No one is above the law
 
The CFMEU’s illegal blockade of the Emporium construction site may have come to an end, but it has threatened Melbourne’s opportunities to generate jobs and stimulate economic activity.

Images of clashes with police and protesters in balaclavas have been beamed across the nation and beyond, damaging Victoria’s reputation as an attractive place to invest.

For three weeks, the union held Victoria’s building industry to ransom through its reckless actions, which may turn businesses away from wanting to invest in building activity here.

The CFMEU said this dispute was about safety, but what they really want is power. They want to dictate who should work on building sites. And it appears they are prepared to the use the old play book tactics of intimidation to add costs and delays to building projects.

The illegal blockade has cost our community hundreds of thousands of dollars every day. And it’s not the first time we have seen action like this here in Victoria’s building industry.

In recent years, the CFMEU’s actions have caused delays or cost blowouts on massive taxpayer-funded projects such as the West Gate Bridge upgrade, the new Royal Children’s Hospital and the relocation of the Melbourne Markets to Epping.

How many other projects will they bring to a grinding halt for their own political reasons? Every Victorian could be hurt by additional costs and long delays on current and future building projects such as:

  • New hospitals like Victoria’s new Comprehensive Cancer Centre in Parkville, that will help thousands of people in our community
  • Upgrades for schools in our suburbs and regional towns to ensure our children get a great education
  • Future transport projects, like an East West tunnel and Melbourne Metro rail line, that will improve our society’s liveability
  • Improvements to our leading sporting venues like the MCG and Melbourne Park
  • Offices and workplaces that will support new jobs, and
  • High rise apartment buildings, which may help tackle affordable housing.

The union's unlawful actions contravened orders by the Supreme Court of Victoria, so why aren’t our nation’s politicians doing more to stop them?

Master Builders believes the CFMEU has no right to act as if it’s above the law. If you agree, then ensure your voice is also heard because it’s Victorian jobs and investment that are on the line.

Tackling the myths


   
What the CFMEU said The truth
   
This was a safety dispute
It was not. This was an attempt by the CFMEU to control building sites. Grocon has in fact been recognised nationally for their exemplary occupational health and safety standards.
   
This was an industrial dispute It was not. Grocon employees were not involved in the unlawful action. Those involved in the illegal blockade were building workers summoned by the CFMEU to engage in the unlawful action. Grocon’s employees have in fact expressed their frustration with the dispute, saying they wanted to be able to return to work.
   
Grocon has done something wrong in the process of electing health and safety representatives Grocon has done nothing wrong. Grocon has acted according to the terms of the Occupational Health and Safety Act in allowing their employees to vote for their own health and safety representatives (rather than allowing the CFMEU to choose the representatives for them). Furthermore, Worksafe has endorsed the selection process of the health and safety representatives by Grocon employees.
   

Grocon has bullied and intimidated employees and union members

This allegation is completely unfounded. Grocon has acted fairly and reasonably throughout the dispute. It is in fact the CFMEU that has conducted very public acts of intimidation. Some CFMEU officials have even been suggested to have underworld links and criminal records.
   
It is their right to protest Everyone has the right to protest but the CFMEU conducted its protest outside the bounds of the law. This impinged on Grocon employees’ right to work.

The CFMEU’s illegal blockade of the Emporium site contravened orders of the Supreme Court of Victoria and is the subject of a pending contempt of court decision.

Building contractors must be protected from this type of illegal disruption to productivity. Grocon was forced to endure weeks of lost production at a cost of around $500,000 each day.
 

How did this happen?


The Federal Government abolished the Australian Building and Construction Commission (ABCC) this year.

Recommended by the Cole Royal Commission, the ABCC was set up to tackle lawlessness and thuggery in the building industry and ensured everyone obeyed the law.

An effective watchdog, the ABCC has been replaced with a new national body that has limited powers to investigate and prosecute illegal activity on building sites.

Victorians have seen the consequences of this policy, with the CFMEU acting as if it is above the law by imposing an illegal blockade at Grocon’s Emporium worksite in central Melbourne and other sites too.

It’s time for our nation’s leaders to take up the challenge and ensure everyone in the construction sector – from unions to workforces to employers – complies with the law.

This may mean our community has a serious discussion about these laws. After all, if it so easy to break the law without fear of punishment or penalties, surely our laws need to be changed.

