CFMEU court date brought forward
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The CFMEU has had its day in court fast-tracked.
The High Court of Australia has agreed to expedite a legal challenge by former officials of the Construction, Forestry, Mining and Energy Union (CFMEU) against the federal government’s decision to place the union under administration.
The case, led by Michael Ravbar, former CFMEU secretary for Queensland and the Northern Territory, and William Kane Lowth, former assistant secretary, centres on allegations that the law is unconstitutional.
The plaintiffs argue that the law, passed with bipartisan support from the Albanese government and the Coalition, limits their ability to make political donations and engage in political advocacy ahead of the federal election, due in May 2025.
They claim the law breaches the implied freedom of political communication by preventing the union from participating in the political process.
According to court documents, the law has “an impugned purpose of limiting or preventing” the union from donating to political campaigns or supporting candidates. The bill gained traction in part due to a letter from the prospective administrator, Mark Irving, indicating his intent to prohibit the union from making political donations or engaging in political advocacy.
On Friday, Acting Chief Justice Michelle Gordon approved a timetable to fast-track the case, allowing it to be heard as early as November 2024.
Lawyers for Ravbar and Lowth stressed the urgency of the matter, noting that it had “pressing consequences” for their ability to participate in the upcoming election.
The government maintains that the law is constitutionally sound and has confirmed it will defend the case.
The CFMEU’s forced administration follows serious allegations of criminal activity within the union, which were aired by 60 Minutes and The Age.
In response, the government passed legislation mandating the union’s administration, citing concerns about corruption and intimidation.
In a related development, the Communications, Electrical and Plumbing Union (CEPU) announced its disaffiliation from the Australian Council of Trade Unions (ACTU), a move attributed to the ACTU’s support for the administration of the CFMEU.
The CEPU, representing 100,000 workers, is now proposing the formation of a new grouping of blue-collar unions, which could encompass at least 250,000 workers.
Victorian secretary Troy Gray said that while the disaffiliation vote was “overwhelming” it was not unanimous. He added that blue-collar unions were seeking a peak body that represented “all unions, not just the select few”.
Amidst the growing divide, ACTU president Michele O’Neil emphasised the importance of unity.
“It’s always in the interest of workers to come together collectively within unions... to improve pay and conditions and rights and safety for workers,” she said.
The tensions within the CFMEU and other unions are further compounded by serious threats made against Workplace Relations Minister Murray Watt, following the legislation’s passage.
Sources close to Watt have allegedly told reporters that police were stationed outside his home due to these threats.
The appointed administrator has also warned that the issues within the union are more severe than previously revealed.