“The CFMEU has been denied basic natural justice. Trial by Parliament is not how we do things in Australia. This legislated attack on the CFMEU represents a terrifying precedent for all democratic trade unions. There is no place for criminality or corruption in our movement, and these are matters that should and must be dealt with by the Courts – not by politicians.” – ETU National Secretary Michael Wright
The ETU does not support the legislation brought forward by the Australian Government and now made law by the Australian Parliament, forcing the CFMEU Construction and General Division into administration.
This law is affront to our democracy and is a violation of the rights of members of democratically run unions, and it is a risk to the Australian union movement, as a whole.
The ETU stands firm against any criminal activity. The allegations made against the CMFEU are deeply serious. All these matters should be investigated, should be processed and should be, where relevant, dealt with by the courts. But the fundamental concern about the government’s conduct is they have legislated outcomes. This is not how we do the rule of law in Australia, we do not legislate outcomes.
The right to a trial is a critically important right for all Australians, including trade unionists. This basic right – even more fundamental than the presumption of innocence – is a core building block of Australian democracy.
In response to the Government’s actions and the forced appointment of an administrator to the CFMEU G&G Division, the ETU National Executive has agreed the ETU will stop all political donations to the ALP for the next federal election and will redirect the money towards funding a potential High Court challenge to the legislation.
The ETU Executive has also resolved to stop paying affiliation fees to the ACTU while the CFMEU remains suspended from the ACTU.
The ETU national executive motion says: “It is a cornerstone of our democracy that every organisation or individual has their right to due process and their day in court. The CFMEU has not been afforded that fundamental principle of natural justice, and the ETU will stand up against this unfair treatment, as should every other union.”
Since the CFMEU C&G division has been forced into administration, the ETU is gravely concerned by the administrator’s most recent decision to remove union representatives from the CBUS super board. This action is unprecedented and has dangerous implications for workers and their hard earned super.
The Parliament’s intervention, forcing administration on a trade union without a court process or a proper investigation, sets a dangerous precedent for civil rights.
If unions face such intense scrutiny, corporate Australia must be held to the same standard. The ETU demands an end to the double standard that sees working people and their representatives targeted while white-collar criminals escape justice.