As members may be aware, the CFMEU is promoting a union rally commencing at 10.30am on Tuesday 23 October at Victorian Trades Hall. The rally is part of the ACTU’s ‘change the rules’ propaganda campaign, which seeks force the federal Labor Party to commit to workplace legislation that is in favour of trade unions – at the expense of both workers and employers – should Labor win the next federal election.

It is unclear as to whether construction labourers earning $160K+ per annum will see the irony in demanding that they receive a fair day’s pay for a fair day’s work, as they march alongside childcare workers being paid less than a quarter of their salaries.

Master Builders advises that there is no requirement for employers to allow their employees to attend.

Employees who withdrew their labour to attend the rally without advanced written authorization from their employer cannot be paid wages:

• for a minimum of four hours if they withdraw their labour for up to four hours; or
• if withdrawn for greater than four hours, the amount of time that labour is withdrawn.

Accordingly, members are advised to keep records of any employee absences as the payment of employees who attend the rally without consent from the employer can lead to fines for employers of up to $210,000.

Role of the ABCC

The industry regulator, the Australian Building and Construction Commission (ABCC), has the ability to prosecute where strike pay is provided, with fines of up to $210,000 for employers or unions involved in paying or demanding strike pay and fines of up $42,000 for individuals receiving or demanding strike pay. Building and construction industry workers who attend the rally without their employer’s consent could face penalties of up to $42,000 if they are found to have breached the Building and Construction Industry (Improving Productivity) Act 2016 in relation to engaging in unlawful industrial action.

Members are also reminded that contractors covered by the Code for the Tendering and Performance of Building Work 2016 (Building Code 2016), have an obligation to notify the ABCC of actual, or threatened, unlawful industrial action by their employees within 24 hours of becoming aware of it. More broadly, a code covered entity must notify the ABCC of a breach, or a suspected breach of Building Code 2016, within 2 working days of becoming aware of it. There is no requirement to notify the ABCC where the employer has authorized the absence of their workers.

Members seeking further advice should contact the IR Department on (03) 9411 4560 and/or the ABCC on 1800 003 338.