THE Joint Standing Committee on Treaties will hold a public hearing today for its inquiry to extend the Exchange of Notes constituting an Agreement between the Government of Australia and the Government of the United States of America to Amend and Extend the Agreement concerning the Conduct of Scientific Balloon Flights for Civil Research Purposes of February 16, 2006.

The treaty action concerns the extension of a 2002 agreement between the Australian and US Governments which would allow the National Aeronautics and Space Administration (NASA) to continue conducting scientific balloon experiments in Alice Springs.

Committee Chair, Josh Wilson MP, said, "The extension of this agreement would continue the long-standing and mutually beneficial relationship between the Australian and US Governments. NASA’s collaboration with Australia on space-related activities has contributed more than $1 billion to the local economy.

"The existing facilities established by NASA in Alice Springs aid research into matters related to black holes, quasars, and atmospheric and environmental science. Australian scientists directly benefit from these experiments, with the agreement ensuring that Australia is entitled to receive any data from the experiments."

The Committee will hear from officials from the Commonwealth Scientific and Industrial Research Organisation (CSIRO), the University of New South Wales, and the Department of Foreign Affairs and Trade.

More information about the Committee and its inquiry can be found on the Committee’s website.

Public hearing details

Date: Thursday 18 July 2024
Time: 11am–11.40am
Location: Committee Room 1R4

The hearing can be accessed online and the program for this hearing is available on the Committee website, along with further information about the inquiry.

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THE joint media investigation into the operations and underworld links within the CFMEU confirms what Master Builders has long known and called out – union representatives with a comprehensive disregard for the law and the industry it claims to represent.

Governments cannot turn a blind eye to this abhorrent and alleged criminal behaviour that we have seen displayed over the past few days.

Master Builders implores the Prime Minister and all state leaders to urgently explore all possible options to clean up this mess.

Master Builders recommendations for urgent action are:

• Establishment of a cross-jurisdiction police strike force to investigate the allegations which is sufficiently resourced.
• The Fair Work Ombudsman (FWO) to commence a review of CFMEU activities including whether recent EBAs were in fact genuinely agreed.
• ACCC investigation of activity that may be contrary to competition laws.
• At the very least, the Federal Government introduces legislation in spring sittings that increases the powers of the FWO to hold recidivist officials and unions to account. This should include a capacity to conduct reviews of whether officials and/or registered organisations should continue to hold their existing status and provide greater protection to complainants who are currently too afraid to come forward with evidence in fear of retribution.

"The CFMEU accounts for less than 10 percent of industry participants but their unyielding stranglehold on builders, subbies, and clients has gone on for long enough," the Master Buildes statement read.

"The investigation confirms what we have heard from builders on the ground, ongoing coercion and bullying tactics employed by union representatives to accept pattern EBAs conditions including who they can and can’t hire on site.

"It’s clear the industrial relations system in building and construction is broken.

"There have been four royal commissions, hundreds of court judgments, and dozens of other reports and independent inquires that forensically examined the unlawful and illegal conduct of building unions.

"They all reached the same conclusion – there are problems unique to building and construction, and therefore there is a need for an industry-specific workplace regulator or specific rules for the industry.

"Taxpayers and consumers ultimately pay the price through higher construction costs."

www.masterbuilders.com.au

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THE Australian Constructors Association (ACA)has applauded Workplace Relations Minister Tony Burke’s announcement today, committing to “immediate” action for appointing independent administrators to the CFMEU’s construction branches.

Prime Minister Anthony Albanese confirmed that this action wpuld incorporate the NSW and QLD branches of the CFMEU.

ACA CEO Jon Davies said, "Whilst the joint media investigation has uncovered criminality, corruption and coercive behaviour in the Victorian branch of the CFMEU, the problems are not limited to Victoria.

“This action, as opposed to de-registration, will importantly mean that workers will still have access to workplace representation if needed,” Mr Davies said..

“It should not be forgotten that lawful and well-run unions play an important role in maintaining a safe workplace and representing workers on pay and conditions.”

ACA also welcomes the request from Minister Burke for joint Australian Federal Police/State investigations into all allegations of criminal behaviour.

“It is important that the rule of law prevails and that includes appropriate investigation by the ACCC into breaches of competition law,” Mr Davies said.

ACA will work to support the general manager of the Fair Work Commission in his investigation into contraventions of the Registered Organisations Act and will continue to work with the Federal Government more broadly.

“This is an opportunity to create a more balanced, harmonious and productive industry for the benefit of all workers, employers and taxpayers,” Mr Davies said.

