The Department of Employment and Workplace Relations has sought feedback on its consultation paper on potential Commonwealth standards for the construction industry (Standards).

Australian Industry Group has made a submission that the development of the Standards is premature. The full extent of the unlawful conduct, corruption, bribery, inducements, coercion and improper influence on construction projects by the Construction and General Division of the Construction, Forestry and Maritime Employees Union (CFMEU) is not yet known. The Government should wait for the outcome of the two Royal Commissions (in Queensland and Victoria) before progressing the Standards as they will provide critical evidence about any systemic issues across the industry and a full picture of the problems caused by the CFMEU, which can then be used to inform whether and what Standards may be necessary.

In making this submission we do not suggest that the Government should refrain from taking other action to directly address these well-known problems. This should include, for example, implementing legislative amendments to close the loopholes in the Fair Work Act 2009 that have permitted the CFMEU to enrol members outside of the proper rules and invalidly purport to represent their interests, including by acting as a bargaining representative. The Standards could be used to reinforce such efforts.

While the development of the Standards is premature, the Australian Industry Group has provided constructive feedback in relation to the specific questions in the consultation paper as well as practical recommendations, particular in relation to the particular themes dealing with integrity and lawful conduct; productivity, fairness and industrial practices; workforce development and job quality.