Allegations of criminality within any industry are without doubt worthy of investigation, but the wholesale government takeover of an effective union and all its branches, based on allegations alone, is a bridge too far.
In a world of fake unions and opportunistic politically motivated outfits, against the consolidated power of corporate capital, it will be workers who suffer the breakdown of representation when union power is diluted.
By using the power of the parliament to circumvent previously legislated provisions to force the CFMEU into administration without the scrutiny of the courts, the Federal Government has set a dangerous precedent for other unions. On a more fundamental level, this intervention is a fierce abrogation of natural justice – denying the accused officials their opportunity to defend the vague allegations that have been aired only through the media.
Beyond the dangerous precedent that rushed legislated administration sets for other unions, a road map to ensure subservience to the will of governments and management alike, this intervention continues to show itself as a fierce abrogation of natural justice.
The construction industry has always been renowned for employers and contractors who are fast and loose with both the law and safety requirements. Connections with organised crime and the employment ex-criminals looking for a fresh start should come as no surprise but should never be placed in the same basket – the construction industry has always been one to support the rehabilitation and equal opportunity of people looking for an honest day’s work.
Employers have a responsibility to screen the appointment and engagement of new contractors and employees, including their conduct throughout ongoing operations. It should be noted that this also includes themselves not participating in criminal behaviour which extends to their alleged willingness to bribe the industry.
No doubt more needs to be done to reign in the cowboy behaviour we see across the industry, something the RTBU fights for daily on rail projects, but taking a narrow lens on the union and not employers is simply an opportunistic attack on a union with a reputation for putting members first.
Across the world there are few jurisdictions with workplace health and safety incident records as low as Australia in the building industry. This is unequivocally due to the powerful presence of the CFMEU on-site, holding employers accountable and fighting for what is right. Without the actions of the CFMEU and their women’s committee, constriction companies would still be refusing to provide toilets for women on site!
Delivering strong wages and conditions for members in a rough and dangerous industry has put a big target on their back and has solidified their outcomes as the envy of many other workers without a strong union by their side.
We all know it takes two to tango. If the CFMEU has been infiltrated by criminals, then the logic holds that construction companies have also been infiltrated by criminals. Despite this, we have not seen action within the wider industry commensurate with the that taken against the union – a hallmark of union bashing efforts by governments looking to diminish the strength of unions and protect corporate profits.
Placed into administration on the back of media reports making allegations against a handful of people that have not yet been tested in the courts or even investigated by any other relevant regulatory bodies, the rest of the union and its members are being made to suffer weakened representation for the next three to five years.
This is an attack on all of us. As a fighting union who won’t kowtow to the wishes of governments and big corporates, we have a duty to stand on the right side of history and challenge the approach taken by the government.
The RTBU will continue to take a strong stand for the justice and representation of workers willing to fight back to get justice at work. We have already done this through representations made by our National Office to the Federal Government and through our attendance at rallies across the country.
A rising tide lifts all boats and working side-by-side with the CFMEU on rail projects has delivered stronger outcomes for all members. Over the years the CFMEU has stood with rail workers time and time again including their attendance marching in numbers with RTBU members at our rallies and stop-work actions in the 2015, 2019 and 2023 enterprise bargaining rounds.
The RTBU won’t back down from a fight against injustice and will always put the interests of hard working members first.