CFMEU seeks to sue AFP over Canberra raid

The union has launched a bid to sue the Australian Federal Police over a raid on its headquarters.

The raid “was both unnecessary and unlawful,” said CFMEU construction division National Secretary, Dave Noonan. Picture: Kym Smith

The construction union has launched a bid to sue the Australian Federal Police over a raid on its Canberra headquarters last month.

The Construction, Forestry, Mining and Energy Union claims the search and seizure of material on August 25, including a large number of computer files and hardware, was unlawful.

The raid was conducted by the AFP taskforce attached to the trade union royal commission and police executed a search warrant at the union’s head office in the northern ACT suburb of Dickson.

The CFMEU is seeking an “urgent injunction” to stop the AFP from examining or using the seized materials until its case can be heard.

The injunction is due to be heard at the ACT Supreme Court tomorrow at 2pm.

“We believe the Royal Commission Police Taskforce raid on the union’s ACT office was both unnecessary and unlawful,” said CFMEU construction division National Secretary, Dave Noonan.

“The union received a huge number of Royal Commission Notices to produce and has complied with every single one. We have produced an enormous volume of material to the Royal Commission which it can share with the Police Taskforce.”

“If the Royal Commission Police Taskforce wanted further material, the Royal Commission could have issued further notices rather than storming our office.”

Mr Noonan said the police were at the CFMEU office for nearly 13 hours and were assisted by staff who identified documents, provided passwords and PINs.

“Yet despite all that, the police then obtained a second warrant to continue the search after 9pm on the basis that it was necessary ‘to prevent the concealment, loss or destruction of property’,” Mr Noonan said.

Mr Noonan also said the union would argue the AFP acted contrary to the requirements of the ACT Crimes Act.

The union will seek an order for the AFP to return all the seized materials to the CFMEU.

The royal commission, ordered by the Abbott government, is examining the conduct of several unions but the CFMEU has been hardest hit, with 19 current or former officials or associates referred to law enforcement agencies for further investigation.

This includes one serving and one former CFMEU organiser in the ACT who were arrested by the police taskforce attached to the commission.

“The union has no tolerance for corruption in its ranks and has always made clear that corruption allegations should be investigated by the police who will have our full cooperation” Mr Noonan said.

The union has accused the royal commission of “a coordinated campaign to use the police and criminal law against the union’s legitimate and lawful industrial work on behalf of our members.”