Page 57 - Week 01 - Tuesday, 12 February 2019
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of the code and will undertake a review within the first two years of the legislation’s operation.
MR PETTERSSON: Minister, are you aware of any federal advice on the interaction between the secure local jobs code and federal law?
MS STEPHEN-SMITH: I thank Mr Pettersson for his supplementary question. Madam Speaker, as you might recall, much of the concern in relation to the secure local jobs package was in respect of two issues, firstly, that businesses may not have been able to get certified by 15 January; the numbers I have updated the Assembly with in respect of these certifications may allay that concern.
Secondly, some people expressed concern that there would be a conflict between the secure local jobs code and federal law. The government worked diligently to ensure that there were no conflicts between the code and federal law and also included provision of an exemption clause within the legislation to ensure that emergency works or any conflict now or in the future could be managed. The federal laws that were referred to were primarily the Fair Work Act 2009 and the Code for the Tendering and Performance of Building Work 2016, also known as the building code.
Madam Speaker, it is no secret that my colleagues and I do not support the draconian building code or the Australian Building and Construction Commission. However, I do appreciate the certainty provided by the ABCC during a workshop presentation late last year where they advised local construction industry members that it was indeed possible to comply with both the secure local jobs code and the federal building code.
Of course, the ABCC advice simply reinforces what the ACT government has been saying from the beginning of the development of this package, that we did not intend to create two pools of work. And, of course, it completely contradicts the Canberra Liberals’ baseless scare campaign, as so much of our work tends to do when push comes to shove. I can also advise the Assembly that there have been 15 applications for exemptions under the code but none of these has been granted, in line with the advice of the ABCC.
MS CHEYNE: Minister, what are the next steps for the secure local jobs package?
MS STEPHEN-SMITH: I thank Ms Cheyne for her supplementary question. As with any new scheme, there are a few provisions in the code that have not yet been utilised or tested. There may be a time when we need to grant an exemption to the requirements of the secure local jobs code, particularly for emergency works or when critical services have been disrupted or to prevent an imminent danger to health and safety where there are no secure local job certified businesses to undertake the work at short notice.
There will no doubt be complaints, and there will need to be investigations and compliance audits undertaken, potentially resulting in conditions being imposed on a business’s secure local jobs certificate, or even, potentially, a certificate’s cancellation.
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