CFMEU Media Investigation Update

The Master Painters’ Association of Victoria and Tasmania have written to the Federal Minister for Employment and Workplace Relations, The Hon. Tony Burke, The Premier of Victoria, The Hon. Jacinta Allan, and The Victorian Treasurer as Minister for Industrial Relations, The Hon. Tim Pallas, to express our concerns relating to the allegations of criminal activity in the Construction, Forestry and Maritime Employees Union (CFMEU). We have called on the Federal and State Governments to immediately investigate and resolve any instances of systemic criminal activity, restore confidence and provide longer term solutions to regulatory weaknesses within the industry.

The situation within the CFMEU is deeply troubling. Any criminal activity in the construction industry must be dealt with. The allegations raised must be investigated by the appropriate authorities at State and Federal levels. Confidence in the industry must be restored. We welcome the actions taken by the Federal and Victorian Government so far, as a start. It is clear this cannot be resolved from within the union or the broader union movement.

In the past the Master Painters’ Association of Victoria and Tasmania has represented its members and the broader finishing trades, through the Finishing Trades Association of Australia, in negotiating Enterprise Bargaining Agreements. In recent years we have grown deeply concerned by the change in tactics of the CFMEU in developing agreements without negotiating with employers or their representatives. This is not a balanced or fair approach, and we call for the opportunity to revisit those agreements. We recognise the need for representation of both employers and employees when negotiating enterprise agreements. There must be a reasonable and equitable balance for both employers and workers.

Current regulation of the construction industry is ineffective and needs to be addressed. We call on the State and Federal Governments to ensure that building and construction industry regulators are enabled, through modern regulation and appropriate resourcing, to effectively monitor and enforce regulation. For too long regulatory compliance has been ineffectively monitored or enforced. In some areas this gap has led to the unions, primarily the CFMEU, having to take on this role. While they have provided a benefit in supporting safety and entitlement compliance, it has enabled a power imbalance and the opportunity for the alleged criminal activity. Regulatory compliance is the role of the government and its agencies. This goes to the core of the commercial construction industry’s culture and practices. It directly impacts the health and wellbeing of those who work in it, workers and employers, and their families.

We encourage all members of the building and construction industry to support the rule of law within the industry by reporting to the Victorian or Tasmanian Police any relevant information relating to criminal behaviour you have witnessed or are aware of.

The State and Federal Governments must act now to ensure that law and order are restored. This must be done to ensure there is balance and fairness within the industry. Beyond this, they must ensure long-term and substantial action is taken to address structural and regulatory issues within the industry. Businesses have the right to operate and compete in a lawful and compliant market. Everybody deserves to go to work, do their job, and go home to their families and loved ones not being the worse for it.