The ABCC’s incompetence in conducting its investigations and presenting evidence to the courts is another reason the Howard-era construction watchdog has to go, the CFMEU said today.

“Federal Court criticism of the ABCC for its ‘sloppy investigative practice’ in a case dismissed this week adds to a long list of court denouncements of the watchdog’s handling of its responsibilities in the industry,” said CFMEU Construction National Secretary Dave Noonan.

“Ever since the Howard Government set up the first Building Industry Taskforce, watchdog investigators have engaged in disreputable practices in their biased pursuit of construction workers and their union representatives. Secret taping, unreliable witnesses, botched evidence, the illegal interrogation of 203 construction workers – are all part of the ABCC’s legacy.”

In two recent cases against union officials, which were dismissed by the Courts, the ABCC was criticised for its investigations.

“In this week’s decision, the Federal Court found the ABCC had not proved the facts they alleged and even if they had, it would not have amounted to a contravention of s45 of the BCII Act,” Mr Noonan said.

“In December, the Federal Magistrates Court found that a CFMEU organiser and delegate had been dealing with a genuine safety problem, which the ABCC had claimed was spurious.

“In that case, the ABCC not only dropped part of its claims during the hearing; they also conceded, at the close of their case, that the safety issue was genuine.

 “Australian taxpayers might well ask why millions of dollars are being wasted annually on an outfit that remains patently biased against union members and their representatives and wastes the time of the courts on cases with no merit.

“It’s time for this Howard-era disreputable organisation to be abolished completely along with all its coercive powers. The Australian Government has the opportunity to do so this week. Construction workers and the Australian public who are equally appalled at ABCC’s powers and incompetence expect no less,” Mr Noonan said. 

For transcripts of these decisions:

• ABCC v Stephenson & Ors [22 Dec 2011] FMCA 1026 http://www.austlii.edu.au/au/cases/cth/FMCA/2011/1026.html
• Cozadinos v CFMEU [6 Feb 2012] FCA 46 http://www.austlii.edu.au/ 

See also In the Press:

• Building officials changed evidence The Age Feb 8, 2012
• ABCC officials ‘lost’ key notes The Age Feb 7, 2012