CFMEU wants more power to investigate companies in line for ACT tenders

Union delegates will also push at ACT Labor's annual conference for the right to oversee the appointment of senior public servants in the territory.

The CFMEU's motion says more power should also be handed to unions to raise concerns about workplace safety practices and pay at companies vying for government tenders.

The powerful ACT branch of the Construction, Forestry, and Maritime Employees Union wants a consultation process in the secure local jobs code certification scheme.

The code requires companies responding to ACT government tenders to hold a certificate after proving to an auditor they meet standards on pay and conditions, financial viability, health and safety, and collective bargaining.

CFMEU ACT branch secretary Zach Smith sits on the secure local jobs code advisory board, along with United Workers Union ACT branch secretary Lyndal Ryan and Unions ACT secretary Kasey Tomkins.

The CFMEU has proposed a general resolution for the ACT Labor conference calling for the expansion of powers to allow unions to "investigate and prosecute suspected breaches of the Code by a Code Certified Entity".

Investigative powers available to unions would mirror the Work Health and Safety Act and Fair Work Act under the CFMEU proposal.

Consulting with unions would highlight issues where companies applying for certification had no judgements made against them, the CFMEU's motion said.

"For example, businesses that have a history of underpayments that has been resolved through union organising without a judgement," the motion said.

The union said the secure local jobs code was a nation-leading procurement code designed to prioritise secure, well-paid and safe jobs for workers in the ACT.

"We know that secure, well-paid jobs are not the result of the generosity of the bosses - they are ... fought for and won by workers in their union," the preamble said.

"To achieve its purpose, the SLJC must ensure that unions are engaged throughout the tender process, so that unscrupulous employers are not able to game the system and undermine labour conditions in the ACT."

The code came into force in January 2019, replacing a memorandum of understanding struck between the ACT government and UnionsACT to consult on procurement processes.

The use of the code has formed a key part of an Integrity Commission investigation into the granting of a tender for a public primary school expansion project to a company charging more money, allegedly at the CFMEU's urging.

Tenderers on ACT government funded building, construction and building maintenance contracts should also be required to employ women to perform 3 per cent of the contract works' total estimated trade labour hours, 7 per cent of non-trade construction labour and 35 per cent of management, supervisory and specialist labour hours.

The CFMEU has placed its Victorian branch into administration after allegations of criminal behaviour and links to bikie gangs within the union were published by the Nine newspapers.

Mr Smith, who is also the union's national secretary, said the allegations were serious and the union had no tolerance for criminality.

"My message to all CFMEU members in the ACT and across Australia is it's business as usual. The union's unwavering focus remains on ensuring construction workers are paid fairly and go home safely at the end of each shift," he said.

The Canberra Times suggests no wrongdoing on the part of the CFMEU in the ACT.

Meanwhile, the union representing public servants wants ACT Labor to adopt a policy requiring union representation on hiring panels for all senior public servants and statutory officers in the territory.

The Community and Public Sector Union has put forward a general resolution for Labor's annual conference that would require the ACT public service have either a trade union member or official on all appointments or re-engagements within the public service's executive level.

"Over the past 10 years, there have been damning reviews into the culture of many of the ACT public service agencies, including ACT Health, ACT Corrective Services and more recently, in 2023, ACT Emergency Services Agency," the preamble to the union's proposed motion said.

"It's urgent and essential that a similar process, such as the Joint Selection Committee, be implemented for all senior roles within the ACT Public Service. This provision would allow for open transparency, integrity, and accountability. However, it's disheartening that some areas of the ACT Public Service are less committed to these aspects than others. Leadership in these critical areas must come from the top."

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Labor members last year endorsed a motion calling on the ACT government to require all executive appointments in the ACT public service through a joint selection committee with union representation.

The CPSU has also proposed a general resolution calling on the government to "urgently address the chronic psychosocial risks" faced by ACT public servants.

"Senior Executives from Director General to Band 1 must be prepared to take responsibility for their actions (or lack thereof)," the union's proposed resolution said.

"If they are not, then swift action must be taken to replace them (not move them to the side) with Senior Executives that will put worker safety first."

ACT Labor conference will be held later this month.

with Eleanor Campbell