Read The Times Australia

Daily Bulletin

Fall-out from Setka affair could give Coalition easier passage of union bill

  • Written by: Ray Markey, Emeritus Professor, Macquarie University

One of the Coalition government’s first priorities in the new parliament is the passage of its Ensuring Integrity Bill, aimed at tightening regulations on unions and union officials.

Similar legislation was introduced in 2017, but rejected in the Senate. This time around, the government is more optimistic of its chances, given the current makeup of the Senate after the May election and the recent controversy over John Setka, the Victorian state secretary of the Construction, Forestry, Mining, Maritime and Energy Union (CFMMEU).

The bill would give the minister for industrial relations, as well as the Registered Organisations Commission and any party deemed to have “sufficient interest”, the power to apply to the Federal Court to deregister a union. Union officials are particularly concerned about the extension of this power to anyone with “sufficient interest,” as this could conceivably include employers.

Read more: Politics podcast: Brendan O'Connor on Labor's industrial relations agenda

The disqualification of union officials would also be automatic for anyone who has committed serious criminal offences punishable by five or more years of jail time. In addition, the Federal Court could disqualify officials for breaking industrial laws or failing to stop their organisation from breaking the law, or otherwise not being a “fit and proper person.”

A public interest test would also be introduced to prevent future union mergers, such as the “super union” merger last year of the Construction, Forestry, Mining and Energy Union (CFMEU), the Maritime Union of Australia (MUA) and the Textile, Clothing and Footwear Union of Australia (TCFUA).

In introducing the bill, Christian Porter, the attorney-general and industrial relations minister, made clear that the newly named CFMMEU was one of the bill’s main targets.

He noted that the union had been levied with penalties over A$16 million for more than 2,000 contraventions of industrial law in recent years.

This repeated lawbreaking, particularly in our vital building and construction sector, hampers the delivery of goods and services and increases the cost of vital infrastructure projects like roads, schools and hospitals.

Ammunition provided by Setka

Setka was recently convicted after pleading guilty to harassment of his then-estranged wife. Earlier, he was accused of saying at a CFMMEU executive meeting that Rosie Batty’s campaigning against domestic violence had led to a reduction in men’s rights. However, this account has been contested by Setka and others present at the meeting.

Following the report detailing Setka’s comments about Batty, Labor leader Anthony Albanese moved quickly to suspend Setka’s ALP membership. He said Setka

undermines the credibility of the trade union movement through the position he holds and the public views he’s expressed.

Sally McManus, the Australian Council of Trade Unions secretary, also urged Setka to consider the harm he was doing the union movement and resign.

There is no place for perpetrators of domestic violence in leadership positions in our movement.

Setka has often attracted negative media attention. He famously threatened to expose all Australian Building and Construction Commission (ABCC) inspectors and make their children “ashamed of who their parents are.” On social media, he posted a picture of his children holding a placard saying “go get fu#ked” in reference to the ABCC.

Setka is a major contributor to the CFMMEU’s numerous breaches of industrial law. He has numerous convictions for theft, assault and criminal damage, mainly associated with industrial disputes.

Former Prime Minister Bob Hawke is reported to have previously counselled Labor leader Bill Shorten to sever the ALP’s ties with the CFMMEU.

Fall-out from Setka affair could give Coalition easier passage of union bill ACTU secretary Sally McManus has faced calls to resign over her handling of the Setka controversy. Daniel Pockett/AAP

Labor’s fears may be realised

The government is relishing the difficulties this situation has created for Albanese and Labor.

Government members have previously highlighted that the CFMMEU is Labor’s biggest electoral donor. And Porter has challenged Albanese to back the Ensuring Integrity Bill after his condemnation of Setka:

Now is the time for Mr. Albanese and Labor to prove they’re not all talk and back their words with action.

Albanese’s swift call for Setka’s expulsion from the ALP was designed to limit damage to the party. However, Setka’s court challenge prevented a quick expulsion, and now it appears it could be blocked altogether.

Read more: Setka furore opens division within the labour movement – and there is no easy solution

McManus’s worst fears of increased union regulation following the Setka controversy also are being fulfilled.

In addition to the Ensuring Integrity Bill, the government has reintroduced a bill that would impose tighter regulatory controls on workers’ entitlement funds.

According to the bill’s language, it would prevent the “coercion” of employers to pay into particular funds for their employees’ superannuation, training or insurance. This bill also would require registered organisations (unions and employer bodies) to maintain financial management plans, keep credit card records and disclose their loans and grants to individuals or other entities.

Senate crossbenchers remain the key

The Ensuring Integrity Bill has been referred to a Senate committee, which is due to report in October.

The bill should have an easier time passing in the new Senate. Independent Senator Tim Storer, who strongly opposed the 2017 bill, is no longer in the Senate. Of the crossbench, Cory Bernardi and the two One Nation senators are likely to support it. That leaves only one more vote required from either of the Centre Alliance senators or Jacqui Lambie.

Fall-out from Setka affair could give Coalition easier passage of union bill Jacqui Lambie has emerged as a key crossbench vote on taxes, unions and other bills in the new Senate. Sam Mooy

The bill has been somewhat watered down from its 2017 version to make it amenable to the crossbench and test Labor’s opposition to it.

It also more closely follows the provisions of the Corporations Act. However, questions remain as to whether membership-based organisations like unions should be expected to operate like corporations, or if unions breaching industrial laws should be treated similarly to corporations or individuals breaking criminal laws.

Read more: Where to now for unions and 'change the rules'?

The ACTU is lobbying Senate crossbenchers to oppose the bill.

The UK-based International Centre for Trade Union Rights has also come out against the bill, arguing it is “incompatible” with Australia’s commitments under two key conventions of the International Labour Organisation. The ICTUR says it interferes with workers’ rights to establish their own organisations, set their own rules and elect officials, saying it found

no precedent for the degree of state interference in the functioning and establishment of trade unions in comparable industrialised liberal democracies.

It also compared the bill to oppressive legislation in Turkey and under the military dictatorship in Brazil in the 1940s.

Authors: Ray Markey, Emeritus Professor, Macquarie University

Read more http://theconversation.com/fall-out-from-setka-affair-could-give-coalition-easier-passage-of-union-bill-120586

Business News

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

Options Available When a Company Faces Financial Distress

Financial distress can develop gradually or arrive suddenly, and when it does, the decisions made in the early stages often determine what options remain available later. Directors who act promptly ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...