Unions in Labor A handbrake on reform

Patrick Hannaford Research Fellow James Paterson Deputy Executive Director

July 2015

www.ipa.org.au About the Institute of Public Affairs

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Since 1943, the IPA has been at the forefront of the political and policy debate, defining the contemporary political landscape.

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Throughout human history, these ideas have proven themselves to be the most dynamic, liberating and exciting. Our researchers apply these ideas to the public policy questions which matter today. About the Authors

Patrick Hannaford is a Research Fellow at the Institute of Public Affairs. Prior to joining the IPA, Patrick was an intern at the Cato Institute, the Competitive Enterprise Institute, and Reason Magazine. His writing has appeared in a number of publications including The Age, Australian, Herald Sun, Spectator , Reason Magazine, Reason.com, Townhall.com, the PanAm Post, FreedomWatch, and the IPA Review.

James Paterson is the Deputy Executive Director. Previously, he served as Editor of the IPA Review and Director of Development and Communications. James has appeared on ABC's Q&A, Sky News, ABCNews24, 774 Melbourne and 3AW. James' research and analysis has been featured in The Wall Street Journal, , The Australian Financial Review, The Morning Herald, The Age, The Herald Sun, The Courier Mail, The Spectator and Quadrant.

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Executive summary  The disproportionate level of union influence in Australian politics acts as a handbrake on reform.

 This influence is caused by the deep institutional links between the union movement and the ALP. It has both caused and been reinforced by the special legal privileges the union movement has been granted.

 The ALP National Platform contains 169 references to unions. Many of these grant constitutional power to affiliated trade unions.

 50 per cent of delegates to ALP state conferences must be from affiliated unions. This leads to a similar representation at National Conference. These union delegates are allocated based on the size of a union’s membership.

 The ALP’s National Executive is the chief organisational body in the party. Of the 26 current members currently on the National Executive, 19 are current or former union officials.

 Half of all federal ALP MPs and Senators have previously held a paid position in a trade union. This includes 23 of 55 lower house MPs, and 17 of 25 (68 per cent) ALP senators. More than half of the ALP front bench, 22 of 43, are former union officials.

 50 of the 80 federal ALP politicians (63 per cent) are backed by one of only 9 specific trade unions. Amongst ALP senators, 21 out of 25 (84 per cent) are backed by one of these 9 specific trade unions.

 The unions with the most influence in the current parliament are the AMWU and the SDA, who can count on the loyalty of 13 and 12 members of the caucus, respectively. This is followed by the AWU with 9 members, and the TWU and United Voice, each with 5.

 This influence has a significant impact on the policies passed by ALP governments. The most obvious example of this is the area of industrial relations. Despite multiple periods of reform, the union movement has been able to ensure that it maintains a legally enshrined role in Australian’s industrial relations system.

 The union movement also successfully demanded that the ALP abolish the construction industry watchdog, the Australian Building and Construction Commission. And blocked successive attempts to privatise state electricity assets in NSW.

 The union movement has also been gain a significant influence over Australian institutions, such as the Fair Work Commission. Of the 44 current commissioners, 22 come from a union background. The other half of the commission is made up of 11 commissioners from an employer association background, and 11 from some other background—at least two of whom have close ties to the union movement and the ALP.

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Contents Executive summary ...... 2 Introduction ...... 5 Section 1 – Party principles ...... 6 1.1 – ALP National Platform ...... 6 1.2 – Union membership requirements...... 6 1.3 – Binding Caucuses...... 7 Section 2 – Organisational structure ...... 9 2.1 – Union affiliation ...... 9 2.1(a) – Incentives created by affiliation ...... 9 2.2 – ALP State and National conferences ...... 10 2.3 – ALP National Executive...... 11 2.4 – National policy forums ...... 11 2.4(a) – Policy commissions ...... 12 2.5 – Australian Labor Advisory Council ...... 13 2.6 – Campaign funding ...... 13 Section 3 – Parliamentary party ...... 14 3.1 – Former ALP prime ministers ...... 14 3.2 – Background of current MPs ...... 14 3.3 – Union Backed MPs in the current parliament ...... 15 3.3(a) – Union influence in the parliament...... 16 Section 4 – Union influence at institutional level ...... 18 4.1 – The Fair Work Commission ...... 18 4.1(a) – Composition and bias of the Fair Work Commission...... 18 4.1(b) – The sidelining of non-union commissioners ...... 19 4.2 – Superannuation system ...... 21 4.3 – Legal privileges ...... 22 Section 5 – Policy ...... 24 5.1 – Industrial Relations ...... 24 5.1(a) – Historical influence over industrial relations ...... 24 5.1(b) – The current industrial relations laws ...... 26 5.1(c) – Queensland right of entry laws ...... 27 5.2 – Building and construction industry ...... 27 5.2(a) – The Australian Building and Construction Commission ...... 27

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5.2(b) – Victorian construction industry watchdog ...... 28 5.3 – Electricity privatisation in NSW ...... 29 5.4 – Manufacturing assistance ...... 29 5.5 – Government promotion of union membership ...... 30 Conclusion ...... 31

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Introduction From the 1980s to the mid-2000s, Australia underwent a wholesale program of economic and political reform. Reforms passed by both sides of politics dismantled the Australian Settlement, and created the longest period of economic growth of any nation on record.1

But this capacity to prosecute the reform has now been lost. The Rudd/Gillard governments were incapable of prosecuting the case for some of their most important reforms, and the continuing budget crisis shows that the has also struggled with the reform task.

A range of reasons have been given for this change of political climate.

In his book Sideshow: dumbing down democracy, former ALP Finance Minister Lindsay Tanner argues that the 24 hour news cycle has distorted the political discourse.2

Former Treasury Secretary Ken Henry, has argued that the power of vested interests is to blame.3 And Paul Kelly thinks a deeper cultural malaise is to blame.4

But there is one barrier to reform that has been consistently overlooked. This is the disproportionate and excessive level of union influence in Australian politics.

In 2007 the union movement spent $30 million dollars on their ‘Your Rights at Work’ campaign to defeat the . 5 This is significantly higher than the $22 million the mining industry spent to oppose Ken Henry’s mining tax.6

The right to join a union is a fundamental principle for any free and democratic country. But it is unhealthy for an interest group representing 8 per cent of the Australian population to have such an unprecedented level of influence over Australian politics.7

The cause of this disproportionate influence is the extensive links between the union movement and the , and the special legal privileges unions have been granted as a result.

This paper will outline the extent of union influence in the ALP, and over Australian politics more broadly. It will highlight the extensive union influence that exists at all levels of the ALP. It will show some of the institutional influence and privileges that the union movement enjoys.

Finally, it will highlight how this has led to a disproportionate influence over Australian public policy.

1 Xavier La Canna, “Aust economic growth longest of any nation,” Australian, 2 August 2012, accessed 7 July 2015. http://www.theaustralian.com.au/news/latest-news/aust-economic-growth-longest-of-any-nation/story-fn3dxiwe-1226429071085 2 Lindsay Tanner, Sideshow: dumbing down democracy, Carlton North: Scribe. 2011. 3 Ben Packham, “Ken Henry says vested interests make genuine reform harder,” Australian, 5 October 2011, accessed 7 July 2015. www.theaustralian.com.au/archive/national-affairs/beware-of-taxes-to-fix-behaviour-warns-gary-banks/story-fnab4up0-1226159023383 4 Paul Kelly, “Broken system can’t fix nation’s problems,” Australian, 19 March 2015, accessed 7 July 2015. http://www.theaustralian.com.au/opinion/columnists/broken-system-cant-fix-nations-problems/story-e6frg74x-1227268443451 5 Australian Council of Trade Unions, “NEW Book - ‘Worth Fighting For - Inside the Your Rights at Work Campaign,” Australian Council of Trade Unions, 17 November 20078, accessed 26 May 2015, http://www.memberconnect.com.au/Tools/print.aspx?ArticleId=6231 6 Ben Packham, “Ken Henry says vested interests make genuine reform harder,” Australian, 5 October 2011, as above. 7 Australian Bureau of Statistics. 3101.0 - Australian Demographic Statistics. Australian Bureau of Statistics: September 2014. Accessed 26 May 2015. http://www.abs.gov.au/ausstats/[email protected]/mf/3101.0 ; and Australian Bureau of Statistics. 6310.0 – Employee Earnings, Benefits and Trade Union Membership. June 2014. Accessed 26 May 2015. http://www.abs.gov.au/ausstats/[email protected]/mf/6310.0

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Section 1 – Party principles All political parties have certain principles that they are built upon. These principles affect the entire political party.

This section outlines some of the ALP’s core principles which grant the union movement a disproportionate influence over Australian politics. 1.1 – ALP National Platform The links between the ALP and the union movement are enshrined in the constitutional structure of the ALP.

The National Platform of the ALP is littered with references to the union movement.

 There are 169 references to unions within the 269 page ALP National Platform. 8  These references range from platitudes and statements of values to provisions granting the union movement constitutional power within the ALP. 1.2 – Union membership requirements According to the ALP National Platform:

 Members of the ALP are required to be members of a trade union, 9 and;  To employ union labour ‘to the maximum extent permitted by law.’10

Declining union membership These provisions have continued to exist despite a dramatic decline in union membership.

 In 1990 the level of trade union membership was at 41 per cent of the Australian workforce.11  In the decade between 2003 and 2013, the number of employees who were members of a trade union (in relation to their main job) fell from 23 per cent of the Australian workforce to the current rate of 17 per cent.12  Of this 17 per cent, more than two thirds (68 per cent) have been members for five years or more.

This suggests that unless there is a substantial increase in new members, the percentage of union membership in the Australian workforce will continue to steadily decline as existing members exit the workforce.

Union membership in broader population The ALP is one of the major forces in Australian politics. When it forms government, it must govern in the interests of all Australians.

8 Australian Labor Party. Australian Labor Party National Platform and Constitution 2011: as determined by the 45th National Conference of the ALP: December 2011, Accessed 14 April 2015, http://www.alp.org.au/national_platform 9 Ibid, 251; and Australian Labor Party Victorian Branch. ALP Victorian Branch Rules: April 2013 Accessed 14 April, 2015, https://www.viclabor.com.au/wp-content/uploads/2012/08/Final-Rules-April-2013.pdf 10 Ibid 11 Australian Bureau of Statistics. 6310.0 – Employee Earnings, Benefits and Trade Union Membership. June 2014. Accessed 26 May 2015. http://www.abs.gov.au/ausstats/[email protected]/mf/6310.0 12 Ibid

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 As of mid-2014, there were 23.5 million people in Australia. 13 Only 8 per cent, 1.8 million people, are members of a trade union.14

By requiring party members to be members of a trade union, the ALP is limiting its ability to effectively represent the interests of the broader Australian community.

 Of Australia’s 16.2 million eligible voters,15 89 per cent are technically ineligible to join the ALP, which has governed Australia for 19 of the last 35 years, at the federal level. 16

Generally unenforced The ALP’s Union membership requirement is generally unenforced and ignored by party branches. 17 Nevertheless, its presence in the ALP constitution is evidence of the connection between the ALP and the union movement, and the influence that unions hold. 1.3 – Binding Caucuses The ALP requires all its members to abide by the decisions of the National Conference and National Executive—including the members of federal parliament.18

 This founding principle of the ALP was created to ensure that elected MPs were accountable to affiliated unions and party members.19  It distinguishes the ALP from their Liberal Party and National Party opponents, as well as the British Labour Party.  This policy enables the union movement to enforce their will and silence their internal critics, provided they are able to obtain over 50 per cent of the votes on a particular decision.

A similar policy of exists for decisions made by the parliamentary caucus.20

 MPs who cross the floor, or otherwise go against these decisions, risk being expelled from the party.  Binding caucuses in parliament ensures that ALP MPs will be required to support union backed policies, if MPs loyal to a union have managed to obtain support from a majority of caucus.

The culture of binding caucuses exists at all levels within the ALP, including the factions and sub-factions of the party.

As a result, a handful of unions are able to gain inordinate power within the ALP.21

13 Australian Bureau of Statistics. 3101.0 - Australian Demographic Statistics. Australian Bureau of Statistics: September 2014. Accessed 26 May 2015. http://www.abs.gov.au/ausstats/[email protected]/mf/3101.0 14 Australian Bureau of Statistics, 6310.0 – Employee Earnings, Benefits and Trade Union Membership, as above. 15 Australian Electoral Commission. Enrolment Statistics. Australian Electoral Commission: March 2015. Accessed 26 May 2015. http://www.aec.gov.au/Enrolling_to_vote/Enrolment_stats/. 16 Australian Bureau of Statistics, 6310.0 – Employee Earnings, Benefits and Trade Union Membership, as above. 17 AAP. “ALP-union Member Rules 'crazy': Plibersek.” Australian. 30 March 2014. Accessed 26 May 2015. http://www.theaustralian.com.au/news/latest-news/alp-union-member-rules-crazy-plibersek/story-fn3dxiwe-1226868989043. 18 Australian Labor Party. Australian Labor Party National Platform and Constitution 2011: as determined by the 45th National Conference of the ALP: December 2011, as above, 234. 19 Ibid, 233. 20 Ibid, 234-235.

