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Facts speak for themselves - the ABCC does not 'persecute' workers


National , Statement 

Release date: 23 March 2010 

The ABC Commissioner has emphatically rejected claims that ABCC Inspectors are biased and target workers when conducting investigations.

ABC Commissioner John Lloyd said recent comments from the ACTU and CFMEU that the ABCC ‘persecutes’ workers are wrong.

Mr Lloyd cited statistics that show workers are rarely named in ABCC cases.

‘Only eight per cent of court cases commenced by the ABCC involve workers as respondents. The remainder are against unions, union officials and contractors. The claims about ABCC activities are inaccurate and misrepresent the high quality work undertaken by inspectors, often in challenging and confronting circumstances.’

The laws enforced by the ABCC protect the rights of workers in building and construction workplaces. These include fundamental rights such as being free to join or not join a union, to choose between types of industrial arrangements, to decide to engage in lawful industrial action, to decide not to engage in unlawful industrial action and to work free from intimidation and threats.

‘The ABCC will continue to investigate complaints without fear or favour. Victims of unlawful conduct have the right to expect the ABCC to thoroughly investigate and prosecute when necessary.

‘A significant number of ABCC investigations and cases are concerned with protecting the rights of the industry’s workers.

‘In discharging its responsibilities the ABCC will take action against those who break the law. This on occasions may involve workers who have contravened the law.’

However, workers are in a clear minority as respondents in ABCC cases. The majority of cases involve unions, union officials and contractors. This reflects the incidence of contraventions by those parties. No ‘targeting’ is conducted. The law is enforced without fear or favour.

Ninety per cent of the ABCC’s prosecutions are successful.

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