Senator Eric Abetz, the Minister for Employment on Victoria's Supreme Court, Police and trade unions - Michael Smith News
The
law needs to be enforced, whenever it is broken. All of us will recall
the horrific scenes of lawlessness on the streets of Melbourne in August
2012. The conduct itself was bad enough, but what made it even more
contemptible was that it involved a deliberate breach of orders of the
Supreme Court. It is hard to imagine a more flagrant display of contempt
for the rule of law.
law needs to be enforced, whenever it is broken. All of us will recall
the horrific scenes of lawlessness on the streets of Melbourne in August
2012. The conduct itself was bad enough, but what made it even more
contemptible was that it involved a deliberate breach of orders of the
Supreme Court. It is hard to imagine a more flagrant display of contempt
for the rule of law.
The
old truism says that “Justice Delayed is Justice Denied”. While I am
conscious of the separation of the executive government from the
judiciary, I trust there were good and cogent reasons why it took nine
months for the Supreme Court to reach a decision that the CFMEU was
guilty of contempt of court. There are no doubt equally good and cogent
reasons why it is taking another nine months for the court to hand down
its penalty. Suffice to say I find it difficult to explain these delays
to those that may be minded to seek the protection of the law and
desperately need speedy resolution of their issues.
old truism says that “Justice Delayed is Justice Denied”. While I am
conscious of the separation of the executive government from the
judiciary, I trust there were good and cogent reasons why it took nine
months for the Supreme Court to reach a decision that the CFMEU was
guilty of contempt of court. There are no doubt equally good and cogent
reasons why it is taking another nine months for the court to hand down
its penalty. Suffice to say I find it difficult to explain these delays
to those that may be minded to seek the protection of the law and
desperately need speedy resolution of their issues.
For
most of us, the notion of compliance with the law is simply taken as a
given. Unfortunately, however, the building industry contains a number
of participants who take a different approach. Their attitude is to be
as well-behaved as they feel they need to be. So when laws are not
effectively enforced there is a downward spiral of lawlessness.
most of us, the notion of compliance with the law is simply taken as a
given. Unfortunately, however, the building industry contains a number
of participants who take a different approach. Their attitude is to be
as well-behaved as they feel they need to be. So when laws are not
effectively enforced there is a downward spiral of lawlessness.
In
light of the many revelations of unlawful conduct over the past month, I
have taken a close interest in the responses of the various bodies
responsible for upholding the range of laws that apply to the building
industry. In particular, I have noted the absence of Police involvement
in situations that one might ordinarily think would attract their
interest.
light of the many revelations of unlawful conduct over the past month, I
have taken a close interest in the responses of the various bodies
responsible for upholding the range of laws that apply to the building
industry. In particular, I have noted the absence of Police involvement
in situations that one might ordinarily think would attract their
interest.
Police
leadership have claimed it is due to factors such as a lack of
resources or lack of evidence. Whatever the explanation is, I hope it is
not another factor on their part which is equally crucial - a lack of
will. It would be disturbing if crimes of corruption or violence that
would immediately be jumped on if they occurred anywhere else go
unpunished just because they occur on a building site. Nobody would want
to conclude that a mentality at the higher levels of Police to “keep
the peace” rather than “uphold the law” has in some way encouraged an
increase in such behaviour.
leadership have claimed it is due to factors such as a lack of
resources or lack of evidence. Whatever the explanation is, I hope it is
not another factor on their part which is equally crucial - a lack of
will. It would be disturbing if crimes of corruption or violence that
would immediately be jumped on if they occurred anywhere else go
unpunished just because they occur on a building site. Nobody would want
to conclude that a mentality at the higher levels of Police to “keep
the peace” rather than “uphold the law” has in some way encouraged an
increase in such behaviour.
If
a person were to enter uninvited to a private residence, or a
commercial premises in another industry, block access to the site and
intimidate its occupants, that conduct would be reported to Police and
Police would act. But if that person happens to be a union
representative and the location is a building site, then that conduct is
considered to be different, only because it has the label of an
“industrial dispute”. I do not want to see a perverse culture
surrounding this industry which discourages victims to complain to
Police, or seeks ways to excuse the conduct of perpetrators.
a person were to enter uninvited to a private residence, or a
commercial premises in another industry, block access to the site and
intimidate its occupants, that conduct would be reported to Police and
Police would act. But if that person happens to be a union
representative and the location is a building site, then that conduct is
considered to be different, only because it has the label of an
“industrial dispute”. I do not want to see a perverse culture
surrounding this industry which discourages victims to complain to
Police, or seeks ways to excuse the conduct of perpetrators.
I
dare say that if Police Command in Flinders Street were to suddenly
find its driveways blocked, its doors picketed and staff on site
threatened and abused, then those matters would be very quickly and
effectively dealt with. Those responsible would be left in no doubt that
such conduct is completely unacceptable. This is as it should be. The
problem is that every other Victorian workplace should be treated the
same way. As the CFMEU likes to say, “One Law For All”.
dare say that if Police Command in Flinders Street were to suddenly
find its driveways blocked, its doors picketed and staff on site
threatened and abused, then those matters would be very quickly and
effectively dealt with. Those responsible would be left in no doubt that
such conduct is completely unacceptable. This is as it should be. The
problem is that every other Victorian workplace should be treated the
same way. As the CFMEU likes to say, “One Law For All”.
