High Court whisperer to lead CFMEU old guard’s challenge over new laws

Ousted CFMEU leaders are attempting to wrest back control of the union from a government-appointed barrister in a legal battle that will be decided by the High Court.

Prime Minister Anthony Albanese dismissed the challenge, which was filed on Tuesday by a team of lawyers led by the High Court’s most prolific barrister Bret Walker, SC.

Former CFMEU official Jade Ingham claimed the government takeover of the union was “un-Australian”.Credit: Cameron Atfield

The long-expected challenge to the special laws the government introduced to force the rogue union into administration will hinge on the argument that only courts can enforce punishments, not parliaments, and if successful could pave the way for the return of former Victorian branch secretary John Setka.

The government seized control of the CFMEU after the Building Bad investigation by this masthead, The Australian Financial Review and 60 Minutes reported allegations of corruption and infiltration by bikie gangs.

Former CFMEU national construction president Jade Ingham announced the challenge in Brisbane on Tuesday with an appeal for donations and a plea for people to focus on principles such as safety and freedom of association in a rough industry.

“It’s our belief these laws are unconstitutional,” Ingham said. “They’re undemocratic and they’re definitely un-Australian. These laws should concern any Australian who is concerned about our democracy and who cares about our country.”

Ingham said that if the High Court rejected the laws, then Setka, who resigned on the eve of the Building Bad investigation, could return as long as members wanted him back.

“That’ll be a matter for the Victorian branch and for John,” Ingham said.

The government passed laws last month giving it the power to appoint an administrator. The union had been fighting an attempt by the Fair Work Commission to seize control under existing laws.

Administrator Mark Irving, SC, has extensive powers to investigate issues in the union, appoint people to run branches and negotiate for members. Ousted officials can be banned from some labour roles for life.

Albanese said he had been expecting the challenge. “Surprise, surprise, John Setka took our entire national executive to court over him being expelled from the Labor Party,” Albanese said.

In that 2019 case, which Setka launched after being convicted of harassing his wife, Labor won initially and the union boss dropped his appeal.

Opposition industrial relations spokeswoman Michaelia Cash said the legal challenge showed why the construction industry needed tougher regulators. The opposition is campaigning for the re-establishment of the union-busting Australian Building and Construction Commission, which Labor abolished.

The high court challenge has split the union movement. Ingham said the CFMEU had support from the manufacturing union, plumbers union, rail, tram and bus union and electricians union among others.

But other unions, including the movement’s peak body the ACTU, have expressed no opposition.

Alongside Walker, Hall Payne Lawyers and counsel Craig Lenehan, SC, Christopher Tran and Naomi Wootton will run the case. Walker won the acquittal of the late cardinal George Pell and has represented high-profile clients including Qantas, Google and Gladys Berejiklian.

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