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As Mark Coultan explained in The Australian: ‘anyone who control[s] the dominant sub-faction in the dominant faction control[s] the parliamentary party, and therefore the parliament and state government.’22

21 Mark Aarons, "Mate of the Union." Monthly, March 2013, accessed May 26, 2015, https://www.themonthly.com.au/nsw-labor-s- crooked-ways-mate-union-mark-aarons-7635 22 Mark, Coultan. “Factional system let Eddie Obeid reign rampant.” Australian. 8/1/2013. Accessed 4/24/2015. http://www.theaustralian.com.au/national-affairs/opinion/factional-system-let-eddie-obeid-reign-rampant/story-e6frgd0x- 1226689098457.

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Section 2 – Organisational structure This section outlines some structural reasons for the extensive level of union influence in the organisational wing of the ALP. 2.1 – Union affiliation The heart of the union movement’s influence over the ALP is the ability of unions to become formally affiliated with the party.23

 The number of unions affiliated to the ALP varies from state to state, as unions affiliate to their state or territory branch rather than to the national organisation. In , there are currently 19 different unions affiliated to the ALP.24

Affiliation grants unions delegates to party conferences, with the number of delegates for each union based on the size of their membership.25

2.1(a) – Incentives created by affiliation The power and influence that comes from union affiliation has led at least two of Australia’s largest unions to artificially inflate their membership numbers.

 At the end of 2013 it was reported that the NSW branch of the TWU had inflated their membership numbers by 41,000.26  The TWU is the power base of ALP National Vice President, Tony Sheldon, as well as Senator Stephen Conroy.  By inflating their membership numbers, the TWU gained an extra 15 delegates to the NSW state conference.  This was a 54 per cent increase in the number of TWU delegates, taking the total to 43.27

The TWU is not alone in manipulating its membership numbers.

 The Royal Commission into Trade Union Governance and Corruption (currently underway at the time of writing) has heard that the Victorian branch of the AWU also inflated its membership numbers to increase its influence in the ALP.28  The artificial increase in the AWU’s membership appears to have come at the cost of low paid workers the union was representing.  The AWU did a side deal with a cleaning company it was under negotiations with. The deal prolonged a WorkChoices era wage agreement which made employees worse off than they would have been under the current award.

23 Australian Labor Party. Australian Labor Party National Platform and Constitution 2011: as determined by the 45th National Conference of the ALP: December 2011, as above, 252. 24 Victorian Labor, “Labor and Unions,” accessed 26 May 2015, https://www.viclabor.com.au/about/unions/. 25 Australian Labor Party. Australian Labor Party National Platform and Constitution 2011: as determined by the 45th National Conference of the ALP: December 2011, as above, 252. 26 Schneiders, Ben and Royce Millar. “TWU inflated membership numbers to gain voting clout.” Sydney Morning Herald. 12/1/2013. Accessed 4/24/2015. http://www.smh.com.au/federal-politics/political-news/twu-inflated-membership-numbers-to-gain-voting-clout- 20131130-2yiny.html. 27 Ibid. 28 Mark, Coultan. “AWU side deal 'artificially inflated membership'.” Australian. 5/28/2015. Accessed 5/28/2015. http://www.theaustralian.com.au/national-affairs/industrial-relations/awu-side-deal-artificially-inflated-membership/story-fn59noo3- 1227372664195.

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According to reports in The Australian:

‘Casual cleaners, who mostly worked after hours and weekends, got $18.14 an hour, while under a new award they would have got $50.17 an hour. A level 3 cleaner working on Sundays got $19.86 an hour instead of $41.44, about 121 per cent more.’29

The deal saved the cleaning company $2 million per year, and in return the company sent the union a list of employees and agreed to pay their union memberships.30

The Victorian Secretary of the AWU at the time of the Cleanevent deal was current Victorian upper house MP, Cesar Melhem.

 The royal commission has also heard that, during Melhem’s tenure, the AWU collected $225,000 from Winslow Constructors in health and safety training fees, which was then used to fund union memberships.31

The Cleanevent deal has led to Cesar Melhem resigning as Victorian government upper house whip.32 2.2 – ALP State and National conferences State Conferences As a constitutional requirement, all ALP state conferences must be ‘comprised of 50 per cent union representatives, and 50 per cent constituency Party representatives.’33

This grants the union movement the ability to wield extensive influence over the ALP.

 It enables officials to obtain, and appoint their allies to, key positions within the party structure, and;  It provides the ability to influence the preselection of parliamentary candidates.

National Conference The ALP National Conference is the ‘supreme governing authority of the party.’ 34

 It is held every three years. 35  It is responsible for the creation of the ALP national platform—which comprises the party rules and constitution, the goals of the party and the statements of Labor values, as well as party policy. 36

29 Ibid. 30 Ibid. 31 Kelly, Joe and Anthony Klan. “Australian Workers Union 'scams' haunt .” Australian. 6/5/2015. Accessed 6/5/2015. http://www.theaustralian.com.au/national-affairs/industrial-relations/australian-workers-union-scams-haunt-bill-shorten/story- fn59noo3-1227383785438. 32 AAP. “Vic MP Melhem resigns as whip”. Australian. 9/06/15. Accessed 9/06/15. http://www.theaustralian.com.au/business/latest/vic- mp-melhelm-resigns-as-whip/story-e6frg90f-1227389602604 33 Australian Labor Party. Australian Labor Party National Platform and Constitution 2011: as determined by the 45th National Conference of the ALP: December 2011, as above, 234. 34 Ibid, 234. 35 Ibid, 236. 36 Ibid, 236.

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 With the exception of some office holders within the party—such as Federal and State parliamentary leaders—the majority of delegates at the conference are elected by the state branches.37  Through their influence at state conferences, affiliated trade unions account for approximately 50 per cent of delegates to the National Conference as well.38

The union movement has extensive influence over the proceedings and decisions of the conference. This includes the policy positions that the parliamentary party will campaign on and ultimately attempt to legislate.

One of the responsibilities of the National Conference is the election of the National Secretary of the party, and 20 members of the 26 member National Executive.39 2.3 – ALP National Executive The National Executive is the chief administrative authority of the ALP, and is subject only to the National Conference.40

 According to the ALP National Platform, ‘the National Executive may exercise all powers of the Party on its behalf without limitation, including in relation to the state branches and other sections of the Party.’41  It is responsible for carrying out the decisions of the National Conference, interpreting the party’s constitution and national platform, and even directing federal members.42  It has the ability, under certain circumstances, to intervene in, and overrule the decisions of state branches, including on the crucial matter of preselections for federal parliament.43

As a result of the union movement’s influence over the National Conference, the union movement is able to influence the makeup of the National Executive.

 Of the 26 current members of the National Executive, 9 are current union officials.  Of the remaining 17 members, a further 10 are former union officials.  This means that 19 of the 26 members (73 per cent) on the ALP’s chief administrative body are current or former union officials. [Appendix II]  Most of Australia’s major trade unions are represented on the National Executive. This includes Australia’s peak union body, the ACTU, as well as well as an 8 of Australia’s biggest trade unions. [Appendix II] 2.4 – National policy forums Constitutional requirements mandating union representation exist throughout the party platform.

37 Ibid, 235, 251. 38 ALP national platform, 251; and Craig Mark. "ALP National Conference: Party Reform the Empty Seat at the Table." The Conversation. 4 December 2011. Accessed 26 May 2015. http://theconversation.com/alp-national-conference-party-reform-the-empty-seat-at-the-table- 4562 39Australian Labor Party. Australian Labor Party National Platform and Constitution 2011: as determined by the 45th National Conference of the ALP: December 2011, as above, 237. 40 Ibid. 237 41 Ibid, 237. 42 Ibid, 237. 43 Ibid, 238.

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One example at the national level is the National Policy Forum, which plays an important role in setting the long term policy direction of the party. 44

The National Policy Forum is a body designed to facilitate policy development and promote debate amongst the different sections of the ALP—including the Federal Parliamentary Labor Party, party members, and affiliated trade unions.45

It acts as a conduit between the party and the broader labour movement,46 and it has the responsibility of ‘providing advice to the National Conference and National Executive on any matter of policy.’47

 The forum is comprised of 69 members, who are elected and appointed in a variety of ways.48  This includes 20 members elected from the federal parliamentary party, 20 local branch members, and 20 trade union representatives who are appointed by the National Executive.  The remaining 9 members are made up of various national office bearers, as well as positions elected directly from National Conference or appointed by the National Secretary.49

This guarantees almost a third of roles to affiliated unions.

However, because of their influence on the National Conference, and amongst the parliamentary party (described in section 3), the union movement is likely to have a greater level of influence than the number of positions they are directly allocated.

 If the 20 members elected from the parliamentary party, and the 3 elected by National Conference, are a representative sample of these bodies, then unions can expect to have influence over approximately 45 per cent of positions on the National Policy Forum.

2.4(a) – Policy commissions One of the roles of the National Policy Forum is to set up policy commissions to consider matters referred to it by the leader of the parliamentary party or the National Executive.50

Policy commissions are several steps below the key decision making bodies of the ALP, but they do have an influence over the early stages of policy formation.

 Policy commissions are responsible for examining and issuing reports about the issues they have been referred.  The recommendations of these reports, if approved by the National Policy Forum, then go to the parliamentary party, or the National Conference for approval as party policy.51

Even at this relatively low level, union representation is mandatory.

44 Australian Labor Party. Australian Labor Party National Platform and Constitution 2011: as determined by the 45th National Conference of the ALP: December 2011, as above, 245. 45 Ibid, 243. 46 Ibid, 243. 47 Ibid, 244. 48 Ibid, 243. 49 Ibid, 243 50 Ibid, 245. 51 Ibid, 245.

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 According to the National Platform, the commissions must comprise 9 members—3 MPs or Senators, 3 rank and file representatives, and 3 trade union representatives.52 2.5 – Australian Labor Advisory Council In case mandatory union representation across the party’s organisational and administrative bodies wasn’t enough, there is also the Australian Labor Advisory Council (ALAC).

 The ALAC is designed to ‘provide a formal consultative mechanism between the Party and the union movement’.53  The ALAC consists of the leader and senior members of the parliamentary party, the National President and National Secretary or their nominees, and representatives of the ACTU.

The existence of the ALAC—an entire body created solely to ensure unions have influence within the ALP—highlights the extent to which the ALP is intertwined with the union movement. 2.6 – Campaign funding The union movement also gains influence by funding ALP election campaigns.

 In the 2013-14 financial year, the Victorian branch of the ALP received $1.6 million in campaign donations from unions.  This amounted to almost 70 per cent of all donations the party received.54  This $1.6 million included hundreds of thousands of dollars each from the CFMEU, NUW, AWU, and SDA.  In the case of the CFMEU, the Victorian ALP election campaign received $139,350 from the Victorian division of the union, and a further $195,000 from the union’s national office.55

This is the same militant construction union which, in 2014, was fined $1.25 million for the illegal blockade of Grocon worksites, which it had conducted in 2012.56

52 Ibid, 245. 53 Ibid, 248. 54 Michelle Ainsworth, "Unions Bankrolled ’ Labor State Election Campaign with $1.6 Million in Donations." Herald Sun. February 2, 2015. Accessed June 11, 2015. http://www.heraldsun.com.au/news/victoria/unions-bankrolled-daniel-andrews-labor-state- election-campaign-with-16-million-in-donations/story-fni0fit3-1227205552804. 55 Ibid. 56 "CFMEU Fined $1.25m over Grocon Protests in Melbourne." ABC News. March 30, 2014. Accessed June 11, 2015. http://www.abc.net.au/news/2014-03-31/cfmeu-fined-1-25-million-over-grocon-protests-union-melbourne/5355976.

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Section 3 – Parliamentary party The relationship between the union movement and the ALP has enabled it to gain a level of representation in the Australian parliament that is greater than any other interest group.

This influence has chiefly been achieved by ensuring that former trade union officials are preselected as ALP candidates. 3.1 – Former ALP prime ministers This has been a successful strategy for over a century.

 Of Australia’s 28 prime ministers, 11 had a background in a trade union prior to entering parliament.  Only one of these 11 was not an ALP prime ministers.57  There have been 12 ALP Prime Ministers in total, and only 2 haven’t had a background in the union movement.  These are Gough Whitlam, and —who was deposed in controversial circumstances, involving several current and former trade union officials.58 [Appendix III]

The number of Australian prime ministers with a union background is substantially higher than some of our closest democratic allies.

 The United States of America has had a total of 43 Presidents.59  Only 1, Ronald Reagan, had a trade union background before taking office.  There have been no US presidents from the Democratic Party—the ALP’s ideological counterpart —with a background in the union movement. 3.2 – Background of current MPs One measure of the level of union influence in the current federal parliamentary ALP is the number of MPs and Senators who have previously held paid positions in a trade union.

 There are 80 members of the ALP who current hold elected office in the Australian parliament, 40 have previously held paid positions in a trade union.

Front-bench More than half of the ALP front-bench are former union officials.

 22 of the 43 shadow ministers and parliamentary secretaries having held a paid position in a trade union. [Appendix IV]

Senate The presence of former union officials is particularly high in the Senate.

57 Australia’s Prime Minister, “In Office: Joseph Cook” Australia's Prime Minister, accessed 26 May 2015. http://primeministers.naa.gov.au/primeministers/cook/in-office.aspx 58 Matthew Knotts and Paul Barry. "Rudd's Knifing One Year On: Where Are the Key Players Now?" Crikey. June 24, 2011. Accessed May 26, 2015. http://www.crikey.com.au/2011/06/24/coup-anniversary-where-are-they-now/?wpmp_switcher=mobile 59 Biography.com, "George Washington Biography." biography.com, accessed 26 May 2015. http://www.biography.com/people/george- washington-9524786#presidency

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 Of the 25 current ALP senators, 17 (68 per cent) have previously held a paid position in a trade union.

