Page 5376 - Week 14 - Thursday, 19 November 2009
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On balance, though, we believe it is legislation worthy of support, but the review will be very important to ensure that those concerns that have been expressed do not actually eventuate once the bill is put in place. Otherwise, I commend the bill to the Assembly.
MS BRESNAN (Brindabella) (5.49): The Greens will be supporting this bill today, which protects jobs, protects small business and protects clients against the problems which occur when a single player in the building and construction industry fails to pay. The building and construction industry today is characterised by a complex interrelationship of contractors. Power imbalances are widespread and large players can get away with ignoring basic business requirements like timely payments. The late payments are a problem for everyone, be it the principal who wants the building built, the third party contractors not related to the dispute, or the workers on site.
The Greens welcome this move by the government to introduce a rapid adjudication process that helps restore balance to bargaining power in the industry. The jobs of Canberrans working on site are reliant on the smooth flow of funds down the contract hierarchy, and any move to ensure that payment obligations are fulfilled properly improves job security. The Greens believe that the bill before us strikes the right balance between the rapid resolution of payment disputes and maintaining parties’ rights in the judicial system.
I note that the bill originates from a recommendation by the Cole Royal Commission into the Building and Construction Industry. Whilst today’s bill makes it permissible for contractors to withdraw their supply to push for timely payment, action by workers to defend fair and timely payment and health and safety on site is unfairly regulated by the discriminatory regime known as the Australian Building and Construction Commission, also established as a result of the Cole commission.
It is commendable that the ACT government wishes to prevent the loss of jobs and the resultant hardship that hits families and communities. Preventing companies from going under due to business partners failing to pay on time is a goal that should be pursued by responsible governments to protect jobs and the rights of workers. However, we would contrast the experience of companies and company directors who have failed to pay and thereby caused the loss of jobs in the construction industry with the experience of building and construction workers who have been subject to orders imposed on them by the Australian Building and Construction Commission.
Workers interrogated by the commission have been denied access to the legal representation of their choice, been subject to gag orders and have had their integrity attacked over and over again. The Greens oppose discrimination on any basis, including employment. Whilst there may be some difficulties with unlawful activity on site, this should not entitle federal governments to apply unjust laws that undermine basic principles of jurisprudence to construction workers who simply want fair pay and to come home from work safely.
Whilst we do not support unlawful industrial activity, intimidation or coercion, we also do not support the creation of an extrajudicial body like the ABCC, which has stripped the rights of thousands of workers just so that a minority could be punished.
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