Closing Loopholes has hamstrung productivity and housing targets

10 March 2026

Since 2023, Master Builders Australia has continued to highlight the consequences of the Federal Government’s Closing Loopholes reforms on the building and construction industry. In a comprehensive submission lodged with the Department of Employment and Workplace Relations, the peak body has called for:

• A return of clarity and certainty to reduce the risks associated with independent contracting.
• The curtailing of expanded union right of entry powers.
• Limits on the operation of potential Fair Work Commission orders that would set minimum standards for road transport supply chains. These orders have the potential to place obligations on the building and construction industry and adversely affect the delivery of key building materials.

Master Builders supports policies that promote safer and more productive workplaces but also encourages governments to consider the broader consequences of legislative and regulatory changes.

Balancing minimum conditions for workers with equal rights for employers while promoting job creation is crucial, and any legislation and regulation should be clear and simple to understand, reducing confusion and complexity for businesses.

“The right to be your own boss via independent contracting must be protected, and the threats to the broader construction supply chain addressed,” said Denita Wawn, CEO of Master Builders Australia.

“As we have reported, a recent application by the Transport Workers Union could set minimum standards up and down the supply chain having the potential to add unnecessary pressure, more red tape and increase costs.

“The industry has seen a history of bad behaviour and unfortunately, despite the work of the Administration, the use of the unions right of entry powers on safety grounds have a track record of abuse for unrelated purposes. Provisions that allow entry to site by union officials, to assist a health and safety representative, without a right of entry permit undermines a critical safeguard.

“The construction industry is critical to economic growth and addressing the current housing crisis, but without supportive policy settings, including a workplace relations framework that support growth, the industry is severely hamstrung,” concluded Ms Wawn.

Media contact: Dylan Hafey, Media Advisor

0497 330 064 | dylan.hafey@masterbuilders.com.au