House of Representatives Union officials are comparatively under-represented in the House of Representatives.

 23 of the 55 ALP MPs have held a paid position in a trade union.  However, this is still 42 per cent of all ALP MPs in the lower house—more than five times the 8 per cent of Australia’s population who are members of a trade union (see section 1.2).

Influence beyond former union officials Union influence inside the parliamentary party isn’t limited to the presence of former union officials.

 When MPs and senators who are factionally aligned to unions are included, the level of union influence increases to 72 per cent of the overall caucus.  this includes 64 per cent of lower house MPs, and a stunning 92 per cent of ALP senators. [Appendix IV & V] 3.3 – Union Backed MPs in the current parliament The ALP’s factional system is notoriously fluid—there have been four factional re-alignments in the Victorian branch of the ALP in the last seven years alone.60 This makes it difficult for anyone to accurately analyse the factional loyalties of MPs.

Nevertheless, by examining the backgrounds of MPs and publically available news records, it is possible to create an approximation of the factional alignment of current MPs and Senators. This was the process undertaken for this paper, the full results can be found in Appendix V.

Union backed MPs The factional support for MPs doesn’t always come from a union they previously worked for, and not all MPs backed by a union are former union officials.

There are 36 different trade unions affiliated to the ACTU—excluding their state branches.61

 However, 50 of the 80 federal ALP politicians (63 per cent) are backed by one of only 9 specific trade unions.  Amongst ALP senators, 21 out of 25 (84 per cent) are backed by one of these 9 specific trade unions.

This gives these trade unions direct influence inside parliament.

Influence of union—a comparison Union influence in the current parliament is not divided equally amongst the union movement.

Even amongst these 9 unions, some have been more successful than others in getting their former officials and factional allies elected to parliament.

60 James Massola and Richard Willingham. "New Victorian Super-faction Boosts Bill Shorten's Influence on Labor Party Machine." The Age, 22 April 2015, accessed 26 May 2015. http://www.theage.com.au/federal-politics/political-news/new-victorian-superfaction-boosts-bill- shortens-influence-on-labor-party-machine-20150422-1mpqte?skin=dumb-phone 61 ACTU. “Affiliates and TLCs”. Accessed 7 July 2015. http://www.actu.org.au/about-the-actu/affiliates-and-tlcs

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 The union with the most influence in federal parliament is the AMWU who can count on the loyalty of 6 Senators and 7 MPs.  They are followed closely by the SDA, with the loyalty of 6 Senators and 6 MPs.

This level of influence explains why Joe de Bruyn, the National President of the SDA, has said that, ‘You have far more impact as a union leader than being a member of parliament—absolutely, especially at a union like ours.’62

 The unions with the next highest number of allies in parliament are the AWU, with 9 allies in parliament—including current opposition leader Bill Shorten;  the TWU and United Voice, each with 5 factional allies;  the CPSU, with 3 factional allies in parliament.  A further three unions, the NUW, CEPU, and ASU each have the loyalty of 1 MP.

It must be emphasised that factional loyalties in politics are not always clear cut, and are not always public knowledge. The contents of this section should therefore only be viewed as an approximation of union loyalties of current ALP MPs. Sources for each individual parliamentarian can be found in Appendix V.

3.3(a) – Union influence in the Queensland parliament Following their election loss in 2012, the Queensland ALP was left with 7 MPs in an 89 seat parliament.63

 This year they were returned to government with 43 seats, compared to 42 for the Liberal National Party.64  This was not enough for an outright majority, but it did result in the election of ALP leader as Queensland Premier.

It was also a great victory for the union movement, who had significantly bankrolled the ALP’s election campaign.

This has given Queensland unions significant influence in the new parliament.

 An idea of the level of union influence in this parliament can be seen in the inaugural speeches of newly elected ALP MPs.  At the time of writing, 30 of the ALP’s 36 newly elected MPs had given their inaugural speeches to the Queensland Parliament.  These 30 speeches contained over 180 mentions of various unions and trade union officials. [Appendix VII]

The union movement’s sense of ownership over Palaszczuk’s government was recently highlighted by the Courier-Mail.

62 Matthew Knotts, "The World of Union Heavies." The Power Index, 7 May 2012, accessed 26 May 2015. http://www.thepowerindex.com.au/list-overview/the-world-of-union-heavies. 63 "Queensland Votes." ABC News. March 24, 2012. Accessed June 11, 2015. http://www.abc.net.au/elections/qld/2012/guide/sop.htm 64 "Live Results." ABC News. February 17, 2015. Accessed June 11, 2015. http://www.abc.net.au/news/qld-election-2015/results/

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 The paper reported that the Queensland head of the left-wing union United Voice, Gary Bullock, was bragging about the union’s role in the election of 7 state MPs, two of whom are now in cabinet.65  Bullock was quoted as having referred to these politicians as ‘United Voice MPs’.66

65 Jason, Tin. “Unions hoping to cash in on poll pledges.” Courier-Mail. 4/2/2015. Accessed 5/28/2015. http://www.couriermail.com.au/news/queensland/unions-hoping-to-cash-in-on-poll-pledges/story-fnihsrf2-1227311146748. 66 Ibid.

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Section 4 – Union influence at institutional level Through its relationship with the ALP, the Australian union movement has extended its influence to several Australian institutions. This section outlines the union influence in three Australian institutions. 4.1 – The Fair Work Commission The Fair Work Commission is Australia’s industrial relations umpire, and was created by the Fair Work Act.

 It is tasked with enforcing the Fair Work Act and has the power to set and modify conditions and awards, and is responsible for resolving workplace disputes—including through arbitration.67  It is also tasked with ‘facilitating good faith bargaining and the making of enterprise agreements’.68

The Fair Work Commission reversed the trend of industrial relations reform which, since the 1990s, had reduced the court and tribunal interference in Australian workplace relations.69

As John Lloyd, the former Director of the IPA’s Work Reform and Productivity Unit, described in a submission to the 2012 Fair Work Act Review:

Fair Work Australia (FWA) vets and approves agreements. It can review bargaining practices and issue binding orders on how bargaining is to be conducted. It can arbitrate on the pay and conditions to apply to groups of so called low paid employees. It can suspend or terminate bargaining and impose an arbitrated outcome on the disputants. It oversees the finances and the conduct of unions and employer associations. 70

This reversal of the decentralising trend in Australian’s industrial relations reform benefits the trade union movement.

4.1(a) – Composition and bias of the Fair Work Commission The Fair Work Commission has a disproportionately high number of former trade union officials. [Appendix VI]

 There are 44 members on the Fair Work Commission (not including ‘additional members’).71  Of these 44 members, 22 have an employment background in a trade union.  Only 11 members have a background at an employer or business association.  The remaining 11 members have neither a union nor employer association background.

Commissioners in ‘neither’ category It would be reasonable to assume that the 11 members with neither an employer association nor

67 Fair Work Commission, “Overview,” accessed 26 May 2015, https://www.fwc.gov.au/at-the-commission/overview 68 Ibid. 69 John Lloyd, Fair Work Act Review 2012 (Institute of Public Affairs: February 2012), accessed 26 May 2015, 14. 70 Ibid, 14. 71 Fair Work Commission, “List Commission Members,” accessed 26 May 2015, https://www.fwc.gov.au/at-the-commission/members- panels/list-commission-members

18 union background may be more sympathetic to employers than to trade unions. This is undoubtedly the case with some of the commissioners. For example:

 Vice President Graeme Watson ‘led some of the biggest anti-union legal cases in Australian history’ when he was a lawyer at Freehills.72

However, this is not the case for all of those in the ‘neither’ category. For example:

 Vice President Adam Hatcher is a former lawyer who represented the TWU, and stood as an ALP candidate in the 1990 federal election.73  Likewise, Commissioner Leigh Johns had a long term involvement in the ALP.74

Hatcher and Johns’ connections to the ALP and the union movement suggests that the representation of pro-union perspectives on the Fair Work Commission extends even beyond the 22 commissioners with a union background.

Appointments by Rudd/Gillard There were 24 commissioners appointed when Rudd or Gillard were prime minister.

 15 had a trade union background—including the President of the Commission, Justice Ian Ross.  Only 4 of the commissioners they appointed had previously worked at an employer association.  A further 5 had some other background.

4.1(b) – The sidelining of non-union commissioners In 2013, the announced the creation of two new statutory roles on the Fair Work Commission. This decision was made despite it not being recommended in the review of the Fair Work Act, nor requested by union or employer groups.75

The creation of these two new positions effectively sidelined and demoted two senior members of the commission.

 The positions were for two new Vice Presidents, who would slot into the commission’s hierarchy above the current Vice Presidents—Michael Lawler and Graeme Watson.76  Both Watson and Lawler were Howard government appointees.  Graeme Watson is known as one of the most pro-employer members of the commission.

At the time of the announcement, the Law Council of Australia warned that the creation of these new positions risked ‘reduc[ing] the independence of the tribunal’.77 The Law Council also raised

72 Patrick, Aaron. "Unfair Play by Workplace Umpire." Australian Financial Review. April 2, 2013. Accessed May 27, 2015. http://www.afr.com/news/policy/industrial-relations/unfair-play-by-workplace-umpire-20130401-j0yox 73 Patrick, Aaron. "Fair Work Commission Bench Line-up Not so Fair, Says Business." Australian Financial Review. April 13, 2014. Accessed May 27, 2015. http://www.afr.com/news/policy/industrial-relations/fair-work-commission-bench-lineup-not-so-fair-says-business- 20140413-ix5kz 74 Ben Schneiders, Jobs for mates row over Fair Work appointees,” Sydney Morning Herald, 29 March 2013, accessed 26 May 2015, http://www.smh.com.au/federal-politics/political-news/jobs-for-mates-row-over-fair-work-appointees-20130328-2gxfo.html 75 Joe Kelly, "Fault Lines Start to Appear as Fair Work Australia Attempts to Get Its House in Order." Australian. January 15, 2013. Accessed May 27, 2015. http://www.theaustralian.com.au/news/features/fault-lines-start-to-appear-as-fair-work-australia-attempts-to-get-its- house-in-order/story-e6frg6z6-1226547814421 76 Ibid.

19 concerns about the government’s decision to expand the powers of the commission’s president— allowing him to take over cases referred to the full bench of the commission, or to other commission members.78

This was not the first time that pro-employer, or even neutral, commissioners have been sidelined and marginalised.

Soon after being appointed as President, Justice Ross decided to shuffle responsibilities for senior commissioners.

 As the only two Vice Presidents at the time, Watson and Lawler were each in charge of a ‘panel’ related to specific industries. This gave them responsibility for allocating cases to members, and lead to their involvement in high profile cases.  Justice Ross expanded the number of panels from 4 to 6, a decision that reduced the number of industries Lawler and Watson’s panels were responsibility for. The decision also handed responsibility over unfair-dismissal cases to Suzanne Jones—the most junior commission member. 79

And there are other examples.

 Some-time before the two new positions were created, Justice Ross sent out an email to the commission announcing that he would be attending a conference in Canada for two weeks.  The email was that it announced that Alan Boulton, a Deputy President at the commission, would be in charge while Ross was gone.  This sidelined Watson who, as the then second most senior member of the commission, would customarily have been left in charge.80

The sidelining of Watson in favour of Boulton—a former lawyer at the ACTU—appears to be a clear example of pro-union bias within the Fair work Commission.81

4.1(b)(i) – Concerns raised from within Concerns over bias and excessive union influence in the Fair Work Commission were raised by Brendan McCarthy in 2014.

 A Deputy President at the time, McCarthy had served on the Fair Work Commission and its predecessor for the previous 13 years.82  McCarthy wrote to Justice Ross to raise concerns about the selection of commissioners for full bench cases—often the most important industrial relations cases.83

Aaron Patrick wrote about McCarthy’s concerns in an article for the Australian Financial Review.84 As Patrick reports, there were clear anomalies in the allocation of important full bench.

77 Ibid 78 Ibid. 79 Patrick Aaron, “Unfair Play by Workplace Umpire,” as above. 80 Ibid. 81 Ibid. 82 Sir Richard Kirby Archives, “Past Members 1956 to present” accessed 16 May 2015, https://www.fwc.gov.au/sir-richard-kirby- archives/past-members/past-members-1956-present 83 Patrick, Aaron. "Fair Work Commission Bench Line-up Not so Fair, Says Business." as above.

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 From the time Adam Hatcher was appointed as one of the two new Vice Presidents, to when the article was written, both Justice Ross and Hatcher had been involved in multiple full bench decisions—with Ross overseeing 13, and Hatcher helping to decide 12.  Jenny Acton, another former ACTU official on the commission, helped decide 8 important full bench decisions.85

However, over this same period Vice Presidents Lawler and Watson were almost completely excluded.

 Lawler had not helped decide any important full bench decision since Hatcher was appointed, and Watson had only been part of one.86

Other non-union commissioners were similarly excluded.

