Construction industry a honeypot that capital and labour fight over

Don’t fall for the bogeyman theory of our troubled major constructions industry: its union has gone rogue, been infiltrated by criminal elements, and must be cleaned out, so life can return to normal. There’s much more to it than that.

But first, let’s be clear. I’m trying to explain the phenomenon, not make excuses for thuggery and lawbreaking – even if perpetrated by the union movement, with successive Labor governments pretending not to have noticed.

Anyone who remembers the exploits of Eddie Obeid in NSW knows Labor has form when it comes to turning a blind eye to illegality. Like the ACTU, Labor does need to clean up its act. And as always, lawbreaking should be punished.

Like every prime minister, premier, politician and union secretary in the country, I’ve long known that the construction union engages in thuggish, often illegal behaviour (see three royal commissions below). When my superannuation fund merged with the huge construction industry fund, I moved my money elsewhere.

But if it’s just a matter of Labor governments failing to punish the crimes of their union mates, ask yourself this: how come the Liberals haven’t fixed it? John Howard had almost a decade to do so, but the Australian Building and Construction Commission he set up in 2005 didn’t get far in the seven years before Labor abolished it.

Likewise, the Abbott government’s re-established commission didn’t get far in the seven or so years before the Albanese government re-abolished it last year.

This problem’s been around for at least 40 years. The Hawke government deregistered the Builders Labourers Federation in the 1980s, but that didn’t work. Liberal federal and NSW governments have set up three royal commissions – in 1992, 2003 and 2015 – to no avail.

All of which should make you wonder why it’s so hard to fix such a seemingly simple problem. Could it be that the Libs aren’t fair dinkum either? Could it be that the big construction companies aren’t all that fussed about their union’s bad behaviour?

If so, could it be that they’re not privately pressing the Libs actually to fix the problem rather than just score political points against Labor?

We’re hearing about small contractors who aren’t game to stand up to union bullies for fear of retribution. I don’t doubt it’s true. But the construction companies running the show are huge. I don’t believe that, if they really wanted to rid themselves of union thugs, they lack the brains or the wherewithal to make it happen.

Remember too that when it comes to industrial relations, it’s always the unions that look bad, never the employers. That’s because the world is run by bosses. When everyone does what the boss tells them to, there’s never a problem.

But when the workers form a union to challenge the boss’s decision to pay them peanuts – or to run worksites where you could lose your life – it’s always the union that’s making trouble. It’s always greedy workers who strike and make you walk to work, never intransigent bosses. The media almost invariably fall for this characterisation.

We’re hearing that the rogue union’s disruptions and success in extracting excessive wages and conditions have forced up the cost of big city buildings, railways and motorways. It may look that way, but I’m not sure that it’s true.

Nor am I persuaded by the claim that high wages in the construction sector have flowed through to home building, and so explain why it’s so hard to afford to buy a place. This is a tricky way of claiming that employed carpenters, sparkies, plumbers, tilers and all the rest are grossly overpaid. Bulldust.

And Peter Dutton’s attempt to link union thuggery to the cost-of-living crisis is laughable. Whatever the union’s doing to construction costs, it’s been doing for 40 years, not just the past two.

Next they’ll be telling us the bullying will force the Reserve Bank to raise interest rates again.

But consider this thought experiment. I reckon that if Anthony Albanese could wave a wand and remove all union presence from the construction industry, the effect on the cost of major constructions would be minor.

Why? Because, although the untrained don’t know it, and some economists seem to have forgotten it, the biggest single message of conventional economics is that market prices aren’t just set by the cost of production – supply – but by the interaction of supply with demand.

If it’s true that a rogue union’s demands have been able to push up the costs of constructing office towers and all the rest quite excessively, how come employers have had no trouble passing those excessive costs on to their customers?

Partly because the union has imposed the higher cost on all the businesses in the industry, but mainly because any outfit that wants a city building, or government that wants a motorway, has no choice but to pay up. When economists say that the demand for the output of the construction industry is highly “price inelastic”, that’s what they mean.

But why can the industry get away with high costs? Why do its customers have no choice but to pay? Two reasons. First, the industry enjoys “natural protection”. That is, you can’t import office blocks.

Second, the industry is dominated by a just few big companies. It’s an oligopoly. It lacks effective competition between the local players.

Point is, magically remove the unions and none of that changes. If so, why would the big companies lower their prices? Why wouldn’t they keep charging the prices they know the market will bear?

Not enough people understand the unions’ role in the economy and how they go about advancing their members’ interests. The mistake is to imagine that the bosses represent capitalism, whereas the unions represent anti-capitalism.

No. Union bosses are capitalists too. The true contest is between the representatives of the two main “factors of production”: capital and labour. So unions are an integral part of the modern capitalist system. They’re a countervailing force that helps keep the system in balance.

Take out the unions, and capital ends up with almost all the money, and the households whose income comes from selling their labour have very little. In which case, the capitalists have no one to buy their products. Unions save the capitalists from their own excesses.

But get this: the unions are rogue capitalists who try to beat the real capitalists at their own game. The most successful capitalism comes from finding a business where it’s possible to make super-profits (in the jargon, to earn “economic rent”).

Turns out that’s also what the most successful unions do: find an industry whose circumstances allow it to earn super-profits and then demand a generous share for the workers. Guess what? A good example of an industry earning economic rent is construction.

