Fed Govt warned, but failed to act yet again: 37 emergency chiefs speak out on flood bungling, climate and escalating disasters

A GROUP OF Australia’s highest ranking, former emergency service chiefs today issued a scathing statement on the Morrison Government’s failure to prepare for and help alleviate the horrific impacts of the flooding disaster.

Emergency Leaders for Climate Action* (ELCA) is launching the statement in Brisbane today, citing evidence that the Government was warned ahead of the 2022 floods and did little. The handling of this disaster echoes the lack of national preparation in the lead up to the Black Summer bushfires when the Government ignored warnings months before the disastrous fires hit.

The press conference coincides with a full page ad in The Courier Mail calling on the Federal Government to better equip emergency services to respond.

Former Commissioner of Fire & Rescue NSW, one of Australia’s longest-ever serving fire chiefs and now leader of Emergency Leaders for Climate Action Greg Mullins said:

“The Federal Government’s fumbling of this flood disaster is Black Summer all over again. Last October, charity leaders met with the Federal Government and were warned of massive flooding this summer. The Government knew what was coming and it did not adequately prepare our communities or first responders.

“Time and again this Government fails to listen to expert advice. There are 80 recommendations of the Royal Commission into National Natural Disaster Arrangements gathering dust. The Government has failed to implement them. Our elected leaders in Canberra are failing communities right around the country impacted by this disaster, and the thousands of emergency service volunteers and professionals who willingly place their own lives in danger by responding to increasingly frequent and dangerous climate-fuelled disasters.

“Those of us who do hold hoses know just how dangerous climate change has become. Australia is under-prepared, and Canberra has no answers to how it will rapidly slash emissions this decade.”

Former Commissioner of the Queensland Fire & Emergency Services Lee Johnson, an ELCA member, said: “We Queenslanders are familiar with floods. We live in Australia’s most disaster-prone state. But the disasters of today are not like the disasters of the past. Over my decades of service I experienced floods and bushfires that were more frequent and intense, and cyclones that were more damaging. These climate-fuelled changes led to the fire and rescue service introducing swift-water rescue capabilities under my watch. I remember in that first year we conducted over 100 water rescues of people in serious trouble. In the lead up to these floods even more water was dumped on Queensland than in the lead up to the 2011 disaster – something I thought I’d never see, but the records keep tumbling. This is climate change in action and we’re all in danger.”

Former Deputy Director General of the NSW State Emergency Service, ELCA member and flood expert Chas Keys: “This disaster’s shown us that we can’t continue with business as usual. Bandying about terms like ‘one-in-500 year’ flood is meaningless to people who are experiencing such disasters repeatedly. Above all else, we need the Federal Government to take climate change seriously by cutting back drastically on the mining and burning of fossil fuels. We also need to reset the way we manage disasters, with spending between mitigation versus relief and recovery completely out of kilter. There is no more manageable hazard in Australia than flooding: we know where it will occur, we’re usually warned ahead of it and we can predict what its effects will be. We’re just not managing this risk well, and it hurts us over and over again to a greater extent than it should.”

Former Commissioner and ACT Emergency Services Authority, and ELCA member, Major General Peter Dunn: “I know what it’s like to so helplessly witness my community torn apart by a disaster. During Black Summer the fires ripped through Lake Conjola and soon after, we were dealing with a flood. We had no support. We were left to pick up the pieces ourselves. Communities are once again being left behind and it’s clear the lessons of Black Summer have not been learned. I was among the chorus of voices who in 2019 warned the Morrison government that a severe fire season was coming. And we were ignored. Late last year, the Federal Government was similarly briefed about the high risk of this year’s floods. Yet they were not prepared. After every disaster, the Federal Government initiates an enquiry but fails to implement the recommendations. More than two years after Black Summer and many Australians are still living in tents. Are the victims of these floods to expect the same? As climate change escalates these disasters, history cannot continue to repeat itself. And we can’t expect the ADF to carry the load. The common denominator is the feeling of abandonment and lack of Federal Government preparedness to respond to these increasingly fierce disasters and address climate change at its root cause: the extraction and burning of fossil fuels.”

Greens to amend gov backed insurance scheme to cover all flood victims

Greens Leader, Adam Bandt MP, and Greens candidate for the flood affected electorate of Richmond, Mandy Nolan, have announced the Greens will move when Parliament resumes in March to extend government backed insurance to all flood victims.

