Senate debates

Monday, 5 September 2022

Regulations and Determinations

Code for the Tendering and Performance of Building Work Amendment Instrument 2022; Disallowance

6:53 pm

Photo of Linda ReynoldsLinda Reynolds (WA, Liberal Party) Share this | Hansard source

I too rise to talk about this disallowance motion. Earlier today in this chamber I noted that Labor, like leopards, do not change their spots—and neither does the CFMMEU. In 2016 when I first spoke in this chamber on the Building and Construction Industry (Improving Productivity) Bill, I quoted my old boss in the army, General David Morrison, who said what has now become a very well-known statement: 'The standard you walk past is the standard you accept,' except, in this case, the standard the Labor Party walk past is the CFMMEU. They have their hand out for the 30 pieces of silver every time they walk past every illegal act and every infraction from the CFMMEU.

Unlike what Senator Sheldon just said, this is not about the workers; this is about the criminal actions of those trade union officials. It is about the criminal action of the officials. If only it were just about worker safety—if only they were just focused on that—our country would be a far better place. And the cost of construction would be a hell of a lot less for all Australians if that were actually the case. What we saw in 2016 and what many of us who are now on this side of the chamber talked about is exactly what they are doing today. It is a complete disgrace that Labor, with the support of some crossbenchers who have been talking about nothing but integrity over the course of this campaign, are actually now considering getting rid of one of the most important integrity commissions in this country, or, if not getting rid of it completely, getting rid of it pretty much in name only.

The Gillard government lost the confidence of the entire building and construction sector in 2012 when it caved into union pressure to dismantle the ABCC, and nothing has changed. Again, another Labor Prime Minister is promising to abolish the ABCC or reduce it down to almost nothing. Again, this is further proof that they will always do anything they can to appease their paymasters at the CFMMEU, who they are clearly completely beholden to.

Abolishing the ABCC is absolutely a matter of integrity, because while it's not called an integrity commission it is clearly an integrity body. It is a body to promote the integrity, safety and lawfulness in an industry that has faced long-standing problems with industrial action. It should never ever be a question in this chamber, and yet here we are six years later discussing the same matter again.

The facts about the CFMMEU are shocking. Despite Senator Sheldon just saying in this chamber, 'It is actually all about the workers. Don't look at what the union officials are doing here. Don't look at their corruption. Don't look at their criminal actions for which they have been prosecuted for and found guilty of.'

Let's have a look at some of the actions that those opposite—for their 30 pieces of silver—are trying very hard not to have anybody in this place or in this nation focus on. First of all, unlawful industrial action. More than 1,400 breaches resulting from 20 cases have led to $3.6 million in fines. Coercion breaches—coercion in the workplace in this day and age!. More than 470 breaches resulting from more than 37 cases, leading to nearly $6 million in fines. Right of entry breaches: more than 300 breaches resulting from 40 cases leading to $4.2 million in fines. Freedom of association breaches: more than 120 breaches resulting from 15 cases leading to nearly $1 million in fines. Unlawful picketing breaches: more than 20 breaches resulting from four cases leading to over $1 million in fines. If that's not enough—unlawful industrial action, coercion, right of entry breaches, freedom of association breaches, unlawful picketing breaches—there are also misrepresentation breaches, almost 30 breaches resulting from six cases and nearly $400,000 in fines.

Let's all ask ourselves, in this place and I hope across our nation, why on earth is Labor so desperate to abolish this integrity commission? What crimes and why are they seeking to cover up these crimes? The CEO of Master Builders Australia, Denita Wawn, said that the Labor government's decision to dismantle the ABCC:

…is an abandonment of two decades of bipartisan recognition that the construction sector requires industry-specific regulation and oversight.

I hope nobody on the crossbench will actually support this, but let's have a look at some of the other breaches and what they actually look like. The CFMMEU has been penalised for more breaches of the Fair Work Act than any other union. A CFMMEU office official, jailed for assault, once told a female inspector she was a FS and asked her if she bought her knees pads as, 'You are going to be sucking off these—something—dogs all day'. This is the behaviour. This is the language that still happens today that those opposite are excusing.