 Peter Richards—a former Business Council of Australia Assistant Director—hadn’t been part of any significant full bench decisions since Hatcher was appointed;  Nor had McCarthy or Matthew O’Callaghan—a based Senior Deputy President.87

It is Justice Ross who has chief responsibility for assigning cases to commissioners, a role he has reportedly delegated Hatcher.88

 In 2013, Hatcher used this power to appoint both himself and Justice Ross to an important review of the awards system.  There were 5 commissioners on the review, but none of the most senior pro-employer commissioners were appointed.  The only member of the commission from an employer group background who was appointed was Peter Hampton, and he was the most junior member of the full bench.89

This apparent bias is unacceptable for a supposedly independent and neutral industrial relations umpire. 4.2 – Superannuation system The union movement also has an entrenched influence in Australia’s superannuation system.

The primary cause of this influence is the legislative requirement mandating union representation on the boards of industry super funds.

 Industry super funds are one of five different types of super funds.  The boards of industry super funds must comprise ‘equal numbers of employer representatives and member representatives.’ 90

84 Ibid. 85 Ibid. 86 Ibid. 87 Ibid. 88 Ibid. 89 Ibid. 90 ComLaw, Superannuation Industry (Supervision) Act 1993 (Australian Government: 1993), accessed 5 July 2015. https://www.comlaw.gov.au/Details/C2013C00126

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By member representatives, the legislative requirement is referring to union representatives.

 This means that 50 per cent of the board of directors on a super fund are appointed by a union, and 50 per cent are appointed by an employer or business association.

There are also mandatory union representation requirements for public sector super funds.

 The legislation governing the Commonwealth Superannuation Corporation requires that the 3 of the 11 directors be appointed by the ACTU.91

Investment funds managed by these super funds can then be directed towards union favoured endeavours.

 In 2013 money from 3 industry super funds was used to create a new left of centre news website, The New Daily.92  In May this year, the ACTU held the 2015 ACTU Congress, 13 of the 21 organisations sponsoring the conference were industry super funds.

Union influence in the superannuation system is outlined in more detail in a forthcoming paper by the Director of the IPA’s Legal Rights Project, Simon Breheny.93 4.3 – Legal privileges There are a number of legal privileges that unions have been granted, which ads to their disproportionate influence in Australian politics. The following are a few of these special legal privileges.

Right of entry Australian trade unions have special rights to enter the private property of employers for a broad range of reasons.94 These include:

 To hold discussion with employees.  To investigate suspected contraventions of the Fair Work Act.  To investigate state occupational health and safety (OHS) matters.

Competition Law Australian competition law prohibits people from conducting secondary boycotts.95

 A secondary boycott is a boycott that attempts to influence the actions of one business by exerting pressure on a secondary business, such as the suppliers or consumers of a primary target.

91 ComLaw, Governance of Australian Government Superannnuation Schemes Act 2011 (Australian Government: 2011), accessed 5 July 2015. https://www.comlaw.gov.au/Details/C2014C00557 92 Peter Ryan, “The New Daily emerges as an online media player, with backing from industry superannuation funds”, ABC News. 13 November 2013, accessed 5 July 2015. http://www.abc.net.au/news/2013-11-13/new-daily-launches/5087940 93 Simon Breheny, Australia’s Superannuation industry: a health check (Institute of Public Affairs: Forthcoming). 94 Pattie Walsh, “Right of Entry for Unions in Australia: Best Practice Guide,” Mondaq, 23 August 2013. Accessed 7 July 2015. http://www.mondaq.com/australia/x/258496/employee+rights+labour+relations/Right+of+Entry+for+Unions+in+Australia+Best+Practice +Guide 95 ComLaw, Competition and Consumer Act 2010 (Australian Government: 2010), accessed 5 July 2015. https://www.comlaw.gov.au/Details/C2011C00003

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 A classic example is a sympathy strike, where workers go on strike in solidarity with workers at a different company.

However, there is an exemption for conduct where the dominant purpose relates to an employment matter that is ‘substantially related to the remuneration, conditions of employment, hours of work or working conditions of that person or of another person employed by an employer of that person’.96

This is an exemption designed specifically to benefit unions.

Industrial relations law Australian industrial relations law grants a number of special privileges to unions. These include:

 The Fair Work Act’s emphasis on enterprise bargaining means that unions have a central role in the Australian industrial relations system.  Unions are able to take legally protected industrial action against employers.97

Union privileges in the industrial relations system are discussed in more detail in section 5.1.

96 Ibid 97 ComLaw, Fair Work Act 2009 (Australian Government: 2009), Sections 409, 410, 4013, 414. accessed 26 May 2015, http://www.comlaw.gov.au/Details/C2014C00031

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Section 5 – Policy By leveraging their influence in the ALP, the union movement has been able to obtain favourable policy outcomes. This is allowed them to act as a handbrake on reform.

It would be impossible to comprehensively list all the times the union movement has significantly influenced Australian policy. There are simply too many examples to count, and it’s not always public knowledge when a policy has been significantly influenced by the union movement.

Nevertheless, this section will attempt to provide some contemporary examples of the union influence on Australian politics and policy reform. 5.1 – Industrial Relations Industrial relations policy is arguably the single most important concern for trade unions. This is to be expected, given that it’s the primary area affects union power.

It is also an area they have had considerable influence over for more than a century. They have consistently opposed reforms that would reduce their influence.

5.1(a) – Historical influence over industrial relations Compulsory arbitration and centralised wage fixing was the basis of Australia’s industrial relations system for most of the 20th Century. This system enshrined the union movement’s role in Australian workplace relations.

Move to enterprise bargaining This system began to be dismantled during the latter stages of the Hawke/. However, the reform of this system was only possible because of the cooperation of the union movement.

The Prices and Incomes Accord were a set of agreements between the Hawke/Keating government and the union movement.

 They were designed to rein in inflation, deregulate the economy, and reform the labour market.98  The Accord moved Australia’s industrial relations system away from centralised wage fixing and compulsory arbitration to a system of enterprise bargaining.99

This reform culminated with the Keating government passing the Industrial Relations Reform Act of 1993.100

 Under the system of enterprise bargaining, employment agreements were negotiated between employers and groups of employees—usually represented by a union.101  These agreements still had to be approved by industrial relations tribunals.102

98 C. Wright, and R. Lansbury, “Trade Unions and Economic Reform in Australia, 1983-2013”, Singapore Economic Review, Vol. 59, No 4 (2014), 5. 99 Ibid, 6. 100 ComLaw, Industrial Relations Reform Act 1993 (Australian Government: 1993), accessed 26 May 2015, http://www.comlaw.gov.au/Details/C2004A04653 101 C. Wright, and R. Lansbury, “Trade Unions and Economic Reform in Australia, 1983-2013”, as above, 6. 102 Keri Phillips, “The history of industrial relations,” as above.

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 This was underpinned by an awards system that acted as a minimum set of standards, and a safety net for employees not covered by enterprise bargaining.103  These awards were set and regularly updated by the Australian Industrial Relations Commission.

This amounted to a significant decentralisation of the industrial relations system, but it still maintained an influential role for trade unions. This included the ‘key institutional role [of] negotiating updates of awards with employer associations through the industrial tribunals.’104

Reduced influence under the Howard government Union influence over industrial relations reform was reduced during the Howard government.

The two major industrial relations reform packages passed by the Howard government were the Workplace Relations Act of 1996,105 and the more radical ‘WorkChoices’ reform of 2005.106

Howard’s 1996 industrial relations reform was another step towards labour market deregulation.

 The reform strengthened enterprise bargaining, by simplifying the content of awards and reducing the powers of industrial tribunals.  It introduced the option of individual contracts, known as Australian Workplace Agreements.107  These individual contracts allowed employers and employees to agree on employment conditions without the involvement of a union—provided a no-disadvantage test was met.  Finally, the 1996 reform affirmed employees’ right not to join a union, by outlawing ‘union preference clauses’—which discriminated against non-union members.108

The second round of Industrial relations reforms was the Workplace Relations Amendment (Work Choices) Act 2005.109

The centrepiece of Work Choices was its focus on individual contracts.110

 The legislation simplified the awards system and allowed employers and employees greater choice and flexibility when negotiating Australian Workplace Agreements.111  This included the ability to negotiate away benefits, such as penalty rates for weekends and public holidays.112

103 C. Wright, and R. Lansbury, “Trade Unions and Economic Reform in Australia, 1983-2013”, as above, 6. 104 Ibid, 6. 105 Commonwealth Repealed Acts, Workplace Relations Act 1996 (Australasian Legal Information Institute: 1996), accessed 26 May 2015, http://www.austlii.edu.au/au/legis/cth/repealed_act/wra1996220/ 106 ComLaw, Workplace Relations Amendment (Work Choices) Act 2005 (Australian Government: 2005), accessed 26 May 2015 http://www.comlaw.gov.au/Details/C2005A00153 107 C. Wright, and R. Lansbury, “Trade Unions and Economic Reform in Australia, 1983-2013”, as above, 8. 108 Leo Whiteley, “Preference Clauses are Out,” FindLaw Australia, accessed 26 May 2015, http://www.findlaw.com.au/articles/1604/preference-clauses-are-out.aspx 109 ComLaw, Workplace Relations Amendment (Work Choices) Act 2005, as above 110 Keri Phillips, “The history of industrial relations in Australia,” see above. 111 John Lloyd, Work Choices (Institute of Public Affairs: March 2012), 3, accessed 26 May 2015, http://ipa.org.au/library/publication/1332288731_document_190312_occasional_paper_-_work_choice_changes.pdf 112 Ken Phillips, WorkChoices is radical; and that’s a good thing (Institute of Public Affairs: July 2007), 5, accessed 26 May 2014. http://ipa.org.au/library/59_2_PHILLIPS.pdf

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 The legislation also voided bans on AWA usage in collective bargaining agreements; curtailed the trade union’s right of entry powers; and limited the circumstances for which unions could take protected industrial action.113

These reforms were fiercely opposed by the union movement.

 In 1996, A protest organised by the ACTU, known as the ‘Cavalcade to Canberra’, resulted in an angry mob of unionists storming parliament house.114  In the lead up to the 2007 election, The ACTU created a national ‘Your Rights at Work’ campaign to defeat the and install an ALP government that would repeal these reforms.  According to the ACTU, ‘There have been few campaigns as well-resourced and extended as this ‘Your Rights at Work’ campaign, in which the ACTU invested $30 million.’115

5.1(b) – The current industrial relations laws The ACTU’s ‘Your Rights At Work’ campaign was extraordinarily successful, and was a central factor in Kevin Rudd’s 2007 election victory.116

One of the biggest reforms passed by the new ALP government in its first term was the Fair Work Act of 2009.117

The Fair Work Act not only overturned the Howard government’s WorkChoices reforms, it also wound back some of the reforms of the 1996 Workplace Relations Act.

 The act abolished individual contracts—the Australian Workplace Agreements, which had existed since 1996. 118  It strengthened the role of unions by making collective bargaining the main focus of the industrial relations system—with parties required to bargain in ‘good faith’. 119  It enshrined union representation and reduced flexibility of the awards system.  The act also increased unions’ right of entry powers.120

In a video response to its passage, the ACTU welcomed the Fair Work Act as a ‘great victory’.121

As a result of its campaigning, and its connections to the ALP, the ACTU was able to return the union movement to a central, and legally enshrined role in Australia’s industrial relations system.

113 John Lloyd, Work Choices (Institute of Public Affairs: March 2012), as above, 4-6. 114 Luke Deer, “Precisely because it was the seat of government: The Parliament House riot of 1996,” Australian National University (1998), http://www.anu.edu.au/polsci/marx/interventions/riot.htm 115 Australian Council of Trade Unions, “NEW Book - ‘Worth Fighting For - Inside the Your Rights at Work Campaign,” Australian Council of Trade Unions, 17 November 20078, accessed 26 May 2015, http://www.memberconnect.com.au/Tools/print.aspx?ArticleId=6231 116 Ben Spies-Butcher and Shaun Wilson, Election 2007: Did the union campaign succeed? (Australian Review of Public Affairs: February 2008), accessed 26 May 2015. http://www.australianreview.net/digest/2008/02/spies-butcher_wilson.html 117 ComLaw, Fair Work Act 2009 (Australian Government: 2009), accessed 26 May 2015, http://www.comlaw.gov.au/Details/C2014C00031 118 C. Wright and R. Lansbury, “Trade Unions and Economic Reform in Australia, 1983-2013”, as above, 11. 119 Ibid. 120 John Lloyd, Fair Work Act Review 2012 (Institute of Public Affairs: February 2012), as above, 6. https://submissions.employment.gov.au/empforms/Archive/Fair-Work-Act-Review-2012/Documents/InstituteofPublicAffairs.pdf 121 ACTU. “New workplace laws: ACTU video message 24.03.09”: 22 March 2009. Accessed 12 April 2015. https://www.youtube.com/watch?v=GquX3-q86w0

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5.1(c) – Queensland right of entry laws Two months after the new ALP government was elected in Queensland, they announced that they will be winding back the previous government’s industrial relations reforms.

 This will restore the ‘immediate right of entry’ on building sites for union workplace health and safety officers.122  This is a significant win for the Queensland branch of the CFMEU. 5.2 – Building and construction industry The union movement has been a significant roadblock attempts to reform the Australian building and construction industry.

5.2(a) – The Australian Building and Construction Commission The Australian Building and Construction Commission (ABCC) was an organisation set up in 2005, by the Howard government.

 It was designed to act as a watchdog over the building and construction industry, with the power to investigate, and enforce federal industrial relations law in the building and constructions industry.123

The creation of the ABCC was the recommendation of the Cole Report—Royal Commission into the building and construction industry in 2003.

