THE Royal Commission report into Trade Unions should be relegated to the dustbin of 2015, along with Abbott and Co,’ said Australian Construction, Forestry, Mining and Energy Union (CFMEU) National Construction Secretary Dave Noonan on Thursday.
The CFMEU said it welcomed the decision of the Turnbull Government to bury the final report of Abbott’s Royal Commission into Trade Unions by releasing it in the dying days of 2015. Noonan said that recent comments by Tony Abbott and former Workplace Minister Eric Abetz in the media, where they discussed the outcome of the report before its release, proves the overt political bias of the Commission.
‘It was a predetermined outcome. Dyson Heydon had his instructions from the beginning. That’s why this report deserves to be relegated to the dustbin of 2015 along with Abbott himself, Brough, Briggs and Abetz’s ministerial term. ‘My hope, like that of many Australians, is that the Turnbull government will turn its attention to more positive pursuits in 2016,’ he said.
The lengthy report of the Royal Commission was released on Thursday after almost two years of hearings that cost taxpayers tens of millions of dollars. During the course of the Commission, it was revealed that former Justice Heydon had agreed to speak at a Liberal Party fundraiser. When the unions asked him to step aside because of the perception of bias, he declined.
‘Dyson Heydon should have stood aside,’ Noonan said. ‘You can’t sit on a politically charged Royal Commission and speak at Liberal party fundraisers. It’s just not on.’ Noonan said the report – which he described as tiresomely long and vitriolic in parts – will achieve little. Despite the enormous resources expended looking into our union, the report comes up with very little of substance.
‘Some officials in NSW raised funds for victims of a building accident and are accused of minor breaches of charity laws. This is pretty minor stuff. Maybe they were jay-walking at the time too. It’s all very petty and like Tony Abbott, very passé.’
Noonan said: ”If the Turnbull Government was serious about rooting out rorters, rogues and crooks, the Liberal Party would be a good place to start. They could start with Bishop, Briggs and Brough, then travel further down the alphabet to Mantach, their chief in Victoria who stole $1.5 million,’ he alleged.
Noonan said that the matters of substance in the report could have easily been dealt with using existing mechanisms such as the Federal Police. ‘We have always said that we will cooperate with the police in investigating any allegations of corruption. In the construction industry there are plenty of real issues that need investigating. Safety is at an all-time low. Fatalities and accidents continue as employers cut corners and avoid their legal responsibilities. Phoenixing is hurting small businesses and workers as companies take advantage of legal loopholes to avoid paying debts, taxes and wages.’
(Phoenixing, or phoenixism, are terms used to describe the practice of carrying on the same business or trade successively through a series of companies where each becomes insolvent (can’t pay their debts) in turn. Each time this happens, the insolvent company’s business, but not its debts, is transferred to a new, similar ‘phoenix’ company.)
Noonan continued: ‘The focus of the Turnbull Government should be on these issues as well as investigating the return of black lung in the mining industry and doing something about the use of flag of convenience ships to ply the seagoing trade between Australian ports. Rather than attack workers’ pay and conditions and wage war on the low paid through the eradication of penalty rates, we call on the Prime Minister to put resources into backing ordinary Australians as they seek to build a life for themselves and their families.
‘When their workplaces are safe and half their wage isn’t been taken away from them, working people might also share Mr Turnbull’s excitement about living in Australia. In 2016, Mr Turnbull can really excite us if he attends to the real problems that working people face and not the imaginary problems of a previous ideologically blinded leader.’
Australian Council of Trades Unions (ACTU) Secretary Dave Oliver stated: ‘This Royal Commission was a biased and politically motivated exercise from the start. It was always about prosecuting an ideological agenda to cut workplace conditions. The release of this report, just a week after the Productivity Commission recommended slashing penalty rates, show this Government’s real intention to slash living standards for working families.
‘I reject any assertion of widespread, unlawful corrupt conduct. There is no evidence of systemic, corrupt conduct in the union movement. Over five thousand union officials and tens of thousands of delegates across the country defend employees’ working conditions and make workplaces safer every day. We are very happy to have a sensible discussion about further reform that will deliver the best governance standards for union members.
‘However, this cannot come at the expense of the capacity of workers to engage collectively, fight for improved wages and conditions and safer workplaces. Between 2009-13, 837 workers in the industries investigated by this Royal Commissioner have died doing their job. We are very concerned some recommendations will make it harder for workers to raise safety concerns in their workplace.
‘This Royal Commission went back 30 years, spent $8m taxpayers’ money, examined 505 witnesses and has found only a handful of matters to prosecute. We call on Prime Minister Turnbull not to rush through any legislation until such time as we’ve had an opportunity to have these discussions with the government, the Labor Party and the cross-benchers. We will not let debate about these findings distract us from our core business – protecting the real interests of working families and building a better future for all Australians.’
The Transport Workers’ Union (TWU) responded by demanding that the Royal Commission formally apologise to its 90,000 members after the report found no new information during its two-year investigation into the trade union. The TWU has called for the $1 million of members’ money it was forced to spend in answering questions from the Commission to be returned.
‘The Transport Workers’ Union should never have been called before the Royal Commission. This final report refers to a matter which the TWU already had investigated and turned over to the appropriate authorities. No new information was found in the Royal Commission’s inquiry into the matter,’ said Tony Sheldon TWU National Secretary.
The Royal Commission report states, ‘the TWU deserves commendation’ for its investigation into improper conduct by officials in the Western Australia branch. It says the ‘TWU referred the matter to this Commission’ and ‘it cooperated fully with the Commission’.
It is the latest in a series of vindications for the TWU after the Royal Commission began its investigations. Last year then Minister for Employment Eric Abetz apologised after making a false claim over the use of TWU members’ funds. This false claim was the basis for including the TWU in the Royal Commission investigations.
This year the Australian Competition and Consumer Commission cleared another Royal Commission claim against the TWU after it found there were no anti-competitive agreements with transport companies. We demand an apology and our money back. We represent transport employees who have jobs with the highest rate of workplace fatalities in Australia. Our job is to fight for their safety and the safety of other road users,’ Sheldon said.
