An application by four union officials to stop an ABCC investigation was today dismissed by the Federal Court at Melbourne. Justice Marshall also ordered the applicants to pay the ABCC’s legal costs.
On 19 November 2007, CFMEU Victorian senior vice president Noel Washington, CFMEU organiser John Setka, ETU official David Mier and CEPU official Ivan Balta filed the application with the Federal Court. The application sought to restrain the ABCC from exercising its powers to compel Mr Washington and Mr Balta to attend and answer questions at an examination.
Justice Marshall affirmed the ABCC’s investigation was being conducted for a proper purpose and is a lawful investigation under the Building and Construction Industry Improvement Act 2005 (BCII Act). Justice Marshall dismissed the applicants’ claims.
Justice Marshall stated in his judgement “the evidence does not support the proposition that the investigation would not have occurred but for a desire to question union officials about their attitude to co-operation with the ABCC.”
The ABCC’s investigation relates to alleged intimidation of witnesses.
ABC Commissioner John Lloyd said the ABCC had postponed the examinations, pending the Federal Court decision.
“Today’s judgement demonstrates that the ABCC’s compliance powers are used lawfully and appropriately,” Mr Lloyd said.
“The ABCC uses its compliance powers carefully. They are invoked only when all avenues of voluntary co-operation are exhausted and where there is a belief on reasonable grounds that information relevant to an investigation is being withheld.”
The ABCC’s compliance powers are based on those used by the Australian Competition and Consumer Commission. They are similar to the powers of other regulatory bodies such as the Australian Securities and Investment Commission and the Australian Taxation Office. Only the ABC Commissioner or his Deputy Commissioners may approve and conduct examinations.
Due to confidentiality provisions of the BCII Act, the ABCC is unable to comment on the investigation.