UN body slams ABCC

Date: 11 March 2010

The International Labour Organisation (ILO) has found the Rudd Government's construction industry laws breach international labour standards by targeting workers, and their right to belong to unions, for prosecution in an unfair way.

In a report handed down this month, the ILO made a new ruling strongly criticising the role of Government Inspectors in the ABCC for abandoning their traditional role - which is, protecting workers and enforcing their legal entitlements.

The ILO is the United Nations international body responsible for protecting basic work rights and is made up of representatives from governments, employers and workers.

In its most recent report the ILO Committee of Experts found:

• the prosecution of workers should not be the primary duty of ABCC inspectors; that should be the protection of workers

• the ABCC is biased in chasing workers not employers

• the policy of prosecuting workers was made worse by the fact that the laws under which the cases were brought have themselves been repeatedly found to be in breach of fundamental labour standards

• prosecution of workers by ABCC inspectors prejudices the authority and impartiality needed between inspectors, employers and workers.

"The ILO has directly criticised the work of the ABCC and exposed its practice of prosecuting workers as a breach of international labour standards. These laws and the ABCC put the interests of big developers ahead of the rights of ordinary workers.

"New construction legislation due to be debated by the Senate will not meet ILO standards, leaving the Rudd Government internationally humiliated and embarrassed by its record on workers' rights," said Dave Noonan.

The ABCC annual report for 2006 - 2007 showed:

• 73 per cent of investigations were of trade unions

• 11 per cent of investigations were of employers

• Not a single employer has been prosecuted by the ABCC for failure to pay minimum lawful entitlements

• Only 4 employers were referred to statutory agencies for breaches

• The overwhelming majority of individuals called to secret interrogations were workers as opposed to management representatives.

The building and construction laws have now been criticised seven times by the International Labour Organisation (ILO) for undermining workers' rights to participate in collective action and to be represented by their union.

"Every construction worker out there knows that ABCC investigators continue to harass and intimidate workers on construction sites," said Mr Noonan.

"You cannot be selective about respecting international laws. The Prime Minster puts himself forward as someone who believes in international law, as well as someone who stands up for workers' rights. Getting rid of these unfair laws would show he is sincere on both counts," said Mr Noonan.

For further information

Contact:	Dave Noonan, National Secretary
Union:	CFMEU Construction and General Division
WWW:	http://cfmeu.asn.au/

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