Footnotes

CHAPTER 1 - Introduction and Background

[1]        Journals of the Senate, 2011, pp 1822–1823.

[2]        Mr Murray Wilcox QC, Transition to Fair Work Australia for the Building Construction Industry, March 2009.

[3]        Department of Education, Employment and Workplace Relations, Submission 8, p. 2.

[4]        Senate Employment, Workplace Relations and Education References Committee, Beyond Cole: The future of the construction industry: confrontation or co-operation?, June 2004.

[5]        Senate Employment, Workplace Relations and Education References Committee, Beyond Cole: The future of the construction industry: confrontation or co-operation, 21 June 2004; Building and Construction Industry Improvement Bill 2005 [Provisions] and Building and Construction Industry Improvement (Consequential and Transitional) Bill 2005, 10 May 2005; Building and Construction Industry (Restoring Workplace Rights) Bill 2008 [Provisions], 28 November 2008; Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2009 [Provisions], September 2009.

[6]        DEEWR, Submission 8, p. 1.

CHAPTER 2 - Issues

[1]        Senate Employment, Workplace Relations and Education Legislation Committee, Building Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2009 [Provisions], September 2009.

[2]        Business Council of Australia, Submission 4; Housing Industry Association, Submission 8; Master Builders Australia, Submission 13.

[3]        Mr Murray Wilcox QC, Transition to Fair Work Australia for the Building Construction Industry, March 2009, p. 46.

[4]        Econtech Pty Ltd, Economic Analysis of Building and Construction Industry Productivity 2007, for the ABCC, 2007.

[5]        Professor David Peetz, Submission 20, p. 23 (2009 Inquiry).

[6]        ACCI, Submission 11, p. 11 (2009).

[7]        Australian Bureau of Statistics, Industrial Disputes Australia, Explanatory Notes, (cat. no.  6321.0.55.001). Available at: http://abs.gov.au/AUSSTATS/abs@.nsf/Lookup/6321.0.55.001Explanatory%20Notes1Sep%202011?OpenDocument (accessed 14 February 2012).

[8]        Master Builders Australia, Submission 6; Australian Mines and Metals Association, Submission 2; Air Conditioning and Mechanical Contractors' Association of Australia,  Submission 3; Housing Industry of Australia, Submission 5; Master Plumbers' and Mechanical Services Association of Australia, Submission 9; Australian Chamber of Commerce and Industry, Submission 10; AiG and Australian Constructors Association, Submission 13 and Civil Contractors Federation, Submission 15.

[9]        Mr Wilhelm Harnisch, Chief Executive Officer, Master Builders Australia, Proof Committee Hansard, 3 February 2012, p. 1.

[10]      The 'combined construction unions' is a term used throughout this report to describe the joint submission and evidence provided by the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; the Australian Workers Union; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and the Construction, Forestry, Mining and Energy Union. See CCU, Submission 7.

[11]      Mr Dave Noonan, CFMEU, Proof Committee Hansard, 3 February 2012, p. 9.

[12]      Professor David Peetz, Submission 14; Cameron Allan, Andrew Dungan and David Peetz, 'Anomalies, Damned Anomalies and Statistics, Journal of Industrial Relations, Issue 52(1), pp 61–79, p. 76.

[13]      ACTU, Submission 19, pp 6–7. (2009).

[14]      Combined Construction Unions, Submission 18, p. 3. (2009).

[15]      Mr Richard Calver, MBA, Proof Committee Hansard, 3 February 2012, p. 6.

[16]      Mr Dave Noonan, CFMEU, Proof Committee Hansard, 3 February 2012, p. 12.

[17]      Mr Dave Noonan, CFMEU, Proof Committee Hansard, 3 February 2012, p. 9.

[18]      ACTU, Submission 16, p. 1.

[19]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, s. 3.

[20]      Australian Mines and Metals Association, Submission 12, p. 15; Housing Industry Australia, Submission 8, p.2; Master Builders Australia, Submission 13, p. 9. (2009 Inquiry).

[21]      Explanatory Memorandum, p. 5 (Item 48).

[22]      Item 49 seeks to replace Chapter 2 of the Act (which relates to the ABCC) with a new Chapter 2 that provides for the Fair Work Building Industry Inspectorate.

[23]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, s. 9.

[24]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, s. 9.

[25]      Ms Cath Bowtell, ACTU, Committee Hansard, 31 August 2009, p. 15.

