Liberal and NDP MPPs have crushed controversial Progressive Conservative legislation that would have helped construction giant EllisDon.

Premier Kathleen Wynne, who flip-flopped on her support for the private member’s bill pushed by Conservative MPP Monte McNaughton, said Tuesday the change that bill sought was “unnecessary.”

When McNaughton (Lambton-Kent-Middlesex) proposed it, Wynne said the legislation corrected a historical anomaly binding EllisDon to a 1958 agreement requiring it to use unionized workers only, which left the firm at a competitive disadvantage.

But under pressure from union leaders, New Democrats, and some Liberals, the premier changed her tune, citing a recent Ontario Divisional Court ruling that quashed the decision by the Ontario Labour Relations Board tying EllisDon to the 55-year-old arrangement.

“I have said that the divisional court decision, which puts in place the status quo, renders the legislation unnecessary and I don’t think there is any urgency. There has been no leave to appeal granted,” she told reporters attending a news conference at Centennial College.

While Wynne skipped the 60-33 vote, all but two Liberals – MPPs Steve Del Duca (Vaughan) and Donna Cansfield (Etobicoke Centre) – opposed Bill 74.

McNaughton, who denied his legislation was a sop to EllisDon, a major financial donor to the Liberals and the Tories, said it was “pathetic” that “this premier flipped and flopped.”

However, there was a schism in the Tory ranks, as well. Sources say PC MPPs who opposed the bill were instructed not to be in the house for the vote, including Randy Hillier (Lanark-Frontenac-Lennox and Addington), who had questioned the wisdom of doing one company’s bidding.

In all, five Conservatives absented themselves to avoid publicly breaking with their party.

Tom Howell, EllisDon’s vice-president of labour relations, praised McNaughton for “his commitment to fairness and a level playing field for Ontario construction companies.”

“We regret that the Liberal Party did not see fit to follow through on its original commitment to Bill 74,” Howell said in a statement.

NDP Leader Andrea Horwath, for her part, said she was concerned about the “anti-labour” legislation.

“We’re happy the bill didn’t pass,” said Horwath.