The Australian Constructors Association is the only representative body for contractors delivering vertical and horizontal construction projects, as well as undertaking infrastructure asset management. Members construct and service the majority of major infrastructure projects built in Australia every year. OThe ACA's  goal is to create a more sustainable construction industry.

www.constructors.com.au

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THE general manager of the Fair Work Commission (the Commission), Murray Furlong, is the independent statutory regulator of federally registered organisations under the Fair Work (Registered Organisations) Act 2009 (RO Act). 

It is the Commission’s role to promote the efficient management of organisations and high standards of accountability of organisations and their office holders to their members. 

The Commission is currently undertaking careful analysis of the extensive media reporting involving the Construction and General Division of the CFMEU in relation to alleged non-compliance under the RO Act.

The general manager’s focus is on ensuring the effective functioning of branches within the CFMEU’s Construction and General Division for the benefit of their members and has been actively engaging with the CFMEU to seek clarification about what steps have been taken to put the Victoria-Tasmania Divisional Branch into administration.

Correspondence received from the CFMEU yesterday evening (16 July 2024) included that the effect of a resolution by the Construction & General Division’s Divisional Executive on 15 July 2024 is to appoint the national secretary Zach Smith to investigate and take any action he considers necessary to resolve any matters arising out of the recent media reporting and in doing so conferred on Mr Smith all powers and functions necessary to perform this role, including the powers and functions of the Secretary of the Victoria-Tasmania Divisional Branch.

The general manager is now carefully reviewing the information received from the CFMEU, including if there are any conflict of interest issues arising from Mr Smith assuming multiple roles at the same time.

Mr Furlong said:

• "I am deeply concerned about the alleged conduct and commentary that organised crime has infiltrated several state branches of the division, including that it appears to be embedded and ongoing."

• "I have already initiated a wide range of operational activities, including seeking advice on making an application to the Federal Court under s.323 of the RO Act. I have also commenced sharing information with other regulatory and law enforcement authorities and requesting evidence about alleged contraventions from a wide variety of participants in the building and construction industry."

• "While the alleged criminal conduct reported in the media falls outside of my jurisdiction, alleged conduct involving repeated, opportunistic or deliberate contraventions of the RO Act, including misappropriation of funds or unlawful conduct of elected officials, will be met by swift, well-resourced and significant enforcement action."

• "Members of registered organisations deserve for their organisations to represent their interests in a lawful manner, that is consistent with the RO Act, other laws and the expectations of our community."

www.fwc.gov.au

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THE House Standing Committee on Economics has published the programs for its upcoming public hearings in Cairns and Townsville, Queensland, as part of its inquiry into insurers’ responses to 2022 major floods claims.

The Cairns hearing will be held in the Catalina Room at the Cairns RSL on Wednesday, July 24, from 9am to 4pm. The hearing will include evidence from local councils, business associations, community organisations and residents.

The Townsville hearing will be held in the Jezzines Function Room at the Townsville RSL on Thursday, July 25, from 9.15am to 12.30pm, and will include evidence from Townsville City Council and business associations, with a session for individual statements by residents subject to interest.

The hearing programs are available on the inquiry website.

For further information contact the Committee secretariat on 02 6277 4707 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

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THE ISSUES highlighted with the CFMEU by the joint media investigation are shocking but unsurprising to anyone who has worked in the industry for any length of time, according to the Australian Constructors Association.

Australian Constructors Association CEO Jon Davies said that although the investigation focused on Victoria, the problems are widespread across the construction industry.

“These issues contribute to the construction industry’s productivity being lower than it was 30 years ago,” Mr Davies said. “They are also why only 13 percent of our workforce are women, why projects are running late and over budget, and why more people are leaving the industry than joining it.

“While we support unions assisting contractors in maintaining safe working conditions and representing workers on pay and conditions, they should not control who works on a project or when concrete can be poured.

“We urge authorities to thoroughly investigate all allegations made in this investigation and call on state and federal governments to take strong action. As Minister (Tony) Burke said on Insiders over the weekend, worksites should be free from bullying and thuggery.

“We now have an opportunity to make this a reality, and the Australian Constructors Association is ready to work with all stakeholders to achieve this goal.”

The Australian Constructors Association is the only representative body for contractors delivering vertical and horizontal construction projects, as well as undertaking infrastructure asset management. Its members construct and service the majority of major infrastructure projects built in Australia every year and Mr Davies said the association's goal was to create a more sustainable construction industry.

www.constructors.com.au

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MASTER BUILDERS Australia has welcomed today’s announcement that the Fair Work Commission is seeking advice on making an application to appoint an independent administrator to oversee the CFMEU.

