Mr ADAMSON - 1996-02-27
Recently, both on the radio and in the print media, allegations have been made by the Construction, Forestry, Mining and Energy Union that toilet amenities are not being provided on construction sites. Is this matter being examined by the Work Health Authority?
ANSWER
Mr Speaker, I thank the member for his question. It gives me an opportunity to put to rest some of the allegations that have been made lately and kept on the boil, more or less, by the CFMEU in relation to workplace amenities and various other issues. The issue that has received most attention in local newspapers was raised by a resident of Palmerston - the lack of toilet amenities at a building site in Palmerston. That allegation was promptly responded to by the Work Health Authority and the matter was promptly resolved.
Under Work Health occupational health and safety regulations, the employer is required to provide sanitary amenities where the health and safety of a worker is at risk if such facilities
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are not provided. The Work Health Authority in the Northern Territory sees itself as a mediator rather than a punitive organisation although punitive powers exist. It does not attempt to operate in a prescriptive way, but works with the employer to examine options that can be provided for workers at a particular site. On small sites - individual houses - there are a number of options. Consideration is given to the fact that subcontractors may work on a particular site for no more than a couple of hours a day. While the Work Health Authority does not operate in a punitive way, it is not a toothless tiger. Recently, one developer in Darwin was taken to court and a hefty fine of $14 000 was imposed on him for a breach of work safety regulations.
The worrying aspect of all this is that this union, the CFMEU - it is really the Builders Labourers Federation by another name, and is referred to in Western Australian newspapers as the BLF - is seeking issues such as these to draw attention to its presence in the Northern Territory. I would be very interested to know how members opposite regard the CFMEU and how strong the support of the ALP is for the CFMEU in the Northern Territory. This union has raised issues of workers' compensation, trying to run an argument that workers' compensation is poor in terms of definition and legislation. All I can say to that is that, in the 4 years that our legislation has been in operation, of the 13 000 claims that have been processed, only 4 have been to litigation over the definition of PAYE workers and their entitlement to workers' compensation.
This union is also trying to raise occupational health and safety issues in workplaces at every opportunity. Let us be very clear what we are dealing with here. As I said, it is the BLF by another name. Let members opposite tell us how well they support these guys. Four characters from this union came to the Northern Territory last November from other parts of Australia with the clear aim of targeting our construction industry - a deregulated construction industry in which unionism is voluntary and participants are predominantly individual subcontractors who do not wish to be involved in a union. One of the characters was Mr Jim Fox. The person who appears in the media now and again is named Stan Hambesis, known colloquially in the industry as `Steroid Stan'. In a recent article in the West Australian Construction Worker, talking about the union coming to Darwin, Jim Fox wrote: `Although the Territory award is very limited, we believe we can set minimums through EBAs with subcontractors, and thus deliver wage increases'. I will tell members what minimums are to the BLF - no ticket, no work. The way they do this is by staging wildcat strikes. They force workers into EBAs on union terms and they do it by extortion. The BLF have been doing it for years.
Members interjecting.
Mr SPEAKER: Order! The minister will resume his seat. There is far too much interjection at present. I want to be able to hear the answer, as I am sure other honourable member and people listening to the radio do. There was a comment previously about interjections from both sides. I wish you all to abide by the rules. Keep it to a minimum.
Mr Bell: He is attacking labour movement supporters in extravagant terms.
Mr COULTER: A point of order, Mr Speaker! You have just made a ruling and the member for MacDonnell is totally ignoring it.
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Mr SPEAKER: I ask the member for MacDonnell to please keep his interjections to a minimum and to abide by my ruling.
Mr BELL: Mr Speaker, you complain about people interjecting. What about the provocation?
Mr SPEAKER: Order! I ask the member to resume his seat.
Mr BURKE: Mr Speaker, I am not attacking the union movement. I am attacking these 4 characters, in particular Mr Jim Fox.
Mr Bailey: What have they done? Have you reported them to the police for extortion? It is a criminal activity.
Mr SPEAKER: Order!
