Rights on Site is a campaign for the 900,000 construction workers across Australia who do not have the same rights in their workplace as all other Australian workers.
About the Australian Building and Construction Commissioner (ABCC)
The Office of the Australian Building and Construction Commissioner (ABCC) was created by the Howard Government in 2005 to enforce its laws and ‘criminalise’ much union-related activity on construction sites.
Its predecessor, the Building Industry Taskforce, was set up in the wake of the politically driven Cole Royal Commission into the building and construction industry.
While its brief is to oversee adherence to industrial law, the ABCC conspicuously fails to investigate or prosecute employers underpaying workers or breaching safety regulations.
Rather, it targets individual workers involved in union or collective activity not strictly related to EBA negotiations.
Even if a worker is killed on site, his colleagues must be able to prove they had a reasonable concern about an imminent risk to themselves to legally stop work and assess the safety situation.
Passersby can also be interrogated by the ABCC for witnessing activities on a building site.
The ABCC has the power to seek fines against individual workers of up to $22,000 and gag interviewees. Anyone who refuses to cooperate fully faces a potential 6 month jail term.
More than 92 construction workers have been secretly interrogated by the ABCC.
Ahead of the 2007 election, the Rudd Labor Government promised to keep the ABCC in place until 2010.
Watch the movie 'Constructing Fear'
Watch ‘Constructing Fear’ a 40 minute documentary which explains the evolution and implementation of a cruel Howard Government initiative called the Building Construction And Improve Act.
The film by Joe Loh exposes the activity of the building and construction commission and tells the story construction workers who have fewer rights that ordinary Australian workers. Watch the movie
Do you know your rights on site?
ABCC officers have the legal right to enter construction sites to investigate industrial issues such as breaches of awards or industrial laws.
They do NOT have police powers. They can’t arrest you, use force against you or enter your home, but they can interview you.
However, they can summons workers – and members of the public – for secret interrogation over industrial issues.
If you suspect the ABCC is present at your workplace:
do not approach or talk to an ABCC officer;
- call your union office immediately and advise them the ABCC is on site;
- don’t be provoked – adivse teh ABCC that you wll cooperate after recieving legal advice;
- remember if the ABCC requires you produce any document you should ask for 14 days written notice;
- if you are served with a notice, contact your union office for legal advice.
Being summonsed by the ABCC is a serious matter. You can be jailed or fined for failing to cooperate.
All electoral matter is authorised by Paul Howes, National Secretary