‘Co-ordinated disregard for the law’: Watchdog’s QLD concern over union activity

Queensland construction sites are experiencing more investigations into alleged unlawful action than any other state – and the industry watchdog is calling for the union to change its ways.

There is a “co-ordinated disregard for the law” from the CFMEU in Queensland, the construction industry watchdog has warned, as a pandemic truce disappears and ”significant issues” return.

More inspectors and resources from across the states will be diverted to Queensland cases as the Australian Building Construction Commission deals with the state‘s disproportionately high level of disruption.

There were more investigations into alleged unlawful industrial action on construction sites in Queensland last year compared with any other state or territory, with 42 new probes launched, compared to 38 in Victoria and 33 in NSW.

ABCC Commissioner Stephen McBurney, who previously investigated organised crime in Victoria with the Office of Chief Examiner, said at the start of the pandemic industrial activity fell significantly, but there has been a “return to type” with ”one common denominator”.

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

“We have a level of co-ordinated disregard for the law from the CFMEU that‘s requiring a regulatory response,” he said.
“What the stats tell us, there‘s no preparedness for the CFMEU to change its ways.

“Regrettably we are seeing a return to type and a return to significant issues on right of entry, coercion and freedom of association.”

Of the 36 cases the ABCC has before the court currently, 14 are in Queensland, 11 of which involve the CFMEU.

Five Queensland-based cases were finalised with a total of $707,310 in fines handed down. Three of those and $562,010 were against the CFMEU, while one was against an employer and another employees.

Separately, there were five court proceedings started by ABCC in Queensland in 2021, which included 58 alleged contraventions, mostly related to alleged right of entry breaches, but also 12 freedom of association breaches and eight regarding misrepresentation.

ABCC investigations commenced

• QLD – 42
• VIC – 38
• NSW – 33
• WA – 14
• SA – 7
• NT – 3
• ACT – 2
• TAS – 1

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Five court proceedings commenced by ABCC in QLD in 2021 with 58 alleged contraventions including:

• Right of entry – 36
• Freedom of association – 12
• Misrepresentation – 8
• Other – 2

Mr McBurney said more resources would be deployed to Queensland, particularly as work from home arrangements and virtual site visits increased the ability to do so.

“We have got more cases in Queensland, we have got more investigations in Queensland. I‘m putting more resources into Queensland as a result of that,” he said.

CFMEU Queensland boss Michael Ravbar said it was “absolute nonsense from a paralegal arm of the government” trying to justify its $80 million budget and that the matters investigated were “largely trivial”.

CFMEU protest at Parliament. Picture: Annette Dew

“Most of these so-called investigations and cases never make it to trial. They are all too often just quietly dropped before a hearing, at great cost to the taxpayer. Many of those that do proceed are lost, again at great expense to the taxpayer,” Mr Ravbar said.

According to the ABCC annual report, there were 17 court cases finalised in 2020-21, 16 of which were successful, and 22 finalised in 2019-20, 20 of which were successful.

He said the Queensland construction industry had been one of the least effected by stoppages in the country.

“The CFMEU and other building unions have worked closely with members and employers to keep the industry working throughout two years of the Covid pandemic without a single day’s lost time,” Mr Ravbar said.