National CFMEU boss sacks 15 bikie Victorian delegates

CFMEU national secretary Zach Smith has sacked 15 Victorian union delegates who are members of outlaw motorcycle gangs, or closely affiliated with them.

The sackings came as Zach Smith revealed on Tuesday he had secured a meeting this week with Fair Work Commission general manager Murray Furlong to discuss the commission’s application to appoint an external administrator to CFMEU construction divisions in five states.

CFMEU national secretary Zach Smith has sacked 15 Victorian union delegates who are members of outlaw motorcycle gangs, or closely affiliated with them, but the under-siege union is still facing the imminent threat of special federal laws to take control of its rogue construction divisions

Union sources said the total number of bikies now purged from the union was almost double the eight delegates initially sacked in the days after Mr Smith took control of the union’s Victorian branch in July.

The sackings came as Mr Smith revealed on Tuesday he had secured a meeting this week with Fair Work Commission general manager Murray Furlong to discuss the commission’s application to appoint an external administrator to CFMEU construction divisions in five states.

He said the union would not declare its position on the commission application until next week. This is despite Workplace Relations Minister Murray Watt warning that if the CFMEU did not consent to the commission application and the matter was not resolved before parliament returned next week, the government would legislate to enable the administration “as swiftly and ­effectively as possible”.

Mr Smith said the commission application was a “significant proposal with broad implications for the union and we have sought further information from the commission to inform our response”.

CFMEU National Secretary Zach Smith.

“As part of that, the union has requested a meeting with the commission and that has been scheduled for late this week,” he said. “This will enable us to provide a considered response based on what is in the best interests of our members in the following week.”

At a Federal Court hearing on Tuesday, lawyers for Mr Furlong admitted the commission was having challenges getting witnesses to give sworn evidence against the union.

Questioned by judge Michael Wheelahan about preparation of evidence, Brendan Avallone, acting for Mr Furlong, said evidence was being prepared but it was a large endeavour.

He said he could not say how many hearing days would be required “other than to say it will be extensive”.

“Given the nature of the matters that have been reported, there are challenges in getting people ‘up to the gate’, if I can put it in the vernacular,” Mr Avallone said.

One union-linked figure recently interviewed by the commission told The Australian he was reluctant to give sworn evidence because he did not believe he would be given adequate protection if retribution was attempted against him.

CFMEU barrister Christopher Tran told the court the union had sent a “very long” seven-page ­letter to the commission seeking detail about its case for putting the construction divisions into ­administration.

Justice Wheelahan said the court expected the commission to come to the next directions hearing with a plan for how it would file evidence and the extent of that evidence.

The commission’s application argues the CFMEU divisions have ceased to function effectively.

It intends to make a later submission as to whether it needs to show the alleged conduct occurred or whether the union’s response to the alle­gations would be enough to demonstrate that the branches had ceased to function effectively.

At the start of Tuesday’s hearing, Justice Wheelahan said he had recused himself from the upcoming proceedings as he had acted as a barrister for the Australian Building and Construction Commission against the CFMEU and officials who were respondents in the current case.

Justice Wheelahan said it would take a little time before the proceedings could be reallocated to another judge.