And my guess is that the construction industry oligopoly finds it quite convenient to have a union that goes around bullying smaller businesses. Why? Because what they’re doing is policing the industry’s “barriers to entry”.

Read more >>

Breaking news: unions play a central role, for good and ill

Welcome back to a tripartite world, where Labor has returned to power and its union mates are back inside the tent – and at last week’s jobs summit could be seen moving in their furniture. For those who don’t remember the 1983 glory days of Bob Hawke, Paul Keating, consensus, the Accord, and former ACTU secretary Bill Kelty as an honorary member of the cabinet, it will take some getting used to.

For those who’ve been watching only since the John Howard era, it may even seem unnatural. One of Howard’s first acts upon succeeding Hawke and Keating in 1996 was to delegitimise the unions.

He allowed the tripartite committees to lapse, and didn’t reappoint the ACTU secretary to the board of the Reserve Bank. I doubt if many even informal links between ministers and union leaders continued.

The Libs didn’t know the union bosses, and didn’t want to know ’em. They were the enemy – always had been, always would be. Big business bosses, on the other hand, would be privately consulted and were always welcome to phone up for a quiet word with the minister.

This, by the way, helps explain the Reserve Bank’s pro-business bias. Its board is loaded with business worthies - who are there to help keep the central bankers’ feet on the ground – and its extensive program of regular and formal “liaison” with key firms and industries, doesn’t include asking union leaders what they think’s happening.

If you wonder why Reserve governor Dr Philip Lowe’s remarks about wages can sometimes seem naive – even out of “boomer fantasy land” – it’s because he only ever hears the bosses’ side of the story. And I doubt if they ever shock his neoclassical socks by talking about how they exercise their market power.

It’s easy to justify the Liberals’ delegitimation of the unions by noting that, these days, only about 14 per cent of employees belong to a union. But if you find that argument persuasive, you’re revealing your ignorance of our wage-fixing institutions.

Most workers are subject to an industrial award, and there’s a union (and an employer or employer group) on one end of every award, and almost every enterprise agreement. In the Fair Work Commission’s annual wage review – which sets the wages of about a quarter of all employees – it’s the ACTU that stands against the employer groups arguing that times are tough, and they couldn’t possibly afford a rise of anything much.

So, to say the unions have what economists would call a giant “free-rider” problem – a lot of people happy to receive benefits without paying for them – is not to say they shouldn’t be given a seat at the table.

Liberals, business and their media cheer squad may be appalled by sanctification of the unions, but at least Labor’s making it clear it wants business to keep its seat at the table. It will be consulted. This too is Labor’s inheritance from the Hawke-Keating experience: to the extent possible, keep business on side.

The ACT’s second-biggest industry – lobbying – will be busier than ever. It’s third-biggest – consulting – not so much.

What all agreed at the summit is that Labor has taken over an economy with many structural problems that need fixing. Not the least of these is that the wage-bargaining system is broken.

What we learnt last week, from everything ministers said and from the 14-page “outcomes document” is that, in marked contrast to its predecessor, Labor does intend to fix things.

The whole summit, tripartite business is about giving all the key players a say in how things are fixed, giving them a heads-up on the government’s intentions, and an introduction to the minister. About winning support – or, at least, acquiescence – from as many of the powerful players as possible, to minimise the political risks of making changes.

Under Labor’s tripartism, the three parties aren’t equal. The government will, in the end, do what it decides to do. The unions start well ahead of business, because of their special relationship with a Labor government.

They have a further advantage over business: solidarity. The many unions are used to speaking with one, unified voice through the ACTU, whereas business fractures into big versus small, and rival employer groups. The unions know all about playing one business group off against another.

What business has to decide is whether it wants to stay in the government’s tent or walk out. Because, in business, pragmatism usually trumps idealism, my guess is that business will play ball for as long as Labor looks like staying in office.

After the summit ended, the ACTU’s statement said it had always “been clear that we need to get wages moving and increase skills and training for local workers in order for unions to support lifting skilled migration levels. We welcome that this summit has delivered those commitments.”

It was all a talk fest? No, a deal was done and that quote reveals just what the deal was. However, a big part of the business side didn’t support fixing the wage-bargaining system by returning to “multi-employer” bargaining.

What’s clear is that the government will be pressing on with some form of multi-employer bargaining. What isn’t yet clear is what that form will be. Until it’s finalised, business will be busy inside the tent pushing for whatever modifications it can get.

With Labor back in power and the unions back walking the halls of power, it’s important to understand the relationship between the two arms of the “labour movement”. Whereas the relationship between the Libs and business is quite informal, the relationship between Labor and the unions is highly formal. They’re not mates, they’re close rellos.

Historically, the unions set up the Labor Party to be their political arm. To this day, those unions that pay dues to the Labor Party still wield considerable influence over it and the members of the federal parliamentary caucus.

Labor parliamentarians are affiliated with particular unions, which gives some of the bigger unions considerable influence over preselections, on who gets to stay leader of the party, and on certain policy matters.

When Labor is in government, businesses in certain industries use their unions to get to the government. This explains why Labor governments haven’t done as much as they should to tighten up our competition law.

And whereas Howard left the Libs with a visceral hatred of industry super funds, Labor’s links with the unions – and the unions’ links with the ticket-clippers of the super industry – mean it can’t always be trusted to favour the interests of super members over super managers.

Read more >>