Master Builders understands the CFMMEU and other unions are planning a rally on Wednesday 10 April 2019, at Parliament House, West Perth, from 12.30pm.
The purpose of the rally is to protest against federal IR laws by the union movement in 2009, by the former Federal Labor Government IR Minister, Julia Gillard, the union movement is now suggesting they are somehow broken.
What are the rules for this union rally?
Employees
can apply to their employer to have time off work to attend the rally, such as paid leave, taking a RDO, or unpaid leave.
Where an employer refuses approval to attend the rally, or the employee makes no such application, and the employee does attend, the following conditions apply:
- Withdrawal of labour can be considered as “unprotected industrial action” under the FWAct and building industry employees who take industrial action forfeit a minimum of 4 hours pay for any unlawful stoppage, or more should the
unlawful stoppage exceed 4 hours.
- Building industry employers who make payments for a stoppage described above can face allegations of making strike pay under the FWAct and can be prosecuted for the payment by the ABCC, we recommend that this act should be avoided.
- Building workers who make demands for, or accept strike pay, can be prosecuted by the ABCC under the FWAct.
- Unions or union officials who make demands for strike pay can be prosecuted by the ABCC.
- The penalties can be up to $12,600 for individuals and up to $63,000 for corporations including unions.
What should contractors do?
- Contractors are recommended to keep their sites open for work on 10 April.
- Advise employees they will not be paid for any “unauthorised” absence on 10 April and will be
docked 4hrs pay as required under the FWAct.
- Advise payroll staff accordingly.
- Advise sub-contractors the site will remain open on 10 April 2019, and they are expected to attend that day to meet with their contractual obligations.
- If any contractor or sub-contractor is being intimidated or coerced to attend the rally to contact the ABCC on 1800 003 338.
Contractors can call Kim Richardson at Master
Builders on 9476 9800 to discuss an appropriate response.
Kim Richardson
Construction Director