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“I think so.”
After more than a month in court and a week in Parliament, the path is now clear to bring the construction and general division of the CFMEU into administration.
Minister for Employment and Workplace Relations Murray Watt calls it a victory for Australians.
“I think all Australians, including construction workers, have been very disturbed by the allegations we have seen recently that organized crime and motorcycles are infiltrating the CFMEU construction division and the entire construction industry. construction. The passage of this legislation means that the days of “Organized crime and biker influence in the CFMEU construction division and across the industry as a whole are coming to an end.”
The final agreement between the two main parties foresees that the administration period will last a minimum of three years rather than a maximum of three years.
The Fair Work Commission must report on the Senate’s estimates, and the union will be barred from making political donations – a priority for opposition industrial relations spokeswoman Michaelia Cash.
“To ensure that the CFMEU, under administration, does not incur any form of political campaign expenses or make donations to political parties.”
The decision on who becomes an administrator rests with the Fair Work Commission, but the Government expects it will choose to appoint Mark Irving, who was appointed by the Fair Work Commission as it attempted to place the union under judicial administration.
The Greens voted against the bill, which leader Adam Bandt considers hasty legislation.
“This is what happens when you rush through serious legislation like this. Proceedings are underway in the courts. There is no tolerance for sexism, violence, corruption. All of these things have no their place in any workplace or in any organization, be it a business, a union or a government. But what Labor and anti-worker Liberals have done is. is passing hasty legislation that constitutes an unprecedented attack on the rule of law.
Distinguished Professor Anthony Forsyth is from the RMIT Graduate School of Business and Law.
According to him, the changes are important, but justified.
“This is not something that should be done lightly. And there are even principles of international law regarding independence and freedom from state interference in unions that can be violated here. But it becomes a matter of necessity, and when a union ceases to function primarily in the interests of the members, which appears to be what happened here.”
Professor Forsyth says that for workers on the ground, the biggest change will be who represents them.
“Up to about 270 officials from the national union and state branches will have their positions vacant, so members will notice a change in terms of the absence of that leadership. And that may also extend to organizers who are public servants employed by the union.
He notes, however, that the loss of experience could have consequences.
“With the withdrawal of so many officials and delegates, there will be a consequent loss of certain industrial skills and knowledge and what these people bring to the negotiations. Much will depend on who the administrator can identify in internally to step up and replace those whose positions are vacant.
Professor Forsyth says it could be difficult to find people to fill the positions.
“The administration’s goal is to move the union from one that is not currently functioning, primarily, effectively in the interests of its members, to one capable of doing so in a state free of corruption and crime. over a five-year period “But it’s a big challenge, because it really requires identifying the next group of leaders who can come forward and who, in many ways, have the courage to come forward and. to be the future leadership of the union. “
The union will still have the option to appeal to the courts – something the government has planned for, according to Mr Watt.
“I think anyone who knows the record of the CFMEU will recognize that it is very likely that they will try to find ways to legally challenge this. We have written this legislation in a way that will withstand as many legal challenges as possible, but it Wouldn’t surprise me at all if we saw the CFMEU go to court, as they often seem to do.”
The government hopes the process will be finalized by the end of the month.
