Former CFMEU official launches high court challenge over Albanese government law

Former construction union officials have launched a high court challenge against the Albanese government’s law appointing administrators to run the union following accusations of criminal misconduct and bikie links.
Jade Ingham, former national president of the Construction, Forestry and Maritime Employees Union, announced the challenge, accusing state and federal Labor governments of “active treachery and class warfare” for having “stolen” the union from members.
On Tuesday Ingham told reporters in Brisbane the laws were “unconstitutional, undemocratic and … definitely un-Australian”, confirming the action would seek to have the administrators removed.
Last week Guardian Australia reported the challenge is expected to argue the law breached the separation of powers.
Court documents, seen by Guardian Australia, reveal the other grounds are that the law: breached the implied freedom of political communication; did not have a sufficient connection to a commonwealth power; and amounted to taking union property without “just terms” compensation, a clause of the constitution made famous by the film The Castle.
The documents note the Fair Work Commission general manager had already applied to appoint an administrator in the federal court.
“There are no facts or circumstances that would justify vesting control over the property and affairs of the Queensland Northern Territory branch in the administrator,” they argue, noting that “none of the allegations” in the media related to that branch.
In a statement Ingham said: “The most important people in this are the members of the CFMEU whose voices have been excluded. Members are furious about their union being taken away from them. Their union has been stolen from them.
“This is active treachery and class warfare against the working class in this country from the state and federal governments. Union bashing never worked for the Tories, so why did Labor think it would work for them? CFMEU members will have their voices heard.”
The sacked Queensland and Northern Territory construction secretary, Michael Ravbar, told a public rally on Tuesday he would be a plaintiff in the challenge.
The documents confirm that Ravbar and William Kane Lowth, the former assistant Queensland secretary, are the plaintiffs.
They note Ravbar has been the subject of “nine declarations that he contravened industrial legislation”. Lowth has “not been found to have contravened industrial legislation on any occasion”.
The unionists are represented by two senior counsels, Bret Walker and Craig Lenehan, Christopher Tran and Naomi Wootton.
Ingham revealed the Electrical Trades Union, firefighters’ union, Australian Manufacturing Workers’ Union, Rail Tram and Bus Union, and plumbers’ union had financially supported the case. He suggested other unions were doing so “privately”.
“They understand that this is not just about the CFMEU … This is a very dangerous precedent to set, and what the Labor party have done is given a blueprint to the conservatives of this country to attack trade unions.”
Former officials have also launched a public campaign called Your Union Your Choice, he said.
At a press conference in Perth, Anthony Albanese said the government is “cleaning up the industry and we make no apologies for it”.
He said the challenge was “fully expected”, citing the Victorian construction secretary, John Setka, who resigned from the union, had also taken Labor to court over Albanese’s decision to have him expelled from the party.
“We will stand by our position – the government’s position will be defended.”
Albanese said Labor had taken “strong action” to appoint administrators to the CFMEU. He noted Coalition former ministers, including Peter Dutton, had said issues in the construction industry had “been around for a long period of time” but hadn’t “done anything about it”.
The Australian Building and Construction Commission – the Coalition’s watchdog – “didn’t solve it”, he said.
“I’m about fixing it, because decent trade unionists who work to improve the wages and conditions of their fellow members … they deserve our respect.
“And the legitimate role of the trade union movement is undermined wherever there is corruption.”
Ingham said the administration was “all about political control”.
“It’s not about criminality and corruption,” he said. “If it was, they would allow those allegations to be tested in courts of law.”