The Australian Building and Construction Commissioner John Lloyd today expressed his disappointment that the CFMEU has aired a highly misleading television advertisement.
The advertisement depicts employees who stop work because of an occupational injury incident as being open to substantial penalties. It is alleged this is due to the operation of the Building and Construction Industry Improvement Act 2005 (the Act).
On the contrary, the Act explicitly protects building industry workers in these circumstances.
Commissioner Lloyd said the Act states that the definition of industrial action does not cover an employee who stops work “based on a reasonable concern about an imminent risk” to their health and safety.
“Stopping of work in these circumstances has never been the subject of prosecution by the ABCC, nor would it be my intention to take action in these circumstances,” he said.
“It is most unfortunate that the CFMEU has chosen to exploit occupational health and safety in this manner.
“Such a blatant misrepresentation of the facts only serves to undermine the efforts of many in the industry to reduce its unacceptable rates of death and injury.”
Commissioner Lloyd said the advertisement also makes inaccurate claims about the powers of the ABCC.
“The ABCC is given the power to require people to answer questions and provide documents.
These powers are not unique. In fact, they have been modelled on those used by the ACCC and other independent state and federal bodies,” he said.
“The ABCC has this reserve power because people often encounter reprisals and intimidation if they are seen to be co-operating with an investigation. The ABCC compliance power is used as a last resort and only after a person has chosen not to co-operate voluntarily with an investigation.
“Also, in exercising the power, a number of important protections are afforded to the person involved. The protections include the right to legal representation, 14 days written notice and immunity from prosecution.”