THE general manager of the Fair Work Commission (the Commission), Murray Furlong, is the independent statutory regulator of federally registered organisations under the Fair Work (Registered Organisations) Act 2009 (RO Act). 

It is the Commission’s role to promote the efficient management of organisations and high standards of accountability of organisations and their office holders to their members. 

The Commission is currently undertaking careful analysis of the extensive media reporting involving the Construction and General Division of the CFMEU in relation to alleged non-compliance under the RO Act.

The general manager’s focus is on ensuring the effective functioning of branches within the CFMEU’s Construction and General Division for the benefit of their members and has been actively engaging with the CFMEU to seek clarification about what steps have been taken to put the Victoria-Tasmania Divisional Branch into administration.

Correspondence received from the CFMEU yesterday evening (16 July 2024) included that the effect of a resolution by the Construction & General Division’s Divisional Executive on 15 July 2024 is to appoint the national secretary Zach Smith to investigate and take any action he considers necessary to resolve any matters arising out of the recent media reporting and in doing so conferred on Mr Smith all powers and functions necessary to perform this role, including the powers and functions of the Secretary of the Victoria-Tasmania Divisional Branch.

The general manager is now carefully reviewing the information received from the CFMEU, including if there are any conflict of interest issues arising from Mr Smith assuming multiple roles at the same time.

Mr Furlong said:

• "I am deeply concerned about the alleged conduct and commentary that organised crime has infiltrated several state branches of the division, including that it appears to be embedded and ongoing."

• "I have already initiated a wide range of operational activities, including seeking advice on making an application to the Federal Court under s.323 of the RO Act. I have also commenced sharing information with other regulatory and law enforcement authorities and requesting evidence about alleged contraventions from a wide variety of participants in the building and construction industry."

• "While the alleged criminal conduct reported in the media falls outside of my jurisdiction, alleged conduct involving repeated, opportunistic or deliberate contraventions of the RO Act, including misappropriation of funds or unlawful conduct of elected officials, will be met by swift, well-resourced and significant enforcement action."

• "Members of registered organisations deserve for their organisations to represent their interests in a lawful manner, that is consistent with the RO Act, other laws and the expectations of our community."

www.fwc.gov.au

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AWU Queensland Secretary Stacey Schinnerl will fronted a Parliamentary Committee hearing today to call on the government to make it clearer in the law that assaults on Queensland Health operational workers should be treated as ‘serious assault’.

Section 340 of the Criminal Code 1899 provides for a crime of ‘serious assault’ against offenders who assault public officers at work.

There has long been confusion in the Queensland Health workforce about whether assaults perpetrated against certain employees are provided for in the Code.

This confusion is being caused by a very high rate of assault in the workplace, with very few charges of ‘serious assault’ laid on perpetrators who commit violence against staff.

The underutilisation of this section for assaults against Queensland Health operational workers would indicate that the current wording of the section does not clearly include these workers, especially considering the extreme rates of violence in their workplaces.

The AWU is of the firm belief that the Bill should be amended to clarify the scope of s340 of the Code to make it clear that the crime of ‘serious assault’ extends to offenders who assault Queensland Health operational workers while they are performing their work.

“Public hospital workers are subject to escalating levels of violence in the workplace,” Ms Schinnerl said.

“Recent data provided by Queensland Health to the Courier Mail in May suggested that we were on track to record over 45 assaults on hospital staff per day in the 2023 – 2024 financial year.

“Every worker deserves to come home at the end of their shift the same way they started it, and every worker deserves to be safe at work.

“The AWU is unapologetic in the belief that offenders who perpetrate violence against public servants in the course of their duty should face the full extent of the law.

“The current rate of violence in our public hospitals is an embarrassment to our society and requires serious action.”

Background

The AWU represents close to 20,000 workers in various industries across the public and private sectors. Among the union’s membership are thousands of workers in Queensland’s public hospitals.

These workers work in a variety of roles, including security officers, wardspeople, cleaners, food services workers, groundspeople, mental health nurses, clinical assistants and more.

‘Serious Assault’ In the Criminal Code

Section 340 of the Code provides for a crime of ‘serious assault’ against offenders who assault public officers while that officer is performing a function of their office.

This section acts as a powerful deterrent against assaulting certain public servants while they engaged in the course of their service.

As it is currently written, the section contains specific provisions and examples relating to police officers, child safety officers, correctional officers and employees of the Queensland Ambulance Service.

The AWU is submitting that the Code should specifically refer to Queensland Health operational workers in an attempt to end the underutilisation of the crime when charging someone who assaults a security officer or other operational worker in a public hospital.

The AWU believes this is leading to police opting to not utilise this section to charge offenders, despite constant cases of assault that would appear to meet the requirements of ‘serious assault’ under the Code.

The AWU Submission

The AWU Submission to the inquiry can be read here: https://acrobat.adobe.com/id/urn:aaid:sc:AP:31b4b802-b32c-42ab-9aad-a4fb08164e4d

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THE ISSUES highlighted with the CFMEU by the joint media investigation are shocking but unsurprising to anyone who has worked in the industry for any length of time, according to the Australian Constructors Association.

Australian Constructors Association CEO Jon Davies said that although the investigation focused on Victoria, the problems are widespread across the construction industry.

“These issues contribute to the construction industry’s productivity being lower than it was 30 years ago,” Mr Davies said. “They are also why only 13 percent of our workforce are women, why projects are running late and over budget, and why more people are leaving the industry than joining it.

“While we support unions assisting contractors in maintaining safe working conditions and representing workers on pay and conditions, they should not control who works on a project or when concrete can be poured.

“We urge authorities to thoroughly investigate all allegations made in this investigation and call on state and federal governments to take strong action. As Minister (Tony) Burke said on Insiders over the weekend, worksites should be free from bullying and thuggery.

“We now have an opportunity to make this a reality, and the Australian Constructors Association is ready to work with all stakeholders to achieve this goal.”

The Australian Constructors Association is the only representative body for contractors delivering vertical and horizontal construction projects, as well as undertaking infrastructure asset management. Its members construct and service the majority of major infrastructure projects built in Australia every year and Mr Davies said the association's goal was to create a more sustainable construction industry.

www.constructors.com.au

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THE House Standing Committee on Economics has published the program for its upcoming public hearing in Devonport, Tasmania, as part of its inquiry into insurers’ responses to 2022 major floods claims.

The hearing will be held in the Aberdeen Room at the Paranaple Convention Centre on Wednesday, July 17, from 9.30am to 1pm, and will include evidence from local councils, business associations and residents.

The hearing program is available on the inquiry website.

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