Greens supported on repeal of Building and Construction Industry Improvement Act 2005 and Liquidation of Australian Building Construction Commission
December 11th, 2008One of the most controversial pieces of Industrial Relations legislation that was enacted by the former Howard Government, The Building and Construction Industry Improvement Act 2005 (“The Act”), should be repealed immediately. Most City councillors agree.
I asked City of Sydney councillors to endorse the Greens call to repeal these laws and nine out of the ten councillors agreed. Only the Liberal Councillor disagreed, instead clinging to an ideology that was rejected by a majority of voters who wanted to see a more just approach to the treatment of wage earners.
This Dickensian and ideologically driven legislation was bad law when it was passed and remains so today. The City Council has urged the Rudd government to bring forward its consideration of this law and repeal it now.
This is a law that unfairly targets Construction Unions and individual workers and unconscionably aligns the huge resources of the Federal Government with employers to minimise the ability of Unions to fight for wages and conditions for their members.
One particularly nasty side effect of this legislation is that it hinders access by union representatives to sites so that safety standards can be evaluated and maintained.
Construction is tough and dirty work and thousands of workers risk injury on a daily basis. Every year building workers die on the job and so the maintenance of first class safety standards is a priority of building unions and should be a priority of employers.
The Act sought control in a heavy handed way, granting extraordinary powers to the Australian Building Construction Commission (“ABCC”) that was able to target individuals by compelling them to attend interviews, divulge information and maintain silence in a manner that breached widely accepted common law rights.
The Greens will continue to pressure the Rudd government to repeal these flawed laws and disband the ABCC.
City of Sydney Motion as passed Monday 24th November 2008
PUBLIC SAFETY AND SAFE WORK PLACES (S063668)
2. Moved by Councillor Harris, seconded by Councillor Hoff
The City of Sydney notes that:
(A) successive City of Sydney Councils have been committed to ensuring public safety and safe work places;
(B) on a number of occasions the safety of the public and workers in the City has been put at risk due to unsafe construction practices on major Sydney building sites;
(C) federal laws that limit the promotion of safety on construction sites must be
repealed;
(D) the International Labour Organisation’s Committee of Experts and Committee on
Freedom of Association has noted that the Building and Construction Industry
Improvement Act 2005 is inconsistent with International Conventions signed by
Australia.
The City of Sydney Council calls on the Federal Labor Government to immediately
repeal the Building and Construction Industry Improvement Act 2005 and to disband the Australian Building Construction Commission.
The motion was carried on the following show of hands –
Ayes (9) The Lord Mayor, Councillors Black, Burgmann, Doutney, Harris, Hoff, Kok,
McInerney and Tornai.
Noes (1) Councillor Mallard.
Motion carried.
Extension of Time
During discussion on this matter, pursuant to the provisions of Clause 250(3) of the Local Government (General) Regulation 2005, it was –
Moved by Councillor Hoff, seconded by Councillor Burgmann –
That Councillor Harris be granted an extension of time to speak on this matter.
Carried.


