 2015

Bills

Fair Work (Registered Organisations) Amendment Bill 2014; Second Reading

1:17 pm

Photo of Lee RhiannonLee Rhiannon (NSW, Australian Greens) Share this | Hansard source

Thank you for that assistance. This piece of legislation is the latest round in a whole wave of attacks we are seeing mounted on the union movement, from the Australian Building and Construction Commission to the problems with the royal commission. This legislation itself is very damaging.

One of my big concerns is that the attacks are aimed at unions, like the CFMEU, who are out there working with the workers on the job around the very important issue of occupational health and safety. This government so often attempts to limit the ability of unions and the workers on the job to defend adequate safety standards at work. Everybody has a right to expect that when their loved one goes to work that person will come home of an evening.

When the Howard government was in power, there was such a serious attack on unions that the number of deaths occurring on the job increased at that time. This is again a reminder as to why we need to not allow this legislation to pass.

There is the interesting case with regard to Boral. Boral Chief Executive, Mike Kane, has called on other construction companies to join him in attacking the CFMEU, which he asserts is driving down productivity. We all know those arguments; we hear them time and time again.

It is worth noting that Boral, between 1998 and 2008, donated more than $540,000 to the Liberals, the Nationals and the Labor Party; $300,000 of this went to the Liberals and Nationals alone. You see the money going to those political parties and in this place you see the Liberals and Nationals line up to amplify their attacks on the union movement.

While Boral have had an easy run in the media, increasing their accusations of blackmail and boycotts, what should have been hit in the headlines was the many safety breaches that this company has been involved in. Boral Construction Materials was fined $200,000 in 2004 following the death of a roadworker in Goulburn in New South Wales. In South Australia, Boral Masonry has been fined for serious workplace accidents.

This is where we need to be clear. The allegations from Minister Abetz about blackmail and boycotts are because the workers and their unions are calling on employers and the government to put workplace safety first, and because they are working for improved on-the-job conditions. The Greens strongly support workers' rights to take industrial action, and the right to strike is something set out in our policy.

I think what is also relevant in this debate is that the Australian Competition and Consumer Commission has taken out a case against a unionist and the CFMEU. The ACCC Chairman, Rod Sims, has publicly stated that they could face fines of up to $10 million for secondary boycotts taken against Boral, which was supplying concrete to Grocon, the company the CFMEU was in dispute with over major industry breaches—again, relevant detail to this debate. A subsidiary of Grocon was fined $250,000 in November last year for what the court called 'failing to ensure a safe workplace'. Three people died in a workplace accident.

Meanwhile, the CFMEU has been fined millions of dollars for trying to make the workplace safe. This union has already paid $1.25 million over its dispute with Grocon. So there we have it: three people die in workplace accidents and there is a $250,000 fine. The CFMEU was fined $1.25 million for fighting for a safe workplace. The dispute with Grocon and Boral is over the union's demand that union nominated health and safety representatives be employed on all construction sites.

Surely the minister, in his speech in reply, should detail what is wrong with that. Construction workers are facing an increasing risk of injury. We know when there is less regulation more workers die on these jobs. He should be setting out why he wants to limit those rights. To have a safe workplace, to reduce the chances of workers being killed and maimed at work, we do need the regulations, we need the standards and they need to be put in place very quickly.

Who is investigating the intimidation of workers ordered to work under unsafe conditions? That is a question that Senator Abetz needs to set out. Why are these incidents not investigated by his office or by the royal commission? Why do the terms of reference for the royal commission not allow it to investigate the corruption, the intimidation and the failure to ensure a safe workplace by companies?

Our generation cannot allow hard-fought-for workplace rights to be wound back. While the Abbott government prioritises the sectional interests of those whose concerns do not go beyond increasing their profits, the Abetz war will rage. He might win some battles but he is not going to make workplaces safer.

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