Resurrecting a twice-buried construction industry watchdog would not fix alleged misbehaviour by the CFMEU, an industrial relations expert warns.
Subscribe now for unlimited access.
or signup to continue reading
Reports of criminal behaviour and bikie links within the union have prompted the federal opposition to call for the reinstatement of a construction industry watchdog.
The Australian Building and Construction Commission was responsible for enforcing workplace relations compliance in the building and construction sector, meaning it dealt with unlawful strikes, picketing and issues relating to right of entry for union officials.
But resurrecting the watchdog would not fix issues within the union, says professor Anthony Forsyth from the RMIT's business and law school.
"Bringing it back wouldn't really address this situation directly because it doesn't have any powers to deal with criminal behaviour - that's predominantly the preserve of state and federal police," he said.
"Maybe it would be seen as a visible regulator of industrial misbehaviour, but it wouldn't be able to touch any of the misconduct that's been alleged in relation to the CFMEU over the last few days."
The coalition has also urged the government deregister the union, but Prof Forsyth says this would run into similar issues.
Grounds for deregistration involve industrial misconduct like breaches, awards, agreements or injunctions relating to unlawful industrial action or entry onto a building site, rather than alleged criminal misconduct.
Deregistration would also give rise to "pretty significant consequences" and create uncertainty over the awards and agreements that the union had in place.
Representation on workers' issues like safety, wages and condition could be lost, CFMEU national secretary Zach Smith said.
Deregistration may lead another union to fill the CFMEU's shoes and continue disregarding the law, Master Builders Australia chief executive Denita Wawn said.
Workplace Relations Minister Tony Burke should instead apply to the Federal Court to put the CFMEU's Victorian and NSW branches - the main subjects of the alleged misconduct - into administration, Prof Forsyth said.
A court-appointed administrator would then run the union's affairs until everything is brought back to a state of order or proper functioning.
The government can take this option when a union has ceased functioning effectively, and did so in 2012 when the Health Services Union was embroiled in controversy over fraud and theft charges.
The CFMEU's national office has already placed its Victorian and South Australian branches into administration and launched its own investigation.
Australian Associated Press