The Treasury Laws Amendment (Cyclone and Flood Damage Reinsurance Pool) Bill 2022 due to be debated in Budget week later this month establishes a mandatory scheme for insurers to reinsure with the government-owned Australian Reinsurance Pool Corporation (ARPC) when providing cover against cyclone related damage. This partial nationalisation of house insurance is designed to keep premiums low by removing much of the profit-taking from cyclone insurance. As the current floods are not cyclone related they are excluded from the scheme.

The Greens will move amendments to the bill in the Senate to extend coverage to all floods, including floods such as those in NSW and QLD and require coal and gas corporations to fund the scheme.

The Greens also want a statutory inquiry to consider the full nationalisation of all climate-related reinsurance for events such as bushfires.

Politicians from other parties have recently spoken in support of extending mandatory reinsurance to all flood victims, suggesting the amendments have a chance of passing the Senate before the election.

Greens Leader Adam Bandt MP said:

“Thousands of homes and businesses will be uninsurable without the Greens’ plan to extend reinsurance to flood victims.”

“The increased severity of climate related floods is pushing the cost of insurance out of reach of many homeowners and businesses, so nationalising cyclone reinsurance is critical but it must cover all flood victims.”

“We call on the government, the opposition and crossbench to back our amendments. Let’s get this done and support flood victims”

“The government is handing public money to the coal and gas corporations that are fuelling these extreme floods. Instead of getting handouts, coal and gas corporations should be footing the bill for the insurance.”

“The scope of the government’s bill is too limited. Damage from the floods in QLD and NSW would not be covered by the government’s legislation as they are not cyclone related floods.”

“The Greens’ amendments would ensure that the NSW and Qld floods would be covered, and would keep insurance premiums for people impacted by these floods lower in the future.”

“With the growing climate crisis, we need a statutory review to consider nationalising reinsurance for all climate related property damage in all parts of Australia.”

Greens candidate for Richmond Mandy Nolan, speaking from the flood disaster zone across the Northern Rivers, said:

“I have just survived this latest flood disaster, but now many in my community are facing the disaster of being uninsurable. We need to act now.”

“This is the front line of the climate emergency.Thousands of homes have been destroyed, many more damaged and people’s premiums are going to go through the roof unless they are covered by the Greens plan.”

“The Parliament needs to urgently pass the Greens amendments in Budget week and help my community recover.” 

Zachary Rolfe Verdict: Statement from Senator Lidia Thorpe

Zachary Rolfe, the Northern Territory policeman who shot and killed 19-year-old Warlpiri man Kumanjayi Walker, has been found not guilty of murder, manslaughter and committing a violent act causing death.

Greens spokesperson for Justice and First Nations, Senator Lidia Thorpe said:

“No justice. No peace.”

$2.1 billion for winter preparedness health measures

The Morrison Government is investing $2.1 billion to protect Australians against COVID-19 and influenza this winter.

The approach to managing COVID-19 and influenza over the winter months will focus on minimising the health impacts – with a particular focus on protecting those most at risk of severe illness – while supporting the economy.

This year’s winter season will likely see the co-circulation of COVID-19 and influenza viruses, which we have not seen significant transmission of since 2019.

Although it is difficult to predict the scale of these transmission events, the national approach supported by the Morrison Government prepares for the contingency of possible large outbreaks.

The Government will invest $2.1 billion to support health responses and further build up the resilience of Australia’s healthcare systems – including by extending the COVID-19 National Partnership Agreement to 30 September 2022.

The investment to support Australia’s winter preparedness includes:

  • $1.2 billion to protect the residential aged care and disability care sectors,
  • $356 million to protect other vulnerable population groups, and
  • $571 million for vaccines.

The measures that will be put in place will help to protect health system capacity, support high-risk groups such as aged care residents, and ensure the supply of essential goods and services if disruptions occur.

A coordinated strategy will support the health system and economy by protecting those at risk of severe disease and minimising transmission to a level where case numbers and absenteeism does not significantly impact on the functioning of Australian society.

Businesses and individuals will play a vital role as we head into winter by continuing to follow public health advice on protective measures, planning ahead for any potential disruptions and ensuring they are vaccinated.