[26]      Hon John Lloyd, ABCC Commissioner, Committee Hansard, 31 August 2009, p. 68.

[27]      Mr Leigh Johns, Media Release, 21 October 2010, "New ABC Commisioner Leigh Johns to focus on promoting 'fair and productive' industry". Available online: http://www.abcc.gov.au/Mediaandnewscentre/Latestnewsandmedia/Pages/NewABCCommissionerLeighJohnstofocusonpromoting‘fairandproductive’industry.aspx (accessed 21 February 2012).

[28]      MBA, Submission 13, p. 9; Australian Industry Group, Submission 10, p. 4. (2009 Inquiry).

[29]      Mr Michael Maynard, DEEWR, Committee Hansard, 31 August 2009, p. 59.

[30]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, s. 59.

[31]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, ss. 59(2).

[32]      Senate Standing Committee for the Scrutiny of Bills, First Report of 2012, 8 February 2012,   p. 3.

[33]      Senate Standing Committee for the Scrutiny of Bills, First Report of 2012, 8 February 2012,   p. 4.

[34]      Senate Standing Committee for the Scrutiny of Bills, First Report of 2012, 8 February 2012,   p. 4.

[35]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, s. 23–26H.

[36]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, s. 28G.

[37]      DEEWR, Submission 21, p. 22. (2009).

[38]      ACTU, Submission 19, pp 8–9.

[39]      Second Reading Speech, Hon. Simon Crean MP, House of Representatives Hansard, 3 November 2011, p. 12686.

[40]      ACTU, Submission 19, pp 8–9. (2009).

[41]      Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction, March 2009, p. 17. The Workplace Relations Act 1996 has since been superseded by the Fair Work Act 2009.

[42]      Building and Construction Industry Improvement Act 2005, s. 37–38.

[43]      Fair Work Act 2009, s. 418–420.

[44]      MBA, Submission 13, p. 4 (2009); MBA, Submission 8, pp. 20–24.

[45]      Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry, March 2009, p. 20.

[46]      Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry, March 2009, p. 20. At the time of writing his report, the Fair Work Act had not yet been passed.

[47]      Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry, March 2009, p. 21.

[48]      Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry, March 2009, p. 26.

[49]      ACTU, Submission 19, p. 10 (2009).

[50]      DEEWR, Submission 21, p. 9. (2009); DEEWR, Submission 8, p. 10.

[51]      Australian Industry Group and Australian Constructors Association, Submission 13, pp 2–3;  MBA, Submission 8, p. 5, 9–10.  Mr Richard Calver, MBA, Proof Committee Hansard, 3 February 2012, p. 1.

[52]      Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry, March 2009, p. 26.

[53]      Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry, March 2009, pp 26–27.

[54]      ACTU, Submission 19, pp 3, 11 (2009); CCU, Submission 7, pp 1–2.

[55]      DEEWR, Submission 21, pp 9–10 (2009); DEEWR, Submission 8, p. 10; Mr Jeff Willing, DEEWR, Proof Committee Hansard, 3 February 2012, p. 22.

[56]      DEEWR, Submission 8, p. 10. See for example, Melbourne Markets Dispute [2011] FCA 556 (unreported, Tracy J, 2 June 2011).

[57]      BCII Act 2005, s. 52.

[58]      Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry, March 2009, p. 3.

[59]      DEEWR, Submission 8, p. 16.

[60]      See for example: ACTU, Submission 19, pp 3, 11 (2009); CCU, Submission 18, p. 6 (2009).

[61]      Mr Dave Noonan, CFMEU, Proof Committee Hansard, 3 February 2012, p. 8.

[62]      Ms Nicola McGarrity and Professor George Williams, Submission 12, p. 2. See also Professor George Williams and Nicola McGarrity, ‘The Investigatory Powers of the Australian Building and Construction Commission’ (2008) 21 Australian Journal of Labour Law, 244.

[63]      Mr Jeff Willing, DEEWR, Proof Committee Hansard, 3 February 2012, p. 16.

[64]      Mr Wilhelm Harnish, MBA, Proof Committee Hansard, 3 February 2012, p. 1.

[65]      Mr Jeff Willing, DEEWR, Proof Committee Hansard, 3 February 2012, p. 16.

[66]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, s. 47.

[67]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, ss 51(3) and ss 52(2).

[68]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, s. 58.

[69]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, s. 54A.

[70]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, s. 46.