 The report had identified the existence of a culture of lawlessness in the construction industry. This involved the blatant disregard of court and tribunal orders, the inappropriate use of industrial power, and regular use of intimidation tactics.124

The ABCC was the subject of controversy from the beginning.

 This was largely due to the coercive powers it was granted.  These powers included the removal of the right to silence, with witnesses facing up to six months imprisonment if they refused to give evidence or provide documents when requested by the ABCC.125

This elicited bitter resistance from the union movement.

 The CFMEU was particularly animated in its opposition to the commission.  In 2008, CFMEU Secretary Dave Noonan highlighted his opposition to the ABCC’s powers by stating that, ‘These powers enable the ABCC to put construction workers in front of secret interrogation’.126

122 Sarah Elks, "Unions win back free pass on to Queensland building sites." Australian. April 20, 2015. Accessed June 11, 2015. http://www.theaustralian.com.au/national-affairs/industrial-relations/unions-win-back-free-pass-on-to-queensland-building-sites/story- fn59noo3-1227317881991. 123 Commonwealth, Royal Commission into Trade Union Governance and Corruption, Discussion paper (2015), 103. 124 Commonwealth, Royal Commission into the Building and Construction Industry, as above, 155. 125 ComLaw, Building and Construction Industry Improvement Act 2005 (Australian Government: 2005), ss. 36, 37, 43-44, 45, 46. accessed 26 May 2015. https://www.comlaw.gov.au/Details/C2005A00113 126 "Union Slams ABCC's 'oppressive' Use of Powers." ABC News. December 22, 2008. Accessed June 11, 2015. http://www.abc.net.au/news/2008-12-23/union-slams-abccs-oppressive-use-of-powers/247808.

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The union movement’s response was a joint campaign to abolish the ABCC.

 The campaign involved the CFMEU, AMWU, ETU, AWU, and CEPU, as well as the ACTU and state trades hall councils.127  It continued into the period of the Rudd/Gillard government, with times of considerable tension between the unions and both Prime Minister Rudd and then Workplace Relations Minister .128

In the end, the unions got their way.

 The Gillard government abolishing the ABCC in 2012, replacing it with a less powerful industry watchdog—the Fair Work Building Industry Inspectorate.129

This was a decision enthusiastically, although not unreservedly, welcomed by trade unions.

 There were some reservations that the new body still had the power, under some circumstances, to interrogate construction workers.130

5.2(b) – Victorian construction industry watchdog Since its election, the Andrews government has made a number of legal changes that are particularly beneficial for trade unions. This follows the significant union funding described in section 2.6.

 The government has repealed ‘move-on’ powers given to police by the Napthine government.131  These powers had given police the ability to forcibly move people on in a variety of circumstances—such as when CFMEU protesters were illegally blockading Grocon’s construction sites and preventing employees from entering their workplace.

The Andrews government has abolished the Victorian Code of Practice for the Building and Construction Industry (Victorian code), as well as its enforcement body, the Construction Code Compliance Unit.

 The Victorian code contained a range of provisions regulating on-site public building and construction work undertaken in Victoria.  It was vigorously opposed by the CFMEU, because of a number of provisions designed to prevent intimidation and unlawful behaviour.  This included provisions requiring contractors to adopt policies to promote the right to join or not join a union;  It also included a provision requiring contractors to take all reasonable steps to bring unlawful industrial action to an end, including by pursuing legal action.132

127 Brian Boyd,. "Campaign to Have the ABCC Abolished.” Victorian Trades Hall Council. May 7, 2008. Accessed June 11, 2015. http://www.vthc.org.au/news-archives/secretarys-report/2008-soapbox-archives/1952-campaign-to-have-the-abcc-abolished. 128 Australian Broadcasting Corporation, "Construction Workers Demand Abolition of ABCC." ABC News. April 27, 2010. Accessed June 11, 2015. http://www.abc.net.au/news/2010-04-28/construction-workers-demand-abolition-of-abcc/413354. 129 Commonwealth, Royal Commission into Trade Union Governance and Corruption, as above, 104. 130 CFMEU Construction. “ABCC Abolished”. Accessed 5 April 2015. http://www.cfmeu.asn.au/your-union/message-from-dave- noonan/abcc-abolished 131 "Daniel Andrews Gives Green Light to More CFMEU,” Abetz.com.au. February 11, 2015. Accessed June 11, 2015. http://abetz.com.au/news/daniel-andrews-gives-green-light-to-more-cfmeu-thuggery

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5.3 – Electricity privatisation in NSW One of the best examples of trade unions being a handbrake on reform is the unions’ successful campaigns against electricity privatisation in NSW.

Privatisation of the state’s electricity assets was first proposed by Premier Bob Carr in 1998.

 Carr’s plan would have sold the entire electricity business, and was expected to raise $33 billion for the state government—funds that the government intended to use to retire all debt and launch a large scale infrastructure renewal project.133  This proposal was blocked by the union movement, and the NSW ALP state conference.

The ALP tried again 10 years later. This time the reforms were led by Premier and Treasurer Michael Costa.

 Iemma argued that the $25 billion expected from the asset sale was integral to the future health of the state’s finances.134  The proposal angered affiliated unions and was again blocked at state conference, losing overwhelmingly by a vote of 702-107.135  The size of the defeat highlights widespread opposition from party members as well as affiliated unions. But it was the unions that spearheaded the anti-privatisation campaign, led by the then Secretary of Unions NSW, John Robertson.136 And therefore it is the unions who deserve most of the blame for its failure.

Unlike Premier Carr, Iemma was not able to survive his conflict with the union movement. A mere four months after his privatisation proposal was rejected, Iemma resigned as Premier of NSW.137

Both of these cases are a testament to how the power and influence of the union movement prevents necessary reform. Despite only representing 17 per cent of the NSW workforce, the union movement was able to effectively veto the decisions of the people’s elected representatives. 138 5.4 – Manufacturing assistance Another area where union influence in the ALP has affected government policy is the subsidisation of the manufacturing industry, particularly the car industry.

 The Australian car industry has received an estimated $12 billion in direct subsidies, from a variety of schemes over the past 20 years.139

132 "Andrews Caught out with False Claims about Construction Code -." Robert Clark MP. November 25, 2014. Accessed June 11, 2015. http://www.robertclark.com.au/news/industrial-relations/construction/andrews-caught-out-with-false-claims-about-construction-code/. 133 Bob Carr, "Carr's Column - Electricity Privatisation." Thoughtlines with Bob Carr. August 31, 2010. Accessed June 11, 2015. https://bobcarrblog.wordpress.com/2010/08/31/the-financial-review-electricity-privatisation/ 134 Robbins, Alexandra, and Brian Robbins. "NSW Premier Morris Iemma Quits as Premier, Will Leave Politics." Sydney Morning Herald. September 5, 2008. Accessed June 11, 2015. http://www.smh.com.au/news/national/nsw-premier-morris-iemma-quits-as-premier-will- leave-politics/2008/09/05/1220121483704.html?page=2 135 "Iemma Loses Privatisation Vote." Sydney Morning Herald. May 3, 2008. Accessed June 11, 2015. http://www.smh.com.au/news/national/party-faithful-boo-iemma/2008/05/03/1209235201994.html 136 Ibid. 137 Robbins, Alexandra, and Brian Robbins. "NSW Premier Morris Iemma Quits as Premier, Will Leave Politics." Sydney Morning Herald. September 5, 2008, as above. 138 Australian Bureau of Statistics, ‘63100DO012_201308 Employee Earnings, Benefits and Trade Union Membership’, Australia, August 2013. 139 Committee for economic development of Australia (CEDA), ‘Australia Adjusting: Optimising national prosperity’, November 2013, 38

29

The union movement has played a significant role in maintaining these subsidies.

 At the height of the global financial crisis in 2008, the Rudd government announced a $6.2 billion aid package to the car industry—of which $3.4 billion was new funding.140  This intervention in the automotive industry was heavily influenced by the AMWU.  The union was in regular contact with the Rudd government’s Industry Minister, Senator .141

Senator Carr relies heavily on the support of the AMWU to maintain his position on the Victorian ALP senate ticket, and his influence inside the party.142

Former ALP leader has written about how Senator Carr has used the industry portfolio, under multiple party leaders, to increase his influence and support his union allies. According to Latham:

Carr’s strategy was to pay huge amounts of public money to industries such as car manufacturing to prop up the union’s membership coverage and consequently, its influence inside the ALP. He created a political cartel: using his caucus numbers to support leadership candidates who gave him the portfolio he needed to feather-bed his sub-factional base.143

Despite, or perhaps because of the continual subsidisation, Australian car manufacturing is set to end by 2017. Mitsubishi closed its Australian operations in 2008, Ford has announced that they will cease manufacturing in Australia in 2016, and both Holden and Toyota are set to leave in 2017.144 5.5 – Government promotion of union membership According to recent news reports in the Courier-Mail, the Palaszczuk government has granted unions extensive access to state government resources in order to ‘encourage’ union membership in the state’s public service.145

 This includes access to government phones, computers, emails, and office space.

The decision was part of a secret deal between the union movement and the newly elected Queensland state government.

 According to the agreement, government agencies must take a ‘positive, supportive role’ of membership recruitment by unions.146

140 Mex Cooper, "Rudd's $6.2bn Car Plan." Sydney Morning Herald. November 10, 2008. Accessed June 11, 2015. http://www.smh.com.au/business/rudds-62bn-car-plan-20081109-5l7m.html. 141 C. Wright, and R. Lansbury, “Trade Unions and Economic Reform in Australia, 1983-2013”, 11 142 Mark Latham, "How Unions Captured Labor's Industry Policy." Australian Financial Review. November 7, 2013. Accessed June 11, 2015. 143 Ibid. 144 Joshua Dowling, "Why Australia’s Car Manufacturers — Toyota, Holden and Ford — All Conked out." Courier-Mail. February 14, 2014. Accessed June 11, 2015. http://www.couriermail.com.au/news/why-australias-car-manufacturers-toyota-holden-and-ford-all-conked- out/st. 145 Des Houghton, Sarah Vogler, and Matthew Killoran. "Public Service Managers to Help Recruit Union Members under Palaszczuk Government Pact." Courier-Mail, May 18, 2015, accessed June 11, 2015. http://www.couriermail.com.au/news/queensland/public- service-managers-to-help-recruit-union-members-under-palaszczuk-government-pact/story-fntuy59x-1227358184910. 146 Ibid.

30

Conclusion The right to join a union is a fundamental principle in any free and democratic country. However, the disproportionate level of union influence on Australian politics has created a roadblock to reform.

This union influence is the result of deep historical and institutional ties, which exist at all levels of the ALP, and the special legal privileges unions have been granted by government.

The foundation of union influence in the ALP is the constitutional provisions that grant special power to affiliated trade unions. The most significant of these is the requirement that 50 per cent of delegates to state conferences come from affiliated trade unions—which leads to a similar representation at national conferences.

The influence the trade unions exert at state and national conferences extends their influence throughout the organisational and parliamentary wings of the party. As a result, 19 of the 26 National Executive members are current or former union officials.

In parliament half of all ALP MPs and Senators have previously held a paid position in a trade union. This includes 23 of 55 lower house MPs, and a staggering 17 of 25 (68 per cent) of ALP senators. More than half of the ALP front bench, 22 of 43, are former union officials.

But union influence in parliament is not limited to the presence of former union officials.

There are 36 different trade unions affiliated to the ACTU—excluding their state branches. However, 50 of the 80 federal ALP politicians (63 per cent) are backed by one of only 9 specific trade unions. Amongst ALP senators, 21 out of 25 (84 per cent) are backed by one of these 9 specific trade unions.

The unions with the most influence are the AMWU and the SDA, who can count on the loyalty of 13 and 12 members of the caucus, respectively. This is followed by the AWU with 9 members, and the TWU and United Voice, who can each count on the loyalty of 5 members.

This influence in parliament grants the union movement a disproportionate power over Australian public policy, which it has used to benefit itself greatly.

One of the most obvious benefits that the union movement has gained is a potentially controlling influence over the Fair Work Commission—Australia’s supposedly independent and neutral industrial relations umpire. Of the 44 current commissioners, 22 come from a union background. The other half of the commission is made up of 11 commissioners from an employer association background, and 11 from some other background—at least two of whom have close ties to the union movement and the ALP.

This level of union influence may have been appropriate in previous generations, but the union movement now only represents 12 per cent of Australia’s voting age population.147 No major political party should be dominated by such a small, sectional interest group.

If Australia wants to return to a period of reforms and improvements, it must deal with the problem of excessive union influence in Australian politics.

147 Australian Electoral Commission. Size of the Electoral Roll and Estimated Participation Rate 2013, as above; and Australian Bureau of Statistics, 6310.0 – Employee Earnings, Benefits and Trade Union Membership, as above.

31

Unions in Labor, a handbrake on reform – bibliography

AAP. “ALP-union Member Rules 'crazy': Plibersek.” Australian. 30 March 2014. Accessed 26 May 2015. http://www.theaustralian.com.au/news/latest-news/alp-union-member-rules-crazy- plibersek/story-fn3dxiwe-1226868989043.

AAP. “Vic MP Melhelm resigns as whip”. Australian. 9 June 2015. Accessed 9 June 2015. http://www.theaustralian.com.au/business/latest/vic-mp-melhelm-resigns-as-whip/story-e6frg90f- 1227389602604.

