By and large industrial dealingss issues have non materially wedged UK undertaking public presentation. Union powers are limited and there is no work stoppage or backdown of labour action. Industrial action if taken does non ensue in arrests or demands for payment of lost clip.
Safety is non baffled or contaminated with industrial dealingss.
BLL does non straight employ any building workers / secret agents and hence does non hold industrial dealingss issues affecting our direct employees.
Any activity relates to our subcontractors and is normally in relation to payment of one-year leave and public vacation wage. Due to the big figure of foreign workers ( particularly from Eastern Europe ) who work on piece rate instead than rewards, the issue of payment of minimal conditions is frequently raised.
BLL is a member of the major contractors association ( this has changed as the Major Contractors has been disbanded – we are portion of the UK CBI Consstruction Coucil or Committee and the UKCG which is the UK nContractors Group I think chaired by Spanswick ) and as such is committed to guarantee minimal employment conditions are paid in conformity with an industry understanding.
In the UK North concern unit, BLL employ a Convenor ( similar to a brotherhood delegate, for UCAT, which is the brotherhood that covers the edifice trades ) who helps pull off issues and ailments raised by the subcontract work force against their employers.
In the UK South concern unit, convenors are non employed by BLL, but are employed by our site logistics and security bomber contractors and execute a similar service. ( Question did we have one of the subcontractors em [ provide a convenor on the AV? )
BLL besides maintains relationships through regular communicating and meetings with the regional UCAT secretaries.
BLL does non hold any undertaking understandings on any of our UK sites, which would be a particular industrial dealingss understanding.
Escalation of any important IR issue is through the UK Head of Operations Peter Varga.
The last incidence of industrial activity on a BLL UK undertaking was 3 old ages ago, with a lookout on the Manchester Hospital undertaking by two linemans, as a consequence of a subcontractor ending their employment.
This issue was resolved without arrest, lost clip or commercial impact.
The major brotherhoods with coverage of the edifice trades are represented on the Olympic site and a senior brotherhood representative sits on the ODA board.
ODA expressed concern in late 2008 as site plants commenced, that during the last twelvemonth of building ( 2011 ) , as pipe fitter and electrician Numberss well increase, there may be an addition in industrial activity and demands for increased particular site allowances.
Presently industrial dealingss at the AV are good. The BLL Project Delivery Director ( Peter Jacobs ) meets each month with full clip convenors from the trade brotherhoods, UNITE and UCATT. These convenors are employed through the site logistics subcontractor.
Relationships with both the Regional secretaries and the ODA IR squad are besides regular and affable.
Current premises are that as completing trades ( particularly electricians ) and Tier 1 contractors addition in the coming months so issues around payment and footings will increase and may take to industrial agitation.
To extenuate the issues BLL have agreed to:
Adopt audits of employers and their employment and wage patterns in a similar mode to that being implemented on the Olympic Park. The first audit is anticipated to be completed in Mar 10.
Recruit an IR specializer for the AV, which the ODA have agreed to fund.
Overall Risk Appraisal
Unions are by and large organised on a metropolis or regional footing non nationally, therefore the BLL schemes and constructions for pull offing are decentralised.
There are merely 4 metropoliss, that BLL USA operate in, where brotherhoods have important influence: New York, Boston, Chicago and San Francisco.
In recent memory there have been no brotherhood disputes that have significantly impacted on undertaking public presentation.
IR issues on occasion arise out of jurisdictional differences between brotherhoods viing to execute certain Scopess of work.
BLL ‘s function in these issues is to ease an expeditious declaration. While declaration of these differences requires dedicated resources, staff clip and on occasion paying lawyer ‘s fees to intercede, it is non a stuff customs.
With regard to BLL ‘s ain direct labor in these four legal powers, BLL have entered into one or more corporate bargaining understandings ( CBA ‘s ) .
BLL ‘s standard signifier of subcontract requires that a trade contractor be to the full responsible for its labor throughout its class of public presentation, and that it presume all hazards in connexion with labour differences affecting its workforce.A Subcontractors are required to use labor that is compatible with the labor of other subcontractors ; take all stairss necessary to avoid labour differences ; and be responsible for any amendss or holds caused by such differences.
Using Chicago as an illustration, :
if issues develop with Union Labour ( the predominant issue being jurisdictional differences ) , BLL work with a figure of groups to extenuate jobs:
On the brotherhood side, the Chicago Building Trades Council is the umbrella organisation for the 26 trade locals that we typically see on our projects.A BTC will speak with the brotherhoods involved in a difference and seek to negociate a solution.A They besides operate a Joint Conference Board, which more officially adjudicates differences, like the recent determination over who owns green roof installing.
On the direction side, we have informal relationships with some contractor/industry associations.
Mid-American Regional Bargaining Association ( MARBA ) .A MARBA serves associations stand foring brotherhood contractors by negociating and administrating corporate bargaining understandings, supplying go oning instruction for contractors and advancing and keeping labour relationships.
Builders Association ( BA ) , who offer contractors entree to resources that can assist them work out jobs and do better determinations about labour and other subjects.
In add-on, on many of our undertakings, we have negotiated Project Labour Agreements ( PLA ‘s ) that include a pre-agreed mechanism to decide jurisdictional disputes.A
The 2nd country of labor hazard is work arrests, due normally to brotherhood understanding reclamations or grievances.A These are really really rare in Chicago, as we have had merely two in the past 15 years.A The PLA includes a no work stoppage provision.A PLA ‘s are really common on public undertakings, and by manner of illustration we have late negotiated them on 5 of our private undertakings ( Trump, 353, 155, WOTP, Winthrop. )
Escalation of any important IR issue is through the BLL USA COO Jeff Arfsten.
