CFMEU whistleblowers urged to come forward

The CFMEU saga continues with the Fair Work Commission (FWC) seeking information about the possible contraventions of the law by the Construction, Forestry and Maritime Employees Union (CFMEU) from whistleblowers.

As the CFMEU continues to steal the spotlight, the people tasked with investigating their allegations – which include gang connections, thuggery, and corruption – are calling upon whistleblowers to come forward.

With the general manager of the Fair Work Commission, Murray Furlong, being tasked with investigating the affairs occurring within the CFMEU, the FWC has released a statement on its website imploring people who have information about the CFMEUs illegal contraventions to report it.

A statement on the FWC’s website is as follows:

“We are seeking information, materials or evidence from any person, worker, company or organisation that may have knowledge of or have witnessed conduct or activity involving possible contraventions of the law by CFMEU construction and general division officials or representatives.”

The regulator has ensured whistleblowers that there are protections in place that will absolve them of any potential repercussions for coming forward. For example, it is unlawful for the CFMEU to take adverse action against a member, non-member or independent contractor because the person makes a complaint or inquiry to Furlong of the FWC.

Examples of what adverse actions look like in this situation are as follows:

• Organising or taking industrial action against the complainant, including where the complainant is an employer.
• Taking action that has the effect, directly or indirectly, of prejudicing the complainant in the person’s employment.
• If the person is an independent contractor, taking action that has the effect, directly or indirectly, of prejudicing the complainant in relation to a contract for services.

Just recently, the federal government passed legislation that would force the CFMEU into administration. It was a decision made by both sides of the political aisle, highlighting how impactful the revelations regarding the CFMEU have been.

This, however, was warned by Minister for Employment and Workplace Relations Tony Burke, who laid down staunch expectations after the allegations went public. He stated that if regulators like the FWCs investigations were impeded in any way, then legislation would be updated to remove such barriers, thus forcing the union to comply.

“If any of those actions taken by [Furlong] are opposed ... on the basis of some of the legal complexity of appointing an administrator, then the government will introduce legislation when Parliament returns to remove any barriers,” said Minister Burke.

“If it is opposed and there are barriers, and this is not resolved by the time Parliament returns, then those barriers will be removed by government legislation.”

Master Builders Australia chief executive Denita Wawn shared her support of the government’s decision of a forced administration.

“The industry has been at a standstill with a great cloud of uncertainty on the current operating environment and the future of the CFMEU.

“We thank the government and Coalition for working in a bipartisan way to reach an agreement on a series of amendments while not delaying the bill’s passage beyond this sitting period,” Wawn said.

“We continue to call for increased protections for businesses so they can come forward and provide evidence to the Fair Work Commission without fear of CFMEU retaliation.”