CFMEU demerger laws pass Senate, clearing way for ballot

Labor’s bill was backed by the Coalition but opposed by the Greens.

The CFMEU demerger laws were fast-tracked after John Setka threatened a campaign against the AFL. Picture: Roy Van Der Vegt

New laws allowing members of the CFMEU’s manufacturing division to vote to break away from the union have passed the Senate, clearing the way for a ­secret ballot in coming months.

The bill, fast-tracked by the government after The Australian revealed CFMEU Victorian leader John Setka’s threat to wage a work-to-rule campaign against the AFL, was supported by the opposition but opposed by the Greens

The ACTU supported the bill, accusing Mr Setka of waging a personal vendetta, and maintaining that the “unique circumstances” could not be resolved any other way.

Greens senator Nick McKim said the minor party was not convinced the new laws would not weaken the union movement, pointing to how the bill was supported by the Liberals who were “no friends of unions” and had a “history of union bashing”.

Senator Jacqui Lambie, who proposed a bill earlier this year to allow the manufacturing division’s female-dominated textile worker membership to escape from Mr Setka, attacked the Greens’ opposition. “This is the party whose leader (Adam Bandt) proudly proclaims that he is a feminist,” she told the Senate.

“This is the Australian Greens who have a lot to say about women on their website including, and I quote, ‘Women have the right to equal access and participation in decision-making processes in all areas of political, social, cultural, intellectual and economic life’. How’s that quote going on your website right now?”

The manufacturing division national secretary Michael O’Connor welcomed the bill’s passage and thanked senators who “did the right thing by our members”.

“A notable and disappointing absence from the large parliamentary consensus which supported the legislation was the Australian Greens,” he said.

“The Greens oddly seem to think they are better placed than our members to determine what is best for them, their families and their communities”

He said the division would apply for a secret ballot of members to be conducted by the Australian Electoral Commission.

Construction Forestry and Maritime Employees Union nat­ional secretary Zach Smith said it was “incredibly disappointing the federal government pushed ahead with a bill that could set a dangerous precedent for breaking up unions”.

“The Liberals’ enthusiastic support for this terrible piece of legislation should have been a massive red flag about its dangers to workers. What does it say when Michaelia Cash, who was one of Australia’s most aggressively anti-worker industrial relations ministers, is backing a Labor government on this?”

The government voted down an opposition amendment proposing a ban on a person convicted of more than 10 criminal offences from being a union official. Opposition employment spokeswoman Senator Cash said the government had “made a big song and dance about this bill but they are too weak to deal with any of the root causes of that dysfunction’’.

“What’s really happening here is that Anthony Albanese and Tony Burke are delivering a minor slap on the wrist to the CFMEU for the outrageous bullying demands of union boss John Setka, that the AFL sack former ABCC boss Stephen McBurney as head of umpiring,’’ she said.

“Mr Albanese and Mr Burke are too weak to stand up to the CFMEU in any substantial way. If it isn’t 10, how many criminal offences do Mr Albanese and Mr Burke think is acceptable for union officials to rack up before they are disqualified from being officials?”