CFMEU will need more than the vibe to overturn the law

CFMEU supporters rally in Melbourne on Tuesday. Picture: AFP

Tens of thousands of furious blue-collar unionists have walked off the job to vent their anger at Labor’s decision to plunge the CFMEU’s construction division into administration.

As is the tradition, especially in Melbourne, there was plenty of colourful rhetoric and hyperbole as sacked CFMEU leaders and their union allies vowed to fight on the streets and in the courts to try to reverse the government’s neutering of the most militant division of the most militant union in the country.

Angry officials promised to campaign for the “absolute destruction” of Labor at the next election; commit millions of dollars to legal challenges and even spread the next walkouts to the wharves.

It made for good theatre, if that’s what you’re into, but there was also an air of unreality about the capital city rallies.

In Melbourne, where up to 50,000 workers flooded the central business district, unionists chanted, “Johnny Setka, here to stay”.

But the union’s former high-profile Victorian secretary is already gone, having resigned ahead of the airing of damaging allegations about the union’s links to organised crime and outlaw motorcycle gangs.

Indeed, his sudden exit arguably amplified and intensified the claims made against the union, and left its biggest branch in crisis.

Defiant union leaders are promising a High Court challenge to the laws. Officials are yet to detail the grounds for the legal action, but have talked about the union being denied natural justice. They point to the government rushing through legislation when the Fair Work Commission application to the Federal Court to force the union into administration had barely started; the judge had to recuse himself and the commission had yet to put admissible evidence in the proceedings.

But the government, knowing a legal challenge was likely, says it has framed the legislation to withstand a CFMEU rearguard court action.

Ultimately, this could be for the High Court to decide. While the CFMEU and its allies will be satisfied with Tuesday’s display of solidarity, this is not a reality version of The Castle. They will need more than the vibe to overturn the takeover of their union.