Footnotes
CHAPTER 1 - Introduction and Background
[1]
Journals of the Senate, 14 November 2013, p. 123 (44th
Parliament).
[2]
Senate Employment, Workplace Relations and Education References
Committee Building and Construction Industry Improvement Amendment
(Transition to Fair Work) Bill 2011, February 2012.
[3]
Explanatory Memorandum, Statement of Compatibility with Human
Rights, p. 50.
[4]
Senate Employment, Workplace Relations and Education References
Committee, Beyond Cole: The future of the construction industry:
confrontation or co-operation?, June 2004.
[5]
Building and Construction Industry (Improving Productivity) Bill 2013, clause
44.
[6]
Explanatory Memorandum, Building and Construction Industry (Improving
Productivity) Bill 2013, p. 3.
[7]
Explanatory Memorandum, Building and Construction Industry
(Improving Productivity) Bill 2013, p. 50.
[8]
Explanatory Memorandum, Building and Construction Industry
(Improving Productivity) Bill 2013, p. 51.
[9]
Explanatory Memorandum, Building and Construction Industry
(Improving Productivity) Bill 2013, p. 51.
[10]
Explanatory Memorandum, Building and Construction Industry
(Consequential and Transitional Provisions) Bill 2013, p. 10.
[11]
Explanatory Memorandum, Building and Construction Industry
(Consequential and Transitional Provisions) Bill 2013, p. 11.
CHAPTER 2 - Issues
[1]
See for example: Nicola McGarrity and Professor George Williams, Submission
1; Professor David Peetz, Submission 2; Australian Council of Trade
Unions, Submission 6, Construction, Forestry, Mining and Energy Union, Submission
7, National Union of Workers, Submission 9; Maritime Union of
Australia, Submission 10; and Australian Manufacturing Workers Union, Submission
14.
[2]
Australian Council of Trade Unions, Submission 6, p. 4.
[3]
Construction, Forestry, Mining and Energy Union, Submission 7, pp
1–2.
[4]
See for example: Master Plumbers' and Mechanical Services Association of
Australia, Submission 3; Master Builders Australia, Submission 4;
Department of Employment, Submission 5; Australian Chamber of Commerce
and Industry, Submission 8; Civil Contractors Federation, Submission
11; Australian Industry Group, Submission 12; Australian Mines and
Metals Association, Submission 15; Housing Industry Association, Submission
16; Business SA, Submission 17; Northern Territory Government, Submission
18; Queensland Government, Submission 19.
[5]
Master Builders Australia, Submission 4, p. 8.
[6]
Mr Wilhem Harnisch, Chief Executive Officer, Master Builders Australia, Proof
Committee Hansard, 26 November 2013, p. 19. See also, Business SA, Submission
17, pp 4–5.
[7]
Mr Daniel Mammone, Director of Workplace Policy and Legal Affairs,
Australian Chamber of Commerce and Industry, Proof Committee Hansard, 26
November 2013, p. 11.
[8]
Business SA, Submission 17, p. 6. See also Australian Mines and
Metals Association, Submission 15, pp 2–3.
[9]
Master Builders Australia, Submission 4, p. 9. See also:
Melbourne Markets Dispute [2011] FCA 556 (unreported) Tracey J, 2 June 2011.
[10]
Master Builders Australia, Submission 4, p. 10.
[11]
Master Builders Australia, Submission 4, p. 12; Mr Wilhem Harnisch,
Chief Executive Officer, Master Builders Australia, Proof Committee Hansard, 26
November 2013, p. 19
[12]
Australian Council of Trade Unions, Response to question taken on
notice, 26 November 2013 (received 28 November 2013), pp 5–6.
[13]
Mr Wilhem Harnisch, Chief Executive Officer, Master Builders Australia,
Proof Committee Hansard, 26 November 2013, p. 19; See also Mr Richard Calver,
Industrial Relations and Legal Counsel, MBA, p. 21; Mr Wilhem Harnisch, Chief
Executive Officer, Master Builders Australia, Proof Committee Hansard, 26
November 2013, p. 19; Housing Industry Association, Submission 16.
[14]
Independent Economics, Economic Analysis of Building and Construction
Industry Productivity: 2013 Update, 26 August 2013, pp 24–66, cited by
Business SA, Submission 17, p. 6. See also, Australian Mines and
Metals Association, Submission 15, p. 14.
[15]
Australian Mines and Metals Association, Submission 15, p. 15.
[16]
Australian Mines and Metals Association, Submission 15, pp 15–16.