Aarons, Mark. “Mate of the Union.” Monthly. March 2013. Accessed 26 May 2015. https://www.themonthly.com.au/nsw-labor-s-crooked-ways-mate-union-mark-aarons-7635.

Abetz, Eric. “Daniel Andrews Gives Green Light to More CFMEU.” Abetz.com.au. 11 February 2015. Accessed 11 June 2015. http://abetz.com.au/news/daniel-andrews-gives-green-light-to-more- cfmeu-thuggery.

ACTU. “Affiliates and TLCs”. Accessed 7 July 2015. http://www.actu.org.au/about-the-actu/affiliates- and-tlcs

ComLaw, Superannuation Industry (Supervision) Act 1993. Australian Government: 1993. Accessed 5 July 2015. https://www.comlaw.gov.au/Details/C2013C00126

ACTU. “New workplace laws: ACTU video message 24.03.09”. 24 March 2009. Accessed 12 April 2015. https://www.youtube.com/watch?v=GquX3-q86w0.

Ainsworth, Michelle. “Unions Bankrolled Daniel Andrews’ Labor State Election Campaign with $1.6 Million in Donations.” Herald Sun. 2 February 2015. Accessed 11 June 2015. http://www.heraldsun.com.au/news/victoria/unions-bankrolled-daniel-andrews-labor-state- election-campaign-with-16-million-in-donations/story-fni0fit3-1227205552804.

Australian Broadcasting Corporation. “CFMEU Fined $1.25m over Grocon Protests in Melbourne.” ABC News. 30 March 2014. Accessed 11 June 2015. http://www.abc.net.au/news/2014-03- 31/cfmeu-fined-1-25-million-over-grocon-protests-union-melbourne/5355976.

Australian Broadcasting Corporation. “Live Results.” ABC News. 17 February 2015. Accessed 11 June 2015. http://www.abc.net.au/news/qld-election-2015/results/.

Australian Broadcasting Corporation. “Queensland Votes.” State of the Parties. 24 March 2012. Accessed 11 June 2015. http://www.abc.net.au/elections/qld/2012/guide/sop.htm.

Australian Broadcasting Corporation. “Union Slams ABCC's 'oppressive' Use of Powers.” ABC News. 22 December 2008. Accessed 11 June 2015. http://www.abc.net.au/news/2008-12-23/union-slams- abccs-oppressive-use-of-powers/247808. Australian Broadcasting Corporation. “Construction Workers Demand Abolition of ABCC.” ABC News. 27April 2010. Accessed 11 June 2015. http://www.abc.net.au/news/2010-04-28/construction- workers-demand-abolition-of-abcc/413354.

Australian Bureau of Statistics. 3101.0 - Australian Demographic Statistics. September 2014. Accessed 26 May 2015. http://www.abs.gov.au/ausstats/[email protected]/mf/3101.0.

Australian Bureau of Statistics. 6310.0 – Employee Earnings, Benefits and Trade Union Membership. June 2014. Accessed 26 May 2015. http://www.abs.gov.au/ausstats/[email protected]/mf/6310.0.

Australian Council of Trade Unions. “NEW Book - ‘Worth Fighting For - Inside the Your Rights at Work Campaign’”. Australian Council of Trade Unions. 17 November 2008. Accessed 26 May 2015. http://www.memberconnect.com.au/Tools/print.aspx?ArticleId=6231.

Australian Electoral Commission. Enrolment Statistics. March 2015. Accessed 26 May 2015. http://www.aec.gov.au/Enrolling_to_vote/Enrolment_stats/.

Australian Electoral Commission. Size of the Electoral Roll and Estimated Participation Rate 2013. January 2014. Accessed 26 May 2015.

Australian Labor Party Victorian Branch. ALP Victorian Branch Rules. April 2013. Accessed 14 April 2015. https://www.viclabor.com.au/wp-content/uploads/2012/08/Final-Rules-April-2013.pdf.

Australian Labor Party. Australian Labor Party National Platform and Constitution 2011: as determined by the 45th National Conference of the ALP. December 2011. Accessed 14 April 2015. http://www.alp.org.au/national_platform.

Australia's Prime Ministers. “In Office: Joseph Cook”. Accessed 26 May 2015. http://primeministers.naa.gov.au/primeministers/cook/in-office.aspx.

Biography.com. “George Washington Biography.” biography.com. Accessed 26 May 2015. http://www.biography.com/people/george-washington-9524786#presidency.

Boyd, Brian. “Campaign to Have the ABCC Abolished.” Victorian Trades Hall Council. 7 May 2008. Accessed 11 June 2015. http://www.vthc.org.au/news-archives/secretarys-report/2008-soapbox- archives/1952-campaign-to-have-the-abcc-abolished.

Breheny, Simon. “Australia’s Superannuation industry: a health check” Institute of Public Affairs. Forthcoming.

Carr, Bob. “Carr's Column - Electricity Privatisation.” Thoughtlines with Bob Carr. 31 August 2010. Accessed 11 June 2015. https://bobcarrblog.wordpress.com/2010/08/31/the-financial-review- electricity-privatisation/.

CFMEU Construction. “ABCC Abolished”. Accessed 5 April 2015. http://www.cfmeu.asn.au/your- union/message-from-dave-noonan/abcc-abolished.

Clark, Robert. “Andrews Caught out with False Claims about Construction Code.” Robert Clark MP. 25 November 2014. Accessed 11 June 2015. http://www.robertclark.com.au/news/industrial- relations/construction/andrews-caught-out-with-false-claims-about-construction-code/. ComLaw. Building and Construction Industry Improvement Act 2005. Australian Government: 2005. Accessed 26 May 2015. https://www.comlaw.gov.au/Details/C2005A00113.

ComLaw. Competition and Consumer Act 2010. Australian Government: 2010. Accessed 5 July 2015. https://www.comlaw.gov.au/Details/C2011C00003.

ComLaw. Fair Work Act 2009. Australian Government: 2009. Accessed 26 May 2015. http://www.comlaw.gov.au/Details/C2014C00031.

ComLaw. Governance of Australian Government Superannuation Schemes Act. Australian Government: 2011. Accessed 5 July 2015. https://www.comlaw.gov.au/Details/C2014C00557.

ComLaw. Industrial Relations Reform Act 1993. Australian Government: 1993. Accessed 26 May 2015. http://www.comlaw.gov.au/Details/C2004A04653.

ComLaw. Workplace Relations Amendment (Work Choices) Act 2005. Australian Government: 2005. Accessed 26 May 2015. http://www.comlaw.gov.au/Details/C2005A00153.

Committee for economic development of Australia (CEDA). “Australia Adjusting: Optimising national prosperity”. November 2013. Accessed 26 May 2015.

Commonwealth Repealed Acts. Workplace Relations Act 1996. Australasian Legal Information Institute: 1996. Accessed 26 May 2015. http://www.austlii.edu.au/au/legis/cth/repealed_act/wra1996220/.

Commonwealth Royal Commission into Trade Union Governance and Corruption, Discussion paper (2015). Accessed 7 July 2015.

Cooper, Mex. “Rudd's $6.2bn Car Plan.” Sydney Morning Herald. 10 November 2008. Accessed 11 June 2015. http://www.smh.com.au/business/rudds-62bn-car-plan-20081109-5l7m.html.

Coultan, Mark. “Factional System Let Eddie Obeid Reign Rampant.” Australian. 1 August 2013. Accessed 27 May 2015. http://www.theaustralian.com.au/national-affairs/opinion/factional-system- let-eddie-obeid-reign-rampant/story-e6frgd0x-1226689098457?login=1.

Deer, Luke. “Precisely because it was the seat of government: The Parliament House riot of 1996.” Australian National University. 1998. Accessed 26 May 2015. http://www.anu.edu.au/polsci/marx/interventions/riot.htm.

Dowling, Joshua. “Why Australia’s Car Manufacturers — Toyota, Holden and Ford — All Conked out.” Courier-Mail. 14 February 2014. Accessed 11 June 2015. http://www.couriermail.com.au/news/why- -car-manufacturers-toyota-holden-and-ford-all-conked-out/story-fnk1378p- 1226827493012.

Elks, Sarah. “Unions win back free pass on to Queensland building sites.” Australian. 23 April 2015. Accessed 11 June 2015. http://www.theaustralian.com.au/national-affairs/industrial- relations/unions-win-back-free-pass-on-to-queensland-building-sites/story-fn59noo3- 1227317881991. Fair Work Commission. “List Commission Members”. Accessed 26 May 2015. https://www.fwc.gov.au/at-the-commission/members-panels/list-commission-members.

Fair Work Commission. “Overview”. Accessed 26 May 2015. https://www.fwc.gov.au/at-the- commission/overview

Houghton, Des, Sarah Vogler, and Matthew Killoran. “Public Service Managers to Help Recruit Union Members under Palaszczuk Government Pact.” Courier-Mail. 18 May 2015. Accessed 11 June 2015. http://www.couriermail.com.au/news/queensland/public-service-managers-to-help-recruit-union- members-under-palaszczuk-government-pact/story-fntuy59x-1227358184910.

Jason, Tin. “Unions hoping to cash in on poll pledges.” Courier-Mail. 4 February 2015. Accessed 28 May 2015. http://www.couriermail.com.au/news/queensland/unions-hoping-to-cash-in-on-poll- pledges/story-fnihsrf2-1227311146748.

Kelly, Joe and Anthony Klan. “Australian Workers Union 'scams' haunt Bill Shorten.” Australian. 5 June 2015. Accessed 5 June 2015. http://www.theaustralian.com.au/national-affairs/industrial- relations/australian-workers-union-scams-haunt-bill-shorten/story-fn59noo3-1227383785438.

Kelly, Joe. “Fault Lines Start to Appear as Fair Work Australia Attempts to Get Its House in Order.” Australian. 15 January 2013. Accessed 27 May 2015. http://www.theaustralian.com.au/news/features/fault-lines-start-to-appear-as-fair-work-australia- attempts-to-get-its-house-in-order/story-e6frg6z6-1226547814421.

Kelly, Paul. “Broken system can’t fix nation’s problems.” Australian. 19 March 2015. Accessed 7 July 2015. http://www.theaustralian.com.au/opinion/columnists/broken-system-cant-fix-nations- problems/story-e6frg74x-1227268443451.

Knotts, Matthew and Paul Barry. “Rudd's Knifing One Year On: Where Are the Key Players Now?” Crikey. 24 June 2011. Accessed 26 May 2015. http://www.crikey.com.au/2011/06/24/coup- anniversary-where-are-they-now/?wpmp_switcher=mobile.

Knotts, Matthew. “The World of Union Heavies.” The Power Index. 7 May 2012. Accessed 26 May 2015. http://www.thepowerindex.com.au/list-overview/the-world-of-union-heavies.

La Canna, Xavier. “Aust economic growth longest of any nation”. Australian. 2 August 2012. Accessed 7 July 2015. http://www.theaustralian.com.au/news/latest-news/aust-economic-growth- longest-of-any-nation/story-fn3dxiwe-1226429071085.

Latham, Mark. “How Unions Captured Labor's Industry Policy.” Australian Financial Review. 7 November 2013. Accessed 11 June 2015.

Lloyd, John. Fair Work Act Review 2012. Institute of Public Affairs: February 2012. Accessed 26 May 2015. https://submissions.employment.gov.au/empforms/Archive/Fair-Work-Act-Review- 2012/Documents/InstituteofPublicAffairs.pdf.

Lloyd, John. Work Choices. Institute of Public Affairs: March 2012. Accessed 26 May 2015. http://ipa.org.au/library/publication/1332288731_document_190312_occasional_paper_- _work_choice_changes.pdf. Mark, Coultan. “AWU side deal 'artificially inflated membership'.” Australian. 28 May 2015. Accessed 28 May 2015. http://www.theaustralian.com.au/national-affairs/industrial-relations/awu-side-deal- artificially-inflated-membership/story-fn59noo3-1227372664195.

Mark, Craig. “ALP National Conference: Party Reform the Empty Seat at the Table.” The Conversation. 4 December 2011. Accessed 26 May 2015. http://theconversation.com/alp-national- conference-party-reform-the-empty-seat-at-the-table-4562.

Massola, James and Richard Willingham. “New Victorian Super-faction Boosts Bill Shorten's Influence on Labor Party Machine.” The Age. 22 April 2015. Accessed 26 May 2015. http://www.theage.com.au/federal-politics/political-news/new-victorian-superfaction-boosts-bill- shortens-influence-on-labor-party-machine-20150422-1mpqte?skin=dumb-phone.

Packham, Ben. “Ken Henry says vested interests make genuine reform harder.” Australian. 5 October 2011. Accessed 7 July 2015. www.theaustralian.com.au/archive/national-affairs/beware-of-taxes-to- fix-behaviour-warns-gary-banks/story-fnab4up0-1226159023383

Patrick, Aaron. “Fair Work Commission Bench Line-up Not so Fair, Says Business.” Australian Financial Review. 13 April 2014. Accessed 27 May 2015. http://www.afr.com/news/policy/industrial- relations/fair-work-commission-bench-lineup-not-so-fair-says-business-20140413-ix5kz.

Patrick, Aaron. “Unfair Play by Workplace Umpire.” Australian Financial Review. 2 April 2013. Accessed 27 May 2015. http://www.afr.com/news/policy/industrial-relations/unfair-play-by- workplace-umpire-20130401-j0yox.

