CONSTRUCTION INDUSTRY – AUSTRALIA – REGULATION

ACTU calling for Cash to quit cabinet

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Original article by Ewin Hannan
The Australian – Page: 2 : 15-Sep-17

Employment Minister Michaelia Cash has defended the appointment of Nigel Hadgkiss as the head of the Australian Building & Construction Commission in December 2016. Cash says she became aware of the ACTU’s allegations against Hadgkiss in October, but she argues that he only admitted to breaching the Fair Work Act when he resigned on 13 September 2017. Cash also argues that Hadgkiss automatically became head of the ABCC when it was reinstated, as he held the same role at the Fair Work Building & Construction Inspectorate. However, ACTU president Ged Kearney says Cash’s position is untenable and she should also resign.

CORPORATES
AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, FAIR WORK BUILDING AND CONSTRUCTION, ACTU, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA

Boral’s threat to fire workers over building code unlawful

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 7 : 4-Sep-17

Most of De Martin & Gasparini’s employees in Sydney rejected proposed changes to their enterprise agreement in June, prompting parent company Boral to threaten all DMG employees with dismissal. The Federal Court has ruled that Boral acted unlawfully in threatening to sack DMG staff unless they endorsed changes to make their enterprise agreement compliant with the new building code. DMG subsequently secured a deal with the Construction, Forestry, Mining & Energy Union to make its enterprise agreement compliant with the code.

CORPORATES
BORAL LIMITED – ASX BLD, DE MARTIN AND GASPARINI PTY LTD, FEDERAL COURT OF AUSTRALIA, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA

CFMEU loss as bench rules code-compliant deal OK

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Original article by Ewin Hannan
The Australian – Page: 2 : 16-Aug-17

The Fair Work Commission has ruled that Lendlease Engineering’s enterprise bargaining agreement in New South Wales is valid. The Construction, Forestry, Mining & Energy Union had appealed against the FWC’s June 2017 decision to approve the EBA, which complies with the Federal Government’s building code. Employment Minister Michaelia Cash has urged the CFMEU to negotiate code-compliant EBAs. Cash also wants union mergers to be subject to a public-interest test.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, LEND LEASE GROUP LIMITED – ASX LLC, AUSTRALIA. DEPT OF EMPLOYMENT, MARITIME UNION OF AUSTRALIA, NATIONAL UNION OF WORKERS, UNITED VOICE, AUSTRALIAN WORKERS’ UNION-FEDERATION OF INDUSTRIAL, MANUFACTURING AND ENGINEERING EMPLOYEES, AUSTRALIAN LABOR PARTY, NICK XENOPHON TEAM, ONE NATION PARTY

Unlawful strikes cost ‘woeful’ CFMEU $300,000

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Original article by Ewin Hannan
The Australian – Page: 7 : 4-Aug-17

The Construction, Forestry, Mining & Energy Union has been ordered to pay $A300,000 in fines arising from unprotected strike action at three Queensland building sites in May 2011. The Federal Court described the CFMEU as a "recidivist" with a long history of failing to comply with workplace laws. The Communications, Electrical & Plumbing Union has been fined $A130,000 for participating in the unlawful strike action, and the court noted that it has a better record of complying with workplace laws than the CFMEU.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY

Union bid to penalise builders for IR deals

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Original article by Ewin Hannan
The Australian – Page: 1 & 2 : 19-Jul-17

The Electrical Trades Union is seeking a trade-off with employers to ensure that their enterprise bargaining agreements comply with the Australian Government’s building code. Amongst other things, the ETU wants workers to receive double-time pay rates for working on a scheduled rostered day off and to receive a day in lieu. Existing EBAs provide for a day in lieu and standard pay rates for working on RDOs. EBAs will have to comply with the building code from September for companies to be eligible for federally-funded construction projects.

CORPORATES
ELECTRICAL TRADES UNION, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIAN LABOR PARTY, MASTER BUILDERS AUSTRALIA INCORPORATED, JOHN HOLLAND PTY LTD

Boral risks ban after ‘no’ code vote

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Original article by Ewin Hannan
The Australian – Page: 1 & 2 : 29-Jun-17

Two-thirds of De Martin & Gasparini (DMG) employees have rejected a new enterprise bargaining agreement for the Boral subsidiary. The EBA has been revised to ensure compliance with the Federal Government’s new building code, and it removes a number of provisions that would not comply with the code. Companies with non-compliant codes may be ineligible to tender for federally-funded construction projects, and the outcome of the secret ballot at DMG may have implications for the broader Boral business.

CORPORATES
BORAL LIMITED – ASX BLD, DE MARTIN AND GASPARINI PTY LTD, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, AUSTRALIA. DEPT OF EMPLOYMENT

Rogue unionists could be banned

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Original article by Ewin Hannan
The Australian – Page: 1 & 6 : 22-Jun-17

The Australian Government will seek to ban officials of registered organisations such as unions from holding office if they repeatedly break the law. The proposed legislative reforms will also enable courts to deregister organisations that have become "dysfunctional". The move follows comments by Construction, Forestry Mining & Energy Union official John Setka about targeting Australian Building & Construction Commission inspectors in their private lives. His comments have been condemned by the Opposition.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF EMPLOYMENT, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIAN FEDERAL POLICE

Union leaders praise McManus, urge workers to break laws

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 8 : 21-Jun-17

The militant Construction, Forestry, Mining & Energy Union organised stop-work rallies for building workers across Australia on 20 June 2017. The CFMEU’s Victorian secretary John Setka told a 20,000-strong audience in Melbourne that the union will actively target Australian Building & Construction Commission inspectors in their private lives. In Sydney, the Australian Manufacturing Workers’ Union’s New South Wales secretary Tim Ayres backed calls by ACTU secretary Sally McManus to ignore laws that are unjust.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, AUSTRALIAN MANUFACTURING WORKERS’ UNION, ACTU, AUSTRALIA. DEPT OF EMPLOYMENT, MASTER BUILDERS AUSTRALIA INCORPORATED, MARITIME UNION OF AUSTRALIA, BORAL LIMITED – ASX BLD

Construction watchdog ‘is misleading bosses’

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Original article by Ewin Hannan
The Australian – Page: 2 : 19-Jun-17

The Construction, Forestry, Mining & Energy Union may take legal action against the Australian Building & Construction Commission over alleged misinformation on its website. Dave Noonan, the national secretary of the CFMEU’s construction division, claims that the alleged inaccuracies on the ABCC’s website cover issues such as the rights of union officials to enter worksites and the investigations of alleged breaches of workplace laws.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION

CFMEU threatens building chaos

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Original article by Ewin Hannan
The Australian – Page: 1 & 5 : 3-Apr-17

The Construction, Forestry, Mining & Energy Union will refuse to renegotiate existing enterprise bargaining agreements to ensure that they comply with the Federal Government’s new building code. The CFMEU’s stance could result in many large construction groups being banned from gaining federal government contracts. Employment Minister Mich­ael­ia Cash argues that this will prevent CFMEU members from working on government-funded projects, while Master Builders Australia CEO Denita Wawn warns that it will increase the cost of such projects.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. DEPT OF EMPLOYMENT, MASTER BUILDERS AUSTRALIA INCORPORATED, LEND LEASE GROUP LIMITED – ASX LLC, BROOKFIELD MULTIPLEX LIMITED, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION, ACTU