This funding will continue to support the National Coronavirus Helpline and Healthdirect support for triage and management of COVID-19 patients and maintain the network of general practice respiratory clinics.

It will also maintain community care pathways coordinated across Primary Health Networks and Local Hospital Networks by providing personal protective equipment (PPE) and other supports to general practices managing respiratory patients.

Residential aged care residents remain a high priority due to the increased susceptibility of aged care residents to severe disease, and the potential for outbreaks and workforce absenteeism

Outbreak response measures and management procedures are already in place to protect residents and other high-risk population groups.

Investment in Rapid Antigen Tests and Personal Protective Equipment

As part of an overall $2.1 billion investment in winter preparedness, the Commonwealth is proposing to extend the concessional Rapid Antigen Test program until 31 July 2022, in partnership with the states. In addition, we will also purchase six months of supply of PPE for aged care and disability requirements.

National Partnership on the COVID-19 Response

Through the National Partnership on the COVID-19 Response (COVID NPA), the Commonwealth has provided over $9.9 billion in additional hospital and health funding to assist jurisdictions with the health impacts of COVID-19.

On top of the $2.1 billion investment, the Commonwealth has agreed to extend the COVID NPA for a further three months to 30 September 2022, in recognition of the ongoing impacts of the Omicron outbreak.

National Immunisation Program

The focus on preparing for the coming winter and future winter seasons builds on Australia’s strong track record of protecting at-risk Australians through the National Immunisation Program (NIP).

The Morrison Government is well prepared for the 2022 influenza season and has secured supply of influenza vaccines for the NIP consistent with previous years.

Children under five, pregnant women, people 65 years and over, Aboriginal and Torres Strait Islander people and people with medical conditions that put them at greater risk of becoming seriously ill from influenza can receive their vaccines free of charge through the NIP. The NIP offers a specific, enhanced influenza vaccine to protect older people.

More than 9.5 million government influenza doses will be available for the 2022 season – just up on the more than 9.4 million in 2020 and 2021 – and more than 600,000 Pneumococcal vaccine doses which are utilised throughout the year but peak during the influenza season.

The Government spends more than $450 million annually on the NIP of which more than $100 million is for annual influenza vaccinations and more than $35 million for Pneumococcal, to protect Australians in at-risk population groups.

Australians are also encouraged to make sure that they are up to date with their COVID-19 vaccinations, which will also protect them during the winter months.

All Australians who are currently eligible for a COVID-19 vaccine or booster, and who have not yet acted are urged to make a booking as soon as possible to get vaccinated.

Please use the COVID-19 Clinic Finder and make your appointment.

WINTER PREPAREDNESS – PLACEMATSpend $m (UC) 5 year impact (2021-22 to 2025-26)
Key Strategies (Total Winter Expenditure) 
Vaccination(570.7)
Vulnerable Populations(329.5)
Residential Aged Care and Disability(1,207.8)
  
TOTAL Winter Expenditure(2,108.0)
  
Vaccination (includes funding to 31 Dec) 
COVID-19 Vaccine Program Delivery(70.9)
COVID-19 Vaccine Administration Channels(499.8)
TOTAL Vaccination Expenditure(570.7)
  
Vulnerable Populations 
COVID-19 Rapid Antigen Test (RAT) Concessional Access Program Extension(286.2)
Extension of COVID-19 Remote and Indigenous Response Measures(43.3)
TOTAL Vulnerable Populations Expenditure(329.5)
  
Residential Aged Care and Disability 
Home Visits for COVID-19 in Residential Aged Care Facilities(7.9)
Extending Support under the Aged Care Preparedness Measure(124.9)
Training for Authorised Nurse Immunisers in Residential Aged Care(50.4)
Aged Care Infection Prevention and Control Training Measure(37.6)
COVID-19 Testing in Aged Care(22.1)
Continued Critical Supply of Personal Protective Equipment (PPE) to the National Medical Stockpile (6 Months)(964.9)
TOTAL Residential Aged Care and Disability Expenditure(1,207.8)

$69 million for Japanese encephalitis virus (JEV) response

The Australian Government will invest $69 million to control the spread of the Japanese encephalitis virus (JEV).

Program initiatives aim to prevent exposure to the disease through vaccination and mosquito management systems, to protect people and animals most at risk during the current outbreak.

