ABCC: Blind eye to employer unlawfulness

The anti-worker bias of the Australian Building and Construction Commission has again been exposed by the acting chief justice of the Federal Court who has found the ABCC turning a “blind eye” to dishonest employer behaviour.

In scathing comments issued from the bench this week, Justice Jeffrey Spender said the ABCC had failed to act in an even-handed way in its pursuit of the Plumbers Union and its Queensland secretary, Bradley O’Carroll.

Justice Spender said the case should never have been brought by the ABCC and rather than prosecuting the union, it should have been investigating the employer, a company called Underground, and its “foul-mouthed industrial cowboy” boss.

The ABCC must now pay the costs of the Plumbers Union for its misguided decision to seek a prosecution.

The humiliating result for the ABCC follows this week’s report by former judge Murray Wilcox, QC, that the building industry watchdog discriminates against construction workers and infringes on their rights.

In his comments, Justice Spender said that rather than waste resources on an unfounded coercion case against the union, the ABCC should have been investigating “sham” independent contracting operations and tax and superannuation evasion by Underground.

Justice Spender also said that if the “foul-mouthed” language used by the managing director of Underground had instead been used by a union official it would probably have been the subject of a prosecution.

ACTU Secretary Jeff Lawrence said the case confirmed that the ABCC was biased against workers and unions and should be scrapped.

“The ABCC has focused its resources on attacking workers’ rights, but has turned a blind eye to unlawful acts by employers such as tax evasion, sham contracting and intimidation of workers,” Mr Lawrence said.

“There is scant evidence that the ABCC’s taxpayer funded activities have led to any improvements in the construction industry, and its bias has now been exposed by the Federal Court.

“Workers have been subjected to secret interrogations and threats of jail from the ABCC simply for maintaining their right to silence.

“No group of workers should have fewer rights than others, and the ABCC should be abolished immediately.”