Footnotes

CHAPTER 1 - Introduction

[1]        Journals of the Senate No. 89, 25 March 2015, pp 2400–2401.

[2]        Journals of the Senate No. 90, 26 March 2015, p. 2458.

[3]        The Hon. Simon Crean, Minister for Regional Australia, Development and Local Government and Minister for the Arts, House of Representatives Hansard, 3 November 2011, p. 12686.

[4]        Senator the Hon. Eric Abetz, Minister for Employment, Construction Industry Amendment (Protecting Witnesses) Bill 2015, Second reading speech, Senate Hansard, 25 March 2015, p. 68.

[5]        Journals of the Senate No. 3, 14 November 2013, p. 124.

[6]        Senate Education and Employment Legislation Committee, Building and Construction Industry (Improving Productivity) Bill 2013, Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013, December 2013.

[7]        Construction Industry Amendment (Protecting Witnesses) Bill 2015, Item 1.

[8]        Construction Industry Amendment (Protecting Witnesses) Bill 2015, Item 2.

[9]        Construction Industry Amendment (Protecting Witnesses) Bill 2015 second reading speech, Senate Hansard, 25 March 2015, p. 68.

[10]      Construction Industry Amendment (Protecting Witnesses) Bill 2015, Explanatory Memorandum, p. iii.

[11]      Construction Industry Amendment (Protecting Witnesses) Bill 2015, Explanatory Memorandum, p. viii.

[12]      Construction Industry Amendment (Protecting Witnesses) Bill 2015, Explanatory Memorandum, p. ii.

CHAPTER 2

[1]        The Fair Work Building Industry Inspectorate is sometimes abbreviated to the FWBII (for example, in the submission by the Combined Construction Unions), but the acronym FWBC is used in this report.

[2]        For example, The Australian Mines and Metals Association, Submission 1, pp 2–3; Master Builders Australia, Submission 3, pp 2–4; The Australian Industry Group, Submission 6, pp 5–6; The Australian Chamber of Commerce and Industry, Submission 7, pp 1–2.

[3]        Senate Education and Employment Legislation Committee, Building and Construction Industry (Improving Productivity) Bill 2013, Building and Construction Industry (Consequential and Transitional Provisions) Bill 2013, December 2013.

[4]        For example, The Australian Mines and Metals Association, Submission 1, p. 1; Master Builders Australia, Submission 3, pp 2–4; The Australian Industry Group, Submission 6, pp 5–6; The Australian Chamber of Commerce and Industry, Submission 7, pp 1–2.

[5]        For example, Australian Municipal, Administrative, Clerical and Services Union, Submission 2; UnionsWA, Submission 4, p. 1; Combined Construction Unions, Submission 5 p. 1.

[6]        The Australian Mines and Metals Association, Submission 1, p. 2; Master Builders Australia, Submission 3, pp 6–8; The Australian Industry Group, Submission 6, pp 3–6; The Australian Chamber of Commerce and Industry, Submission 7, pp 1–18.

[7]        Master Builders Australia, Submission 3, p. 3.

[8]        The Australian Industry Group, Submission 6, p. 3.

[9]        The Australian Industry Group, Submission 6, p. 3; Master Builders Australia, Submission 3, p. 3; Australian Chamber of Commerce and Industry, Submission 7, pp 5–11.

[10]      Australian Chamber of Commerce and Industry, Submission 7, p. 5. See also John Dyson Heydon AC QC, Commissioner, Royal Commission into Trade Union Governance and Corruption, Interim Report, p. 1008.

[11]      Australian Chamber of Commerce and Industry, Submission 7, p. 5. See also John Dyson Heydon AC QC, Commissioner, Royal Commission into Trade Union Governance and Corruption, Interim Report, p. 1008.

[12]      Australian Municipal, Administrative, Clerical and Services Union, Submission 2, p. 2.

[13]      Australian Chamber of Commerce and Industry, Submission 7, p. 6. See also John Dyson Heydon AC QC, Commissioner, Royal Commission into Trade Union Governance and Corruption, Interim Report, p. 1016.

[14]      Australian Competition and Consumer Commission, ACCC takes court action against the CFMEU alleging secondary boycott and undue harassment or coercion, Media release, 20 November 2014, https://www.accc.gov.au/media-release/accc-takes-court-action-against-the-cfmeu-alleging-secondary-boycott-and-undue-harassment-or-coercion (accessed 22 April 2015).

[15]      Australian Chamber of Commerce and Industry, Submission 7, p. 9. See also John Dyson Heydon AC QC, Commissioner, Royal Commission into Trade Union Governance and Corruption, Interim Report, p. 1400.

[16]      Australian Chamber of Commerce and Industry, Submission 7, p. 9. See also John Dyson Heydon AC QC, Commissioner, Royal Commission into Trade Union Governance and Corruption, Interim Report, p. 1413.

[17]      Further information on the Building Employees Redundancy Trust is available at http://www.bert.com.au/About/About (accessed 28 April 2015).

[18]      The Australian Chamber of Commerce and Industry, Submission 7, p. 9. See also John Dyson Heydon AC QC, Commissioner, Royal Commission into Trade Union Governance and Corruption, Interim Report, pp 1434–1435.

[19]      The Australian Chamber of Commerce and Industry, Submission 7, p. 10. See also John Dyson Heydon AC QC, Commissioner, Royal Commission into Trade Union Governance and Corruption, Interim Report, p. 1559.

