The Government will recommend to the Governor General that a Royal Commission be established to investigate the building and construction industry. Only a Royal Commission can provide the full and open public enquiry necessary to tackle the culture of intimidation that has become entrenched in this industry.
The Employment Advocate has reported that there is significant corrupt and quasi-corrupt conduct and widespread coercive and collusive practices in the industry. Only last week, the head of the construction division of the CFMEU (who has previously called for a National Crime Authority investigation into organised crime penetration of his union) referred to "criminal elements including standover men" within the industry.
Over the past four years, the construction industry has produced more than half the total numbers of complaints about breach of freedom of association principles - even though the sector comprised only about five per cent of GDP. The Advocate's report concluded that the scale and the scope of these problems is beyond the authority and resources of his office to control.
"Business as usual" is not appropriate response to such a report. For a Government committed to the rule of law, anything other than a strong response would represent a serious failure of responsibility. Honest workers and decent unionists deserve a clean industry.
The Government will recommend to the Governor General that former Justice Terry Cole QC be appointed to head the Royal Commission.
Justice Cole, 63, is a former Judge of the NSW Court of Appeal with previous responsibilities for the Supreme Court's construction list.
I understand that Justice Cole will appoint Mr Colin Thatcher as Secretary of the Commission. Mr Thatcher's extensive experience as head of various public sector agencies, together with his knowledge and experience in workplace relations will be an asset to the Inquiry.
The Government is determined to do everything it can to ensure that the commission is conducted in a timely, comprehensive and effective manner and will recommend that the Royal Commission complete its report by the end of next year.
The proposed terms of reference, a curriculum vitae for Justice Cole and relevant press clippings are attached.
Justice Cole has been consulted on the proposed Terms of Reference.
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PROPOSED TERMS OF REFERENCE
1. the nature, extent and effect of any unlawful or otherwise inappropriate industrial or workplace practice or conduct, including, but not limited to:
a. any practice or conduct relating to the Workplace Relations Act 1996, occupational health and safety laws, or other laws relating to workplace relations;
b. fraud, corruption, collusion or anti-competitive behaviour, coercion, violence, or inappropriate payments, receipts or benefits;
c. dictating, limiting or interfering with decisions whether or not to employ or engage persons, or relating to the terms on which they be employed or engaged;
2. the nature, extent and effect of any unlawful or otherwise inappropriate practice or conduct relating to:
a. failure to disclose or properly account for financial transactions undertaken by employee or employer organisations or their representatives or associates;
b. inappropriate management, use or operation of industry funds for training, long service leave, redundancy or superannuation;
3. taking into account your findings in relation to the matters referred to in the preceding paragraphs and other relevant matters, any measures, including legislative and administrative changes, to improve practices or conduct in the building and construction industry or to deter unlawful or inappropriate practices or conduct in relation to that industry.
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The Honourable TRH Cole QC RFD
Post Judicial Activities
2000-1998: Court appointed Referee, Arbitrator and Mediator in various commercial disputes
Judge of Appeal, New South Wales Supreme Court
? May-July 1998: Appointed Acting Judge of Appeal
? 1994-1998: Judge of Appeal
Supreme Court of New South Wales
? 1994-1988: Judge sitting in the Commercial Division.
? Responsible for conduct of Construction and Engineering List.
? 1988: Appointed to Common Law Division. Sat in Common Law and Criminal cases
Queens Counsel
? 1976: Appointed Queens Counsel in New South Wales.
? Subsequently appointed Queens Counsel in the Australian Capital Territory, Victoria, Western Australia and Northern Territory.
? Extensive commercial practice, particularly in areas related to construction disputes and natural resource projects throughout Australia.
Barrister
1976-1962: General practice in commercial matters, common law matters, Land and Environment Court matters.
Solicitor
1962-1961
Education
1961: Bachelor of Law
1958: Bachelor of Arts
1954-1950: Fort Street Boys High School (Vice Captain)
Represented University of Sydney in Athletics and Tennis
1957: Captain Sydney University Debating Team
Naval Reserve
1969-1998: Joined as Lieutenant. Rose through the Ranks.
1994: Appointed Commodore
1994-1998: Appointed Deputy Judge Advocate General Australian Defence Forces
Awarded Reserve Forces Decoration
Interests
Founding Donor Australian National Gallery
Former Patron Australian Opera
Grazing and forestry interests
Voluntary Directorship
Conservation Volunteers Australia: 1999 to date.
26 July 2001