Labor passed its draconian anti-Construction Forestry Maritime Employees Union (CFMEU) bill through the House of Representatives on August 20, by six votes.
The new law will deprive construction workers of their democratic right to elect their representatives and will impact their ability to organise collectively on the job, including for their own safety.
After Labor accepted the Coalition鈥檚 key amendments, the latter voted against it in the House of Representatives, as did all other parties and cross benchers.
The places all construction division branches of the CFMEU, including those not implicated in any alleged corruption (Western Australia and the Australian Capital Territory) into administration.
Labor minister Murray Watt agreed with Michaelia Cash鈥檚 demands to include a three-year minimum period of administration and permanent bans on designated officials.
Labor also agreed to the Coalition鈥檚 insistence that the CFMEU be banned from making any political donations, or incurring any election campaign expenditure, while under administration.
Among other measures, the installs a government-appointed leadership to the construction division of the CFMEU, preventing members from electing their own leaders for three years.
It gives the administrator the power to expel union members and disqualify union representatives for up to five years.
A new category of 鈥渞emoved person鈥 has been created within the Fair Work Act 2009. That could be an official, employees or union delegate.
They will not be able to act as a bargaining representative unless they get permission from the Fair Work Commission.
鈥淩emoved persons鈥 will not be able to work for the union or be elected or appointed to a union position, or risk a $187,800 fine.
The bill states that the new administration scheme will override the Fair Work (Registered Organisations) Act 2009 or CFMEU rules.
It allows the administrator to compel people to provide information, surrender documents and 鈥減rovide assistance鈥. The administrator cannot be sued.
The said on August 20 the allegations were a 鈥渟titch up鈥.
鈥淭his has been a聽trial by media, overshadowing the principle of 鈥榠nnocent until proven guilty.鈥 Despite two taxpayer-funded Royal Commissions, NO evidence of corruption was found.鈥
It said while corruption allegations were proven to be true in the two big supermarkets, the national airline and the big banks, no administrators were brought in.
鈥淵et, in a matter of days, with no credible evidence other than sensationalised media headlines, none of which have been afforded due process, a basic right in any democracy, this Government is prepared to destroy a Union and sack member elected officials.鈥
The CFMEU said Labor 鈥渙nce a champion of the working class, has turned its back on hard working Aussies鈥. It reserved special criticism of minister Murray Watt, 鈥渨ho once supported our members against the ABCC鈥 but who 鈥渘ow endorses undemocratic powers for the Fair Work Commission to seize union finances and dismiss elected officials.
鈥淗e has just opened the door for the Libs to reinstate the ABCC.鈥
Zach Smith, CFMEU National Secretary, is considering a High Court challenge, saying 鈥淸Labor鈥檚] political process was an affront to the rule of law and democracy鈥.
Meanwhile, two other left-wing Victorian unions supported Smith, condemning the bill as an 鈥渦nprecedented attack on unions鈥 and declaring 鈥渢hey would be willing to fund rearguard legal action鈥.
Peter Marshall from the United Firefighters Union said the views of聽CFMEU members had been overlooked and natural justice ignored.
Troy Gray, Victorian Secretary of the Electrical Trades Union, said the bill betrayed the union movement. He believed that there were at least another half dozen unions that would help fund a High Court challenge.
The said the bill violates Australia鈥檚 obligations under two of the International Labour Organisation鈥檚 articles 鈥 Freedom of Association and Protection of the Right to Organise Convention, 1948.
鈥淓veryone has the right to natural justice and procedural fairness, regardless of the allegations they face,鈥 NSWCLL said on August 18. But this law threatens the right to freedom of association, adding membership-based organisations across Australia must be protected.
鈥淲hile any allegation of criminality is serious and must be addressed, the powers set out in this bill are far-reaching and establish a dangerous precedent for the trade union movement, membership-based organisations, and the rights of individuals to natural justice and procedural fairness,鈥 the .
Greens鈥 leader Adam Bandt said after the bill passed the Senate that it 鈥渓acked safeguards鈥.
鈥淭his bill means that if there is a change of government,聽Michaelia Cash聽could appoint聽Tony Abbott聽to be administrator of one of Australia鈥檚 most significant unions,鈥 Bandt聽said.
Labor tried to claim the Greens support criminality in unions. it was 鈥渦nprecedented鈥 for a government to step in and do 鈥渨hat the courts and other institutions should be doing鈥.
Greens MP for Griffith described the laws as 鈥渢he most draconian laws鈥 that Labor and the Coalition have introduced.
鈥淟abor has set a precedent where parliament can seize control of a civil society group opposing the gov[ernment] and suspend their basic rights.鈥
members at the University of Sydney issued an open letter on August 20 calling on their union鈥檚 National Executive to publicly oppose the new bill and campaign for the Australian Council of Trade Unions to immediately lift its suspension of the CFMEU.
A and supporters met in Naarm/Melbourne on August 20 to initiate a community group in solidarity with the CFMEU and its members.
The group鈥檚 aims are to campaign against the Labor-Coalition bill and to support the CFMEU鈥檚 right to run its internal investigation against alleged corruption. The group will meet again on August 29 to discuss next steps and elect spokespeople.
Meanwhile, the and the have called protest rallies for August 27.