Builders risk ban over Eureka flag

Employers face black-listing if workers display the Eureka flag or CFMEU slogans on company-supplied mobiles and hard hats.

A union member with stickers on his hardhat, including the Eureka flag.

Companies risk being banned from federal building work if employees display the Eureka flag or union slogans on employer-supplied clothing and equipment, including mobiles and hard hats, under Turnbull government restrictions on workers showing support for the CFMEU.

In a new directive, the Australian Building and Construction Commission has warned that employers will be in breach of the national construction code, and face being ineligible to tender for commonwealth building work, if they do not abide by “more stringent” limits on the display of union logos and mottos.

Unlike the previous code which said the display of union mottos or logos had to be significant for a breach to occur, the new code says the presence of a single union logo suggesting an employee must be a union member to work on site would be a breach.

The guidance material issued on January 30 says offending material includes “images generally attributed to, or associated with an organisation, such as the iconic symbol of the five white stars and white cross on the Eureka Stockade flag”.

It says mottos include “phrases that express an organisation’s guiding principle”, an organisation’s name, symbols, “signs, markings and indications”.

Examples of the company-funded clothing and equipment include personal protective equipment, uniforms, tools, vehicles, mobile phones and first-aid boxes. The Construction Forestry Mining and Energy Union said the directive showed the “same anti-union extreme ideology” was occurring under new ABCC commissioner Stephen McBurney who recently succeeded Nigel Hadgkiss.

Dave Noonan, the national secretary of the CFMEU’s construction division, said: “Based on this document, it would be OK to fly the North Korean flag, it would be OK to fly the ISIS flag, it would be OK to fly a swastika, but it would be forbidden to fly an Australian flag which represents the struggle for democracy and national independence.

“It just demonstrates what we have been saying all along which is the ABCC is not about industry reform, it’s not about productivity, it’s not about freedom of association, it’s a taxpayer-funded culture war against unionism in the industry.”

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But Master Builders Association chief executive Denita Wawn said yesterday that employers would abide by the guidelines.

“The building code applies to employers, employees and their representatives,’’ she said.

“The law is the law and master builders will comply.”

An ABCC spokeswoman said the guidance material was designed to assist employers, unions and employees understand their obligations under the existing code and the previous code.

“These codes apply to building contractors and employers who opt to tender for projects involving funding from the Australian government.’’ she said.

“The guidance materials deal with obligations under the 2013 and 2016 codes that seek to ensure that employees are free to be, or not be, members of a union.” Examples of words or phrases on posters or signs that breached the 2013 Code: included “100% Union”, “no ticket, no start”, “no freeloaders”, “scab”, “rat”, “grub” or similar words to describe workers who chose not to be union members.

It says a significant display of material that may give the impression that a person must be a union member to work on a project may be a breach of the 2013 Code.

“Unlike the requirements in the 2013 Code, the display of building association logos, mottos or indicia does not have to be voluminous or large scale,’’ the guidance says.

“The presence of one of these items on equipment supplied by, or for which provision is made, by the employer is a breach of the 2016 code.”

Mr Noonan questioned the motivation of the ABCC.

“What public purpose does this serve?’’ he asked.

‘‘The sanction that lies behind this is the threat of the government blacklisting contractors from tendering for government projects. It’s an extraordinary level of intervention.

“If anyone had any illusions that the sort of partisan behaviour we saw under Nigel Hadgkiss, and for which he was finally exposed when he was caught breaking the law, was going to change under Mr McBurney, then this document, issued since he commenced his role, clearly demonstrates that same extreme anti-union ideology still pervades the organisation under his leadership.

“People like Derryn Hinch and Nick Xenophon were warned this was the sort of approach that would be taken. They voted for the ABCC bill and they should be ashamed of themselves.”