Mounting toll of expensive failed legal actions highlights need for national anti corruption body

THERE are growing calls for ongoing, expensive and publicly funded legal actions against unions to be stopped, as a mounting number of cases are revealed to have no merit and are doomed to fail.

The calls come as another case is dismissed against the CFMEU.

The Federal Court late last week unanimously rejected a Fair Work Building and Construction (FWBC) case against the CFMEU and its officials.

The case against the Queensland CFMEU and two officials was thrown out by the Full Court, finding the officials had not breached workplace laws when they went on a site in Sydney in June 2013.

The case centred on evidence from FWBC Director, Nigel Hadgkiss. It was summed up by the court as inadequate, and pursued under an ‘inappropriate’ statutory regime.

CFMEU Construction National Secretary Dave Noonan warned the case is an expensive waste of public money and another example of a political witchhunt against unions.

“They are using taxpayers’ money to mount case after case against the union in order to paint the picture of a crisis in the industry,” he says.

“The real crisis is the Turnbull Government has no program for the election, and is relying on the FWBC to do their dirty work in the hope their continued smearing of the union will validate their biased political platform.”

The decision by the Full Court followed another judgement by the Federal Court in Brisbane on April 7, where the FWBC Director’s case was criticised for being an ‘abuse of process’ and ‘unjustifiably vexatious and oppressive’ in an action against the union over an industrial issue with John Holland that had already been settled.

The ongoing failure of legal actions against the CFMEU highlights the need for a broad anti-corruption body, says Mr Noonan.

Meanwhile, the Senate committee investigation the issue is urging the Coalition to fund research into a national anti-corruption system after the committee heard “overwhelming public support” for the concept.

The chair of the Senate committee charged with investigating a national corruption watchdog, called on the government to make the funding commitment before the double-dissolution election expected on 2 July.

“I call on the government — before it enters caretaker mode — to ensure funding is granted for the research being led by Griffith University with Transparency International Australia, the Queensland Integrity Commissioner, the NSW Ombudsman and other public sector and academic stakeholders, to identify an appropriate federal anti-corruption system, which the inquiry heard has overwhelming public support.”

The report will be released tomorrow during the budget lock up. Neither of the major parties support a national anti-corruption body.

The committee heard research evidence revealing almost one in three Australians see the federal government as corrupt (more so than state or local governments), with 43 per cent convinced corruption is on the rise.