JUNE 2009

IN THIS ISSUE

Please Select an Article to Read

• Introduction
• The ABCC
• National Code of Practice for the construction industry and implementation guidelines
• The role of the Federal Safety Commissioner under harmonised laws
• Scaffold Safety - “Falling Standards”

 

The ABCC, National Code and current OH & S issues in the construction industry

Introduction

Welcome to HWL Ebsworth Lawyers Construction Industry Workplace Bulletin. The purpose of this is to provide clients with news and views on recent developments in industrial relations and safety in the construction industry.

On Tuesday 17 June 2009, the Federal Government introduced legislation which outlines the abolition and replacement of the ABCC, the Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2009 (the Bill). The Office of the Fair Work Building Industry Inspectorate (the Building Inspectorate) will take over the role of industry watchdog. It will have similar powers as the ABCC currently does, with a control mechanism over the use of coercive powers. Essentially, the Building Inspectorate will need to satisfy a presidential member of the Administrative Appeals Tribunal before exercising powers and there are more legal rights available to those summonsed to an examination, such as choice of legal representative.

A controversial provision creates the office of Independent Assessor, who on application from unions or builders may make a determination that the coercive examination powers will not apply to a particular “peaceful” project. It remains to be seen how this may work in practice given that stakeholders may not agree on the application or exemption.

The Bill also winds back penalties for breaching the industrial legislation to the same levels as which apply to the rest of the workforce.

Given these important changes, this seems a perfect time to review the ABCC’s performance and impact on the industry.

With the announcement this week, media focus is squarely on the activities of the CFMEU and the potential impact of winding back the ABCC and its powers. Many industry players are rightfully questioning what the future will look like for construction industry industrial relations. In conjunction with this, the Government has also announced that it will issue revised Implementation Guidelines for the National Code of Practice for the Construction Industry. The noise being generated by the Union movement certainly indicates that Government is pushing to maintain a “tough cop on the beat”.

We have also included two articles which highlight important OH & S developments for all construction industry participants.