State government set to appoint its own construction industry watchdog.
THE Baillieu government is set to appoint its own construction industry watchdog in a bid to rein in the power of building unions in Victoria and to counter the Gillard government's decision to abolish the federal building watchdog.
The state's move comes amid a looming threat of industrial chaos on Victorian building sites in response to construction giant Grocon offering its workers a non-union agreement - its first such move in a decade.
The new role of Victorian building watchdog has been offered to Nigel Hadgkiss, the man appointed by the Howard government 10 years ago to establish the soon-to-be-disbanded Australian Building and Construction Commission.
A government source confirmed to The Age that Mr Hadgkiss had been approached by the Baillieu government to act as its construction watchdog, with special powers.
Mr Hadgkiss is likely to be responsible for enforcing a new Victorian building code - modelled on one introduced by the Howard government - that will require bidders on state projects to ban ''unlawful or undesirable'' workplace practices and respect freedom of association.
Mr Hadgkiss, who declined to comment when contacted by The Age, was appointed to head the Howard government's building taskforce in 2002.
The taskforce was the predecessor to the ABCC and was set up as a result of recommendations made by the Cole royal commission into lawlessness in the building industry.
Mr Hadgkiss was later appointed deputy director of the ABCC, a role he left in 2008. At the time of his resignation, he said: "I applaud the government's commitment to maintaining a 'Strong Cop on the Beat' for the building and construction industry."
Earlier this year, the Gillard government moved to abolish the ABCC, a move applauded by the union movement but slammed by conservative state governments.
The move for a Victorian watchdog comes as Australia's biggest privately owned construction company, Grocon, risks industrial chaos on its Victorian sites by offering its workers a non-union agreement.
Last Thursday, powerful Labor Party-affiliated construction union the CFMEU applied to Fair Work Australia for approval to hold a ballot to begin industrial action against Grocon.
Less than 24 hours later, Grocon launched its move to push
through a non-union-endorsed enterprise bargaining agreement by writing to workers and asking them to vote in a secret ballot about whether they wanted to accept the deal.
The decision by Grocon to hold a vote on a non-union agreement looms as the next industrial relations headache for the Baillieu government, which has endured gruelling negotiations with the police and nurses unions. It is understood state and federal ministers have been briefed on Grocon's decision.
The provocative move by the company comes after the breakdown of lengthy negotiations between Grocon and the CFMEU about reaching an agreement on a union-endorsed EBA.
It is understood Grocon senior executives decided to abandon negotiations with the union after it refused to drop demands that Grocon allow members to fly union flags on Grocon sites, employ its stewards and allow union officials unfettered access to building sites.
Existing laws require union officials to give 24 hours' written notice before entering a site.
Grocon's workers will have until the end of this month to vote on the non-union-endorsed deal, which offers them a 24.5 per cent pay rise, including increases in overtime, superannuation and other benefits. The CFMEU declined to comment when contacted by The Age.
A source close to Grocon said the company's move was about ensuring its operations were not dictated by unions. ''This is not about wage increases or reaching a fair agreement because Grocon is offering both. It is about Grocon refusing the union demands about how it runs its business.''
Frequently Asked Questions about this Article…
What is the Baillieu government proposing for Victoria's construction industry?
The Baillieu government is set to appoint its own construction industry watchdog in Victoria. The move aims to rein in the power of building unions in the state and to counter the federal government's decision earlier in the year to abolish the Australian Building and Construction Commission (ABCC).
Who is Nigel Hadgkiss and why has he been linked to the new Victorian construction watchdog?
Nigel Hadgkiss was offered the new watchdog role. He was appointed by the Howard government in 2002 to establish the building taskforce that preceded the ABCC, later served as deputy director of the ABCC and resigned in 2008. A government source confirmed he had been approached to act as Victoria's construction watchdog with special powers.
What would the proposed Victorian building code require of companies bidding on state projects?
The proposed Victorian building code, modelled on one introduced by the Howard government, would require bidders on state projects to ban 'unlawful or undesirable' workplace practices and to respect freedom of association. The new watchdog is expected to enforce those requirements.
How does the state watchdog relate to the federal decision to abolish the ABCC?
Earlier this year the Gillard government moved to abolish the ABCC, a move welcomed by unions and criticised by conservative state governments. Victoria's plan to create its own watchdog is a state-level response intended to maintain enforcement powers in the construction sector despite the ABCC abolition at the federal level.
What happened with Grocon's non-union agreement and what does it offer workers?
Grocon, one of Australia's largest privately owned construction companies, offered its workers a non-union enterprise bargaining agreement and asked them to vote in a secret ballot. The deal offers workers a 24.5 percent pay rise, including increases in overtime, superannuation and other benefits. Workers had until the end of the month to vote on the offer.
Why did Grocon's move to a non-union agreement risk industrial action from the CFMEU?
The CFMEU applied to Fair Work Australia for approval to hold a ballot to begin industrial action against Grocon after lengthy negotiations broke down. The union had demanded rights such as flying union flags on sites, employing stewards and unfettered site access for officials; Grocon refused those demands and decided to pursue a non-union agreement instead, raising the prospect of industrial disruption.
How could a Victorian construction watchdog affect companies operating on building sites?
A Victorian watchdog enforcing the building code would likely require companies bidding for state projects to change workplace practices to avoid 'unlawful or undesirable' conduct and to demonstrate respect for freedom of association. That could influence how firms manage union relations, tender for government work and structure site access rules.
What developments should everyday investors monitor in the construction sector based on this story?
Investors should watch for regulatory changes such as the creation of a state construction watchdog and a new Victorian building code, high-profile industrial disputes like the Grocon–CFMEU standoff, and outcomes of union ballots or Fair Work Australia proceedings. These factors can affect project timetables, costs and the operating environment for construction companies mentioned in the article.