The [International Labor] Organisation's Committee of Experts in its report cites an ACTU complaint that the watchdog has overwhelmingly sought to investigate and take action against unions and their officials or employees rather than employers.

Chapter 3 of the Labour Inspection Convention, which Australia has ratified, says the function of labour inspectors is to "secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work."

The ABCC's inspectors should focus on this task, rather than seeking to pursue workers for breaches of the BCII Act, it says.

"The Committee considers that the prosecution of workers does not constitute part of the primary duties of inspectors and may not only seriously interfere with the effective discharge of their primary duties – which should be centred on the protection of workers under Article 3 of the Convention – but also prejudice the authority and impartiality necessary in the relations between inspectors and employers and workers," it says.

The problem is accentuated, the Committee says, by the fact that it has repeatedly found the BCII Act provisions under which workers are being prosecuted to be contrary to international labour standards.

It calls on the Federal Government (at page 489) to report on the measures it has taken, or plans to take, so its proposed Building Industry Inspectorate concentrates on enforcing employees' legal protections.

The ABCC should be abolished immediately: http://www.rightsonsite.org.au/