Mr BURKE: Mr Speaker, I would appreciate the opportunity to have my comments heard. I quote from an article in the Sunday Times in Western Australia: `Builders labourers union official, Jim Fox, was charged with extortion earlier this month ...
Mr Bailey interjecting.
Mr SPEAKER: Order!
Mr BURKE: These are the people whom the member for Wanguri is supporting. `The charge followed investigations by the building industry task force'. This task force has laid 160 charges against this mob in Western Australia. `Investigations by the building industry task force have claimed that Mr Fox delayed a concrete pour at a South Fremantle building site late last year, forcing Pindan Constructions to pay an employee's outstanding union fees of $272'. In another article on the same subject, Mr Persik, the worker involved ...
Mr Bailey: What is the date of the article?
Mr BURKE: 9 February 1996. Charges are still pending. The article states:
Mr Persik told the court that he had been pouring concrete at a building site a month earlier when Mr Fox
asked if he had a union ticket. He said he did not, and agreed to pay the money, but he changed his mind
when he was told he did not have to belong to the union. Mr Persik said that, when he told Mr Fox during
the September inspection that he still did not have a union ticket, Mr Fox threatened to stop the concrete
pour. Mr Persik said he had fallen behind in his union payments because of personal problems.
This is the way the BLF operates. Its representatives come on to a site and check with the guys whether or not they are members of the union. They will do it at a time when a concrete pour is under way and all the trucks are lined up ready to go. They will go straight up to the employer and say: `Pay up or your concrete goes hard in the trucks'. That is the
Page 1220
way the BLF operates. That is the CFMEU that is now in the Territory, and these are the characters in the union movement that the opposition has admitted in this Assembly that it supports.
In his article, Mr Fox stated: `The future for the Darwin branch of the CFMEU looks great'. I have headlines for Mr Fox. It does not look good for this union in the Northern Territory while I remain the Minister for Work Health. The Work Health Authority has responsibility for workplace safety. In no circumstances will this union organise itself to gain control of workplace safety on building sites in the Northern Territory. This government will do everything to support the excellent arrangements that we have in place already.
Page 1221
ANSWER
Mr Speaker, I thank the member for his question. It gives me an opportunity to put to rest some of the allegations that have been made lately and kept on the boil, more or less, by the CFMEU in relation to workplace amenities and various other issues. The issue that has received most attention in local newspapers was raised by a resident of Palmerston - the lack of toilet amenities at a building site in Palmerston. That allegation was promptly responded to by the Work Health Authority and the matter was promptly resolved.
Under Work Health occupational health and safety regulations, the employer is required to provide sanitary amenities where the health and safety of a worker is at risk if such facilities
Page 1218
are not provided. The Work Health Authority in the Northern Territory sees itself as a mediator rather than a punitive organisation although punitive powers exist. It does not attempt to operate in a prescriptive way, but works with the employer to examine options that can be provided for workers at a particular site. On small sites - individual houses - there are a number of options. Consideration is given to the fact that subcontractors may work on a particular site for no more than a couple of hours a day. While the Work Health Authority does not operate in a punitive way, it is not a toothless tiger. Recently, one developer in Darwin was taken to court and a hefty fine of $14 000 was imposed on him for a breach of work safety regulations.
The worrying aspect of all this is that this union, the CFMEU - it is really the Builders Labourers Federation by another name, and is referred to in Western Australian newspapers as the BLF - is seeking issues such as these to draw attention to its presence in the Northern Territory. I would be very interested to know how members opposite regard the CFMEU and how strong the support of the ALP is for the CFMEU in the Northern Territory. This union has raised issues of workers' compensation, trying to run an argument that workers' compensation is poor in terms of definition and legislation. All I can say to that is that, in the 4 years that our legislation has been in operation, of the 13 000 claims that have been processed, only 4 have been to litigation over the definition of PAYE workers and their entitlement to workers' compensation.