The announcement is a significant move in addressing a range of serious allegations against the CFMEU while ensuring workers retain access to workplace representation if they choose.

According to Master Builders' official statment, "It is also an important first step towards stamping out the toxic and ingrained culture within building unions of bullying, thuggery, and complete disregard for the law. 

"We also appreciate Minister (Tony) Burke’s commitment to support the application and to introduce legislation in the next sitting period should there be any legislative barriers to appointing an administrator.

"We welcome the Federal Government’s announcement of a Fair Work Ombudsman investigation into CFMEU Victorian EBAs on Big Build projects, a review through procurement powers into whether CFMEU EBAs on government projects were genuinely agreed to, and a request for an AFP investigation working alongside state jurisdictions to investigate the recent claims and any criminal breaches.

"This culture has existed for decades and has stifled productivity and increased the cost of construction at the expense of the community, taxpayers, jobs and small business.

"All levers need to be pulled to ensure these investigations are well-resourced, thorough and have the full powers available to them.

"Master Builders will continue to work with the Federal Government about taking a holistic urgent approach to this issue, including an ACCC investigation.

It has been extensively documented in four Royal Commissions, dozens of inquiries and reviews, and hundreds of court judgements. The time for talking is over - what we need now is real action to fix this problem once and for all.

"More action will still be needed to hold recidivist officials accountable, and a strong building regulator must be reinstated.

"We urge all political parties to set politics aside and work together to ensure the passage of legislation to remove any barriers to the investigations."

www.masterbuilders.com.au

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AWU Queensland Secretary Stacey Schinnerl will fronted a Parliamentary Committee hearing today to call on the government to make it clearer in the law that assaults on Queensland Health operational workers should be treated as ‘serious assault’.

Section 340 of the Criminal Code 1899 provides for a crime of ‘serious assault’ against offenders who assault public officers at work.

There has long been confusion in the Queensland Health workforce about whether assaults perpetrated against certain employees are provided for in the Code.

This confusion is being caused by a very high rate of assault in the workplace, with very few charges of ‘serious assault’ laid on perpetrators who commit violence against staff.

The underutilisation of this section for assaults against Queensland Health operational workers would indicate that the current wording of the section does not clearly include these workers, especially considering the extreme rates of violence in their workplaces.

The AWU is of the firm belief that the Bill should be amended to clarify the scope of s340 of the Code to make it clear that the crime of ‘serious assault’ extends to offenders who assault Queensland Health operational workers while they are performing their work.

“Public hospital workers are subject to escalating levels of violence in the workplace,” Ms Schinnerl said.

“Recent data provided by Queensland Health to the Courier Mail in May suggested that we were on track to record over 45 assaults on hospital staff per day in the 2023 – 2024 financial year.

“Every worker deserves to come home at the end of their shift the same way they started it, and every worker deserves to be safe at work.

“The AWU is unapologetic in the belief that offenders who perpetrate violence against public servants in the course of their duty should face the full extent of the law.

“The current rate of violence in our public hospitals is an embarrassment to our society and requires serious action.”

Background

The AWU represents close to 20,000 workers in various industries across the public and private sectors. Among the union’s membership are thousands of workers in Queensland’s public hospitals.

These workers work in a variety of roles, including security officers, wardspeople, cleaners, food services workers, groundspeople, mental health nurses, clinical assistants and more.

‘Serious Assault’ In the Criminal Code

Section 340 of the Code provides for a crime of ‘serious assault’ against offenders who assault public officers while that officer is performing a function of their office.

This section acts as a powerful deterrent against assaulting certain public servants while they engaged in the course of their service.

As it is currently written, the section contains specific provisions and examples relating to police officers, child safety officers, correctional officers and employees of the Queensland Ambulance Service.

The AWU is submitting that the Code should specifically refer to Queensland Health operational workers in an attempt to end the underutilisation of the crime when charging someone who assaults a security officer or other operational worker in a public hospital.

The AWU believes this is leading to police opting to not utilise this section to charge offenders, despite constant cases of assault that would appear to meet the requirements of ‘serious assault’ under the Code.

The AWU Submission

The AWU Submission to the inquiry can be read here: https://acrobat.adobe.com/id/urn:aaid:sc:AP:31b4b802-b32c-42ab-9aad-a4fb08164e4d

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