- by Anna Pha
- The Guardian
- Issue #2110
Photo: Anna Pha
Not all delegates at the NSW ALP conference rose to their feet for PM Anthony Albanese. Electrical Trades Union (ETU) representatives remained seated, and when Albanese went to the podium to address the conference they rose to their feet and walked out.
It was a demonstration of solidarity. The ETU members were acting in solidarity with the Construction Division of the CFMEU. The CFMEU’s affiliation has been suspended indefinitely in response to allegations made by Nine Entertainment in an ongoing torrent of articles, and a 60 Minutes program attacking the CFMEU.
Nine – acting as judge, jury and executioner – alleged the Victorian branch has ties to organised crime and bikie gangs, was involved in kickback offers and corruption. It also targeted the then secretary of the Victorian branch, John Setka.
Nine’s publications have also attempted to tie the construction industry’s superannuation fund Cbus into its corruption allegations. This is part of a wider attack on industry superannuation funds on behalf of the finance sector who want to get their grubby hands on workers’ retirement savings.
CFMEU national secretary Zach Smith responded quickly to the allegations placing the Victorian branch into administration under the national office and promising an independent investigation.
Albanese, attempting to prove he is tougher on unions than the Opposition, decided to appoint an external administrator. This is being handled by the General Manager of the Fair Work Commission, Murray Furlong, a former Executive Director of the Australian Building and Construction Commissioners’ office.
The ETU ran a full-page ad in the Australian Financial Review damning the actions of the government and Nine Entertainment.
“Unions are democratic organisations, and ultimately should always act in the interests of their members. Allegations of illegal activity should be thoroughly investigated and follow a due legal process, with the presumption of innocence until proven guilty. To be clear, if any individual is found guilty of criminal conduct they should face the full force of the law,” the ad said.
“However. the ETU is deeply concerned with the unprecedented legislative threat of intervention into an independent, democratically elected trade union.”
The ETU also pointed to the double standards of Nine’s attack: “The stark contrast with the treatment of white-collar misconduct in Australia is both alarming and deeply unfair.
“Following the 2018 Banking Royal Commission, major banks were exposed for egregious misconduct, including stealing from deceased customers and facilitating money laundering. Yet, they faced mere fines and administrative changes. No bank was threatened with deregistration or external administration, unlike the CFMEU which faces these threats before any formal inquiry.
“We must also question why white-collar corruption in the construction industry goes largely unchecked while unions are condemned without due process.”
The ETU called for equal application of the law to all including a thorough and transparent investigation that affords the CFMEU procedural fairness.
DANGEROUS PRECEDENT
“The Federal government’s intervention, threatening administration without a court process or a proper investigation, sets a dangerous precedent for civil rights. This reeks of short term electoral expedience, with workers left as collateral damage,” the ETU said.
“The Federal government’s overreach in this matter is deeply troubling.”
The presumption of innocence has been jettisoned.
It’s not just construction workers who will be affected. This is an attack on all unions and workers.
The federal government should back off, let any criminal investigations be carried out by the relevant authorities and the national office of the CFMEU manage the union’s affairs.
KNEE-JERK RESPONSE
Labor’s national executive wasted no time in indefinitely suspending the CFMEU construction division’s affiliation with the NSW, Victorian, South Australian and Tasmanian ALP branches.
The Coalition will introduce a private members bill when parliament resumes in August to re-establish the Australian Building and Construction Commission (ABCC). Dutton is also calling for the return of unspecified elements of the Ensuring Integrity Bill which would apply to all trade unions. (See Guardian #2109, “Ensuring Intimidation”)
The bill gives courts incredible powers to deregister a union or disqualify union officials where a right of entry permit has been revoked or the union is involved in “obstructive” unprotected industrial action – whatever “obstructive” means. Is it obstructing work, holding a picket when a boss has locked out workers?
In addition to a number of other equally punitive conditions for legitimate trade union activity, there is a catch-all “any other matter the Court considers relevant.”
If the Coalition wins the next elections, it plans to bring back Howard’s WorkChoices with individual work contracts, and a number of other provisions attacking wages and conditions.
The ABCC was a political animal, a discredited, draconian authoritarian organisation that hounded the CFMEU on behalf of construction companies.
It breached Australia’s international obligations, persecuted workers and stripped away the right of silence from workers. Officially its job was to enforce industrial relations law in the industry. In practice, it overlooked employer breaches while focusing on the CFMEU, regardless of how trivial matters were. The CFMEU, its officials and members were hit by penalties totalling millions of dollars.
Solidarity is the key. A message to Albanese and Co: Hands off the CFMEU!
