Under s.67 of the Building and Construction Industry Improvement Act 2005 (BCII Act), the ABC Commissioner has the authority to publish non-compliance reports.
If the ABC Commissioner considers that it is in the public interest to do so, the ABC Commissioner may publish details of:
- non-compliance by a building industry participant with the BCII Act, including the names of the participants who have failed to comply
- non-compliance by a building industry participant with the Independent Contractors Act 2006
- non-compliance by a building industry participant with the Fair Work Act 2009, including the names of the participants who have failed to comply
- non-compliance with the Building Code, including the names of the persons who have failed to comply.
Blue flu incident
Findings in relation to events at a Country Travellers Association (CTA) project, Perth, Western Australia.
On 2 August 2007 the ABC Commissioner released his findings in relation to an ABCC investigation concerning the ‘blue flu’ incident on 8 July 2005 at the CTA site. He found:
- Joe McDonald, a senior officer of the CFMEU and CFMEUW, engaged in unlawful industrial action because he advised and encouraged workers to call in sick for industrial purposes during a meeting on 7 July 2005.
- The workers engaged in unlawful industrial action because they failed to attend the site for work on 8 July 2005.
ABC Commissioner John Lloyd observed that:
‘I expect the report, coupled with condemnation of ”blue flu” practices, will send a strong message that the orchestrated abuse of sick leave entitlements for industrial purposes is unjustifiable and unlawful.’
Hooker Cockram dispute
Findings in relation to events at a Defence Science and Technology Organisation construction project, Fishermans Bend, Victoria.
On 23 May 2006 the ABC Commissioner released his findings in relation to an ABCC investigation concerning the deduction of four hours pay for a work stoppage on a Hooker Cockram building site on 7 April 2006 at the DSTO site. He found:
- Steve Barun, a CFMEU site representative, engaged in unlawful industrial action contrary to s.38 of the BCII Act for a period of approximately 20 minutes from 9.45am to 10.05am. It was recommended that four hours pay be deducted from Barun's salary for organising and attending the meeting.
- Elias Spernovasilis, a CFMEU organiser, was involved in the unlawful industrial action by reason of the fact that Mr Spernovasilis aided, abetted, counselled or procured the unlawful industrial action taken.
- Workers had not engaged in unlawful industrial action as their participation in the stoppage was not industrially motivated. On this basis neither Hooker Cockram nor other contractors at the site were obliged to deduct the four hours payment. It would be open for an employer to deduct 20 minutes pay from employees attending the stop work meeting.
ABC Commissioner John Lloyd observed that:
’It is commendable that workers show compassion towards families of deceased workers. However, activities such as collections should only occur if they are appropriately organised and authorised. They should not be misused to advance the industrial objectives of the CFMEU.’