On 11 August, I went court with Ark Tribe and heard his 16-year-old son say he was proud of his dad. And so he should be.  I’m proud of him too, and so are thousands of Australian construction workers.

Ark has been charged under the Building Industry Improvement Act, a relic of the union-bashing Howard era. His “crime” is allegedly refusing to attend an interview with the ABCC.

For this, Ark joined those accused of assault, theft, social security fraud and drug dealing to face justice, Australian-style, circa 2009.

If he’s convicted, he faces 6 months’ imprisonment.

No right to silence

Unlike other defendants at the court that day, Ark has no right to silence under the law.

Why not?  Because he is a construction worker under investigation by the ABCC.

Supporters of the Building Law invariably call us violent and corrupt. Such malicious smearing of construction workers has nothing to do with reality – just ask the people who get up early every day to build this nation or look at the results of the Cole Royal Commission: not one worker or unionist was prosecuted for any of those things.

Even if this were true, those crimes could not be investigated using the ABCC’s coercive powers. Violent and corrupt conduct are classed as “criminal” activities and are investigated by the police. And guess what?  People investigated by the police for such crimes would have the right to silence.

ABCC double standards

The meeting Ark attended was held after serious safety problems at his site were ignored by the builder, necessitating the intervention of the Union and Safe Work SA.

The ABCC didn’t summon Ark for an interview to talk about safety problems. Evidence adduced at their secret hearings can be used against one’s workmates or union officials in prosecutions at the courts.

But don’t ask anyone interrogated by the ABCC what happened to them, because it’s an offence to discuss their secret hearings with anyone except the worker’s lawyer – not even your spouse, priest or doctor! And the ABCC can also refuse permission for representation by your lawyer of choice.

Support Ark

Ark’s case was adjourned to pre-trial submissions in Adelaide on 30 October . Lots of construction workers will be at the court on 30 October to support Ark in his just fight against laws which are discriminatory and unfair.

Check out the Campaign pages of this website for details of actions you can take in this fight.