Investigation into AWU’s donation to activist group GetUp! declared invalid
The investigation into donations made to activist group GetUp! and Bill Shorten’s 2017 election campaign by the Australian Workers’ Union have been slammed by the Federal Court.
VIC News
Don't miss out on the headlines from VIC News. Followed categories will be added to My News.
An investigation by the union regulator into donations by the Australian Workers’ Union to activist group GetUp! has been declared invalid.
Federal Court judge Mordecai Bromberg said the fact the Registered Organisation Commission had a “suspicion” was not reasonable grounds to launch the inquiry.
But Justice Bromberg ruled the investigation, which included Australian Federal Police raids on AWU offices, was not politically motivated.
Justice Bromberg was unable to determine if the search warrants on the Melbourne and Sydney union headquarters in October 2017 were invalid, asking the parties to make further submissions.
Until then, he will not be able to determine if documents seized during the raids must be returned to the AWU.
The AWU had taken ROC to court to argue the investigation and raids were unlawful.
It said the inquiry was a witch-hunt by then federal jobs minister Michaelia Cash against former opposition Bill Shorten, who was head of the union.
Ms Cash gave evidence in the civil trial, confirming she referred the matter to ROC, but never intended to discredit, embarrass or politically disadvantage Mr Shorten.
“My concern at the time was what I believed were serious allegations about a potential breach of union rules,” Senator Cash said.
Senator Cash tipped off ROC in August 2017 to investigate conduct where donations were made by the AWU to GetUp! and Mr Shorten’s 2007 election campaign.
In his ruling, Justice Bromberg said the commissioner “did not proceed reasonably in forming the opinion or state of satisfaction he was required” under the RO Act, and therefore, the decision to conduct an investigation “is affected by jurisdictional error and invalid”.
AWU national secretary Daniel Walton welcomed the ruling in the union’s favour.
“We have said from the very beginning that this investigation was invalid, that it never should have commenced. So we’re very satisfied the court has ruled that way today,” Mr Walton said.
“This has been an exhausting, resource-draining, and distracting process for our union, but it’s a vital part of democracy that the actions of public agencies can and should be held to account.”
MORE: WORKER IN UGLY CLASH WITH PROTESTERS
MAGISTRATE’S ‘FAMILY PLANS’ WITH GIRL NEXT DOOR
MUM STEALS $1M FROM EMPLOYER TO FUND LAVISH LIFE
He said it had taken “a huge effort” to bring the facts in this case to light.
“When our union is attacked, when our members’ interests are attacked, we will always push back,” he said.
Maurice Blackburn Principal Josh Bornstein, for the AWU, said the decision made clear the ROC’s investigation was “tainted by illegality”.
“As today’s judgement makes clear, the ROC had no proper legal basis to conduct an investigation into the AWU’s compliance with its rules some 10 years earlier,” Mr Bornstein said.
“This was the first major investigation conducted by the ROC, following a request by the then Minister Cash and it did not comply with the law.”