Phillips, Ken. “WorkChoices is radical; and that’s a good thing”. Institute of Public Affairs. July 2007. Accessed 26 May 2014. http://ipa.org.au/library/59_2_PHILLIPS.pdf.

Phillips, Keri. “The History of Industrial Relations in Australia”. Radio National. 21 April 2015. Accessed 26 May 2015. http://www.abc.net.au/radionational/programs/rearvision/bosses-and- workers-in-australia/6407092.

Robbins, Alexandra and Brian Robbins. “NSW Premier Morris Iemma Quits as Premier, Will Leave Politics.” Sydney Morning Herald. 5 September 2008. Accessed 11 June 2015. http://www.smh.com.au/news/national/nsw-premier-morris-iemma-quits-as-premier-will-leave- politics/2008/09/05/1220121483704.html?page=2

Ryan, Peter. “The New Daily emerges as an online media player, with backing from industry superannuation funds.” ABC News. 13 November 2013. Accessed 5 July 2015. http://www.abc.net.au/news/2013-11-13/new-daily-launches/5087940

Schneiders, Ben and Royce Millar. “TWU inflated membership numbers to gain voting clout.” Sydney Morning Herald. 1 December 2013. Accessed 24 April 2015. http://www.smh.com.au/federal- politics/political-news/twu-inflated-membership-numbers-to-gain-voting-clout-20131130- 2yiny.html.

Schneiders, Ben. “Jobs for mates row over Fair Work appointees,” Sydney Morning Herald. 29 March 2013. Accessed 26 May 2015. http://www.smh.com.au/federal-politics/political-news/jobs-for- mates-row-over-fair-work-appointees-20130328-2gxfo.html. Sir Richard Kirby Archives. “Past Members 1956 to present”. Accessed 16 May 2015. https://www.fwc.gov.au/sir-richard-kirby-archives/past-members/past-members-1956-present.

Spies-Butcher, Ben and Shaun Wilson. “Election 2007: Did the union campaign succeed?” Australian Review of Public Affairs. February 2008. Accessed 26 May 2015. http://www.australianreview.net/digest/2008/02/spies-butcher_wilson.html.

Sydney Morning Herald. “Iemma Loses Privatisation Vote.” Sydney Morning Herald. 3 May 2008. Accessed 11 June 2015. http://www.smh.com.au/news/national/party-faithful-boo- iemma/2008/05/03/1209235201994.html

Tanner, Lindsay. “Sideshow: dumbing down democracy”. Carlton North: Scribe. 2011. Accessed 26 May 2015.

Victorian Labor. “Labor and Unions”. Viclabor.com.au. Accessed 26 May 2015. https://www.viclabor.com.au/about/unions/.

Walsh, Pattie. “Right of Entry for Unions in Australia: Best Practice Guide.” Mondaq. 23 August 2013. Accessed 7 July 2015. http://www.mondaq.com/australia/x/258496/employee+rights+labour+relations/Right+of+Entry+fo r+Unions+in+Australia+Best+Practice+Guide

Whiteley, Leo. “Preference Clauses are Out”. FindLaw Australia. Accessed 26 May 2015, http://www.findlaw.com.au/articles/1604/preference-clauses-are-out.aspx.

Wright, Chris F. and Russell D. Lansbury. “Trade Unions and Economic Reform in Australia, 1983- 2013”. The Singapore Economic Review, Vol. 59 No. 4. 2014. Accessed 26 May 2015. Unions, a handbrake on reform – Appendix

Appendix I - Abbreviations

Name Abbreviation Australian Labor Party ALP Australian Labor Advisory Council ALAC Australian Council of Trade Unions ACTU Australian Manufacturing Workers' Union AMWU Australian Workers Union AWU Australian Services Union ASU Communications, Electrical and Plumbing Union CEPU Construction, Forestry, Mining and Energy Union CFMEU Community and Public Sector Union CPSU National Union of Workers NUW Member of Parliament MP Shop, Distributive & Allied Employees' Association SDA Transport Workers Union TWU Liquor, Hospitality and Miscellaneous Union LHMU (United Voice) Queensland Independent Education Union QIEU State Public Services Federation of Queensland SPSFQ Shadow Minister S. Min Shadow Assistant Minister SA. Min Shadow Parl Sec Shadow Cabinet-Secretary S. cab-sec

Appendix II – Union presence on the ALP National Executive

Total 26 Percentage Current Union officials 9 35% Former Union officials 10 38% Not a Union official 7 27%

Name Position Union Union and Gained Factional Source Official position position: Alliance Jenny National No Directly Socialist McAllister President Elected by ALP Left Members Tony National Vice Yes TWU - National Directly Labor “About.” The Transport Workers Union of Australia. Accessed 5/25/2015. Sheldon President Secretary Elected by ALP Right http://www.twu.com.au/about/. Members Jane Garrett National Vice Former TWU - Union Directly Socialist “Hon Jane Garrett.” Parliament of Victoria. Accessed 5/25/2015. President Officer Elected by ALP Left http://www.parliament.vic.gov.au/members/details/1717-hon-jane-garrett. Members

George National Former ACTU - former Elected by unaligned “George Write - National Secretary.” Australian Labor Party. Accessed 5/25/2015. Wright Secretary Director of Policy National http://www.alp.org.au/george_wright. and Conference Communications Bill Shorten Leader, Former AWU - former Leader of Labor “Hon Bill Shorten MP.” . Accessed 12 June 2015.

Federal National Federal Right http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=00ATG Parliamentary Secretary parliamentary Labor Party Party Edward Australian No Leader of Labor McDougall Young Labor Young Labor Right President Anthony No Elected by Socialist Albanese National Left Conference Yes AMWU - NSW Elected by Socialist “Our People.” Australian Manufacturing Workers' Union. Accessed 5/20/2015. Secretary National Left http://www.amwu.org.au/our_people. Conference Julie Bignell Yes ASU - Central & Elected by Socialist “National Executive.” Australian Services Union Nation Office. Accessed Southern Qld National Left 5/20/2015. http://www.asu.asn.au/about/natexec. branch Secretary Conference Senator No Elected by Socialist National Left Conference Senator Kim No Elected by Socialist Carr National Left Conference Russ Yes AWU - Greater Elected by Labor “Our Branch Secretary.” Australian Workers Union, Greater NSW Branch. Collison NSW branch National Right Accessed 5/14/2015. http://nsw.awu.net.au/russ-collison. Secretary Conference Senator Former TWU - former Elected by Labor “Senator the Hon Stephen Conroy.” Parliament of Australia. Accessed 12 June Stephen superannuation National Right 2015.

Conroy officer Conference http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=3L6

Jamie NSW Labor Former AWU - former Elected by Labor Maley, Jacqueline. “A Job to sink his teeth into.” Sydney Morning Herald. Clements secretary legal officer National Right 3/21/2014. Conference Joe de Yes ACTU - former Elected by Labor Seccombe, Mike. “Shoppies boss Joe de Bruyn bows out.” The Saturday Paper. Bruyn Vice-President; National Right 3/8/2014.; and Ireland and Matthew Knott, Judith. “Binding vote for Labor MPs SDA - former Conference on same-sex marriage 'foolish', says union heavyweight Joe de Bruyn.” Sydney National Morning Herald. 4/27/2015. Secretary

Charles Former NUW - former Elected by Labor Annual Concise Financial Report. National Union of Workers - National Office, and Donnelly General National Right Controlled Entities: 16 October 2014. Accessed 5 May 2015. Secretary Conference http://www.nuw.org.au/files/NUWN2014finalConcisefinancialreport.pdf

Don Farrell Former SDA - former SA Elected by Labor “Find a Senate Member.” ABC Q&A. Accessed 5/10/2015. and NT branch National Right http://www.abc.net.au/tv/qanda/senators/farrell.htm. Secretary Conference David Gray Former United Voice Elected by Socialist “Lowest Standards in Australia Not Good Enough for SA Children.” United Voice. former acting SA National Left 1/17/2013. Accessed 5/8/2015. http://www.unitedvoice.org.au/press- branch secretary) Conference releases/lowest-standards-australia-not-good-enough-sa-children.

Jennifer No Elected by Labor Howard National Right Conference Senator Sue Former United Voice - Elected by Socialist “Senator .” Parliament of Australia. Accessed 12 June 2015.

Lines former Assistant National Left http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=112096 National Conference secretary Tara Yes United Voice - Elected by Labor “About Our Team.” Liquor & Hospitality Division, United Voice. Accessed Moriarty Secretary Liquor National Right 5/18/2015. http://www.lhdunitedvoice.org/index.php/about/our-team. & Hospitality Conference Division, NSW branch Michael Yes CFMEU - National Elected by Socialist “Who's Who?” Construction, Forestry, Mining and Energy Union. Accessed Ravbar Vice President National Left 5/18/2015. http://www.cfmeu.net.au/your-union/whos-who. Conference

Michelle No Elected by Labor Roberts National Right Conference Ben Swan Yes AWU - QLD Elected by Labor “Ben Swan.” Australian Workers Union, Queensland Branch. Accessed 5/7/2015. branch Secretary National Right http://qld.awu.net.au/ben-swan. Conference Natalie Former NUW and TWU - Elected by Labor “Victorian Election 2014 - Sydenham Results.” ABC News. . Accessed 5/7/2015. Sykes- former Organiser National Right http://www.abc.net.au/news/vic-election-2014/guide/syde/. Hutchins Conference

Linda White Yes ASU - Assistant Elected by Socialist “Officials & Staff of the ASU National Office.” Australian Services Union Nation National National Left Office. . Accessed 5/7/2015. http://www.asu.asn.au/about/officials. Secretary Conference

Appendix III – Union background of Australian Prime Ministers and US Presidents

Australian Prime Ministers with a Union Background

Union TOTAL background Percentage 28 11 39% ALP 12 10 83%

Prime Party Former Position/role Source Minister trade union official Edmund Protectionist No Barton Alfred Protectionist No Deakin

Chris Watson Labor Yes Vice President of NSW Trades “Chris Watson.” Australia's Prime Minister. Accessed 12 June 2015. and Labour Council http://primeministers.naa.gov.au/primeministers/watson/before-office.aspx George Reid Free Trade No Andrew Labor Yes Secretary of 'local miners’ “Andrew Fisher.” Australia's Prime Minister. Accessed 12 June 2015. Fisher union'; well known for http://primeministers.naa.gov.au/primeministers/fisher/before-office.aspx organising strike action Joseph Cook Commonwealth Yes General secretary of 'local trade “Joseph Cook.” Australia's Prime Minister. Accessed 12 June 2015. Liberal union' http://primeministers.naa.gov.au/primeministers/cook/before-office.aspx

Billy Hughes Labor/National Yes Organizer for Amalgamated “William Morris Hughes.” Australia's Prime Minister. Accessed 12 June 2015. Labor/Nationalist Shearers Union; President of http://primeministers.naa.gov.au/primeministers/hughes/before-office.aspx Waterside Workers Federation Trolley; President of Draymen and Carters Union Stanley Nationalist No Bruce James Scullin Labor Yes Organizer for the Australian “James Scullin.” Australia's Prime Minister. Accessed 12 June 2015. Workers Union http://primeministers.naa.gov.au/primeministers/scullin/before-office.aspx Joseph Lyons United Australia No Earle Page Country No Robert United Australia No Menzies Arthur Country No Fadden John Curtin Labor Yes Secretary of Victorian Timber “John Curtin.” Australia's Prime Minister. Accessed 12 June 2015. Workers Union; worked for http://primeministers.naa.gov.au/primeministers/curtin/before-office.aspx Australian Workers Union Frank Forde Labor Yes Member of Queensland Lloyd, Neil and Malcolm Saunders "Forde, Francis Michael (Frank) (1890-1983).” Electrical Trades Union; 'leading Australian Dictionary of Biography. Accessed 12 June 2015. figure' in the Australian Workers http://primeministers.naa.gov.au/primeministers/forde/before-office.aspx ; ”Francis Union Forde.” Australia's Prime Minister. Accessed 12 June 2015. http://adb.anu.edu.au/biography/forde-francis-michael-frank-12504

Ben Chifley Labor Yes Advocate for Locomotive “Ben Chifley.” Australia's Prime Minister. Accessed 12 June 2015. Enginemen's Association; http://primeministers.naa.gov.au/primeministers/chifley/before-office.aspx; and "Prime Involved in founding of Ministers of Australia: Ben Chifley." National Museum Australia. Accessed 12 June 2015. Australian Federated Union of http://www.nma.gov.au/primeministers/ben_chifley ; and ”AFULE History.” Australian Locomotive Enginemen; 'leading Federated Union of Locomotive Employees. Accessed 12 June 2015. member of the union' http://www.afule.org.au/index.php?option=com_content&view=article&id=2&Itemid=18

Harold Holt Liberal No John Country No McEwen John Gorton Liberal No William Liberal No McMahon Gough Labor No Whitlam Malcolm Liberal No Fraser Bob Hawke Labor Yes President of Australian Council “Robert Hawke.” Australia's Prime Minister. Accessed 12 June 2015. of Trade Unions http://primeministers.naa.gov.au/primeministers/hawke/before-office.aspx Labor Yes Researcher and union advocate “Paul Keating.” Australia's Prime Minister. Accessed 12 June 2015. with the Federated Municipal http://primeministers.naa.gov.au/primeministers/keating/before-office.aspx and Shire Council Employees Union.

