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You can find the current article at its original source at https://www.theguardian.com/australia-news/2019/oct/11/federal-court-rules-union-regulator-did-not-have-reasonable-grounds-to-raid-awu
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| Court rules union regulator did not have 'reasonable grounds' to raid AWU | |
| (30 minutes later) | |
| The Australian Workers’ Union has successfully challenged the union regulator’s decision to have police raid its offices in Melbourne and Sydney but fell short in its attempt to show the investigation was motivated by an improper purpose. | The Australian Workers’ Union has successfully challenged the union regulator’s decision to have police raid its offices in Melbourne and Sydney but fell short in its attempt to show the investigation was motivated by an improper purpose. |
| On Friday the federal court justice Mordecai Bromberg rejected the AWU’s position that raids on their offices in October 2017 by the Registered Organisations Commission (ROC) were made to “embarrass or politically harm” then-opposition leader Bill Shorten. | On Friday the federal court justice Mordecai Bromberg rejected the AWU’s position that raids on their offices in October 2017 by the Registered Organisations Commission (ROC) were made to “embarrass or politically harm” then-opposition leader Bill Shorten. |
| But the AWU succeeded in showing the “suspicion” that the union had breached its rules was not a reasonable grounds to conduct the raid, meaning the case will now move to consider whether the raids were invalid and evidence collected should be returned to the union. | But the AWU succeeded in showing the “suspicion” that the union had breached its rules was not a reasonable grounds to conduct the raid, meaning the case will now move to consider whether the raids were invalid and evidence collected should be returned to the union. |
| Although the judge found no wrongdoing by then-employment minister Michaelia Cash, the judgment is politically embarrassing to the government since it concludes Cash’s advisor David De Garis and Michael Tetlow in then-justice minister Michael Keenan’s office tipped media off about the raid. | Although the judge found no wrongdoing by then-employment minister Michaelia Cash, the judgment is politically embarrassing to the government since it concludes Cash’s advisor David De Garis and Michael Tetlow in then-justice minister Michael Keenan’s office tipped media off about the raid. |
| Ensuring integrity bill: officials contradict Christian Porter on union deregistration | Ensuring integrity bill: officials contradict Christian Porter on union deregistration |
| In October 2017 police raided the AWU headquarters investigating whether donations made to GetUp and Labor candidates in 2005 were authorised under the union’s rules. | In October 2017 police raided the AWU headquarters investigating whether donations made to GetUp and Labor candidates in 2005 were authorised under the union’s rules. |
| On Friday justice Bromberg rejected the AWU’s claim the regulator had no power to investigate alleged historical breaches. | On Friday justice Bromberg rejected the AWU’s claim the regulator had no power to investigate alleged historical breaches. |
| The judge found that the ROC’s delegate Chris Enright believed if the union had made the political donations then those acts were in breach of its rules, the “reasonable grounds” on which he relied to order the raids. | The judge found that the ROC’s delegate Chris Enright believed if the union had made the political donations then those acts were in breach of its rules, the “reasonable grounds” on which he relied to order the raids. |
| But the judge said there was “no basis” for this opinion, citing a section of industrial law that after four years officers’ conduct must be “taken to have been done in compliance with the rules” of the union. | But the judge said there was “no basis” for this opinion, citing a section of industrial law that after four years officers’ conduct must be “taken to have been done in compliance with the rules” of the union. |
| Justice Bromberg rejected the AWU’s claims the investigation was initiated for an improper purpose, concluding the evidence “does not establish” Enright had taken Cash’s political interests into account. | Justice Bromberg rejected the AWU’s claims the investigation was initiated for an improper purpose, concluding the evidence “does not establish” Enright had taken Cash’s political interests into account. |
| In October 2017 Cash repeatedly denied her office’s involvement in leaking the impending raids to the media but then-senior media adviser, David De Garis, resigned after Buzzfeed revealed he had tipped them off. The AFP then set up an investigation into the leak. | In October 2017 Cash repeatedly denied her office’s involvement in leaking the impending raids to the media but then-senior media adviser, David De Garis, resigned after Buzzfeed revealed he had tipped them off. The AFP then set up an investigation into the leak. |
| In July 2018 the police referred the media tipoff to prosecutors to consider whether there was sufficient evidence to lay charges, but the Commonwealth Director of Public Prosecutions later concluded there were “no reasonable prospects of a conviction” for the unauthorised leak. | In July 2018 the police referred the media tipoff to prosecutors to consider whether there was sufficient evidence to lay charges, but the Commonwealth Director of Public Prosecutions later concluded there were “no reasonable prospects of a conviction” for the unauthorised leak. |
| Australian trade unions | Australian trade unions |
| Bill Shorten | Bill Shorten |
| Australian politics | Australian politics |
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