CCCU to target work site conduct under revised construction guidelines

The Victorian Coalition Government has today announced changes to its building and construction industry guidelines in response to last week’s Federal Court decisions.

Pending the outcome of the Coalition Government’s appeals against the decisions, the Guidelines will not apply to the entering of enterprise agreements or to conduct engaged in under an enterprise agreement or other registered industrial instrument, Minister for Finance Robert Clark said today.

Instead, the Construction Code Compliance Unit (CCCU) will target work site conduct, including compliance with Guideline requirements such as:
•complying with industrial laws and instruments;
•complying with commitments given in Workplace Relations Management Plans and Health and Safety Management Plans;
•banning sham contracts and other avoidance devices, unregistered agreements and coercive practices; and
•requiring contractors to take all reasonable steps to prevent unprotected industrial action.

“The Coalition Government remains committed to doing everything lawfully within its power to promote law abiding, safe and productive workplaces in the Victorian building and construction industry,” Mr Clark said.

“Given the refusal of the Gillard Labor Government to take effective action against union disruption and thuggery, these guidelines are a key part of seeking to end the delays and cost blowouts which plagued Victorian major projects under the previous Labor Government.

“That refusal shows the importance of a change of Federal Government, in order to bring back an Australian Building and Construction Commission that will uphold the law on building and construction work sites around Australia.

“The Coalition Government considers that last week’s Federal Court decisions were in error in a number of key respects.

“However, unless and until the decisions are overturned on appeal, the Coalition Government will, of course, comply with the Court’s rulings.”

The changes to the Guidelines to the Victorian Code of Practice for the Building and Construction Industry that commence today insert new provisions that put beyond doubt that the Guidelines do not require parties to act inconsistently with the Fair Work Act.

The changes also enable the CCCU to issue Practice Directions about how the Guidelines will operate where circumstances may exist that could otherwise result in an inconsistency.

If a party to which the Guidelines apply considers that such circumstances exist and would otherwise result in the Guidelines operating in relation to the party or any of its contractors in a manner inconsistent with the Fair Work Act, that party is required to notify the CCCU accordingly.

This will enable any issues about possible inconsistencies between the Guidelines and the Fair Work Act to be resolved as quickly as possible.

In accordance with the amended Guidelines, the CCCU has today issued a Practice Direction making clear that any conduct or other matter that is or would be in accordance with a registered or approved industrial instrument will not constitute non-compliance with the Guidelines.