The building industry needs a strong cop on the beat to ensure worksites remain free of intimidation, thuggery and corruption. It’s absolutely necessary for our industry to continue delivering the homes, offices, workplaces, factories, schools, hospitals, roads and other vital infrastructure Victorians rely on us to deliver.

And if the CFMEU isn’t willing to obey the law then it should be held accountable, even if that means the possibility of deregistration. It is imperative that its members be represented by a law-abiding and reasonable organisation rather than be subjected to rogue behaviour that shuts down building sites, regardless of the costs involved, on a whim.

What can I do?


You can support efforts to ensure the rule of law prevails on Victorian building sites. Help send Canberra a message that more needs to be done by helping us lobby for action. It will only take a minute of your time, but it could make a big difference to bringing the rule of law back to the building industry.

I'm a member of the public and want my voice heard

I'm in the building industry and want my voice heard
 
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2007 State Budget Can Head Off Potential Growth Problems
Tuesday, 20 March 2007
 
Unions Could Regain Control of Work-sites
Tuesday, 20 March 2007
 
Proposed OHS Regulations will cause housing cost spike
Friday, 2 March 2007
 
Master Builders Applauds go-ahead for Camberwell Station re-development.
Friday, 16 February 2007
 
BUILDING & CONSTRUCTION INDUSTRY CALLS FOR POLICY NOT POLITICS IN 2007
Monday, 12 February 2007
 
Rental crisis reflects delays in council approval process
Wednesday, 7 February 2007
 
Planning Minister's new initiatives welcome
Friday, 2 February 2007
 
Master Builders calls for government action over ‘renegade’ Banyule Council
Wednesday, 31 January 2007
 
BUILDERS WELCOME FULL TIME PLANNING MINISTER
Wednesday, 29 November 2006
 
HOUSING AFFORDABILITY WILL BE GOVERNMENT’S BIG TEST
Monday, 27 November 2006
 
STATE ELECTION – THIS SATURDAY (25 NOVEMBER)
Wednesday, 22 November 2006
 
LABOR STAYS STRONG ON MELBOURNE 2030
Wednesday, 22 November 2006
 
LIBERALS’ STAMP DUTY INDEXATION WELCOMED
Monday, 13 November 2006
 
STAMP DUTY RELIEF A STEP IN THE RIGHT DIRECTION
Monday, 30 October 2006
 
BUDGET STOCKPILE COULD MAKE HOUSING MORE AFFORDABLE
Tuesday, 3 October 2006
 
HOUSING STRATEGY FAILS TO ADDRESS AFFORDABILITY
Tuesday, 26 September 2006
 
MASTER BUILDERS IN THE NEWS
Tuesday, 26 September 2006
 
VCAT FIGURES A SAD TALE FOR HOUSING AFFORDABILITY
Monday, 11 September 2006
 
MASTER BUILDERS RECOGNISE EXCELLENCE IN HOUSING
Monday, 4 September 2006
 
PLANNING RED TAPE - new laws must cut processing times
Wednesday, 30 August 2006
 
APPRENTICES RECOGNISED – Building industry future in good hands
Friday, 28 July 2006
 