A multiportfolio response will implement control and public health measures. Key elements of the control package include:

  • $28.18 million to purchase additional JEV vaccines – to be available from late March and into April
  • $17.5 million to support jurisdictions with mosquito surveillance and control activities
  • $5 million for public health communication to ensure people are aware of risk and how to prevent infection
  • $3.5 million for essential supplies to ensure sustained laboratory capacity and capability to test for JEV in humans
  • $4 million to support enhance surveillance activities, such as modelling, geospatial analysis and conducting a serosurvey to better understand and map areas with higher risk of a JEV outbreak
  • $10 million for DAWE will enable support to state and territory agriculture departments in their response to this emergency including surveillance.

Minister for Health and Aged Care, Greg Hunt, said there were currently 15 confirmed human cases of JEV in New South Wales, Queensland, South Australia and Victoria.

“Sadly, it has been confirmed two people, one in Victoria and one in NSW, have died of JEV and I offer my condolences to their families, friends and community,” Minister Hunt said.

“This package will expand and enhance current mosquito control and surveillance strategies and continue our support to states and territories to limit the number of people and animals who are exposed to JEV.

“The Australian Government will also procure vaccines and distribute equitably to states and territories.

“The Communicable Diseases Network Australia (CDNA), in consultation with the Australian Technical Advisory Group on Immunisation (ATAGI), has prioritised people for vaccination with direct exposure or close-proximity to pigs and mosquitos, and those with high-level occupational exposures in the risk areas.

“There are other simple steps we can all take to prevent contact with infected mosquitos, such as using repellent containing picaridin or DEET on all exposed skin, wearing loose fitting clothing when outside, and ensuring that accommodation is properly fitted with mosquito nettings or screens.”

There are two human JEV vaccines available on the Australian market, Imojev (Sanofi-Aventis Australia) and JEspect (Seqirus). 

Imojev is a single dose vaccine which supports broad use and rapid vaccination, however it not suitable for pregnant women or people who are immunocompromised. JEspect, is given in two dose course and is suitable for most people who can’t receive the Imojev vaccine.

State and Territory Public Health units are co-ordinating and implementing the priority vaccination program, with initial vaccinations underway.

Minister for Agriculture and Northern Australia and Deputy Leader of the Nationals, David Littleproud, said mosquito trapping and control is being conducted at all infected piggeries, with movement restrictions in place for properties in Victoria, Queensland, New South Wales and South Australia.

“JEV is a mosquito-borne viral disease that can cause reproductive losses in pigs and, in some cases, encephalitis in horses,” Minister Littleproud said.

“Commercially produced pork meat or pork products are safe to consume and there are no food safety concerns.

“Our departments are working very closely with their state government counterparts and affected animal industries to ensure a swift and coordinated response.

“We are working with the pig industry to implement appropriate mosquito control measures and trapping and sampling.

“A national surveillance plan is being developed to identify and locate infected mosquitoes, birds, pigs—including feral pigs—horses and humans.

“Anyone who works with pigs or horses should be aware of this disease and protect themselves from being bitten by mosquitos.

“If you suspect an animal is showing signs of the disease, you must report it by contacting your local veterinarian or calling the national Emergency Animal Disease Watch.

“You should also take steps to protect your animals from mosquitoes—for instance, by applying a safe insect repellent and putting a summer rug on horses.”

JEV was declared a Communicable Disease Incident of National Significance on 4 March 2022 by the Chief Medical Officer.

For more information about the current human health situation visit: https://www.health.gov.au/health-alerts/japanese-encephalitis-virus-jev/about

For more information about the current animal health situation visit:

https://www.outbreak.gov.au/current-responses-to-outbreaks/japanese-encephalitis

Labor Commits $2.5 Million to Upgrade Historic Henson Park

An Albanese Labor Government will invest $2.5 million to upgrade the historic Henson Park rugby league ground in Sydney’s Inner West, transforming it into a multi-purpose sporting facility that will also host major AFL Womens matches.

This comes after the Sydney Swans recently announced that they will officially enter the AFLW in 2023, and the Giants AFLW team playing back-to-back matches at Henson Park in the 2022 season.

In a critical breakthrough for women’s sport locally, the project would also include construction of female change rooms.

The upgrade is a joint initiative of the AFL, Newtown Jets and Inner West Council.