[71]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, ss 47(1).

[72]      The Hon Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry, p. 67.

[73]      Ms Nicola McGarrity and Professor George Williams, Submission 12, pp 1– 2. See also Professor George Williams and Nicola McGarrity, ‘The Investigatory Powers of the Australian Building and Construction Commission’ (2008) 21 Australian Journal of Labour Law, 244.

[74]      ACTU Submission 19, p. 13 (2009).

[75]      ACTU Submission 19, p. 16 (2009).

[76]      CCU, Submission 18, p. 9 (2009).

[77]      Letter from the Minister for Employment and Workplace Relations to the Committee Chair, 16 July 2009, p. 3.

[78]      DEEWR, Submission 8, p. 14.

[79]      Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry, March 2009, pp 68–69.

[80]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, ss 45(6).

[81]      Explanatory Memorandum, p. 20.

[82]      CCF, Submission 14, p. 20 (2009); CCF, Submission 15, p. 20; Australian Industry Group, Submission 13, p. 26.

[83]      Australian Industry Group, Submission 13, p. 26.

[84]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, s. 58.

[85]      Item 71, Explanatory Memorandum, p. 25.

[86]      Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry, March 2009, p. 75.

[87]      DEEWR, Submission 21, p. 15 (2009); DEEWR, Submission 8, p. 18.

[88]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, s. 54A.

[89]      Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry, March 2009, p. 74.

[90]      Commonwealth Ombudsman, Submission 5, p. 1 (2009).

[91]      Major Crime (Investigative Powers) Act 2004 (VIC), s. 51; Police Integrity Act 2008 (VIC), s. 114.

[92]      Commonwealth Ombudsman, Submission 5, pp 2–3 (2009).

[93]      Commonwealth Ombudsman, Submission 5, pp 2–3 (2009), Commonwealth Ombudsman, Submission 1, pp 3–4.

[94]      Commonwealth Ombudsman, Submission 1, p. 4.

[95]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, s. 36B.

[96]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, s. 39.

[97]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, ss 39(1) and s. 43. See also Explanatory Memorandum, Item 104, p. 17.

[98]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011, s. 38.

[99]      Letter from the Minister for Employment and Workplace Relations to the Committee Chair, 16 July 2009, p. 2.

[100]    Law Institute of Victoria, Submission 17, p. 3 (2009).

[101]    For example, MBA, Submission 6, pp 21–22.

[102]    Mr Richard Calver, MBA, Proof Committee Hansard, 3 February 2012, p. 3.

[103]    Mr Jeff Willing, Proof Committee Hansard, 31 August 2009, p. 60.

[104]    Education, Employment and Workplace Relations Legislation Committee, Building and Construction Industry (Restoring Workplace Rights) Bill 2008, November 2008.

COALITION SENATORS DISSENTING REPORT

[1]        The Hon. Anthony Albanese MP, House of Representatives Hansard, 16 February 2012.

[2]        Answer number EW0503_12, Senate Supplementary Budget Estimates, Senate Education, Employment and Workplace Relations Legislation Committee.

[3]        ABCC 'anti-union' Cameron (2012) Sky News, www.skynews.com.au/politics/article.aspx?id=716168&vId, accessed 29 February, 2012.

[4]        Nguyen, K (2007), Ex-judge hits out at 'elected dictatorship, The Age, www.theage.com.au/news/national/exjudge-hits-out-at-elected-dictatorship/2007/05/15/1178995158740.html. Accessed 29 February, 2012.

[5]        Wilcox, J, Transition to Fair Work Australia for the Building and Construction Industry Final Report, p.14 (2009).

[6]        Master Builders Association, Submission 6, Attachment A.

[7]        Master Builders Association, Submission 6; AMMA, Submission 2.

[8]        AMMA, Submission 2.

[9]        Australian Industry Group, Submission 13.

[10]      Australian Industry Group, Submission 13.

[11]      Victorian Government, Submission 17.

[12]      West Australian Government, Submission 18.

[13]      Proof Committee Hansard, Melbourne, 3 February 2012, p. 20.

[14]      Government Baulked on removing ABCC coercive powers, Adam Bandt MP, Media Release, 16 February 2012.

[15]      The Hon. Julia Gillard MP, ABC News Radio, 2 August 2007.

[16]      House of Representatives Hansard, 17 June 2009.

[17]      House of Representatives Hansard, 13 August 2009.