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Terms of reference too narrow

Date: 26 July 2001

Shadow Minister for Industrial Relations Arch Bevis has called on the Government to extend the terms of reference announced by the Prime Minister John Howard for an inquiry into the construction industry.


Mr Bevis was commenting on the announcement today by the Prime Minister that the Government will establish a Royal Commission to inquire into the allegations of widespread coercion and unlawful practices in the building and construction industry.

"The terms of reference should be extended so that any evidence of intimidation and unlawful activity by any of the parties in any industry can be reported on and included in the recommendations. It is clear that the terms of reference have been deliberately tailored so that the Government can continue the obsession with the construction unions it has had since it was elected. If the government is concerned about the 'culture of intimidation' in the workplace the terms of reference must be able to deal with allegations such as those of coercion and intimidation by the Howard Government and its friends during the Patrick's waterfront dispute. It should also thoroughly investigate allegations of professional thugs being used against union members at the G&K O'Connor meatworks in Pakenham in Victoria.

"Labor rejects absolutely any type of intimidation or criminal behaviour in any workplace in any industry - no matter who commits it. All Australian workers are entitled to work without threats or intimidation whether those threats come from employers, fellow employees, unions or the Government itself.

"An incoming Labor Government therefore reserves the right to extend its terms of reference to ensure that the Commission can fully investigate and report on allegations put to it of intimidation and other instances of unlawful or inappropriate practices in the workplace in any industry by any of the parties involved - government and employers as well as employees - in the period since the present industrial system was established by the Workplace Relations Act.

"As it should, the CFMEU has already passed allegations of unlawful behaviour in the construction industry to the police in New South Wales and Western Australia. While the Labor Party urges all parties to cooperate with the Royal Commission, it is important that the Commission does not in any way compromise these police investigations.

"It is significant that the Royal Commission into the HIH Insurance collapse was announced on 21 May, but we had no terms of reference and no commissioner announced until 18 June - four weeks later. The HIH Royal Commissioner, Justice Owen, is not expected to commence full-time work on his inquiry until September, with a reporting date set at 30 June 2002.
"The Government has tried to talk up a Royal Commission for some time. The timing of today's announcment is interesting following what been a horror week for it. It was looking for a political diversion - and this seems to be it," said Mr Bevis.

For further information

Contact: David Tansey
Union: ALP Federal
Phone: (02) 6277 4518
Contact Mobile: 0416 136 164
Fax: (02) 6277 8534
Email: david.tansey@aph.gov.au
WWW: http://www.alp.org.au


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