Unionist ‘sacked for speaking up’ at Heydon royal commission

An ex-construction union official claims he was sacked because he participated in the Heydon royal commission.

Former CFMEU official Andrew Quirk says he was sacked for speaking to the unions royal commission.

A former construction union ­official claims he was unfairly sacked because he participated in the Royal Commission into Trade Union Governance and Corruption.

But the Construction Forestry Mining and Energy Union’s NSW branch has petitioned the Federal Circuit Court to strike out the legal action brought by Andrew Quirk and another elected official, Brian Miller. Mr Quirk and Mr Miller are seeking compensation for their dismissal in July.

In a hearing before judge Nick Nicholls in Sydney yesterday, the CFMEU argued the case should be struck out on technical grounds, arguing it had “no reasonable chance of success”.

In response, the officials said their case should go to trial. They say the CFMEU took “adverse ­action against them” that was prohibited under the Fair Work Act.

CFMEU construction division national secretary Dave Noonan laid charges against Mr Quirk and Mr Miller for “gross misbehaviour” in November 2014.

The charges arose after the two raised concerns in the media about the union’s dealings with bankrupt businessman ­George Alex, claiming national secretary Michael O’Connor had failed to thoroughly investigate their concerns.

Their barrister, Michael Seck, argued in legal submissions filed to the court that the union had ­terminated their employment “because each of them had made complaints about their employment with the CFMEU”.

“In particular … the apparent favours being granted to Mr Alex’s business in spite of clear evidence that Mr Alex’s business were ‘phoenixing’ and failing to make payments to their employees of their lawful employment entitlements.”

The submissions also state “the CFMEU took adverse action against Mr Quirk and Mr Miller because they were able to participate, and in the case of Mr Quick did participate, in the royal commission under a workplace law”.

Mr Miller was mentioned several times at the commission but did not testify in public hearings. “Mr Quick and Mr Miller did not ever receive an express or implied direction not to conduct media ­appearances on union matters ­before 16 October, 2014,” their submissions state.

They were found guilty of the charges and stripped of their official roles after an internal inquiry, which they did not attend.

“Mr Quirk and Mr Miller each presented medical certificates stating that they could not attend a meeting to respond to the charges,” their legal submissions state.

“None­theless, on 17 April, 2014, the CFMEU (construction & general) executive proceeded to ­determine the charges in their ­absence”.

The CFMEU’s submissions to the court state “there was no relevant act of dismissal of an ­employee by an employer”.

They also state that “many claims” in the pair’s submissions “are inadequate and legally embarrassing”.

Mr Quirk had worked at the union for 12 years and Mr Miller had been an organiser for 29 years before they were removed from their jobs in April 2015.