We can confirm that the hearing this morning in the Federal Court in Brisbane resulted in a continuation of the injunction secured in relation to the warrant that was executed at the Queensland branch on November 19.
The Australian Federal Police attached to the Trade Union Royal Commission Police Taskforce must also provide material to the CFMEU which was given to the magistrate who issued the warrant.
The matter has been listed for further hearing for December 7, 2015.
We can confirm that the CFMEU secured an injunction in relation to the warrant that was executed at the Queensland branch yesterday, by the Trade Union Royal Commission Police Taskforce.
The Federal Court handed down the decision in Brisbane this morning and the matter has been listed for further hearing next Tuesday 24th November.
The CFMEU condemns the raid of the Queensland branch of the CFMEU by more than 25 Federal Police officers.
The police, who arrived at 7 AM executed a search warrant of the office.
National CFMEU Construction Secretary Dave Noonan questioned the need for this exercise given that the union has fully complied with each and every notice issued by the Royal Commission.
“We respect the important work of the police in protecting the community but challenge the legitimacy of this operation, given that their resources could be better utilised elsewhere,” he said.
Explosive evidence before the Liberal Party's Royal Commission has exposed it once again as a flawed and biased political witch hunt.
A former colleague and friend of Andrew Zaf, the Commission's 'star' witness against the union last year, testified on oath that Zaf's serious allegations against the CFMEU Victorian Construction Secretary John Setka had been completely fabricated.
Mr Gary Cheetham also swore on oath that Zaf stabbed himself in the leg and lied to police regarding threats and intimidation in an attempt to add credibility to the evidence he gave against the CFMEU in 2014.
This testimony was supported by a police report that cast serious doubt over Zaf's claims.
The CFMEU has been made aware that submissions of Counsel Assisting the Trade Union Royal Commission have been provided to the media, contrary to the directions of the Commissioner.
The union will raise this matter with the Royal Commission and will ask for police investigations into the leak.
The documents themselves are submissions of Counsel Assisting; they are not a finding of the Royal Commission and will be responded to by the union’s lawyers in due course.
It should be remembered that these submissions are essentially just the view of the Consel Assisting. They are not the findings of the Commission.
The Trade Union Royal Commission, which has been accused of apprehended bias, does not operate under the same rules of evidence as a court of law.
Any finding by the Commission in regards to this or any other matter will still have to stand up to the far more vigorous requirements of a real court.
The leaking of a report by the Fair Work Building Commission (FWBC) to the Liberal Party's favourite newspaper, The Australian, is a timely reminder of this agency’s blatantly partisan agenda.
CFMEU Construction National Secretary Dave Noonan said that this morning’s article in The Australian (“1000 crimes on building sites”) was yet another demonstration of the continued attack on workers' rights by the Liberal Government and its pet agency.
The CFMEU has welcomed the decision of the ACT Director of Public Prosecutions decision to offer no evidence against ACT organiser Johnny Lomax when his case comes up in court on October 19.
CFMEU Construction National Secretary Dave Noonan said that the decision meant that Mr Lomax – who was charged with blackmail for negotiating an EBA that meant an employer was required to pay higher wages – was entirely vindicated.
The CFMEU has called on the Federal Government to increase funding for rehabilitation programs for people with substance abuse problems if they really care about the health of construction workers.
The union is making the call in response to Senator Abetz’s bill to introduce drug and alcohol testing as part of the building code.
CFMEU Construction National Secretary Dave Noonan said he welcomes Mr Abetz’s interest in the welfare of construction workers.
September 17 2015
The CFMEU today succeeded in getting an injunction against the Australian Federal Police from handling, viewing or copying any of the material or data seized during the raid on the CFMEU Canberra office on 25 August.
Acting Justice Robinson of the ACT Supreme court said the CFMEU had an ‘arguable case’ in respect of its contentions that the issuing and execution of the search warrants was unlawful.
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