AREEA is pleased to announce to members that the lower house of Parliament has taken a positive step toward protecting the Australian economy and Australian jobs growth against the imminent threat of lawless, militant union mergers.

On Monday 16 October 2017, the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill (Bill) passed the Lower House of Parliament.

The Bill includes a number of measures to improve governance arrangements within registered organisations.

The matter of most critical importance for those operating in the resources and energy industry is the restoration of a public interest test which must be satisfied before registered organisations can merge.

Under the current Bill, the first step in the public interest test would oblige the Fair Work Commission (FWC) to consider the merging organisations’ history of compliance with Australia’s workplace laws.

If a law-abiding history is demonstrated, the FWC would then be required to consider the broader interests of the Australian public, including any significant impact on the economy or parts of it.

“We asked for the restoration of the public interest test, the Government has delivered a Bill, and now it is up to the Parliament that the Australian public elected to consider it,” Steve Knott AREEA Chief Executive, said.

If the Bill is passed in its current form, the public interest test will be applied to the proposed CFMEU, MUA and TCFUA merger (CFMMEU), currently the subject of a ballot of members of the MUA and TCFUA.

In an undemocratic move, but one available to the CFMEU under the current laws, it sought and was granted an exemption from balloting CFMEU members as part of the current merger proceedings.

AREEA is opposing the CFMMEU merger based on member concerns about the impact on the resources and energy industry.

Those concerns are especially compelling when understood in the context of what the CFMEU and the MUA in particular have in mind.

Those unions have made it clear that they see the proposed merger as an opportunity to strengthen their capacity to engage in unlawful and disruptive behaviour- best understood by viewing this link.

Why Australia really needs the public interest test in this Bill

This Bill is a necessary step to restore balance and regenerate public confidence in the conduct and operation of registered organisations in Australia. It will:

• Restore industrial rights that existed for 100 years’ prior to the 2009 Gillard Government’s amendments, restoring the basic right to intervene in industrial matters where sufficient impact can be demonstrated;
• Balance freedom of registered organisations to operate without unnecessary interference with consideration of the legitimate interests of the Australian public, or parts of it. Specifically, to ensure registered organisations comply with Australian workplace laws as a minimum pre-condition of expansion of power and influence; and,
• Regenerate public confidence (both in local community and from international investors) by incentivising compliance with Australian workplace laws and clarifying that disruption, militancy and lawlessness is not tolerated within the Australian industrial landscape.

None of the new provisions will be of any consequence to those organisations and officials who comply with the law. Registered organisations honestly and lawfully representing their members and who comply with Australian workplace laws would easily pass this public interest test.

This Bill is likely to be debated in the Senate during its November sittings, and AREEA continues to encourage our parliamentarians to protect Australia’s public interest and pass this Bill without further delay.

For more information about this Bill or the CFMMEU merger proceedings, please contact Amanda Mansini at [email protected].