Concerns grow over Labor鈥檚 anti-union, anti-CFMEU bill

August 15, 2024
Issue 
There is widespread concern about safety on the job if Labor's anti-CFMEU bill is passed. May Day in Gadigal Country/Sydney. Photo: Peter Boyle

Since the media first aired unproven corruption allegations in July against the Construction Forestry Maritime Employees Union (CFMEU), Labor has stepped up its attacks, including introducing聽.

Workplace relations minister Murray Watt had been working with the Coalition to get the Fair Work (Registered Organisations) Amendment (Administration) Bill 2024 passed.

But on August 15 the Liberals refused to vote it up, saying the bill was not strong enough.聽

The draconian bill would have the power to: appoint an administrator to run the union for up to three years; sack 268 elected office bearers and disqualify them for up to five years; discipline or expel union members; change union rules; and determine the timing of future union official elections.

Meanwhile, CFMEU officials who obstruct the administrator could cop either $940,000 in聽聽or two years behind bars.

Individuals who fail to comply with the administrator face a $188,000 fine, while unions that are deemed to be frustrating the process face fines of up to $4.7 million.

Finally, just to rub it in, the CFMEU will have to pay the administrator from its member funds: they will receive a聽聽of $621,870 a year, plus travel and allowances.

That administrator can do what they like as they are indemnified, in advance, against any claims arising from their conduct.

All this has come about after unsubstantiated claims arising from a Channel 9 TV program, which the union said it was following up internally.

The CFMEU has already appointed Geoffrey Watson SC to investigate alleged criminal wrongdoing, and compliance expert Susan Halliday and governance expert Michael Paynter to review the union鈥檚 internal structure and governance.

Watt and Labor have ignored this, arguing they have been forced to submit their bill as the Federal Court did not agree to a Fair Work Commission application to appoint an administrator.

The CFMEU has resisted the FWC application.

The Coalition has put聽 to 鈥渢oughen鈥 the bill. It聽also wants a Senate inquiry into the union.

Significantly, Master Builders Association (MBA) CEO Denita Wawn .聽The MBA wants state intervention as soon as possible because it stands to gain if the CFMEU is unable to oppose health and safety dangers on site, or support better pay claims.

The Greens are worried the bill could override court processes and say it has been too rushed.

said: 鈥淲e鈥檙e not going to be railroaded by the government鈥檚 timetable, especially given the disaster of last time鈥 鈥 a reference to Labor鈥檚 disastrous Migration Amendment Bill.

The Greens are also worried that a possible聽聽government would effectively control the CFMEU 鈥 a potential disaster for construction workers鈥 wages and safety.

Meanwhile, more unions and community groups are beginning to speak out.

The Building Industry Group (BIG) unions expressed outrage at Labor鈥檚 bill on August 9, saying the CFMEU had not had a chance to respond to the FWC hearing.

BIG covers electrical, plumbing and metal trades, as well as construction workers. It said it would be 鈥渟trongly opposed鈥 to legislation before the CFMEU has a chance to investigate internally.

It said the bill 鈥渞epresents the greatest attack on workers鈥 democracy鈥.

CFMEU National Secretary Zach Smith condemned Labor on August 9 for its 鈥渦nilateral鈥 action and 鈥渇ull frontal鈥 attack on the union.

He said the CFMEU is doing everything possible to investigate alleged corruption.

Steve Murphy, National Secretary of the , said it supports Smith鈥檚 leadership and 鈥渢he CFMEU鈥檚 proud history as a strong, democratic union鈥.

Murphy said Labor must 鈥渨ork cooperatively鈥 with Smith and 鈥渆nsure that the principles of procedural fairness are applied at all times鈥. But he stopped short of demanding the federal government pull its anti-union legislation.

Will Tracey WA Branch Secretary Maritime Union of Australia (MUA), in an email to members, said the bill is a 鈥渃omplete betrayal鈥 by the 鈥渟o-called workers party鈥. The bill 鈥渁ttacks the fundamental nature of the industrial democracy that underpins trade unions in this country 鈥 the right for union members to choose their own leaders.

鈥淚t鈥檚 a blatant attack on workers, their organisation and the fundamental right to organise, represent and defend ourselves collectively!鈥 Tracey said.

鈥淭his would not be acceptable in any other part of society and should not be tolerated here simply because of the perverse media pile on and shrill support from conservatives.鈥

Meanwhile, 聽issued an open letter on August 13 calling on MPs to vote against Labor鈥檚 bill as 鈥渢he attack on the CFMEU is an attack on workers鈥 rights鈥.

It said the bill is a 鈥渢errible precedent鈥 and 鈥渢he consequence will be a loss of lives and livelihoods鈥 that will only benefit the bosses.

are considering leafleting building sites with information about what workers will lose if Labor鈥檚 anti-union bill is passed. A community solidarity rally for construction workers is also being considered.

[This article was amended after the Senate rejected the聽Fair Work (Registered Organisations) Amendment (Administration) Bill 2024 on August 15.]

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