Workplace Relations Minister Murray Watt forced to defend CFMEU administrator’s Facebook post

The fiery clash was over a social media post made by the CFMEU administrator that claimed “militancy“ was “not unlawful”.

Workplace Relations Minister Murray Watt has been forced to defend a Facebook post made by the government-appointed administrator tasked with reforming the belligerent CFMEU.

Mark Irving’s post on August 23 following the forced takeover of the blue-collar union due to allegations of bullying, standover tactics and criminal infiltration said: “Militancy in accordance with the FW Act is not unlawful. Vigorously, proactively, collectively engaging in a struggle to advance and protect members’ interests is not unlawful.”

In a fiery clash during a senate estimates hearing on Wednesday, Coalition workplace relations spokeswoman Michaelia Cash said Mr Irving was “giving the green light for union militancy” and asked Senator Watt if he agreed.

Senator Michaelia Cash said the Facebook post gave the union a ‘green light for militancy’. Picture: NewsWire/ Martin Ollman

Workplace Relations Minister Murray Watt disagreed with Senator Cash’s assertion. Picture: NewsWire/ Martin Ollman

She added that it had sparked concern within the construction industry, with members “very concerned” it could result in “confrontational” and violent behaviour.

While Senator Watt disagreed, he said some employer groups had said they weren’t “exactly happy” with Mr Irving’s choice of words.

“I think different people will have a different interpretation of what that word means. I absolutely do not believe Mr Irving is giving a green light to violence,” he said.

He also said it was “entirely appropriate for a trade union to take strong and effective action in pursuit of its members interests”.

However Senator Cash said Mr Irving was giving “very mixed messages on the ground”.

“This statement did not need to be made by the administrator. He appears to be giving the CFMEU the green light to undertake confrontational or violent methods in support of their political or social cause,” she said.

“The whole point of the administration is to try and change the culture, so can I ask you, do you see the inconsistency here and the concern that it is now raising on the ground?”

The forced appointment of an administrator to the CFMEU has outraged members and fellow blue-collar unions. Picture: NewsWire/ Nikki Short

The pair then clashed on a letter sent by Mr Irving to CFMEU staff that set out what was approved behaviour. The letter denounced threats of immediate violence or action done to intentionally cause or threaten psychological or physical harm.

It also stated that the “acceptance of menacing behaviour as a way of doing business is against union values”.

In an inflamed back-and-forth, Senator Cash said Mr Irving’s comments would entrench the union’s negative culture, while Senator Watt accused her of “cherrypicking” phrases.

“Mr Irving was so concerned about trying to change the culture of the organisation that he’s issued guidelines to organisers and staff, setting out very clearly what he considers menacing behaviour to be and making very clear that it’s not on,” he said.

FWC have received ‘significant’ tip offs

Anti-avoidance provisions have not been used to commence investigations, Fair Work Commission general manager Murray Furlong.

He also confirmed the body has also “sought information from industry participants in relation to the conduct of some of those former officials”.

Mr Furlong also said the FWC’s online portal in relation to the CFMEU has received a ‘significant’ 793 complaints and “pieces of intelligence”, with the agency referring more than 230 matters to other agencies.

Of these, 205 have been referred to the FWO, 12 matters have been referred to the Australian Federal Police, three matters have been referred to the Australian Competition and Consumer Commission and one matter to Work Health and Safety Queensland.

Fair Work Commission general manager Murray Furlong said the CFMEU online portal had received hundreds of tip-offs and complaints. Picture: NewsWire/ Aaron Francis

CFMEU organiser allowed back to work

Earlier in the hearing, Senator Watt also confirmed a CFMEU organiser who was suspended after being charged over making alleged death threats had been reinstated.

In September this year, Indigenous organiser Joel Shackleton was charged by Victorian Police for making threats to kill and threats to inflict serious injury on two owners of an Indigenous labour hire company.

A video from the incident allegedly shows Mr Shackleton telling the owner: “I’ll f** king take your soul and I’ll rip your f***king head off.”

While Mr Shackleton was initially suspended by Mr Irving, he has since been allowed to resume his employment with the union, with Senator Watt standing by the administrator’s decision

“Obviously, there’s a procedural fairness process there that the administrator received a response from Mr Shackleton or his lawyers, and on the basis of that response, Mr Irving permitted Mr Shackleton to return to work at the CFMEU under very strict conditions,” Senator Watt told senate estimates on Wednesday.

“(These include) that he would be office bound and not visit workplace sites.”

To date, Senator Watt said about 12 CFMEU officials’ employment had been terminated and “multiple other officials and organisers” had been suspended, but some of them had been allowed to return to work.