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Coalition MPs attack ACTU boss Sally McManus's defence of unlawful strikes Coalition MPs attack ACTU boss Sally McManus's defence of unlawful strikes
(about 4 hours later)
The Turnbull government has blasted new Australian Council of Trade Union secretary Sally McManus’s comments that she believes there is no problem breaking “unjust laws” such as rules restricting industrial action.The Turnbull government has blasted new Australian Council of Trade Union secretary Sally McManus’s comments that she believes there is no problem breaking “unjust laws” such as rules restricting industrial action.
McManus made the comments on ABC’s 7:30 on Wednesday, her first day in the new role, prompting the employment minister, Michaelia Cash, to call on Bill Shorten to unequivocally reject them, which he immediately did. McManus made the comments on ABC’s 7:30 on Wednesday, her first day in the new role, prompting the employment minister, Michaelia Cash, to call on Bill Shorten to unequivocally reject them.
Shorten has rejected McManus’s comments, but the Greens have leapt to her defence with industrial relations spokesman Adam Bandt arguing the laws she criticised breach international law.
McManus was asked whether she supported the rule of law, to which she said yes.McManus was asked whether she supported the rule of law, to which she said yes.
Presenter Leigh Sales asked if the ACTU would distance itself from the Construction Forestry Mining Energy Union, one of its affiliates, for more than 100 court cases in which it was accused of breaking the law or contempt of court.Presenter Leigh Sales asked if the ACTU would distance itself from the Construction Forestry Mining Energy Union, one of its affiliates, for more than 100 court cases in which it was accused of breaking the law or contempt of court.
“There is no way we’ll be doing that,” McManus said, because the CFMEU had been fined for taking industrial action.“There is no way we’ll be doing that,” McManus said, because the CFMEU had been fined for taking industrial action.
“It might be illegal industrial action according to our current laws and our current laws are wrong.“It might be illegal industrial action according to our current laws and our current laws are wrong.
“It shouldn’t be so hard for workers in our country to take industrial action when they need to.”“It shouldn’t be so hard for workers in our country to take industrial action when they need to.”
McManus argued the CFMEU often unlawfully stopped worked because of a worker’s death. She said the union was fined more than companies “that actually kill workers”, citing Grocon, which was fined $250,000 for the deaths of three workers in 2014.McManus argued the CFMEU often unlawfully stopped worked because of a worker’s death. She said the union was fined more than companies “that actually kill workers”, citing Grocon, which was fined $250,000 for the deaths of three workers in 2014.
New #ACTU boss Sally McManus happy for workers to break 'unjust laws'. #abc730 #auspol https://t.co/Ws1QYXSDiX pic.twitter.com/0onW8N7NHPNew #ACTU boss Sally McManus happy for workers to break 'unjust laws'. #abc730 #auspol https://t.co/Ws1QYXSDiX pic.twitter.com/0onW8N7NHP
When Sales challenged how McManus could say she believed in the rule of law, the union leader replied: “I believe in the rule of law when the law is fair and the law is right, but when it’s unjust I don’t think there’s a problem with breaking it.”When Sales challenged how McManus could say she believed in the rule of law, the union leader replied: “I believe in the rule of law when the law is fair and the law is right, but when it’s unjust I don’t think there’s a problem with breaking it.”
The Fair Work Act limits industrial action to bargaining periods and only allows workers to strike for certain content of agreements in their workplace.The Fair Work Act limits industrial action to bargaining periods and only allows workers to strike for certain content of agreements in their workplace.
In Australia it is unlawful to strike outside a bargaining period, to bargain across an industry or supply chain, to engage in secondary boycotts to assist other workers’ strikes and to strike for political reasons.In Australia it is unlawful to strike outside a bargaining period, to bargain across an industry or supply chain, to engage in secondary boycotts to assist other workers’ strikes and to strike for political reasons.
The ACTU’s position is these laws unjustifiably interfere with the right to freedom of association in international law.The ACTU’s position is these laws unjustifiably interfere with the right to freedom of association in international law.
The point has never been finally adjudicated by the International Labour Organisation, but Australia’s foremost expert on the right to strike, Shae McCrystal, has argued the Fair Work Act is inconsistent with ILO conventions.The point has never been finally adjudicated by the International Labour Organisation, but Australia’s foremost expert on the right to strike, Shae McCrystal, has argued the Fair Work Act is inconsistent with ILO conventions.
The Australian Law Reform Commission, which reviewed common law rights and freedoms, has said the laws “may be seen as inconsistent with international law norms”.The Australian Law Reform Commission, which reviewed common law rights and freedoms, has said the laws “may be seen as inconsistent with international law norms”.
The Australian government believes the laws do comply with ILO conventions.The Australian government believes the laws do comply with ILO conventions.
In an interview with Guardian Australia, McManus explained why she thought the laws were overly restrictive and said she would push parliament to allow collective bargaining across an industry, supply chain, or according to occupation.In an interview with Guardian Australia, McManus explained why she thought the laws were overly restrictive and said she would push parliament to allow collective bargaining across an industry, supply chain, or according to occupation.
In 2016 the fair work ombudsman investigated Fairfax journalists for a snap strike against job cuts, although no legal action was taken.In 2016 the fair work ombudsman investigated Fairfax journalists for a snap strike against job cuts, although no legal action was taken.
In a statement, Cash said McManus’s comments were “an extraordinary admission by a newly minted union leader that she believes she is above the law”.In a statement, Cash said McManus’s comments were “an extraordinary admission by a newly minted union leader that she believes she is above the law”.
“McManus has tonight belled the cat on the principles of militant unions in Australia: they will obey the law if and when they choose.”“McManus has tonight belled the cat on the principles of militant unions in Australia: they will obey the law if and when they choose.”
Cash said McManus had “justified and excused” the CFMEU’s “atrocious record of lawlessness and militancy” and called on Shorten to immediately and unequivocally reject the remarks.Cash said McManus had “justified and excused” the CFMEU’s “atrocious record of lawlessness and militancy” and called on Shorten to immediately and unequivocally reject the remarks.
Asked about the comments, Shorten said: “I just don’t agree.”Asked about the comments, Shorten said: “I just don’t agree.”
“If you don’t like a law, if you think a law is unjust, use the democratic process to get it changed.“If you don’t like a law, if you think a law is unjust, use the democratic process to get it changed.
“We believe in changing bad laws, not breaking them.”“We believe in changing bad laws, not breaking them.”
Bandt told Guardian Australia: “Obviously we can’t all just pick and choose which laws we want to follow, but our labour laws breach international law and you can’t condemn people who get punished under them.”
Bandt said McManus was right in arguing workers are “getting punished for doing no more than advancing their rights at work, which they are entitled to do under international laws that Australia has signed up to”.
“The Labor party has never had the guts to repeal these ... Howard-era restrictions on bargaining and I hope the ACTU’s intervention prompts Labor to rethink their craven support for unjust labour laws.”