Democracy is under attack!
Not just the CFMEU
Please read & sign our Charter of Appeal, the future of your industry is at stake
Please read & sign our Charter of Appeal, the future of your industry is at stake
To:
From: The Undersigned Members of the CFMEU (Construction, Forestry, Maritime and Employee Union).
In an era where Australian workers face unprecedented challenges it is imperative that we, as members of the CFMEU (Construction, Forestry, Maritime & Employee Union) come together to demand the respect, protection and rights we deserve. This charter represents one collective voice, calling for immediate decisive action from the Fair Work Commission, the ACTU, the ALP & our government appointed Administrator.
We accompany this Charter of Appeal with a signatory panel of CFMEU members and ALP branch members.
In these challenging times acknowledgment of our diversity and unity is more critical than ever. We, the undersigned members, reaffirm our commitment to the principles of solidarity, mateship, and collective strength.
As we face pressures of capitalism, neo-feudalism and efforts to silence our voices, we stand resolute in our pledge to “work together, stick together.”
This Charter of Appeal is a testament to the unwavering will of CFMEU members and the broader Labor movement at a grassroot level. In an act of unity and shared purpose, we include the signatures of ALP branch members who stand with us in our fight for fairness and justice.
The ALP, in a shocking alliance with the Liberal party have pushed through unprecedented anti-worker legislation; the draconian nature of these new laws are unparalleled in our industry.
The perversion of natural justice concerning any potential wrongdoing within our Union has culminated in handing over more authority to an appointed administrator than a panel of Fair Work Commissioners or a Federal Court judge. Under these new provisions, the concept of unfair dismissal is obliterated, and the possibility of compensation for wrongdoing erased.
An administrator under these new laws wields power beyond what any democratic body should tolerate. Unlike a Panel of Commissioners or a Federal Court judge, the administrator has unilateral authority to override established practices, impose sanctions without due process and dismiss longstanding representatives without recourse or compensation. We stand resolute against flagrant abuses of power and erosion of rights during this attack on the foundations of workplace justice –
We sign this Charter of Appeal in staunch opposition to these injustices!
We, the undersigned members of the CFMEU denounce the recently unlawful actions of Commissioner Furlong. The claim that Commissioner Furlong was/is “providing for the democratic functioning and control of organisations” is fundamentally flawed, particularly when evaluating the Commissioner’s endorsement of secondary administration over primary administration appointed by our National Office.
The Fair Work (Registered Organisations) Act 2009 (prior to the 2024 amendments) establishes that our National Office's administration was the sole democratic pathway forward, unions must be afforded due process —
We sign this Appeal to affirm our unwavering support on this principle, we call on the ALP to repel the Fair Work (Registered Organisations) Act 2024 amendments!
We, the undersigned, denounce the systemic discrimination and vilification faced by our organisation at the hands of contemporary media. The ALP's passive acceptance of these false narratives is unacceptable. Capitalist propaganda created by our legacy media, consistently distorts truth about workers pay, conditions, and the broader economic landscape.
The Australian Press Council (APC), tasked with safeguarding journalistic integrity, has always been a toothless watchdog failing to stem the daily flow of destructive falsehoods. The media’s deliberate obfuscation of facts is evident in numerous recent factually incorrect hit pieces blaming Trade Unions for things like rising costs of housing.
Conflation of news with opinion has created a toxic environment where truth is sacrificed for sensationalism and political gain. The ALP must acknowledge this pervasive issue and actively work to restore truth in public discourse —
We call upon the ALP to support the establishment of a robust, independent media monitor that can effectively hold publications accountable for their transgressions and protect the public from the harmful effects of media deception. Without such measures, the integrity of our democracy remains at risk, and the rights of workers will continue to be trampled by a biased and unaccountable press.