Nothing of note
Labour clash around jurisdictional disputes.A These are turning as the building market experiences higher unemployment and brotherhoods fight for a smaller pool of work. The hazard impact for BLL is considered minor.
Overall Risk Appraisal
The Federal Labor Government is committed to guaranting that all participants in the edifice and building industry comply with Australia ‘s workplace dealingss Torahs.
As a major pimp of edifice and building services, the Australian Government sets out to act upon the behavior of the industry through its procurance procedures, governed by the National Code of Practice for the Construction Industry, supported by the Implementation Guidelines.
In add-on to the Code and Guidelines, the edifice and building industry has specific statute law, the Building and Construction Industry Improvement Act 2005 ( BCII Act )
BCII Act is supported by the Australian Building and Construction Commission ( ABCC ) . The ABCC ‘s intent being to reform behavior in the edifice and building industry.
The Labor Government, in go oning to back up the BCII Act and ABCC, both introduced by the old Broad Government has strained their traditional affable relationship with the Union motion.
With a looming Federal election the Labor Government has abandoned for the clip being their purpose to ‘water down ‘the current statute law regulating the edifice and building industry.
Although powerful, the building brotherhoods ‘ behavior has remained measured and cautious in this current election twelvemonth.
Until the following unit of ammunition of bargaining for Enterprise Agreements, due mid 2011, the industry continues to bask a comparatively dispute free period.
Tiered relationship with Unions ( site delegates through to Aus BLL CEO )
Regional Business Units maintain brotherhood relationship and manage any ensuing IR issues, assisted by
National IR Manager ( Eric Hensley ) .
Internal BLL Legal advocate ( Rashda Rana )
External Employee Relations Legal Counsel ( Alice De Boos )
Enterprise understandings for BLL direct labor in topographic point ( JDA VII ) .
Maintain and utilise Employer Association rank ( eg MBA ) .
Industrial relation guidelines incorporated into the Australian policy and processs ( 3.06.01 Australia Blue Book )
Ongoing and consistent national IR preparation.
Recent history ( last 3 old ages ) there has been negligible lost clip as a consequence industrial action.
Recent anecdotal illustrations:
Wideform – A significant formwork subcontractor using approx 280 building workers on three cardinal BLL undertakings ; 420 George, Top Ryde and Brisbane Law Courts, was placed in disposal in late Dec 09. BLL led the treatments with the brotherhoods ensuing in replacing employers, colony of outstanding entitlements and minimum lost clip.
Brisbane Supreme Court – The CFMEU, in wheedling support for an industry arrest claimed that the comfortss were unequal on this undertaking, a good ground for taking the work forces ‘out ‘ for the twenty-four hours. BLL site direction, following the IR Guidelines and disputes direction procedure, had the affair listed in the Industrial Relations Commission on the twenty-four hours of the arrest and a return to work the undermentioned twenty-four hours. The ABCC continue to look into the affair.
Melbourne Royal Children ‘s Hospital ( RCH ) –
In August 2008, more than 200 workers walked off the RCH and other Melbourne undertaking sites following the debut of the ‘Blue Glue ‘ entree security system. The building brotherhoods saw this as a scheme employed by BLL denying their entree to site. The difference was heard in the AIRC with orders issued to halt industrial action. The ABCC intervened and supported BLL ‘s application. During the difference, harm was caused inside the site office by Union functionaries ensuing in the constabulary go toing site.
In late December 2008, a difference between the formwork subcontractor and the brotherhood resulted in the site gates being blockaded forestalling bringings of stuffs on site. The issue being caused by a subcontractor ending their store steward. In Late February the undertaking was once more blockaded by brotherhood autos and functionaries over the same difference ensuing in a figure of concrete pours being cancelled. BLL, utilizing the Federal Court found the CFMEU to be in disdain of tribunal orders. In June 2009, the Unions were fined $ 75,000 and required to pay BLL legal costs of approx $ 120,000.
The undertaking, since Feb 2009 has been dispute free.
Potential arrests ensuing from ongoing ‘Ark Tribe Case ” ( tribunal Hearing – Jun 10 ) : Case relates to SA building worker ( non a BLL issue ) being prosecuted by DPP for declining to reply ABCC inquiries associating to an industrial difference based on EHS issues. Highly publicized and emotional instance for the CFMEU and any prosecution against Mr Tribe may take to industrial action.
‘Blue Glue ” difference with CFMEU ( Vic ) : Relates to industrial action following the debut by BLL of an integrated safety and security direction system. Court ordered the industrial action to halt. Potential hazard of farther action being taken in Victoria or nationally.
ABCC Replaced ( Dec 10 ) : Following the Nov 07 Federal election the Labour Government have pushed for alteration in IR policy which may increase Union force per unit area on undertakings. One of the election promises was to amend the BCII Act. The proposed amendment Bill includes the abolishment of the ABCC ( Australian Building & A ; Construction Commissioner ) and replacing with the Office of the Fair Work Building Industry Inspectorate. The ABCC have been credited for important behavioral betterments, ensuing in an overall addition in harmoniousness and productiveness in the industry.BLL Strategy is to keep good relationship with Union. No major differences expected. Management expect the care of the ABCC until a revised Bill amendment is submitted to the Senate in late 2010 following extra lobbying of Independent Senators.