After nearly two months of silence, Australian Council of Trade Unions (ACTU) Secretary Sally McManus released a video on X, on September 9, defending Labor’s new anti-Construction Forestry Maritime Employees Union (CFMEU) law.
McManus joined politicians, mainstream media and Mark Irving, the government-appointed administrator, to condemn the CFMEU leadership.
McManus justified backing Labor’s draconian anti-union laws, which passed on August 20, claiming the CFMEU had not responded to her request it stand down corrupt officials.
Yet, Zach Smith, National Secretary of the CFMEU Construction Division, did place the Victorian branch under internal national administration, just days after the corruption claims had been levelled on July 14.
Smith had assumed all senior executive powers and appointed Geoffrey Watson SC to investigate the alleged criminal wrongdoing. He also employed experts Susan Halliday and Michael Paynter to review the union’s internal structures and governance. He also sacked eight CFMEU shop stewards, allegedly members of outlawed motorcycle gangs.
Only one official, from nearly two dozen who have been sacked or stood down by the administrator, has been charged with criminal activity. Two former officials had outstanding charges, predating administration. All say they are innocent, and none have had their day in court.
McManus joined with the powers ranged against the CFMEU to deny the union due process and individual leaders the presumption of innocence, or any form of natural justice.
Only seven years ago, after being newly appointed as the ACTU secretary in March 2017, McManus said she had no problem with breaking unjust laws. She told the ABC’s 7.30 that she would not distance herself from the CFMEU which, at the time, faced 118 separate legal proceedings in various courts around Australia.
McManus said the CFMEU had been fined for taking “illegal” industrial action, but that “our current laws are wrong”.
“Quite often these workers have stopped when a worker has been killed on a building site,” she said.
McManus and Irving have joined forces to throw more sensational, but unsubstantiated, allegations against the union. They include threats, harassment, assaults and abuse against workers and other union officials, as well as dealing with criminal figures, kickbacks and corruption.
None of these allegations have been proven and some, such as against former CFMEU Victorian Assistant Secretary Derek Christopher, have remained open but not bought to court for five years, due to lack of evidence.
Christopher faced federal and state police investigations into allegations he received free labour and materials from building contractors to renovate his suburban family home.
Channel 9’s 60 Minutes interviewed disgruntled union activist Robbie Cecala on September 8. He said union delegates and members are tired of a “culture” of self-interest and nepotism in the CFMEU leadership.
Many rank-and-file CFMEU members do not agree. While they do not support any form of corruption, they see the union defending their safety and wages in the context of a pro-developer, multi-billion dollar industry.
As Will Tracey, Secretary of the Maritime Union of Australia WA, in an opinion piece defending the CFMEU in the West Australian on September 9, said unions, broadly, look to achieve “safety for workers and a fair price for their labour”.
He said leading into a federal election, where there will be a lot of talk about cost-of-living pressures, “a smorgasbord of policies” will offer temporary relief.
“But the gap between the affluent and the rest will only be reduced through economic policy that looks at structural change, and a strong union movement arguing for real wages growth.
“There is a direct, proved correlation between wealth inequality and declining union membership … so action against the CFMEU may be politically expedient.
“It might neutralise predictable political attack from conservatives who, in any case, are ultimately on the side of capital — not of workers.”
Since the union was put under administration, several companies have reneged on agreed pay rises, including to those in labour hire firms which have been accused of alleged organised crime links.
There are rumours that rostered days off are under threat — a serious concern for workers who are regularly asked to work 56 hours or more a week.
Meanwhile, unions continue to discuss their position on Labor’s new anti-CFMEU laws.
The Communications, Electrical and Plumbing Union, which represents 100,000 electricians, postal workers and plumbers, voted on September 5 to leave the ACTU and to withdraw from trades halls in Magan-djin/Brisbane and Gimuy/Cairns.
The Australian Education Union in Queensland, and Geelong and Bendigo Trades Halls have passed solidarity motions with the CFMEU.
The Defend the Union — Defend the CFMEU group in Victoria is also calling for the CFMEU rank and-file group to run its own branch meetings, as the Victorian administrator, Grahame McCulloch, cancelled one in August without discussion.
The Building Industry Group of unions has called a combined shop stewards meeting on September 12 at Moonee Valley, in Victoria, to discuss their enterprise agreement and update members on the next steps in the campaign to defend the CFMEU. Victorian ETU Secretary Troy Gray said the union wanted to lock in a new industry-wide agreement ahead of the federal election.
They voted to support a rally for their enterprise agreement and in defence of the CFMEU on September 18.