ABCC chief Nigel Hadgkiss resigns

Australian Building and Construction Commissioner Nigel Hadgkiss quits after admitting contravening the Fair Work Act.

Nigel Hadgkiss has resigned as commissioner of the ABCC.

Australian Building and Construction Commissioner Nigel Hadgkiss has quit, a day after admitting he contravened the Fair Work Act.

Employment Minister Michaelia Cash announced today that Mr Hadgkiss has tendered his resignation and she said his decision has been accepted by the Government.

Unions had yesterday demanded his resignation after ­Mr Hadgkiss admitted he contravened the Fair Work Act, did not read legislation and ignored staff concerns.

Mr Hadgkiss, who was paid $426,160 a year, faces a civil penalty hearing in the Federal Court tomorrow after the Construction Forestry Mining and Energy Union took legal ­action that led to his admissions.

ACTU secretary Sally McMan­us had joined the CFMEU to demand Employment Minister Michaelia Cash sack Mr Hadgkiss, given “he has broken laws he was supposed to enforce” and the minister continually urged action against unions for not upholding the rule of law.

In her statement today, Senator Cash did not refer to the contravention, instead paying tribute to Mr Hadgkiss.

“Mr Hadgkiss has played a pivotal role in restoring the rule of law to Australia’s building and construction industry, despite relentless opposition and appalling intimidation from lawless construction unions and their political supporters,’’ she said.

“The Government thanks Mr Hadgkiss for his service and wishes him well in his future endeavours.”

Under questioning from the ALP in parliament, Senator Cash said she first became aware of the conduct by Mr Hadgkiss in October last year, 11 months before his admission in court yesterday.

Opposition workplace relations spokesman Brendan O’Connor said Senator Cash should have stood down Mr Hadgkiss last year.

“Given Minister Cash has known about Nigel Hadgkiss’ breach of the law since October 2016, she must come clean and explain why she failed to stand him down,’’ he said.

But Senator Cash’s spokesman said she became aware of the alleged conduct at that time because the CFMEU has sought to join the Commonwealth to the legal proceedings it was pursuing against Mr Hadgkiss.

The spokesman said that at that time the action amounted to allegations by the CFMEU, no admissions had been made, and the matter was before the courts to be determined.

CFMEU construction division secretary, Dave Noonan, welcomed the resignation of Mr Hadgkiss, saying “he will be sadly missed by the big property developers and the Liberal Party”.

“He will not be missed by construction workers,’’ he said.

“Obviously, under the circumstances, he had no alternative other than to resign because he was in breach of the laws he is ostensibly in charge of.’

ACTU secretary Sally McManus said his resignation was a win for workers.

“Mr Hadgkiss obeyed the dictates of his political masters, Prime Minister Turnbull and Employment Minister Michaelia Cash, through ongoing attacks against working people and in the end he not only stepped over the line he set up camp there for two years,’’ she said.

“As head of the ABCC, he oversaw a draconian and authoritarian body that breached Australia’s international obligations, persecuted workers and stripped away the right of silence from ordinary hard working Australians. “

“Mr Hadgkiss was Minister Cash’s champion in her fight against working people. That the Minister today, of all days, praised Mr Hadgkiss for “restoring the rule of law”, while systematically acting unlawfully for two years, demonstrates that the minister not only has a radical anti-worker agenda but that this resignation is entirely about limiting further damage to a government in chaos.”

Master Builders Australia chief executive Denita Wawn said Mr Hadgkiss played a crucial role over many years in combatting the thuggery and unlawful conduct of the building unions, particularly the CFMEU,