A large amount of agreement making is expected to take place across the building and construction industry this year when collective agreements are due to be negotiated.
The main object of the Building and Construction Industry Improvement Act 2005 is "to provide an improved workplace relations framework for building work to ensure that building work is carried out fairly, efficiently and productively for the benefit of all building industry participants and for the benefit of the Australian economy as a whole."
The ABCC encourages building employers, employees and unions to reach agreements that assist in making their operations more efficient and productive. A "one size fits all" approach which underpins pattern bargaining is not conducive to maximising efficiency and flexibility.
The ABCC has strong powers to pursue cases involving unlawful industrial action or conduct. The ABCC is available to provide advice to industry participants about the legal issues that may arise in bargaining and agreement making.
It is important to understand that whilst pattern bargaining per se is not prohibited, certain conduct such as the taking of industrial action in support of a pattern agreement is not permitted.
The ABCC is able to intervene in proceedings in the Australian Industrial Relations Commission (AIRC) or a court or in certain circumstances it can institute proceedings for injunctions.
If employees were to engage in industrial action in pursuit of an agreement, this first would require a union to apply to the AIRC for a protected action ballot. However, the AIRC must not issue a protected action ballot order if the applicant is engaged in pattern bargaining. The ABCC may intervene in such proceedings to submit that no order should be made. In the event industrial action was occurring the ABCC could intervene in AIRC proceedings for orders to stop the disruption.
Court proceedings might also be taken if there is evidence of coercion or discrimination whether that that be by unions or head contractors.
For more detailed information and advice, or to discuss your particular circumstances, contact the ABCC hotline on 1800 003 338 or through an online enquiry from the ABCC website www.abcc.gov.au.