Labor stares down CFMEU’s High Court challenge

Sacked CFMEU official Jade Ingham says Labor has ‘stolen’ the union from members.

‘Their union has been stolen from them’: former CFMEU national president Jade Ingham in Brisbane on Tuesday. Picture: NewsWire / Tertius Pickard

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Workplace Relations Minister Murray Watt says he is confident the government’s legislation forcing the CFMEU construction division into administration will withstand a High Court challenge by the militant union’s former leadership.

Sacked CFMEU official Jade Ingham, the union’s former ­national president and former Queensland assistant secretary, said the special leave application was filed on Tuesday on the grounds the legislation was unconstitutional and undemocratic.

“Members are furious about their union being taken away from them. Their union has been stolen from them,” Mr Ingham said.

“This is active treachery and class warfare against the working class in this country from the state and federal governments. Union bashing never worked for the Tories, so why did Labor think it would work for them?

“CFMEU members will have their voices heard.”

Senator Watt said the government had expected the CFMEU’s former leadership to mount a High Court challenge and “we have taken steps to prepare for this case since passing the legislation”.

“I wouldn’t want to pre-empt the case in the High Court, but we are confident our laws are legally robust,” he said.

“Our focus has been on getting the administrator in place, so the union can get back to its primary focus of protecting the interests of its members.”

Anthony Albanese said he was not surprised by the legal challenge, given the union’s former Victorian secretary John Setka took the ALP national executive to court over being expelled from the Labor Party.

“That’s fully expected, and we will stand by our position, and the government’s position will be ­defended,” the Prime Minister said.

Opposition employment spokeswoman Michaelia Cash said the High Court challenge “was always inevitable”.

“And that’s why we have consistently said ­administration is only the first step in bringing the CFMEU under control,” she said.

“ It will be up to the government to defend their legislation but what they should immediately do is back two bills the ­Coalition has introduced to the parliament to bring order back to the construction industry.

“Our bills will restore the tough cop on the beat – the Australian Building and Construction Commission – and also introduce new integrity measures to keep criminals out of the industry.

“If Mr Albanese is serious about controlling the rogue union he will back those bills next week when the parliament returns.”

Mr Ingham said the challenge would be run by Your Union Your Choice, a company he set up with former Queensland branch secretary Michael Ravbar. It will seek crowd-funding to help finance the challenge.

He said CFMEU members had stood at street corners and polling booths campaigning for Labor in the past and “this is the thanks we get”.

He said the government rushed through the laws in contrast to the three years it took to put one branch of the Health Services Union into administration.

He said the “co-ordinated and systematic hatchet job” on the CFMEU started long before allegations of the union’s criminal links were published in the media.

Mr Ingham said he wanted the legislation declared unconstitutional and the union’s democratically elected leadership reinstated.

He said members of the public should “understand the gravity of what this means for our country”.

“This doesn’t stop at the CFMEU, and it doesn’t stop at trade unions if this law is allowed to stand ... .any organisation that gets off-side or challenges the political elites of this country is now up for grabs if this law is allowed to stand. This is a fight that’s much bigger than us,” he said.