Reviving a building industry watchdog to address potential illegality in the CFMEU, as called for by the opposition, is a political no go says an expert on unions and collective bargaining.
Laws to reinstate the Australian Building and Construction Commission (ABCC) will be brought to parliament when it next meets in August, Opposition Leader Peter Dutton says.
But that body was too policitised says Anthony Forsyth, a professor in the Graduate School of Business and Law at RMIT University, who focuses on trade unions.
The construction watchdog was reintroduced in 2016 by the coalition but abolished by Labor in February 2023, with its powers transferred to the Fair Work Ombudsman.
“It was a very politicised body established by the coalition,” Professor Forsyth told AAP.
“It was originally introduced by the Howard government and I suppose the problem that arose in practice with the ABCC was that it was essentially engaged in a war of attrition with the CFMEU.”
Once the ABCC started doing things such as introducing a code on flying Eureka flags on building sites it had become a political tool.
“That kind of example demonstrates the extent to which it was an instrument of the coalition government to attack unions,” Prof Forsyth said.
The CFMEU’s construction division has been accused of links with organised crime, taking kickbacks and employing standover tactics on worksites.
Federal Labor cut ties with the union on Thursday.
While Mr Dutton said a revitalised watchdog would stamp out criminal behaviour, Prime Minister Anthony Albanese said it would not be effective.
Mr Albanese said the regulator failed to address issues to do with controversial CFMEU Victorian branch head John Setka, who resigned following the allegations against the union.
“Overwhelmingly, what unions do is they represent their members to improve wages and conditions each and every day” he told reporters in Cairns on Friday.
“That should be what they do and that’s why the elements like John Setka have no place.”
Moves are under way for an administrator to be appointed to oversee the CFMEU in light of the latest allegations.
An application to court is likely to be made next week, Prof Forsyth said, adding he expected the CFMEU to fight tooth and nail to avoid that.
Once an administrator is appointed, it would likely take a year for the work to be completed, he said.
That could pose problems for Labor in the run up to the election.
“It has a long way to play out, I think. The political concern for the government is whether they are seen to be dealing with it strongly enough or not,” Prof Forsyth said.
“I think they have started off doing that. It does have some potential for it to be politically embarrassing depending on how it plays out.”
Labor has indefinitely suspended affiliation between the construction division and the NSW, Victorian, South Australian and Tasmanian branches of the party.
It will not accept political donations or fees from the division in line with announcements from some state counterparts.
Mr Albanese said Labor had acted decisively in dealing with the allegations about the union.
“We will put administrators in because, we will ensure that culture changes and we’ll make sure that anyone with any (criminal) links is removed from the union movement,” he said.
But the union’s construction arm in NSW said it was coming under an “unprecedented attack”.
“External forces attacking the CFMEU have one agenda only: to reduce your collective power through the Union to win better wages and conditions,” the division said on social media,” a union spokesperson said.
“The governments, state and federal, the big end of town and the ACTU want you to work for less and in unsafe conditions.”