With professional sport increasingly dominated by elite national competitions and mega-stadiums, Federal Labor values that suburban sporting facilities continue to perform a vital role in our communities.

These smaller grounds not only facilitate participation in healthy physical activity for people of all ages, but also enrich communities by bringing neighbours together to support their local teams.

In recent years Henson Park has had great success in attracting big crowds for Newtown Jets matches by marketing itself to families seeking the experience of “old school’’ suburban football.

This project is a winner all round – for the two major football codes, for female participation in sport and for the entire community of the Inner West.

Plans include:

  • Upgrading the King George V Memorial Grandstand including additional female friendly change rooms, amenities, medical and umpiring facilities as well as spectator facilities and disability access.
  • Upgrading the broadcast, coaches’ boxes and officials’ facilities to facilitate television broadcast of games.
  • Renewing the electronic scoreboard and public address system.
  • Upgraded toilet facilities including much needed disabled toilets.

NATIONAL CABINET STATEMENT

National Cabinet met today to discuss Australia’s response to COVID-19 and the Omicron variant, the ongoing safe reopening of Australia, resumption of cruising in Australia, approaches to test, trace isolate and quarantine and the vaccine rollout and booster program.

Chief Medical Officer Professor Paul Kelly provided an update on the spread of the Omicron variant. Overall case numbers continue to decline in Australia and the Omicron case variant continues to be the predominant variant in Australia and globally. Omicron continues to show greater infectivity than the Delta variant, but with much less severity in terms of hospitalisations, ICU and ventilated patients.

Since the beginning of the pandemic there have been 3,136,920 confirmed cases in Australia and, sadly, 5,549 people have died.

Globally there have been over 452.7 million cases and, sadly, over 6 million deaths, with 1,949,622 new cases and 7,240 deaths reported in the last 24 hours. The COVID-19 pandemic continues to surge in many countries around the world.

Lieutenant General John Frewen, DSC, AM, Coordinator General of the National COVID Vaccine Taskforce (Operation COVID Shield) provided a detailed briefing on the next phase in Australia’s vaccination rollout.    

Australia’s COVID-19 vaccine rollout continues to expand. To date, 54.9 million doses of COVID-19 vaccines have been administered in Australia, including over 12 million booster doses.

More than 94.7 per cent of Australians aged 16 years and over have now received a second dose, including more than 99 per cent of over 50 year olds.

Over 51 per cent of 5-11 year olds have received a first dose of a COVID-19 vaccine in the first two months of their vaccination program. Second dose vaccinations for 5-11 year olds commenced earlier this week. 

National Cabinet noted that Australia has largely transitioned to Phase D of the National Plan, with states and territories and the Commonwealth considering removing the remaining restrictions in the coming months, subject to continued public health advice.

National Cabinet will meet again in June 2022.

COVID-19 and Influenza Winter Preparedness and Response

National Cabinet agreed to a nationally consistent approach to manage both the COVID-19 pandemic and the likely co-circulation of influenza during winter 2022, to minimise health impacts while supporting the economy, with following key principles:

  1. focus public health policy on prevention of severe disease and targeting the most high risk cohorts for testing and treatments for both diseases;
  2. maximise COVID-19 and influenza vaccination coverage;
  3. ensure existing testing capacity is maintained, with agreed approaches to prioritise PCR testing for those at risk of severe disease, those in a household with someone at-risk, or those who would likely benefit from treatment;
  4. transition to no longer requiring quarantining of all close contacts as soon as possible, with AHPPC to provide urgent advice as soon as possible to inform this transition, appropriate to each jurisdiction;
  5. transition to not routinely undertaking PCR testing in otherwise healthy people with mild respiratory illness, and promote voluntary self-isolation while symptomatic for this group, following endorsement by AHPPC;
  6. transition to PCR testing for multiple respiratory pathogens simultaneously (multiplex PCR);
  7. ensure health, economic and social measures are in place to address the impacts of a possible new COVID-19 wave, including workforce shortages, supply chain issues, and pressures on specific sectors and individuals;
  8. states and territories should continue to support fever clinics and other community-based testing arrangements where demand requires it, noting these testing centres should also offer multiplex PCR testing;
  9. consistent messaging and communication strategies for the prevention, diagnosis and treatment of COVID-19 and influenza across all jurisdictions and population cohorts, with a key area for the communication strategy emphasising the importance of receiving the influenza vaccine and being fully vaccinated against COVID-19 this year; and
  10. reinforce business and individual responsibility for prevention, preparedness and response efforts.