[17]
Mr Wilhem Harnisch, Chief Executive Officer, Master Builders Australia, Proof
Committee Hansard, 26 November 2013, p. 19
[18]
Australian Chamber of Commerce and Industry, Submission 8,
paragraph 3.2.11.
[19]
Business SA, Submission 17, p. 6.
[20]
Australian Industry Group, Submission 12, p. 2.
[21]
Australian Mines and Metals Association, Submission 15, p. 13.
[22]
Master Builders Australia, Submission 4, p. 3.
[23]
Mr Dave Noonan, National Secretary, Construction and General Division,
CFMEU, Proof Committee Hansard, 26 November 2013, p. 7
[24]
Mr Daniel Mammone, Director of Workplace Policy and Legal Affairs,
Australian Chamber of Commerce and Industry, Proof Committee Hansard, 26
November 2013, p. 11.
[25]
Cited by Department of Employment, Submission 5, p. 4. See also: Mr
Wilhem Harnisch, Chief Executive Officer, Master Builders Australia, Proof
Committee Hansard, 26 November 2013, p. 19
[26]
Housing Industry Association, Submission 16, p. 3.
[27]
Australian Mines and Metals Association, Submission 15, pp 14–16.
[28]
Master Builders Australia, Submission 4, p. 1.
[29]
Master Builders Australia, Submission 4, p. 3.
[30]
Master Builders Association of Australia, Submission 4, pp 4–5.
[31]
Australian Chamber of Commerce and Industry, Submission 8,
paragraph 3.2.3.
[32]
Australian Council of Trade Unions, Submission 6; Australian
Council of Trade Unions, Response to question taken on notice, 26
November 2013 (received 28 November 2013), pp 6–10. See also, Construction,
Forestry, Mining and Energy, Submission 7; Professor David Peetz, Submission
2.
[33]
For example, the Department of Education, Employment and Workplace
Relations commissioned KPMG Econtech in 2009 to provide an estimate of the
total economic benefits of a suite of human capital reforms. The final report, Measuring
the Impact of the Productivity Agenda, was released publicly in 2010:
Department of Employment, Response to question taken on notice, 26
November 2013 (received 27 November 2013), 29 November 2013, p. 6. See also,
Australian Council of Trade Unions, Submission 6; Construction,
Forestry, Mining and Energy Union, Submission 7.
[34]
Government of the Northern Territory, Submission 18, pp 1–2.
[35]
Queensland Government, Submission 19, p. 1.
[36]
Commonwealth Ombudsman, Submission 13, p. 2.
[37]
Commonwealth Ombudsman, Submission 13, p. 3.
[38]
For example, Australian Industry Group, Submission 12, pp 4, 7, 9,
13, 55; Australian Mines and Metals Association, Submission 15, pp iv–v.
LABOR SENATORS’ DISSENTING REPORT
[1]
Figure 1: Construction industry industrial disputes, ABS 6321.0.55.001.
[2]
Australian Council of Trade Unions, Submission 6, p. 21.
[3]
Master Builders Australia, Answers to questions taken on notice,
26 November 2013 (received 27 November 2013), p. 8.
[4]
Mr Daniel Mammone, Proof Committee Hansard, 26 November 2013, p.
33.
[5]
Australian Council of Trade Unions, Response to questions taken on
notice, 26 November 2013 (received 29 November 2013).
[6]
See for example: Australian Council of Trade Unions, Submission 6;
Australian Council of Trade Unions, Response to question taken on notice,
26 November 2013 (received 28 November 2013); Construction, Forestry, Mining
and Energy, Submission 7; Professor David Peetz, Submission 2.
[7]
Independent Economics, Economic Analysis of Building and Construction
Industry Productivity: 2013 Update, 26 August 2013, p. 28.
[8]
Independent Economics, Economic Analysis of Building and Construction
Industry Productivity, 2010, p. 23.
[9]
EconTech, Economic Analysis of Building and Construction Industry
Productivity, 2008, pp iii—iv.
[10]
Professor David Peetz, Submission 2.
[11] Wilcox, M., Transition
to Fair Work Australia for the Building and Construction
Industry, Report to
Minister for Employment and Workplace
Relations, 31 March
2009, p. 46.
AUSTRALIAN GREENS' DISSENTING REPORT
[1]
See for example, Construction, Forestry, Mining and Energy Union, Submission
7.
[2]
See for example, Ms Nicole McGarrity and Professor George Williams, Submission
1.
[3]
See for example, Professor David Peetz, Submission 2; Australian
Council of Trade Unions, Submission 6.