Canberra keeping a close watch on more powerful CFMMEU

The Coalition warns it could launch deregistration proceedings against new construction super-union if unlawful conduct persists.

Workplace Relations Minister Craig Laundy. Picture: Adam Yip

Deregistration proceedings could be launched by the Coalition against the construction union if its merger with the maritime union results in a continuation or worsening of unlawful conduct.

Workplace Relations Minister Craig Laundy said the government would consider deregistration proceedings if the pattern of unlawful conduct persisted.

“The government will closely monitor the conduct of the newly amalgamated union and will take appropriate steps if necessary,’’ Mr Laundy said. “It is now up to the union officials to work co-operatively and within the law to ensure the best interests of all its members and the country are represented under the new arrangements.”

University of Adelaide law professor Andrew Stewart said yesterday the government had the power under the Fair Work Act to apply to deregister the union. Given the union’s record of law-breaking, he said the government would have a “clear prospect of success” if it sought deregistration.

If the union was deregistered, officials would lose their right to enter workplaces, the union’s standing to bring cases in the Fair Work Commission and the courts would vanish as would its automatic standing as a bargaining representative for members.

The Coalition has previously indicated it had no plans to pursue deregistration proceedings. Professor Stewart said the proceedings would be costly and “you run the risk of a whole group of disaffected workers popping up in unregistered unions who are much harder to take legal action against”.

He said employer concerns that the merged union would have supply chain control from “pit to port” were “massively exaggerated” as secondary boycott laws would constrain the capacity of the new union’s different divisions to pursue lawful action in support of each other.

Mr Laundy was forced to defend the government’s failure to pass laws designed to torpedo the merger by subjecting union amalgamations to a public interest test.