National Cabinet further agreed that states and territories consider mandating influenza vaccination for aged care workers at residential aged care facilities.

National Cabinet noted that the Commonwealth is investing $2.1 billion to support and protect Australians against COVID-19 and influenza this winter and agreed to extend the COVID-19 National Partnership Agreement to 30 September 2022.

Resumption of Cruising

National Cabinet noted positive progress by the eastern states and the cruise industry to develop appropriate health protocols and common guidelines to support a safe return to cruising in their jurisdictions over the coming months.

COVID-19 Rapid Test Concessional Access Program

National Cabinet agreed to extend the COVID-19 Rapid Test Concessional Access Program to 31 July 2022, which will provide an additional 10 free RATs per eligible concession card holder over the additional three month period. The program will continue under the existing policy parameters, with costs to be shared on a 50:50 basis between the Commonwealth Government and each state and territory government.

Eligible Commonwealth concession card holders include those with a Commonwealth Seniors Health Card; Department of Veterans’ Affairs Gold, White or Orange Card; Health Care Card or Low Income Health Card. 

Joint National Japanese Encephalitis Virus Response Plan 

National Cabinet noted the update on the Japanese Encephalitis Virus (JEV) situation in Australia, from Australia’s Chief Veterinary Officer and Chief Medical Officer. 

National Cabinet noted the development of the Joint National Japanese Encephalitis Virus Response Plan, which will be finalised and endorsed  by the Australian Health Protection Principal Committee (AHPPC) and Chief Veterinary Officers in each jurisdiction. 

Consistent with this plan, National Cabinet agreed that each jurisdiction will undertake:

  1. to coordinate a One Health response that will inform the coordination mechanisms nationally;
  2. enhanced surveillance on mosquitoes, animals (including wildlife) and humans, consistent with what will be outlined in the national response plan to JEV and supporting surveillance plans;
  3. comprehensive data sharing on a national, state and territory level to enable the development of a clear picture of the risk of the disease;
  4. to commit to sharing lessons learned and strategies implemented for prevention, control, and response measures undertaken; and
  5. to use consistent cross-government messaging and communication strategies to ensure the public has clear, factual and timely information, appropriate to the public health and animal health risk posed by JEV.

To support these initiatives the Commonwealth Government will provide approximately $70 million in funding for initiatives aimed at preventing exposure to the disease through vaccination and mosquito management systems, to protect people and animals most at risk during the current outbreak, and targeted communication for at-risk areas.

The Chief Veterinary Officer also briefed National Cabinet on the outbreak of Lumpy Skin Disease in Indonesia. Lumpy Skin Disease affects cattle and water buffalo.

National Mental Health and Suicide Prevention Agreement 

National Cabinet noted that the National Mental Health and Suicide Prevention Agreement (National Agreement) has come into effect, following signing by the Commonwealth, New South Wales, Queensland, South Australian, Tasmanian and Northern Territory Treasurers.  

The National Agreement addresses key recommendations from the Productivity Commission’s Inquiry into Mental Health and the National Suicide Prevention Adviser’s Final Advice. It will: clarify roles and responsibilities; progress improvements in the mental health services available to adults, children and youth; establish collaborative approaches to monitoring and evaluation to ensure our services are providing people the help they need; reduce gaps in the system of care; expand and enhance the workforce, including the peer workforce; and work to improve mental health and suicide prevention for all Australians, across a range of settings.

The South Australian and New South Wales Governments have signed bilateral agreements with the Australian Government that will provide significant funding to implement initiatives under the National Agreement in their states. The Australian Government is continuing to work with all states on these important reforms. 

Federal Court decision confirms ABCC guidance on union flags, logos, mottos and indicia

The Federal Court has today clarified the legal interpretation of section 13(2)(j) of the Code for the Tendering and Performance of Building Work 2016. The Court has confirmed that union logos, mottos or indicia, including union flags, cannot be attached to property, clothing or equipment supplied by a Code covered employer on building sites.

