Senator the Hon Michaelia Cash
Shadow Attorney-General
Shadow Minister for Employment and Workplace Relations
Deputy Leader of the Opposition in the Senate
Senator for Western Australia
16 OCTOBER 2024
RESTORING ABCC WILL PROVIDE POWERS NEEDED TO DEAL WITH ROGUE CFMEU
Prime Minister Albanese’s catastrophic decision to abolish the Australian Building and Commission (ABCC) and hand control over the construction sector in Australia to his mates at the CFMEU continues to have disastrous ramifications on our nation’s building sites.
Today it has been reported that the Fair Work Ombudsman currently has 42 investigations into the rogue CFMEU, which has donated $6.2 million to the Labor Party since Anthony Albanese became leader.
Today’s report highlights the need for two Coalition Bills before the Parliament to be urgently passed.
These Bills would re-establish the Australia Building and Construction Commission and implement new integrity measures for the construction industry.
Shadow Minister for Employment, Senator Michaelia Cash, today called on the Albanese Government to pass these Bills as soon as Parliament resumes.
“If Mr Albanese wants a functioning construction sector in this country, we need to re-establish the ABCC as soon as possible and ensure CFMEU thugs and criminals are removed from work sites.” Senator Cash said.
“The Fair Work Ombudsman has very grave shortcomings in its powers to deal with the CFMEU, which was a deliberate decision of the Albanese Government to ensure the CFMEU had more power in the construction sector,’’ she said.
Labor deliberately limited the FWO’s ability to deal with CFMEU corruption and thuggery in several ways, which is, of course, is what its corrupt largest donor wanted.
Senator Cash noted that the FWO does not have witness protection powers to help it investigate union thuggery; penalties able to be imposed by the FWO are not sufficient to deter CFMEU thuggery; and the FWO’s legislation does not require individual CFMEU thugs to pay their fines personally.
Minister Murray Watt is reported today as saying: ‘’I am concerned about the ongoing reluctance on the part of complainants to come forward, and we are considering what further steps can be taken to address this.’’
Senator Cash said the ABCC had the powers to protect witnesses who would not voluntarily give evidence because of fear of reprisal.
“By restoring the ABCC you fix this issue,’’ she said.
“When Labor abolished the ABCC it also abolished the higher penalties under the ABCC legislation, which were three times greater than the penalties available to the FWO.
“This was a deliberate loophole created by Labor as a reward to its biggest donor.”
“The less the CFMEU had to pay in penalties for its thuggery, the more money it would have to donate to Labor.” Senator Cash said.
The Fair Work Act includes a deliberate loophole in which unions can pay fines imposed on individual union officials or delegates when they break the law.
“This is in contrast with the Corporations Law, which prohibits a business from paying any financial penalty imposed on a director or officer for their personal wrongdoing,’’ Senator Cash said.
“The Coalition is committed to closing this loophole. Will the Albanese government now do so?” she said.
Senator Cash said the only way to restore integrity to the construction sector and properly bring the CFMEU under control is to pass the Coalition’s Bills which are presently before the Parliament.
ENDS
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