This union is also trying to raise occupational health and safety issues in workplaces at every opportunity. Let us be very clear what we are dealing with here. As I said, it is the BLF by another name. Let members opposite tell us how well they support these guys. Four characters from this union came to the Northern Territory last November from other parts of Australia with the clear aim of targeting our construction industry - a deregulated construction industry in which unionism is voluntary and participants are predominantly individual subcontractors who do not wish to be involved in a union. One of the characters was Mr Jim Fox. The person who appears in the media now and again is named Stan Hambesis, known colloquially in the industry as `Steroid Stan'. In a recent article in the West Australian Construction Worker, talking about the union coming to Darwin, Jim Fox wrote: `Although the Territory award is very limited, we believe we can set minimums through EBAs with subcontractors, and thus deliver wage increases'. I will tell members what minimums are to the BLF - no ticket, no work. The way they do this is by staging wildcat strikes. They force workers into EBAs on union terms and they do it by extortion. The BLF have been doing it for years.
Members interjecting.
Mr SPEAKER: Order! The minister will resume his seat. There is far too much interjection at present. I want to be able to hear the answer, as I am sure other honourable member and people listening to the radio do. There was a comment previously about interjections from both sides. I wish you all to abide by the rules. Keep it to a minimum.
Mr Bell: He is attacking labour movement supporters in extravagant terms.
Mr COULTER: A point of order, Mr Speaker! You have just made a ruling and the member for MacDonnell is totally ignoring it.
Page 1219
Mr SPEAKER: I ask the member for MacDonnell to please keep his interjections to a minimum and to abide by my ruling.
Mr BELL: Mr Speaker, you complain about people interjecting. What about the provocation?
Mr SPEAKER: Order! I ask the member to resume his seat.
Mr BURKE: Mr Speaker, I am not attacking the union movement. I am attacking these 4 characters, in particular Mr Jim Fox.
Mr Bailey: What have they done? Have you reported them to the police for extortion? It is a criminal activity.
Mr SPEAKER: Order!
Mr BURKE: Mr Speaker, I would appreciate the opportunity to have my comments heard. I quote from an article in the Sunday Times in Western Australia: `Builders labourers union official, Jim Fox, was charged with extortion earlier this month ...
Mr Bailey interjecting.
Mr SPEAKER: Order!
Mr BURKE: These are the people whom the member for Wanguri is supporting. `The charge followed investigations by the building industry task force'. This task force has laid 160 charges against this mob in Western Australia. `Investigations by the building industry task force have claimed that Mr Fox delayed a concrete pour at a South Fremantle building site late last year, forcing Pindan Constructions to pay an employee's outstanding union fees of $272'. In another article on the same subject, Mr Persik, the worker involved ...
Mr Bailey: What is the date of the article?
Mr BURKE: 9 February 1996. Charges are still pending. The article states:
Mr Persik told the court that he had been pouring concrete at a building site a month earlier when Mr Fox
asked if he had a union ticket. He said he did not, and agreed to pay the money, but he changed his mind
when he was told he did not have to belong to the union. Mr Persik said that, when he told Mr Fox during
the September inspection that he still did not have a union ticket, Mr Fox threatened to stop the concrete
pour. Mr Persik said he had fallen behind in his union payments because of personal problems.
This is the way the BLF operates. Its representatives come on to a site and check with the guys whether or not they are members of the union. They will do it at a time when a concrete pour is under way and all the trucks are lined up ready to go. They will go straight up to the employer and say: `Pay up or your concrete goes hard in the trucks'. That is the
Page 1220
way the BLF operates. That is the CFMEU that is now in the Territory, and these are the characters in the union movement that the opposition has admitted in this Assembly that it supports.
In his article, Mr Fox stated: `The future for the Darwin branch of the CFMEU looks great'. I have headlines for Mr Fox. It does not look good for this union in the Northern Territory while I remain the Minister for Work Health. The Work Health Authority has responsibility for workplace safety. In no circumstances will this union organise itself to gain control of workplace safety on building sites in the Northern Territory. This government will do everything to support the excellent arrangements that we have in place already.
Page 1221
Last updated: 09 Aug 2016