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’s key amendments, the latter voted against it in the House of Representatives, as did all other parties and cross benchers.
The Fair Work (Registered Organisations) Amendment (Administration) Bill 2024 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’s demands to include a three-year minimum period of administration and permanent bans on designated officials.
Labor also agreed to the Coalition’s insistence that the CFMEU be banned from making any political donations, or incurring any election campaign expenditure, while under administration.
Among other measures, the bill 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 “removed person” 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.
“Removed persons” 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 “provide assistance”. The administrator cannot be sued.
The CFMEU construction division said on August 20 the allegations were a “stitch up”.
“This has been a trial by media, overshadowing the principle of ‘innocent until proven guilty.’ Despite two taxpayer-funded Royal Commissions, NO evidence of corruption was found.”
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.
“Yet, 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.”
The CFMEU said Labor “once a champion of the working class, has turned its back on hard working Aussies”. It reserved special criticism of minister Murray Watt, “who once supported our members against the ABCC” but who “now endorses undemocratic powers for the Fair Work Commission to seize union finances and dismiss elected officials.
“He has just opened the door for the Libs to reinstate the ABCC.”
Zach Smith, CFMEU National Secretary, is considering a High Court challenge, saying “[Labor’s] political process was an affront to the rule of law and democracy”.
Meanwhile, two other left-wing Victorian unions supported Smith, condemning the bill as an “unprecedented attack on unions” and declaring “they would be willing to fund rearguard legal action”.
Peter Marshall from the United Firefighters Union said the views of 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 NSW Council for Civil Liberties said the bill violates Australia’s obligations under two of the International Labour Organisation’s articles — Freedom of Association and Protection of the Right to Organise Convention, 1948.
“Everyone has the right to natural justice and procedural fairness, regardless of the allegations they face,” NSWCLL said on August 18. But this law threatens the right to freedom of association, adding membership-based organisations across Australia must be protected.
“While 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,” the NSW CCL said.
Greens’ leader Adam Bandt said after the bill passed the Senate that it “lacked safeguards”.
“This bill means that if there is a change of government, Michaelia Cash could appoint Tony Abbott to be administrator of one of Australia’s most significant unions,” Bandt said.
Labor tried to claim the Greens support criminality in unions. Bandt told the ABC it was “unprecedented” for a government to step in and do “what the courts and other institutions should be doing”.
Greens MP for Griffith Max Chandler-Mather on X described the laws as “the most draconian laws” that Labor and the Coalition have introduced.
“Labor has set a precedent where parliament can seize control of a civil society group opposing the gov[ernment] and suspend their basic rights.”
National Tertiary Education Union members at the University of Sydney issued an open letter on August 20 calling on their union’s 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 rank-and-file CFMEU group and supporters met in Naarm/Melbourne on August 20 to initiate a community group in solidarity with the CFMEU and its members.
The group’s aims are to campaign against the Labor-Coalition bill and to support the CFMEU’s 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 CFMEU in Western Australia and the Australian Capital Territory have called protest rallies for August 27.