A Liberal politician was booted from a parliamentary inquiry into a controversial new jobs code being introduced by the Barr government, after a heated exchange with the ACT secretary of the CFMEU.
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However the bill has to be probed by an ACT Legislative Assembly committee before it is voted on next month.
Unions and business groups fronted the inquiry on Wednesday, with the ideological divide between Labor and the Liberals fuelling fiery exchanges between witnesses and members.
Unions ACT boss Alex White said the code was necessary because wage theft had become a business model in many industries, with companies choosing to take the risk of ripping off workers because their chances of being caught were low.
"If anyone uses breaking the law as a calculated risk, surely it's your affiliates in the CFMEU," Liberal MLA Mark Parton observed.
Mr White said he rejected that characterisation, which stemmed from the Liberal party's "ideological hatred of the CFMEU".
He also rejected arguments that the code would push up the cost of infrastructure in Canberra, saying the only way that would happen was if existing contractors were engaged in significant illegal wage theft or were disregarding safety laws.
Mr White also hit out at claims the code would disadvantage small-to-medium sized businesses, saying the bill advantaged companies that supported local job creation by preferencing tenders that created jobs in Canberra and invested in skills and development.
However the Canberra Business Chamber and Master Builders Association ACT told the committee small business owners were scared to come forward with their concerns about the draft code.
"They're concerned by speaking up about the legislation, that would impact on their relationship with the union, which would then impact on their relationship with government in awarding that particular contract to the tenderer," Canberra Business Chamber's workplace relations manager Lucie Hood said.
Labor backbencher Suzanne Orr noted people could make confidential submissions to the committee.
However Mr Parton said one of the committee members - Labor backbencher and deputy chair of the committee Michael Pettersson - was a member of the CFMEU.
"You're alleging I would breach the standing orders of this place?" Mr Pettersson said.
"No, no, no, no, no," Mr Parton said.
"You just inferred it then," Mr Pettersson said.
Tensions flared again when the CFMEU was called to give evidence.
Mr Parton asked the union whether it bullied businesses over their industrial relations policies.
"If you call bullying a union ensuring that its members and workers in the industry are paid their lawful entitlements," CFMEU ACT secretary Jason O'Mara said.
"Call it what you want, I'd call it sticking up for people who are being ripped off."
Canberra Liberals industrial relations spokesman Andrew Wall asked whether any one in the ACT branch had broken any laws.
Questioned on the relevance, Mr Wall said the union said companies that obeyed the law would have no problem with the new code.
"I believe the evidence not just from the current witness but numerous witnesses in support of this legislation have continually cited there is an element of lawlessness on behalf of employers and they should be excluded from doing work from the government and I'm trying to determine whether or not the organisations that are lobbying for this legislation are in fact lawless themselves," Mr Wall said.
"We're here to talk about procurement processes, not make personal attacks," Mr interjected.
The CFMEU ACT branch assistant secretary Zach Smith said there were matters before the courts, as Mr Wall knew, and he did not think it was appropriate to dive into the details.
"Neither this branch or an official of the branch has been found guilty of any criminal offences and there is a presumption of innocence," Mr Smith said.
However Mr Wall said the union nationally had racked up about $1 million in fines for breaching the Fair Work Act and had been labelled "the worst recidivist corporate offender in the country".
"Why then should the ACT branch be given any credence in its calls in changes to legislation in this space when it seems it is an offender as it claims many of the businesses or organisations for the government are, if not a worse offender," Mr Wall said.
"Mr Wall, talking of recidivist offenders, every opportunity you get you try and bash the unions and particularly the CFMEU. We're here to discuss the validity of a procurement code that is intended to help secure local jobs, help local businesses win work in Canberra," Mr O'Mara fired back.
Mr Pettersson asked Mr Wall to withdraw.
"Withdraw what?" Mr Wall said.
"From the committee hearing. You're disrupting the hearing," Mr Pettersson said.
"Mr Wall, you've been booted," committee chair and Liberal politician Jeremy Hanson said.
The inquiry continues.
