Senate debates

Tuesday, 29 November 2022

Matters of Public Importance

Workplace Relations

4:37 pm

Photo of Paul ScarrPaul Scarr (Queensland, Liberal Party) Share this | Hansard source

I've got no issue with unions. My father was a proud member of a union. My mother was, and sister is. I've got no issue with unions whatsoever, but this country has a problem with the construction division of the CFMMEU. There's been a lot of talk about judges et cetera. I want the people listening to this debate to listen to what our highest court said. Our highest court in the land is the High Court of Australia and has our seven most pre-eminent judges. This is what they said about the construction division of the CFMMEU. These aren't the words of a politician, from either government or opposition. This is our highest court in the land about the construction division of the CFMMEU, and it tells you everything you need to know about why we need the Australian Building and Construction Commission as the cop on the beat in terms of construction sites in this country. This is what the High Court said in paragraph 43 of their judgement in the Pattinson case:

The CFMMEU's continuing defiance of s 349(1) indicates that it regards the penalties previously imposed as an 'acceptable cost of doing business'.

Those aren't my words. They aren't the words of a member of the government benches in the Senate. They're the words of our highest court in the land, and, in those circumstances, why would you possibly think it's a good idea to abolish the Australian Building and Construction Commission?

There was talk about the success rate of the Australian Building and Construction Commission. Everyone listening to this debate can look up their latest annual report. It provides all the details you need to see. In terms of the court proceedings they initiated during the 12 months ending 30 June 2022, they had a 100 per cent success rate. They won every single case. In every single case where they brought proceedings, the independent court found that the CFMMEU construction division had broken the law. In those circumstances, why would you possibly think it would be a good idea to abolish the Australian Building and Construction Commission?

I will tell you why: because if you go to page 44 of the annual report of the Australian Building and Construction Commission, you will see a reference to a Mr Michael Ravbar. He was a senior official of the CFMMEU construction division. He sat—I'm not sure if he still does—on the national executive of the Australian Labor Party. Mr Michael Ravbar was sitting on their national executive. Let's read about him. I'll go to the footnote. Senators in this place know I like to go to the footnotes. It says:

In September 2021, Mr Ravbar abandoned his application with the Fair Work Commission to renew his federal right of entry permit—

which gives him the right to go onto construction sites—

and is no longer authorised to exercise entry rights in accordance with the Fair Work Act 2009. The Australian Building and Construction Commissioner intervened in the proceeding, arguing Mr Ravbar was not a fit and proper person to hold a permit.

He was not a fit and proper person to hold a right of entry permit to go onto construction sites. Why? Because, and again I quote:

In opposing the application for the permit, the Commissioner submitted that under Mr Ravbar's watch—

this is a senior official of the CFMMEU and also a previous or current member of the ALP national executive—

the QLD Division and its officials had contravened industrial law on 175 occasions …

This fellow was sitting on the national executive of the Australian Labor Party. It's outrageous. It's absolutely outrageous.

The situation in Queensland got so bad that workplace health and safety inspectors—who had the statutory obligation to go onto construction sites and make sure those construction sites were adhering to workplace health and safety laws—went on strike because they were concerned about their own personal safety from the CFMMEU. That's how bad it is. In the face of all that objective evidence, in the face of that judgement from the highest court in the land, the Australian Labor Party wants to abolish the ABCC. It's shameful.

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