Business Blockbuster - Helpng business to be more visible on Google

Daily Bulletin

the myth that's driving Morrison's anti-union push

  • Written by: Anthony Forsyth, Professor of Workplace Law, RMIT University
the myth that's driving Morrison's anti-union push

What have Scott Morrison and and Attorney General Christian Porter got in mind for unions?

The answer seems to be more of the same, more use of coercive power to make it harder for unions to fulfil their democratic functions of protecting workers and fighting inequality.

The newly-reintroduced Ensuring Integrity Bill was rejected in 2017, but the government thinks it’s got a better chance now, with the support of at least four of the six senate crossbenchers.

In part that’s because of the behaviour of John Setka, head of the Victorian branch of the Construction Forestry Maritime Mining Energy Union who has been convicted of using a carriage service to harass a woman.

Read more: View from The Hill: Now the senators are taking on John Setka

The Bill does not actually address Setka or his conduct, but the Government is using that negative impression to justify these new laws.

And it’s because of words like these, used by Justice Dyson Heydon, the royal commissioner tasked with examining trade union governance and corruption by the Abbott government:

it is clear that in many parts of the world constituted by Australian trade union officials, there is room for louts, thugs, bullies, thieves, perjurers, those who threaten violence, errant fiduciaries and organisers of boycotts

It’s also what the government wants people to believe about trade unions; that they are ugly, violent, law-breaking and self-interested.

In truth the most unionised occupation is teaching, the next most unionised is health care, and the third is protective services.

Why make it harder for teachers and nurses?

My research finds that there was a problem with union corruption the best part of a decade ago, most starkly apparent in the Health Services Union scandal, but for the most part unions have cleaned up their act.

I told the Senate inquiry into the Ensuring Integrity Bill that a proportionate response to the Royal Commission’s findings was warranted.

It included legislation imposing higher standards of financial management accountability on union officers, higher penalties for serious breaches of the Registered Organisations Act, criminal penalties for “corrupting benefits” and requirements for disclosure of benefits passing to a union under an enterprise agreement, clearer governance standards for separate entities and union funds such as election funds, and a specialist regulator for registered organisations.

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

Almost all of these measures have now been implemented. So what are we to make of the reheated Bill? It looks like an opportunistic attempt to take down unions.

Morrison needs an agenda

The government didn’t expect to be re-elected. Its business mates are demanding industrial relations reform. They want to shut down powerful unions like the Construction Forestry Mining Energy Union. The government tried to stop it merging with the Maritime Union to become the CFMMEU rather than the CFMEU, but the Bill didn’t get through parliament in time.

With that objective frustrated, business wants new weapons to take on unions.

Hence the provisions in the Bill enabling employers, the minister and the Registered Organisations Commission to seek the disqualification of union officials and the deregistration of unions; provisions that could prove very handy in an industrial dispute, adding to the already extensive range of weapons employers already have access to.

Read more: Grattan on Friday: Morrison government solid on industrial relations reform but bootlicks One Nation on family law

The Bill massively over-reaches. The government claims it’s simply applying to unions the same regulatory standards that apply to corporations. But its application of the corporate model is highly selective.

So it’s one rule for unions

Schedule 1 would allow court-ordered disqualification to be sought against a union official on much wider grounds than those available for company directors.

An employer could seek to have an official removed because they have been involved in a technical breach of the protected industrial action rules under the Fair Work Act, but a union could not seek disqualification of a company director who had breached the same legislation by, for instance, presiding over the underpayment of workers.

Disqualification could also be sought because a union official had breached the proposed “fit and proper person” test.

There is no fit and proper test for company directors, although there is for people providing financial advice and running businesses including labour hire businesses in Victoria.

The purpose of the latter test is to impose barriers to entry on dodgy and exploitative managers. There is no equivalent justification for prefventing someone becoming a union official.

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

Schedule 2 proposes new grounds for deregistering unions that partly mirror some of the grounds for court-ordered wind-ups of companyies under the Corporations Act.

Another rule for employers

But the addition of new grounds relating to a union’s (or members’) non-compliance with a wide range of laws has no equivalent in the Corporations Act.

Among the proposed grounds is “obstructive industrial action” – unprotected action that hinders of interferes with the activities of an employer or a public service, or that has a substantial adverse effect on community safety, health or welfare. Only a single instance would be needed.

The target of Schedule 2 seems to be the CFMMEU. But Commissioner Heydon neither recommended deregistration of the CFMEU nor proposed any change to the deregistration provisions.

The government already has the ability to seek deregistration of the CFMMEU under the Registered Organisations Act. Some of its grounds, including repeated breaches of court orders, would be sufficient in my view.

Instead of testing the existing law, the government has chosen to seek much wider grounds for deregistration and to give more parties, including employers, access to the mechanism, creating a threat to all unions, not just the CFMMEU.

And confusion about what unions do

The Coalition and employers can’t seem to make up their minds about unions.

They present them as both:

  • a relic of the past, facing imminent demise, representing only 15% of the workforce

  • a threat to the economy, with the merged CFMMEU threatening one part of the economy, and the proposed amalgamation of the National Union of Workers and United Voice threatening another.

The Ensuring Integrity Bill tells us it’s this second view that’s predominant, notwithstanding the reality that most unions play a valuable role in protecting vulnerable workers from exploitation, challenging managerial power in the workplace, and enhancing our democracy.

Authors: Anthony Forsyth, Professor of Workplace Law, RMIT University

Read more http://theconversation.com/louts-thugs-bullies-the-myth-thats-driving-morrisons-anti-union-push-123688

Business News

The Growing Demand for Durable Plastic Packaging Supplies Across Australia

Why Do Australian Businesses Need Reliable Plastic Packaging Supplies? Businesses need packaging that can withstand everyday handling, storage, and distribution without creating avoidable delays. Pla...

Daily Bulletin - avatar Daily Bulletin

Office Cleaning Melbourne: Choosing the Right Scope for Your Office

A well-planned office cleaning Melbourne arrangement starts with a clear understanding of the premises and the people who use it. An office may include private work areas, shared desks, reception, mee...

Daily Bulletin - avatar Daily Bulletin

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Plumbing Call-Out Fees in Perth Explained

When you hire a plumber to fix a problem with a dripping tap, leaking pipe, or whatever it might be...

Workshop Tool Maintenance: A Practical Guide to Drills, Sanders and Table Saws

A drill that strips every screw head. A sander that leaves swirl marks however long you work the pan...

How Architecture and Engineering Firms Can Improve Project Profitability

Project profitability remains one of the most persistent challenges for architecture and engineering...

The Blossoming World of Fresh Flower Delivery: An In-Depth Exploration

In recent years, the demand for fresh flower delivery in Sydney has soared, driven in part by the ...

How Penrith SMEs Can Keep Stock and Equipment Working for the Business

For Penrith SMEs in 2026, efficient inventory starts with reliable stock data: what is on hand, wher...

Cybersecurity Services and Solutions for Complete Digital Protection

Businesses leverage Cybersecurity solutions for protection against digital threats of the modern era...

What Australian Entrepreneurs Should Know About Streamlining Their Financial Processes

Running a small business in Australia demands much more than just delivering a great product or serv...

Supporting Joint Health in Young and Growing Horses

Anyone who has raised a foal through to a rising three-year-old knows how deceptively fast the gro...

Why Is My Switchboard Buzzing? What a Humming Breaker Is Telling You

Most people never hear their switchboard. It sits quietly in a cupboard, a hallway or a meter box ou...