ILO slams ABCC

In a report handed down this month, the ILO made a new ruling strongly criticising the role of Government Inspectors in the ABCC for abandoning their traditional role - which is, protecting workers and enforcing their legal entitlements. The ILO is the United Nations international body responsible for protecting basic work rights and is made up of representatives from governments, employers and workers.

In its most recent report the ILO Committee of Experts found:

• the prosecution of workers should not be the primary duty of ABCC inspectors; that should be the protection of workers
• the ABCC is biased in chasing workers not employers
• the policy of prosecuting workers was made worse by the fact that the laws under which the cases were brought have themselves been repeatedly found to be in breach of fundamental labour standards
• prosecution of workers by ABCC inspectors prejudices the authority and impartiality needed between inspectors, employers and workers.

CFMEU Construction National Secretary Dave Noonan said the ILO has called into question the role of the ABCC and its inspectors who have been active in a policy of prosecuting workers and unions.

“The ILO has directly criticised the work of the ABCC and exposed its practice of prosecuting workers as a breach of international labour standards. These laws and the ABCC put the interests of big developers ahead of the rights of ordinary workers.

“New construction legislation due to be debated by the Senate will not meet ILO standards, leaving the Rudd Government internationally humiliated and embarrassed by its record on workers’ rights,” said Dave Noonan.

The ABCC annual report for 2006 – 2007 showed:

• 73 per cent of investigations were of trade unions
• 11 per cent of investigations were of employers
• Not a single employer has been prosecuted by the ABCC for failure to pay minimum lawful entitlements
• Only 4 employers were referred to statutory agencies for breaches
• The overwhelming majority of individuals called to secret interrogations were workers as opposed to management representatives.

“In South Australia, construction worker Ark Tribe faces six months in jail, charged with not attending an interrogation with the ABCC. When Ark faces trial in June, the Rudd Government’s record on workplace rights will also be on trial,” said Dave Noonan.

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