Victoria and Western Australia continue to be the building industry’s biggest trouble spots, based on the number of legal proceedings undertaken by the ABCC in these two states.
Figures released on 30 March 2010 show three-quarters of the ABCC’s current proceedings are underway in these two states alone.
In contrast, Australia’s most populous state — New South Wales — represents only 12 per cent of current proceedings, less than half of those in Western Australia.
Unlawful industrial action persists as the main subject of proceedings, comprising 55 per cent of the matters currently before the courts.
The other most common contraventions relate to coercion and freedom of association, which account for a third of matters currently before the courts.
Burden carried by subcontractors
The nature, volume and parties involved in these contraventions indicate that it is smaller contractors who are most vulnerable and bear the greatest impact of this behaviour. They often have more limited legal and financial resources to deal with these matters when they occur.
The ABCC has initiated a significant number of cases in defence of subcontractors. Most of these cases involve threats of industrial action if employees fail to join the union or fail to enter a union negotiated agreement.
ABC Commissioner John Lloyd said the ABCC was committed to supporting small contractors, who continue to be sandwiched by the competing demands of the bigger players in the industry.
‘As the industry regulator the ABCC pursues matters regardless of their size or status.
‘Although the ABCC has a number of high-profile cases underway, it also regularly proceeds with prosecutions to defend the rights of smaller operators and subcontractors and reform the culture of the industry.
‘The ABCC will continue to defend the workplace rights of all participants in the building and construction industry.’