UWU accused of retaliation against Indigenous staff opposed to voice

A union has been accused of ‘retaliation’ against Indigenous staff who did not want to support the voice referendum campaign.

United Workers Union WA state secretary Carolyn Smith.

An influential union implicated in a sexual harassment lawsuit could also need to face the Australian Human Rights Commission amid fresh allegations that Indigenous staff who did not want to support the voice referendum campaign faced “retaliation”.

The law firm working on a Federal Court class action against the United Workers Union, Adero Law, flagged the potential AHRC complaint as it provided further details about its plans, including claims that more than a dozen current or former staff ­experienced discrimination during their time in the union.

The firm says that included ­retaliation towards Indigenous people who did not want to campaign on last year’s referendum, and others who claimed they ­experienced retaliation over their failure to denounce Senator Fatima Payman.

The union and its longserving WA state secretary, Carolyn Smith, have also been the subject of civil action filed in the Perth District Court by Adero on behalf of a former staffer who alleges she was assaulted by Ms Smith and lost her job after refusing to start a relationship with her.

Ms Smith has emphatically denied the claims, which she described as “baseless”. The UWU says that while it has received legal advice that the civil writ is ­invalid and will be dismissed, it has appointed an independent external investigator to review the allegations.

Adero Law managing principal Rory Markham said in a statement that the firm was launching proceedings in the AHRC in relation to allegations of sexual ­assault and harassment that Adero says have been raised against past or senior members of the union in WA, South Australia and Queensland.

Mr Markham said the allegations of political discrimination would be raised in the Federal Court “in the coming weeks”.

He said there were a dozen individuals who claimed to have been discriminated against on the basis of political opinion, including Indigenous people who did not support the voice campaign for personal reasons or who had continued to support Senator Payman.

Senator Payman, a former UWU organiser, quit the ALP this year over the party’s position on the Israel-Gaza conflict. There has been some tension within sections of the membership over the union’s stance on the war, with some understood to have pushed the union to disaffiliate itself from Labor over the issue.

Another six, Mr Markham says, have alleged they were bullied or retaliated against after ­attempting to bargain for an ­enterprise agreement and better pay and conditions.

“Adero Law and its clients otherwise remain fully committed to the union movement and the values it upholds,” Mr Markham said.

“In order to honour the traditions of the union movement it is clear that we must also ensure that all employees are sufficiently protected at work.”

A spokesman for the UWU said the union was committed to providing safe, supportive workplaces, and addresses issues when they arise in a fair and considered manner.

“Complaints of inappropriate behaviour at United Workers Union are comprehensively investigated, and disciplinary consequences imposed where claims are substantiated. This applies with respect to all officials, regardless of seniority,” he said.

“United Workers Union has a long and proud association with the Australian Labor Party and publicly supports Labor candidates who support workers.

“United Workers Union’s commitment to political action should come as no surprise to anyone inside or outside the union. However, ‘retaliation’ in any form is not tolerated and the union has not received any complaints of this nature.”