Building watchdog racks up 100th win as Labor vows to abolish it

Labor is edging closer to shutting down “totally discredited” building watchdog the ABCC, which has had a big success rate in fighting unlawful industrial action in Queensland.

The construction watchdog has promised to investigate and enforce workplace law on building sites until it is shut down by the Labor government, as it wraps up its 100th successful court case.

More than a quarter of the Australian Building and Construction Commission’s court wins against illegal actions on building sites, and more than in any other state or territory, have been in Queensland, where there is a high amount of alleged unlawful industrial action.

A CFMEU union protest. Picture: Annette Dew

One of its recent wins includes a record $840,000 against the CFMEU and three union organisers for a series of work stoppages to coerce a crane company, with the judge in the Federal Court case describing the union as “adopting unlawful means to achieve an end”.

The Labor government has promised to “defund” and abolish the ABCC, without replacing it with a new watchdog.

The ABCC has won 102 out of 109 of the cases it has taken to court since it was re-established in December 2016, according to the latest data.

Of these, 28 were in Queensland with $4.9m in fines handed out, the majority of which were against the CFMEU.

It is compared to 27 cases in Victoria with a combined $3.49m in fines handed down, and 15 cases each in NSW and WA.

In its June industry update, the ABCC confirmed it would keep doing its job until the legislation empowering it was repealed.

“We will continue to carry out our legislated requirements until there is a change in our governing regulations,” the report stated.

ABCC Commissioner Stephen McBurney reiterated this in a message to the industry in the report.

“We continue to conduct site visits, as it is imperative we maintain a presence where it matters most, on building and construction sites and in furtherance of our regulatory functions,” he said.

Australian Building and Construction Commissioner Stephen McBurney. Picture: Kym Smith

There are 39 matters before the courts that will have a cloud hanging over them.

“The ABCC cannot speculate on proposed changes to legislation or what impact that may have on current litigation,” the report stated.

Workplace Relations Minister Tony Burke said he repeatedly made clear Labor would push forward with its plans to abolish the ABCC.

“The ABCC is a politicised and totally discredited organisation that targets workers and was itself found to have acted unlawfully,” he said.

“It was set up by the LNP to dismantle unions and undermine the pay, conditions and job security of ordinary Australian workers.

“We will abolish it and we make no apology for that.”