The Courier Mail revealed that a CFMMEU official allegedly barked like a dog at a female health and safety consultant on a Gold Coast construction site and said, 'Go on, off you go, you FDC. Go get your police.' He allegedly then called her something I won't even abbreviate here in this chamber. It was disgusting and disgraceful and it has no place in any workplace in this nation today.

Some of the sexist incidents recorded in the files of the union watchdog included a CFMMEU official threatening to gang rape a woman after she had inspected a site. He threatened to gang rape a female inspector on site. How can anybody on that side of the chamber possibly excuse and take money from the officials from this union? You should all be hanging your heads in shame. One of the union officials also spat at a female workplace inspector during one visit. Again I will not say the language that was used. In another visit, the same female inspector was called an effing S and a dog something by union officials while she was in there lawfully doing her job on behalf of Australians.

CFMMEU delegates were accused of harassing the daughter of a builder when they picketed a worksite. The picketers were accused of harassing the daughter of the builder when she entered the site in her car by commenting on her breasts and her bottom and making—again I won't say the sounds that they made, but it was an utter disgrace. They allegedly called her daddy's girl and a blonde bimbo and said: 'Here comes the freeloader living off your dad. That car belongs to us because your daddy has paid for it.' Again that is by the very officials that are supposed to be setting the standard and looking after workers in the workplace.

A CFMMEU official made three phone calls late at night to a female inspector's mobile phone. The last call was logged at 11.23 pm. An anonymous flyer was then circulated, referring to the woman as a dog who wanted to be a pole dancer. The flyer gave the name of the woman's husband, her home address and her phone number. I cannot possibly think of worse intimidation, not just for a female inspector but for anyone—ringing them late at night, threatening and intimidating, letting them know they know where you live, they know who your husband is, they know who your children are. Again that is the behaviour that those opposite are supporting. To that same inspector, a number of threatening calls were made. Again I won't say what was said, but again there was a threat of gang rape: 'Me and my mates are going to come and eff you.'

If that's not enough, there are plenty more examples. CFMMEU officials at a site in Sydney intimidated a female police officer—a police officer, a female officer—in the course of doing her job as a police officer, representing us all and keeping law and order. The policewoman described how the official made sure she was feeling 'intimidated or scared'. The court has also previously ruled that a female operations manager was subjected to intimidation by the picketers' actions, which Justice Rares described as 'calculated to instil fear into persons who are within or wish to enter those premises'.

A former Fair Work Building Commission employee was subject to intimidation by John Setka—hardly a surprise, I think, to anybody in this building. He is someone who is still protected by those opposite. Mr Setka and Mr Reardon made a number of sexually derogatory remarks. The woman found three missed phone calls from Mr Reardon and one missed phone call Mr Setka, who left a highly sexually explicit derogatory message on her telephone. We would not ever accept that, and we've made clear we do not accept that in this place. It is illegal in every other workplace, yet those opposite and some on the crossbench want to still look the other way. As David Morrison said, they're turning their eye and putting their hand out and taking the 30 pieces of silver from the union.

COVID-19 has significantly impacted the construction industry and caused a reduction of over 600,000 jobs. As we recover from the pandemic, the demand for the industry is rapidly growing. Without this integrity commission, output in the industry could fall by at least $35 billion, as higher construction costs make fewer projects possible and capital is relocated to other activities. Any member of this chamber who votes to support the CFMMEU and votes to abolish the ABCC, or to at least get rid of most of its powers, should hang their head in shame. Anyone who does support that, please never ever come into this chamber or out of this chamber and talk about integrity. If you get rid of one of the most important integrity commissions in our nation that has been shown time and time again, including to now, to be so important, if you vote to abolish it or to neuter it, you have lost your right to ever, with any credibility, talk about integrity.

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