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A Message from the Industrial Relations Advisor
A MESSAGE FROM THE INDUSTRIAL RELATIONS ADVISOR, HAMISH HARRINGTON
An Optimistic Forecast for 2018
The industrial landscape of the building and construction industry is forever in a state of flux. However, there is cause for optimism with Stephen McBurney appointed Commissioner of the ABCC.
McBurney brings a wealth of experience to the role. For the last nine years he has worked in the Victorian Government’s Office of the Chief Examiner. The latter part of this was spent as Chief Examiner, a statutory office where he controlled the compulsory examination process involved in tackling organised crime. Given the extensive investigatory and examination powers of the ABCC, it is not hard to see where there may be some crossovers between Mr McBurney’s current and former position. His five-year term will commence on 6 February 2018 when he takes over from Cathy Cato who is currently serving as Acting Commissioner. It has been under Ms Cato’s leadership that the ABCC has released model clauses for use in expressions of interest, tenders and contractual documentation to assist contractors in complying with the 2016 Building Code.
CFMEU-MUA-TCFUA MERGER
The prospect of a super-union took a step closer in November last year when members of the Maritime Union of Australia (MUA) and the Textile Clothing and Footwear Union of Australia (TCFUA) voted to amalgamate with the Construction Forestry Mining and Energy Union. However, in order for a date for the merger to be set, the Fair Work Commission (FWC) must be satisfied that there are no criminal proceedings pending against any of the organisations seeking to amalgamate. Master Builders Australia has made submissions highlighting the existence of dozens of proceedings pending against the CFMEU and the MUA seeking pecuniary penalties against these organisations. Given the CFMEU’s history of non-compliance with industrial laws, it would take some considerable effort to reach the point where no such proceedings were pending.
REFORM IN THE ACT
At the Territory level, MBA ACT is maintaining a watchful eye on legislative reform likely to arise out of the 2017 Inquiry into the Extent, Nature and Consequence of Insecure Work in the ACT as well as the government’s commitment to pursue a secure local jobs package. It is essential that any reforms likely to be proposed, as this year progresses, consider the impact on an industry that is not only a major contributor to the ACT economy but also one of its largest employers.
