Ice addicts to have more rights than workers under ABCC

BUILDING workers would have fewer rights than drug dealers under the controversial new legislation proposed by the Federal Government, according to a growing weight of evidence.

This week, the Construction Forestry Mining Energy Union (CFMEU) launched an ad to illustrate the Australian building and construction commission (ABCC) bill extends the building regulator’s compulsory examination powers.

“You don’t have the right to remain silent, and you don’t have the right to a lawyer of your choice,” is the message.

In contrast, a bearded man depicted as an ice dealer in the ad is told: “You have the right to remain silent, and you have the right to a lawyer of your choice.”

Workers are fearful this will be the impact of Prime Minister Malcolm Turnbull’s legislation.

“There are basic principles of law and common rights that we’re entitled to as Australian citizens,” says the CFMEU’s construction national secretary, Dave Noonan,

“People have been told that these laws are about dealing with criminality and corruption. The Prime Minister, a former barrister, knows this is a lie.

“He knows the ABCC is an industrial regulator that will strip away workers’ rights. Penalties will be tripled for workers and their unions, while penalties for employers who breach their legal industrial obligations will stay the same.”

And claims the ABCC would have economic benefits are clearly untrue, Mr Noonan told Working Life.

“When looked at objectively, it’s clear t the ABCC is not about improving the industry in any way. It’s about taking away workers’ rights in order to benefit the hip pocket of developers and large multinational construction companies,”

Mr Noonan called on the Government to focus its priorities on tackling important concerns at the forefront of the industry such as safety and training, instead of attacking legal and civil rights.

Under the ABCC bill it is an offence punishable by up to six months’ prison not to comply with an order to give evidence.

Claims the evidence would incriminate the witness are no excuse not to provide it.
However, evidence given cannot be used in proceedings against the witness.
This is a worrying possibility for legal experts including industrial lawyer and Maurice Blackburn principal, Kamal Farouque, who warned the ABCC could compulsorily examine witnesses who had no privilege against self-incrimination.
“This is different to the ordinary criminal situation where people suspected of a crime don’t have to speak to police,” he said. “The ad is accurate in that respect, definitely.”

And criminal lawyer and Stary Norton Halphen principal, Robert Stary,told The Guardian: “It’s true that everyone charged with a conventional criminal offence has many more rights than a building worker in an industrial dispute.
“The right against self-incrimination and the right to silence are cornerstones of our justice system.”

Meanwhile employment minister, Michaelia Cash, told the Senate the CFMEU’s ads were a “political stunt”.

“They will do anything and they will say anything to ensure that the laws in the building and construction industry are not changed.”