[20]      The Australian Chamber of Commerce and Industry, Submission 7, p. 10. See also John Dyson Heydon AC QC, Commissioner, Royal Commission into Trade Union Governance and Corruption, Interim Report, p. 1560.

[21]      The Australian Chamber of Commerce and Industry, Submission 7, pp 1–2.

[22]      The Australian Mines and Metals Association, Submission 1, pp 2–3; Master Builders Australia, Submission 3, pp 2–4; The Australian Industry Group, Submission 6, pp 5–6; The Australian Chamber of Commerce and Industry, Submission 7, p. 1.

[23]      The Australian Mines and Metals Association, Submission 1, pp 2–3.

[24]      The Australian Industry Group, Submission 6, p. 5.

[25]      The submission by the Combined Construction Unions was made on behalf of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU); the Australian Workers Union (AWU); the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); and the Construction Forestry, Mining and Energy Union (CFMEU).

[26]      Combined Construction Unions, Submission 5, p. 2.

[27]      Australian Municipal, Administrative, Clerical and Services Union, Submission 2, p. 2; UnionsWA, Submission 4, p. 1; Combined Construction Unions, Submission 5, p. 2.

[28]      The Australian Mines and Metals Association, Submission 1, p. 2; Master Builders Australia, Submission 3, pp 6–8; The Australian Industry Group, Submission 6, pp 3–5; The Australian Chamber of Commerce and Industry, Submission 7, pp 1–18.

[29]      Combined Construction Unions, Submission 5, p. 2.

[30]      Combined Construction Unions, Submission 5, pp 2–3.

[31]      UnionsWA, Submission 4, p. 2; see also Combined Construction Unions, Submission 5, p. 2.

[32]      Combined Construction Unions, Submission 5, p. 3.

[33]      Combined Construction Unions, Submission 5, p. 4.

[34]      Australian Chamber of Commerce and Industry, Submission 7, p. 4.

[35]      The Australian Industry Group, Submission 6, p. 6.

[36]      Master Builders Australia, Submission 3, p. 3.

[37]      Australian Chamber of Commerce and Industry, Submission 7, p. 5.

[38]      The Australian Mines and Metals Association, Submission 1, p. 2; see Productivity Commission, Public Infrastructure, May 2014, p. 33 and recommendations 13.1 and 13.2.

[39]      Australian Municipal, Administrative, Clerical and Services Union, Submission 2, p. 2; Combined Construction Unions, Submission 5, p. 4–6.

[40]      Combined Construction Unions, Submission 5, p. 4–6.

[41]      Combined Construction Unions, Submission 5, p. 4.

[42]      International Labour Organization, Convention 81, Part 1—Labour Inspection in Industry, Article 3(1)(a).

[43]      Combined Construction Unions, Submission 5, p. 4–6.

[44]      Master Builders Australia, Submission 3, pp 5–6; The Australian Industry Group, Submission 6, p. 4; Australian Chamber of Commerce and Industry, Submission 7, p. 16.

[45]      Master Builders Australia, Submission 3, pp 5–6.

[46]      The Australian Industry Group, Submission 6, pp 4–5.

[47]      Master Builders Australia, Submission 3, pp 8–9.

[48]      The Hon. Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry, Report, Commonwealth of Australia, 31 March 2009, Recommendation 3.

[49]      Building and Construction Industry Improvement Amendment (Transition to Fair Work) Act 2012, section 46.

[50]      The Australian Chamber of Commerce and Industry, Submission 7, p. 18.

[51]      Combined Construction Unions, Submission 5, p. 5.

[52]      Combined Construction Unions, Submission 5, p. 6.

[53]      Australian Municipal, Administrative, Clerical and Services Union, Submission 2, p. 2; Combined Construction Unions, Submission 5, pp 1–6.

[54]      Combined Construction Unions, Submission 5, p. 2.

[55]      Australian Municipal, Administrative, Clerical and Services Union, Submission 2, p. 2.

[56]      Combined Construction Unions, Submission 5, p. 1.

[57]      Australian Government Department of Employment, Submission 8, p. 4.

[58]      The Hon. Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry, Report, Commonwealth of Australia, 31 March 2009, p. 3 in Australian Government Department of Employment, Submission 8, p. 4.

[59]      The Hon. Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry, Report, Commonwealth of Australia, 31 March 2009, paragraphs
5.109–5.110 in Australian Government Department of Employment, Submission 8, p. 5.

[60]      Australian Government Department of Employment, Submission 8, p. 5.

[61]      Australian Government Department of Employment, Submission 8, p. 5.

[62]      The Australian Industry Group, Submission 6, p. 5; see also Master Builders Australia, Submission 3, p. 8.

[63]      Nigel Hadgkiss in Joe Kelly, Power needed to curb CFMEU, The Australian, 20 March 2015, p. 1.

[64]      Combined Construction Unions, Submission 5, p. 3.

[65]      Combined Construction Unions, Submission 5, p. 3.

LABOR SENATORS' DISSENTING REPORT - Key Issues

[1] see s. 59C of the Fair Work (Building Industry) (FWBI)Act 2012

[2] Fair Work Building Industry Inspectorate (FWBII) Annual Report 2013-14

AUSTRALIAN GREENS' DISSENT REPORT

[1]        Combined Construction Unions, Submission 5, p.7.