The latest amendments to the Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011 have been criticised by the Australian Constructors Association (ACA).
The changes will effectively make the new industry watchdog, the Fair Work Building Industry Inspectorate, a toothless tiger, according to Jim Barrett, Executive Director of the ACA. He claims the inspectorate will be prohibited from continuing to prosecute for unlawful industrial action if the employers and unions can ‘settle’ the matter between themselves.
“I don’t think people yet understand the implications of these latest amendments, which puts us on the track back to the dark days where coercion and intimidation were key drivers of industrial behaviour in the construction industry," Barrett said.
“The amendments will no doubt greatly increase the pressure on employers to settle court actions taken by them when faced with unlawful industrial action.
“The amendments were introduced into Parliament without consultation with industry, even though they will have a major impact upon industry.
“The inspectorate needs to act independently in enforcing the law. This has been a key principle underpinning the success of the Australian Building and Construction Commissioner in ensuring lawful behaviour by all building industry participants,” said Barrett.
He called for the Senate to reject the Bill, claiming that the new legislation will drive up construction costs while increasing industrial risks on construction projects.
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