Construction company Lendlease Building Contractors Pty Ltd had initiated proceedings in the Federal Court arguing its interpretation of section 13(2)(j) only prohibited union logos mottos or indicia being applied to the employer’s property where that material implied that union membership was not a free choice for each employee.

The CFMMEU intervened in the proceedings on the basis that section 13(2)(j), if interpreted in the manner proposed by the ABCC, infringed the freedom of political communication implied by the Australian Constitution and was therefore invalid.

Both Lendlease’s and the CFMMEU’s arguments advanced to challenge the compliance notice issued by the ABCC were rejected by the Court.

The Court considered the following examples of union logos, mottos or indicia to breach section 13(2)(j) of the Code when it was applied to clothing, property or equipment supplied or provided for by Lendlease:

Posters depicting the CFMMEU, ETU, PTEU or AMWU logos
Posters variously depicting the phrases “We support John Setka”, “Be paid up and proud”, “United we stand” and “When injustice becomes law, resistance becomes duty”
Posters or flags depicting the Eureka Stockade symbol.
The Court ruling has confirmed that all of this material in the manner it appeared on site amounts to breaches of the Code.

In considering the CFMMEU’s constitutional arguments, the Court observed:

“It is not in doubt that the construction industry in Australia has not had a happy history—at least not over the course of this century—of compliance with freedom of association laws. …[S]enior counsel for the CFMMEU very properly acknowledged …. that the “record is clear” that, although some within the ranks of building associations have sought to maximise union membership by means of lawful persuasion, others have preferred “a different approach”.

On any view, [s 13(2)(j) of the Building Code] has been incorporated to address a significant, cultural phenomenon within the construction industry that has endured for a long time, notwithstanding the very considerable efforts—legislative, executive and judicial—that have been engaged to address it.”

Commissioner Stephen McBurney said the Court’s decision provided clarity for all building industry participants about the interpretation of the Code’s provisions.

“The Court’s decision affirms that the application of any building association logo, motto or indicia to clothing, property or equipment supplied or provided for by the employer, is a breach of section 13(2)(j) of the Code.”

“Section 13(2)(j) is an important requirement for code covered construction companies. It reinforces the fundamental principle of freedom of association enshrined in the Fair Work Act. For building and construction workers, their decision on whether or not they join a union must be a matter of free choice,” Mr McBurney said.

AIR WARFARE INSTRUCTOR COURSE HAS COMMENCED

The Royal Australian Air Force (RAAF) has commenced the 2022 Diamond series of exercises for the third biennial Air Warfare Instructor Course (AWIC).

AWIC is a six-month course of intensive training, integrating warfighting functions across a range of specialisations within the Air Force. AWIC aims to provide commanders expertise in harnessing the combat potential of integrated air, space and cyber capabilities in support of the joint force.

Exercise Director, Group Captain Matthew Harper, said the Diamond series of exercises enhances and promotes RAAF’s interoperability with the Royal Australian Navy, Australian Army and international partners.

“AWIC22 encompasses a range of academic activities and practical exercises that expose the candidates to complex scenarios,” Group Captain Harper said.

“The course is tailored to meet the specific requirements of RAAF capability, aimed at broadening and improving their skills, graduating knowledgeable, approachable and expert warfighters.

“Establishing high-end warfighting scenarios ensures that on completion, the air warfare instructors can apply their newly developed skills in assisting RAAF to deliver air power as part of the joint force,” Group Captain Harper said.

The first of the three exercises that comprise AWIC, Exercise Diamond Seas, occurred in Rockhampton, Shoalwater Bay Training Area and Yeppoon, Queensland in February 2022.

Conducted over land and sea along the Eastern Australian Exercise Area, Exercise Diamond Seas provided AWIC candidates with important air-maritime integration training.

Diamond Shield will be the second of the AWIC training exercises occurring off the east coast of Australia, followed by Exercise Diamond Storm in the Northern Territory.

Training exercises such as the Diamond Series help ensure the Australian Defence Force (ADF) remains prepared to protect Australia and its national interests.

The ADF appreciates the support of the community during these crucial training activities and is committed to ensuring every effort is made to minimise impact to local residents.

Noise reduction and the environment are vital considerations in the planning and conduct of military flying. Information on aircraft noise and current flying activities is available at www.defence.gov.au/aircraftnoise or by calling 1300 DEFENCE (1300 333 362).