Critics say the government should prioritise workplace safety instead
The Federal Court has confirmed that even union flags are not allowed to be hoisted on properties that are covered by the Code for the Tendering and Performance of Building Work 2016.
This comes after a legal battle between the Australian Building and Construction Commission (ABCC) against a construction company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU).
It stems from an incident in 2019 where ABCC handed a compliance notice to the construction firm for hoisting the Eureka flag and CFMEU posters at a building site in Melbourne between 2018 and 2020.
The ABCC argued that the flag can be considered political communication, a claim that was opposed by the CFMEU, stressing that banning the material is a violation of free speech.
But the Federal Court sided with the ABCC and upheld the Section 13(2)(j) of the Building Code, which states that Code-covered entities must ensure that "building association logos, mottos or indicia are not applied to clothing, property or equipment supplied by, or which provision is made for by, the employer or any other conduct which implies that membership of a building association is anything other than an individual choice for each employee."
This now covers union flags, as per the decision, adding that preventing the item from being hoisted on building sites is not a violation of free speech.
"Section 13(2)(j) of the Building Code does not impermissibly burden the implied constitutional right of free political communication," said Justice John Snaden in his decision.
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'Reprehensible'
The decision drew condemnation from the Australian Council of Trade Unions (ACTU), which claimed that the federal government was "disguised as the ABCC" to attack construction unions.
"It's reprehensible that the Morrison Government, disguised as the ABCC, is spending taxpayers' money on repeatedly attacking construction unions who represent and advocate for their members," said ACTU president Michele O'Neil.
O'Neil said that instead of putting premium on handing out "notices about union stickers on hardhats," Prime Minister Scott Morrison should instead prosecute employers behind workplace fatalities in the construction industry.
"Prime Minister Scott Morrison might want to look at the appalling number of workplace fatalities that have happened in the construction industry on his watch, and prosecute unscrupulous employers instead," said the official.
"The Morrison Government have ignored the recommendations to criminalise industrial manslaughter in all states and territories. This is a law that would genuinely make construction workers safer and hold employers to account. It's very clear that Prime Minister Scott Morrison does not prioritise workers' safety and wellbeing."