The ALP’s failure to establish a Federal Independent Commission Against Corruption (ICAC) undermines transparency and accountability of all big business’s & nontax paying multi nationals. For example, the ALP's failure to inform the Fair Work Commission of John Holland's theft of services on the Westgate Tunnel Project in Benalla is a grave oversight and gives credence to this point of the appeal —
We remind the ALP that class stratification is not their goal, the ALP must establish a Federal ICAC!
The call for secondary administration of Graham McCulloch following Zack Smith’s appointment of administrator Geoffrey Watson SC undermines the democratic processes within our Union —
We the undersigned members call on the ALP to end its appointed administrator and repeal the Fair Work (Registered Organisations) Act’s 2024 amendments.
The ALP’s push to remove workers with criminal records from government projects is a discriminatory practice that harms rehabilitated individuals. We call on the ALP, Sally McManus, Commissioner Furlong, Murray Watt to support anti-discrimination laws. We will not stand for any form of discrimination and will elevate our voice to the Australian Human Rights Commission if needed —
Criminal records must not be used as grounds to refuse individuals the right to work on any projects, the addressees must denounce these ideologies and ensure any individuals with criminal records are allowed to work and rehabilitate.
In the past workers on projects such as Chevron’s Barrow Island gas project have been coerced into signing Enterprise Bargaining Agreements (EBAs) under false pretences, including misleading information about company bottom lines and risk assessments. Employers like UGL and Monadelphous manipulated bargaining to coerce workers into signing agreements with pay cuts, ie.“If you all don’t vote this EBA up, we’ll lose the contract”. One of many examples of employer abuse under the Fair Work Act, yet there is a conspicuous absence of any initiatives on the Fair Work website encouraging workers to come forward with these grievances.
Additionally, we see no outreach from Fair Work to employees who are coerced into signing EBAs on behalf of hundreds, (even thousands) of unaware onsite workmates (like those involved in the CUB dispute June 2016). These workers have been referred to by corporate industrial relation firms as “a safety net” of workers, who are promised on going employment on the basis they sign off on EBA’s. These legal precedents exist allowing these small numbers of employees to bargain unelected on behalf of their workforce, failure to amend the Fair Work Act’s ability to allow for unfairly chosen agreements continues to disadvantage workers every day, creating a race to the bottom in wages and conditions —
The same level of scrutiny applied to the CFMEU must be applied to those gaming these loopholes since Fair Work’s inception 2009. We call upon the ALP to protect collective bargaining by including its entire prism! We call upon the ALP to investigate multinationals & big business’s setting up shelf company’s and facilitating non-genuinely agreed and unfairly chosen EBAs. New legislation must be drafted at the same speed recent Registered Organisation amendments were!
Authority to call for member led appointments.
The exclusion of working-class union members from critical decision-making processes, particularly concerning the modification of CFMEU constitutional rules, undermines the fundamental principle of democratic control and function within our Union. The removal of organisers, executives, or elected officials without member involvement similarly erodes trust between leadership and the membership.
It is undemocratic to override our Union's National Office and its’ choice of administrators, just as it is to change the National or State based rules at any level without involving the fabric of that Union, its members.
Moving forward our collective voice must be at the forefront of decisions impacting our Union's governance —
We call upon the administrators, including Mark Irvin, Graham McCulloch, and all State-based CFMEU administrators, to ensure that any removal or dismissal of organisers, executives, or elected officers is followed by a member-driven replacement process within a 60-day period. This process must allow all members to participate through a direct vote from the shop floor.
Both members and any government-appointed administrators (as provided for under the Registered Organisations Act 2009) shall be entitled to nominate candidates for the vacant positions.
We demand immediate activation of the provisions built into our Union's existing constitutional rules particularly Rules 16,17, 20 and 21 of the National Rules and Section 48 and 52 of the (Victorian) State Rules, similarly any other state rules serving the purpose of organiser replacement or retrenchment. These sections enable referenda or member-driven mechanisms to be enacted, which shall be utilised to initiate leadership appointments and rule changes, ensuring democratic oversight of our Union's governance.
