We Need A Rapid Umpire, Not a Cop
CFMEU allegations are in the Media again and again. We see investigations, reports, allegations, and fines. I see some calling for a return of a strong industry cop or the ABCC, but that’s not what we need.
Yes, it’s time for the union to be stripped of its tax advantages. People who can afford to pay millions in fines for over twenty years as ‘normal’ businesses don’t need tax advantages. Yes, their continued registration needs to be linked to breaches of ‘industrial and criminal laws’. It’s not currently, and yes, the Federal Court should be given the power to place them in administration or more.
We need productivity, value, and, yes, safe workplaces that are free from intimidation, threats, and a culture of thuggery. After my 27 years in construction, I feel this can only be achieved by a standing inquisitorial judicial officer in each State. In an inquisitorial system, akin to a coroner, the emphasis lies with the active role of questioning or looking for something, seeking the truth. Our normal Court or Fair Work system focuses on the accused ‘accusatorial’ system.
Each State should have a judicial officer for projects of national economic value exceeding $50 Million in construction value, with the job of ensuring productivity, value and supporting the industry with guidance. The role needs to have wide powers to give orders and fines, take evidence, give guidance, and make timely decisions on disputes within a truncated timeline. The judicial officer needs the ability to act without notification or invitation and be supported by or direct the AFP or State Police.
The industry needs a rapid umpire with significant power, not police, long investigations, long court actions and years of ongoing costs. It was once the job of the Fair Work Commission to give quick resolutions to disputes. I spent over ten years achieving this, but the parties have moved on. The Federal Court has tried and struggles to achieve timelines, is a significant cost burden, and is dealing with only a very small percentage of the real issues.
A specialist rapid division of the Federal Court with an inquisitorial judicial officer could make a real difference, subject to limited appeal and industry-focused.
As an industry, we have moved on from the ABCC. We need a timely inquisitorial umpire, not a cop, to walk softly and carry a big stick in each State.
We need an umpire active in the industry, visiting sites, setting expectations, and calling out bad behaviours. Backed up by giving directions, orders and, if needed, restrictions. We need strong professional unions, not thugs that sit in front of trucks, hide behind face masks, or trade through intimidation.
Productivity has dropped from 5.5 days to 3.5 days and will hit 3 days soon. If productivity and fairness are the goals of our current institutions or the public, we are not seeing results.
Leadership is required, and yes happy to help.
UPDATE: The above article was first published on LinkedIn with over 16,000 views and supporting comments. The article identified “a shed load of common sense“, as identified by one commentator, but it highlights the level of intervention required and umpire powers needed. Minister Burke seeks to appoint branches of the CFMEU in QLD, NSW, and VIC into administration under the FWO.
The Minister seeks to establish a modern, progressive union, removing unlawful behaviours, intimidation and bullying, with an overall goal of bringing the industry back together. This level of cultural change within a militant union will take time, require the re-education of members and likely the removal of many delegates, organisers, and officials from the union. FWO Administration may take years to deliver such a change to focus on mediation, not confrontation, education of projects, not frustration, and cooperation, not coercion or intimidation.
An industry “together” approach through mediation, communication, and representation is a fantastic Ministerial goal. The question is, can the Administrator achieve this educational or cultural change with the current crop of officials, delegates, and non-working paid delegates who have been hand-picked to foster the current toxic culture? In addition to the paid officials and organisers, the sixty-plus non-working paid delegates in Queensland that allegedly leave their workplaces on paid time to interfere with other workplaces, picket, protest, obstruct and more are not the kind of traditional hardworking shop delegates supported by the government.
The Administrator may need to identify new leaders or past officials forced out from the union to rebuild the community trust. A union built on intimidation and thugs is no longer acceptable. We need a professional union working to deliver safe and productive outcomes, workplaces, careers for our youth, and respect for all Australians. With a mixed history and powerful forces at play, the industry needs an industry-specific inquisitorial judicial officer to make a real difference, subject to limited appeal and industry-focused, to drive change and deliver productivity in a supportive, safe culture.
Minister Tony Burke, talking to 500 industrial relations patrons in Brisbane on Friday, clarified his goal was to clean up the behaviours and bring the construction industry back together. I believe this will require rebuilding community and industry trust, significant cultural change within the union, including leadership, and a professional face tasked with mediation, cooperation and education. The union of the past, known for its intimidation, bullying, aggressive and questionable behaviours, must be reborn as a butterfly with a skilled modern workforce. I know there will always be support for a modern industry participant representing worker interests focused on safety, productivity, and community goals.
For questions about industrial action, union right of entry, dealing with delegates and organisers, or other employment questions, please contact Dean Cameron at Workforce Advisory Lawyers – We Know Employment Law on 0417 622 178, 1300 WAL LAW or via email to dean.cameron@workforceadvisory.com.au
Disclaimer: This information is provided as general advice on workplace relations and employment law. It does not constitute legal advice, and it is always advisable to seek further information regarding specific workplace issues. Liability limited by a scheme approved under professional standards legislation.
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