Builders push to axe union delegate rights

Master Builders says the next government must wind back laws that give greater rights to unionists over ‘everyday’ workers.

Chief executive of Master Builders Australia Denita Wawn.

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Builders are pressing the Coalition to commit to repealing rights for union delegates and changes to independent contracting introduced by Labor, declaring the next government must wind back laws that give greater rights to unionists over non-union workers.

In a pre-election pitch to be sent to the government and opposition, Master Builders Australia will press the case for the raft of changes to the workplace laws, including the repeal of union delegates rights and contracting provisions made under the Closing Loopholes laws.

Reflecting long-standing business concerns that Labor has handed extraordinary rights and protections to union delegates, MBA chief executive Denita Wawn said the provisions should be repealed as they give delegates greater rights and protections than “everyday workers”.

In a document to be sent to Workplace Relations Minister Murray Watt and opposition employment spokeswoman Michaelia Cash, the MBA says unions and third parties have been “given too many rights to interfere in workplaces and inject themselves into the affairs of workers and employers against their collective wishes”.

“This creates risk and uncertainty for workplaces and such interference increasingly creates additional cost to business which is often unforeseeable,” it says.

Declaring the “next federal government must stand up for the rights of self-employed tradies, independent contractors, and the right for people to choose to be their own boss,” the MBA says whichever party wins the election must restore the previous common law approach to defining an “independent contractor”.

“Recent changes to the Fair Work laws have attacked the rights of everyone to be their own boss and work for themselves,” the MBA says. “Because of this, the long-standing and lawful concept of independent contracting is under serious threat. These changes have put at risk the ongoing viability of some 260,000-plus self-employed tradies and independent small business contractors in the building and construction industry.”

Senator Watt said Labor had acted to close various legal loopholes that caused workers to lose pay, conditions and job security.

“We saw a lot of scaremongering from the Coalition and employer groups when these laws were introduced, and their predictions have not come true,” he said. “Our reforms have finally got wages moving so that people can keep up with the rising cost of living.” He accused Peter Dutton of wanting to work with “big business to cut wages and wind back workers’ rights so that Australians work longer for less”. “We have already committed to a review of these laws when they have been in force for 12 months and we will consider all views about their effectiveness in that review,” he said

Senator Cash said the Coalition would “consider all feedback from stakeholders”.

“The Coalition has made a significant announcement this week about restoring integrity in the building and construction industry,” she said “We are very focused on cleaning up the CFMEU once and for all by deregistering this corrupt union which has been infiltrated by organised crime and bikie gangs. It is imperative decisive action is taken to stamp out organised crime in the construction industry.”