This Charter of Appeal serves as a petition supported by signatures from over 10% of the CFMEU's membership, calling for amendments to both National and State rules to guarantee these democratic processes are enshrined and upheld.
The ALP’s history is steeped in class struggle going all the way back to 1891, a pivotal moment in Australian history amongst shearers, that was not just a battle over wages, but a defining struggle for the rights and dignity of those workers. These actions galvanized the Labor movement, leading to the formation of the Australian Labor Party. It symbolised the fight against oppression and the pursuit of social justice.
While we acknowledge that times change and new challenges emerge, the principles that underpinned this historic struggle remain relevant. History matters, it informs our values and guides our actions today.
The construction industry, like many others, has a proud history of offering second chances to reformed individuals. It is unjust to single out this industry with targeted discrimination —
As the ALP navigate contemporary issues, we urge them to stay true to the spirit of solidarity and justice. We, the members, call on the ALP to honour the Labor Party’s foundational values, deeply rooted in class struggle and the fight for workers' rights!
“We call for an immediate end to all branches under administration”.
This charter of appeal demonstrates our collective resolve to fight for our rights and ensure a fair and democratic future for our Union.
We stand united in our pursuit of justice and fairness. This charter of appeal represents our commitment to uphold the principles of democracy, transparency, and integrity within the CFMEU and the broader Labor movement. We call on the addressees to listen to our voices and act in the best interests of all CFMEU members.
CFMEU members do not care what club, group, organisation, religion or creed you’re from – the minute you step foot on the coal face you’re only part of one!
The Working Class.
Max Chandler-Mather speaks on Labor and the Liberals plan to seize control of the CFMEU and what it means for the rule of law in Australia.
In a country like Australia, we apply the law and pursue wrongdoing through the courts, where everyone is afforded the right to due process. At least, that’s what we’re supposed to do.
Our Charter of Appeal is a response to the unprecedented attack on working people's democratic rights. The corporate media have driven decades of relentless attacks on CFMEU working people. These attacks almost always attempt to play us off against one another, our family’s and our friends.
These outlets and their even richer friends have always claimed our wages are too high whilst concealing their own true wealth & power.
Now this legacy media with their oligarch mates want to create an illusion we’re out of control, a story sold on to the Australian Labor Party (ALP).
With this gross misrepresentation of the truth the ALP has placed political spin and expediency before natural justice, introducing legislation stripping our members of any democratic say in the operation of our union (for a period of at least three years).
This along with the cowardice of the Australian Council of Trade Unions (ACTU) opened up a road map for the decimation of all Trade Unions, not just at the CFMEU. We understand many in the grassroot memberships of other unions making up the ACTU stand with us and support our right to organise and elect our own leaders. Sally McManus needs to hang her head in shame, not only did she vote with the likes of the Transport Workers Union Secretary’s to kick us out of an important council, but has also turned her back on natural justice, shame!
Working people deserve the right to apply for jobs anywhere, just as we do to the right to withdraw that labour. These rights along with freedom of association and free speech are Paramount to our democracy!
Within 6 months of the ABCC and right-wing building code being removed, freedom allowing Trade Unions to push for more apprenticeship began. Positions and upskilling for woman in the workplace and space for first nations workers (to get involved in industry) reached new highs. These untested allegations of corruption are shovelled on us before any investigation can be afforded due process. New laws have been slapped on our CFMEU, removing elected leaders who have had pivotal roles in good faith bargaining ensuring wins for Trade Union working class families. These EBA’s have driven record high membership and far greater worksite safety.
The ALP have written new laws quicker than it’s taken for decades of industrial manslaughter laws to become enshrined. While Tabcorp, ANZ and many other companies are investigated or found to be routinely in breach of Australian law, their administrators are nowhere to be seen.
We demand a return to democracy for our Union and removal of all laws that limit working people's ability to bargain for fair and safe working conditions. We support our National Office and it's right to natural justice. The solution to corruption in a union has always been within the membership of that union.
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