MASTER BUILDER WEEK 2006
Tuesday, 18 July 2006
 
MASTER BUILDERS RECOGNISE EXCELLENCE IN CONSTRUCTION
Tuesday, 4 July 2006
 
PROTEST – UNION POWER OVER WORKER’S CONDITIONS
Wednesday, 28 June 2006
 
BENDIGO GYM & MILDURA HOME RECOGNISED FOR BUILDING EXCELLENCE
Monday, 19 June 2006
 
GOVERNMENT PROTECTS ITSELF AHEAD OF INDUSTRY
Wednesday, 14 June 2006
 
FREE TRAINING FOR BUILDERS USING CONCRETE PANELS
Wednesday, 7 June 2006
 
LEONGATHA & METUNG PROJECTS RECOGNISED FOR BUILDING EXCELLENCE
Friday, 2 June 2006
 
STATE BUDGET MEDIA CONTACTS
Tuesday, 30 May 2006
 
STATE BUDGET - First Homebuyers left out in the cold
Tuesday, 30 May 2006
 
BALLARAT AWARDS NIGHT RECOGNISES BUILDING EXCELLENCE
Friday, 26 May 2006
 
BUILDERS DESCRIBE ETU BAN AS IRRESPONSIBLE
Friday, 19 May 2006
 
REGIONAL BUILDING AWARDS – NORTH EAST
Friday, 19 May 2006
 
TRANSPORT ANNOUNCEMENT A BOOST TO MELBOURNE 2030
Thursday, 18 May 2006
 
BUILDERS BACK MELBOURNE 2030
Wednesday, 3 May 2006
 
12 MONTH REPRIEVE FOR CONSUMER ‘CHOICE’ ON TIMBER FLOORS
Friday, 28 April 2006
 
BUILDERS CAUTIOUSLY WELCOME VCEC REPORT
Wednesday, 19 April 2006
 
VICTORIANS PROVIDE A BETTER FUTURE IN SRI LANKA
Wednesday, 19 April 2006
 
HOOKER COCKRAM ACTED WITHIN THE LAW
Tuesday, 11 April 2006
 
ACTION PLAN FOR POST GAMES ECONOMIC BOOST
Friday, 31 March 2006
 
ALL QUIET AT DAWN OF NEW ERA
Monday, 27 March 2006
 
Builders hit out at price hike to consumers
Friday, 17 March 2006
 
ASBESTOS SHOULD BE KEPT OUT OF AUSTRALIA
Friday, 10 March 2006
 
Employers need assistance before skills initiative
Tuesday, 7 March 2006
 
MBAV HOUSE REDEVELOPMENT
Friday, 10 February 2006
 
Work must continue during games
Tuesday, 7 February 2006
 
Rushed Blueprint
Tuesday, 6 December 2005
 
ALP Housing Policy
Thursday, 1 December 2005
 
Work Stoppages - National Day of Action 15 November 2005
Wednesday, 9 November 2005
 
VCAT Reforms Welcomed
Wednesday, 24 August 2005
 
VCEC Report
Tuesday, 12 July 2005
 
Victorian Dwelling Commencements Fall
Monday, 20 June 2005
 
Timber Floors Win 5 Star Reprieve
Friday, 13 May 2005
 
Government Social Housing on the Money
Wednesday, 13 April 2005
 
 
In the media
 
 
Building inquiry set to consider 'thuggery' claims
Clay Lucas From The Age 18 September 2012 A BAILLIEU government inquiry that will spend six months looking into claims of thuggery and intimidation in the state's building industry has no powers of investigation and will rely on unions, and employers, to volunteer information about illegal behaviour.
 
Penalty risk rises as union battle spreads to other sites
Ewin Hannan From The Australian 06 September 2012 The construction union faces the threat of increased financial penalties after defying Julia Gillard and spreading its campaign against Grocon to another two Melbourne building sites. The Fair Work Building and Construction inspectorate said yesterday it would widen its investigation into the union’s conduct after members stopped subcontractors from entering the Victorian Comprehensive Cancer Centre in Parkville, and another building site in Footscray.
 
State can ill-afford to be blockaded
In my opinion with Mark Stone Herald Sun 6 September 2012 Victorian business is justifiably nervous about the behaviour of the CFMEU at the Grocon blockade because of the significant implications that will flow from a continuing disregard for the rule of law.
 
Bring down the blockade
Herald Sun 6 September 2012 The CFMEU is not only thumbing its nose at Grocon, the police, the State Government, and the Supreme Court, but also the Victorian people. They should also move to re-establish the Australian Building and Construction Commission, which Labor disbanded.
 
Shortcuts ‘a threat to building workers’
Bridget Carter From The Australian 6 September 2012 The Construction Forestry Mining and Energy Union has signalled an increased threat to the safety of its workers in the current economic climate, with building firms under financial pressure to take shortcuts to win contracts.
 
Unions doing it for themselves
Alexander Philipatos From The Age 6 September 2012 The battle that has been raging for 14 days at the Myer construction site in Melbourne’s CBD is primarily about flexing union muscle, not workers’ rights.
 
PM cautions Grocon union
Mark Skulley From Australian Financial Review 6 September 2012 Prime Minister Julia Gillard has called on all parties in the Grocon dispute to “step back from the brink”, while also condemning the illegal union blockade of a Melbourne building site.
 
