BWI statement on Australian Federal Government’s Fair Work Amendment Bill 2024
This legislation is said to be in response to media allegations of corruption and criminal conduct. BWI is opposed to criminal infiltration of unions; any such behaviour should be investigated by the police and other appropriate civil authorities and prosecuted in the courts where evidence is found.
Individuals are entitled to a presumption of innocence until the justice system has concluded its process.
The proposal to impose a government selected administrator to take over the role of the elected leadership of the union is draconian and likely to breach Conventions of the International Labor Organisation, including Article 87 which states:
“Workers and employers organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes.”
It is apparent that the proposed legislation if passed will override these rights. It is important to note that these rights are the workers’ rights, not just those of elected officials.
No apparent steps have been taken by the government to ascertain the views of CGD-CFMEU members about the governance of their union; democratic control of the union they stand to lose control of their union based on media allegations.
BWI is also concerned that this legislation is intended to override the application made by the regulator in the Federal Court of Australia.
BWI urges the Australian Government to allow the independent court process to take place and to ensure that Australia’s obligations under ILO Conventions are observed.