Hospital standoff sees subbies sidelined
Andrew Fraser From The Australian 6 September 2012 Up to 2000 people have been affected by a month-long strike at the site of the new $1.4 billion Children’s Hospital in Brisbane, despite the construction union being directed to resume work two weeks ago.
 
Police can end protest
Peter Rolfe, Stephen Drill and Emily Portelli From Herald Sun 6 September 2012 Police have been given the green light by the State Government to smash illegal union blockades at Grocon building sites.
 
Union’s illegal blockade sparks cries for reform
Michael Bailey From Business Review Weekly 6 September 2012 The illegal blockade by the CFMEU of Grocon’s Myer Emporium development, which continued this week despite the Victorian Supreme Court orders for it to be stopped, is a sign that union officials need to be subject to the same governance standards as directors of corporations, Middletons partner Gerard Phillips says.
 
Australia: Construction union offers to end blockade at Grocon site
Terry Cook and Mike Head From World Socialist Website 5 September 2012 Backed by the federal and state governments, building company has escalated its offensive at a major Melbourne construction site, dismissing an offer by the CFMEU to suspend its blockade of the site indefinitely.
 
PRIME MINISTER - Transcript of Interview with Jon Faine
ABC Melbourne 5 September 2012 FAINE: .... There’s an ugly industrial dispute that’s paralysing parts of the centre of the Melbourne CBD, Prime Minister. Grocon and the CFMEU are at loggerheads and each side, according to today’s press, are calling in some muscle.
 
Court fines CFMEU McDonald $200000 for contempt coercion
Workplace Express 5 September 2012 The Federal Court has ordered the CFMEU and its WA construction division branch assistant secretary, Joe McDonald, to pay penalties totalling $200,000 for contempt and coercion during a bargaining campaign against a Perth construction company.
 
CFMEU fined $200000 for industrial campaign
Construction Industry News 5 September 2012 The Construction, Mining, Forestry and Energy Union and its assistant secretary Joe McDonald have been fined penalties totalling $200,000 and must pay Fair Work Building and Construction’s court costs.
 
Gillard’s Lame Response to CFMEU Too Little Too Late
Media Release From Eric Abetz 5 September 2012 “The Prime Minister’s comments today calling for all parties in the Grocon dispute to “take a step back from the brink” show Julia Gillard’s true colours and that in Labor’s view the employer will always be as much at fault no matter what the circumstances,” Senator Abetz said today.
 
Productivity and real labour costs continuing to rise
Workplace Express 5 September 2012 ABS national accounts data released today indicates that productivity has risen for the sixth consecutive quarter, while wage earners’ share of the economy has rebounded, but due largely to a surge in redundancy payments.
 
Two more Grocon sites shut down for morning
Clay Lucas From The Work Place 5 September 2012 Statement just out from Grocon, about two more building sites in inner Melbourne that were hampered by industrial activity again this morning.
 
36-hour week, 69 paid days off mean union easy street
Stephen Drill and Peter Rolfe From Herald Sun 30 August 2012 Blockading construction workers are earning almost double the wages of typical Victorians as well as getting more than 13 weeks' paid leave.
 
Rap sheet reveals 60 charges for would-be union boss John Setka
John Ferguson and Pia Akerman From The Australian 29 August 2012 The extraordinary police record of John Setka, one of the nation's most powerful unionists, finally has been laid bare, with 60 charges leading to dozens of convictions and fines including for theft, assault by kicking, criminal damage and assaulting police.
 
CFMEU action challenged by MBA chief
Steve Douglas from AussieProperty.com 29 August 2012 Chief executive officer of Master Builders Australia (MBA) Wilhelm Harnisch has said the ongoing dispute between union CFMEU and developer Grocon highlights the need for change in industrial relations law.
 
Police, builders clash on CBD picket line
Ben Schneiders and Megan Levy From The Age 28 August 2012 A tense stand-off remains at a Grocon building site in the CBD, with police failing to break a large picket line this morning. Police would not be drawn on when or if they would try to break the picket line again and said they would ‘‘monitor’’ their ‘‘operational response’’ to the dispute. 
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Master Builders Association of Victoria
332 Albert Street East Melbourne VIC 3002
GPO Box 544 Melbourne VIC 3001
Phone: (03) 9411 4555 | Fax: (03) 9411 4591