John Howard Liberal No Kevin Rudd Labor No Julia Gillard Labor Yes President of Australian Union of “Julia Gillard.” Australia's Prime Minister. Accessed 12 June 2015. Students; represented unions as http://primeministers.naa.gov.au/primeministers/gillard/before-office.aspx a lawyer Tony Abbott Liberal No

US Presidents with a union background

Total Presidents Union percentage background 43 1 2%

Ronald Reagan Republican Yes President of the Screen Actors Guild Screen Actors Guild and the American Federation of Television and Radio Artists. "Ronald Reagan". Accessed 12 June. http://www.sagaftra.org/ronald-reagan

Appendix IV – Former union officials in the current Australian parliament

Total Union Percentage Caucus 80 40 50% Front Bench 43 22 51%

MP 55 23 42% Senator 25 17 68%

Labor Party MPs in the House of Representatives

Name State Shadow Paid Union Role Source Front Position bench Hon Anthony NSW S. Min No Albanese Hon NSW S. Min No Hon NSW S. Min Yes FSU Industrial officer “Hon Chris Bowen MP.” Parliament of Australia. Accessed 12 June 2015. http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=DZS Gai Brodtmann ACT Parl Sec No Anna Burke Vic Yes FSU National Industrial “Ms Anna Burke MP.” Parliament of Australia. Accessed 12 June 2015.

Officer http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=83S Hon NSW S. Min Yes SDA Union Organiser “Hon Tony Burke MP.” Parliament of Australia. Accessed 12 June 2015.

http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=DYW Hon SA S. Min Yes LHMU “Laboring to defeat.” The Power Index. Accessed 12 June 2015.

(United http://www.thepowerindex.com.au/political-fixers/laboring-to-defeat Voice) Terri Butler Qld Yes ASU “Terri Butler.” LinkedIn. Accessed 12 June 2015.

https://www.linkedin.com/in/terrimeganbutler Hon Anthony Byrne Vic No Dr Jim Chalmers Qld Parl Sec No SA Parl Sec Yes SDA Occupational “Mr Nick Champion MP.” Parliament of Australia. Accessed 12 June 2015.

health and safety http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=HW9 officer, training officer and organiser Vic Yes United Voice Lead Organiser “Ms Lisa Chesters MP.” Parliament of Australia. Accessed 12 June 2015. http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=2497

10 Hon NSW S. Min No NSW No Hon Julie Collins Tas S. Min No NSW Yes CFMEU; Industrial/Policy “Mr Pat Conroy MP.” Parliament of Australia. Accessed 12 June 2015. AMWU Organiser; National http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=2491

Economist 27 Hon Michael Danby Vic Parl Sec Yes SDA Industrial Officer “Hon Michel Danby MP.” Parliament of Australia. Accessed 12 June 2015.

http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=WF6 Hon Vic S. Min No Hon NSW No Hon Kate Ellis SA S. Min No Member of SDA Hon Vic S.A. min Yes TWU Federal Industrial “Hon David Feeney MP.” Parliament of Australia. Accessed 12 June 2015. Officer http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=I0O Laurie Ferguson NSW Yes FMWU Research Officer “Mr Laurie Ferguson MP.” Parliament of Australia. Accessed 12 June 2015. (United http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=8T4 Voice) Hon NSW S. Min No Vic No Hon WA S. Min No Hon Alan Griffin Vic Yes "several Union Organiser “Alan Griffin.” Australian Labor Party. Accessed 12 June 2015.

unions" http://www.alp.org.au/alan_griffin Jill Hall NSW No NSW Yes AWU Assistant National “Mr Chris Hayes MP.” Parliament of Australia. Accessed 12 June 2015.

Secretary http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=ECV Hon NSW Parl Sec Yes CPSU National President “Hon Ed Husic MP.” Parliament of Australia. Accessed 12 June 2015. http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=9121

9 Stephen Jones NSW Parl Sec Yes ACTU; CPSU Lawyer; National “Mr Stephen Jones MP.” Parliament of Australia. Accessed 12 June 2015.

Secretary http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=A9B Hon Catherine King Vic S. Min No Hon Dr Andrew ACT SA min No Leigh Hon Jenny Macklin Vic S. Min No Hon Alannah WA Parl Sec No MacTiernan Hon Vic S. Min Yes TWU; ACTU Federal Legal “Hon Richard Marles MP.” Parliament of Australia. Accessed 12 June 2015.

Officer; Assistant http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=HWQ Secretary Rob Mitchell Vic No Hon Shayne Qld S. Min No Neumann Hon Brendan Vic S. Min Yes ASU Assistant National “Hon Brendan O'Connor MP.” Parliament of Australia. Accessed 12 June 2015. O'Connor Secretary http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=00AN

3 Clare O'Neil Vic No NSW Parl Sec No Hon Melissa Parke WA SA min No Graham Perrett Qld Parl Sec Yes QIEU Organiser “Mr Graham Perrett MP.” Parliament of Australia. Accessed 12 June 2015. http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=HVP Hon Tanya NSW S. Min No Plibersek Hon Bernie Ripoll Qld S. Min Yes SPSFQ Union Organiser “Hon Bernie Ripoll MP.” Parliament of Australia. Accessed 12 June 2015.

http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=83E Hon Amanda SA Parl Sec Yes SDA Barry, Paul. “Political Fixers, no.6: .” The Power Index. Accessed 12

Rishworth June 2015. http://www.thepowerindex.com.au/political-fixers/don-farrell NSW S. Min No Joanne Ryan Vic No Hon Bill Shorten Vic Opposition- Yes AWU National Secretary “Hon Bill Shorten MP.” Parliament of Australia. Accessed 12 June 2015. leader http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=00AT

G Hon Warren NT Parl Sec Yes NT Trades Assistant Secretary “Hon MP.” Parliament of Australia. Accessed 12 June 2015. Snowdon and Labor http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=IJ4 Council Hon Wayne Swan Qld No Hon Matt NSW Parl Sec Yes AWU; Unions Industrial Officer; “Hon Matt Thistlethwhite MP.” Parliament of Australia. Accessed 12 June 2015. Thistlethwaite NSW Deputy Secretary http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=1824 68 Hon Kelvin Vic No Thomson Vic No Vic No SA Parl Sec No Labor Party Senators

Name State Front Paid Union Role Source Bench Position TAS Yes ASU Industrial Officer “Catryna Bilyk.” Parliament of Australia. Accessed 12 June 2015.

and trainer http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=HZB

Carol Brown TAS Parl Sec No Joe Bullock WA Yes SDA National Vice- “Senator Joe Bullock.” Parliament of Australia. Accessed 12 June 2015.

President http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=243237

Hon Doug NSW S. Min Yes AMWU; ACTU National Secretary; “Senator the Hon Doug Cameron.” Parliament of Australia. Accessed 12 June Cameron Vice-President 2015.

http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=AI6

Hon Kim Carr VIC S. Min No paid Technical Branch President position Teachers (unpaid) Union Hon Jacinta VIC S. cab- Yes SDA National Industrial “Senator the Hon Jacinta Collins.” Parliament of Australia. Accessed 12 June Collins sec Officer 2015.

http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=GB6

Hon Stephen VIC S. Min Yes TWU Superannuation “Senator the Hon Stephen Conroy.” Parliament of Australia. Accessed 12 June Conroy Officer 2015.

http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=3L6

Sam Dastyari NSW No Alex Gallacher SA Yes TWU President “Senator Alex Gallacher.” Parliament of Australia. Accessed 12 June 2015.

http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=204953

Katy Gallagher ACT Yes CPSU Organiser “Senator .” Parliament of Australia. Accessed 12 June 2015. http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=ING

Chris Ketter QLD Yes SDA Secretary-Treasurer “Senator Chris Ketter.” Parliament of Australia. Accessed 12 June 2015.

(QLD) http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=244247

Sue Lines WA Yes United Voice Assistant National “Senator Sue Lines.” Parliament of Australia. Accessed 12 June 2015.

Secretary http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=112096

Hon Joe Ludwig QLD Yes AWU Senior Industrial “Senator the Hon Joseph Ludwig.” Parliament of Australia. Accessed 12 June Advocate 2015. http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=84N

Gavin Marshall VIC Yes ETU Official “Senator Gavin Marshall.” Parliament of Australia. Accessed 12 June 2015.

http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=00AOP

Jenny McAllister NSW No

Anne McEwen SA Yes ASU Secretary (SA and “Senator Anne McEwen.” Parliament of Australia. Accessed 12 June 2015.

NT) http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=e5e Hon Jan McLucas QLD S. Min No

Claire Moore QLD S. Min Yes CPSU State Secretary “Senator Claire Moore.” Parliament of Australia. Accessed 12 June 2015.

(QLD) http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=00AOQ Deborah O'Neill NSW No

Nova Peris OAM NT No TAS Parl Sec No Hon Lisa Singh TAS Parl Sec Yes AEU Organiser “Senator the Hon Lisa Singh.” Parliament of Australia. Accessed 12 June 2015.

http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=M0R WA Yes TWU Organiser, Branch “Senator Glenn Sterle.” Parliament of Australia. Accessed 12 June 2015.

Committee of http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=e68 Management, Federal Councillor

Anne Urquhart TAS Yes AMWU President (TAS); “Senator .” Parliament of Australia. Accessed 12 June 2015.

Secretary (TAS) http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=231199

Hon Penny SA S. Min Yes CFMEU; Industrial Officer; “Making their Mark.” The University of . Accessed 12 June 2015. Wong LHMWU Legal Officer http://www.adelaide.edu.au/lumen/issues/5381/news5591.html ; "Penny (United Wong." Australian Labor Party. Accessed 12 June 2015. Voice) http://www.alp.org.au/penny_wong

Appendix V – The factional allegiance of ALP MPs and Senators

TOTAL 80 proportion Senate 25 House of 55 of caucus Representatives Members backed by Union link 21 Union link 29 a specific union 50 62.5% No identifiable link 30 37.5% No link 4 No link 26 Right-aligned unions Right unions Right unions SDA 12 15.0% SDA 6 SDA 6 AWU 9 11.3% AWU 1 AWU 8 TWU 5 6.3% TWU 3 TWU 2 NUW 1 1.3% NUW 0 NUW 1 CEPU 1 1.3% CEPU 0 CEPU 1 Left-aligned unions Left unions Left unions AMWU 13 16.3% AMWU 6 AMWU 7 United Voice 5 6.3% United Voice 3 United Voice 2 CPSU 3 3.8% CPSU 2 CPSU 1 ASU 1 1.3% ASU 0 ASU 1

Labor Party MPs backed by a union

Name State Front Bench Official Union backed Source Faction faction Hon NSW S. Min Socialist left AMWU Humphries, David. “Fight for seat may split ALP left wing.” Sydney Morning Herald. 3/13/1996. Hon Sharon Bird NSW S. Min Right Hon Chris Bowen NSW S. Min Right Gai Brodtmann ACT Parl Sec Anna Burke Vic Right SDA Cook, Andrew. “Rudd rumblings: no left turn yet, with Vic MPs still wavering.” Crikey. 2/21/2012. Accessed 6/15/2015. http://www.crikey.com.au/2012/02/21/rudd-rumblings-no-left-turn-yet-with-vic- mps-still-wavering/?wpmp_switcher=mobile Hon Tony Burke NSW S. Min Right SDA Millar, Royce and Ben Schneider. “Why is the union that represents supermarket workers stopping gay marriage?.” Sydney Morning Herald. 5/2/2015. Accessed 6/15/2015. http://www.smh.com.au/national/why-is-the-union-that-represents- supermarket-workers-stopping-gay-marriage-20150501-1mwl32.html Hon Mark Butler SA S. Min Socialist left United Voice Kemp, Miles. “A faction too much friction: life inside Labor’s rival ruling tribes.” Advertiser. 2/1/2014. Terri Butler Qld Socialist left Hon Anthony Byrne Vic Right SDA until recent Massola, James and Richard Willingham. “New Victorian super-faction boosts Bill Victorian split Shorten's influence on Labor party machine.” Sydney Morning Herald. 4/22/2015.; and Cook, Andrew. “Rudd rumblings: no left turn yet, with Vic MPs still wavering.” Crikey. 2/21/2012. Dr Jim Chalmers Qld Parl Sec Right AWU McKenna, Michael. “Preselection challenge lost - ELECTION 2013.” Australian. 7/23/2013. Nick Champion SA Parl Sec Right SDA Barry, Paul. “Don Farrell.” Power Index. 7/13/2011. Accessed 6/15/2015. http://www.thepowerindex.com.au/political-fixers/don-farrell Lisa Chesters Vic Socialist left United Voice Keen, Lucille. “Giles in box seat for Scullin preselection.” Australian Financial Review. 7/31/2012. Hon Jason Clare NSW S. Min Right Sharon Claydon NSW Left Hon Julie Collins Tas S. Min Socialist left AMWU Coorey, Phillip. “Gillard's roadkill.” Sydney Morning Herald. 6/26/2010. Accessed 6/15/2015. Pat Conroy NSW Socialist left AMWU Clennell, Andrew. “New names, same apparatchiks.” Daily Telegraph. 7/30/2013. Hon Michael Danby Vic Parl Sec Right Hon Mark Dreyfus Vic S. Min Right Hon Justine Elliot NSW Right Hon Kate Ellis SA S. Min Right SDA Barry, Paul. “Joe de Bruyn.” Power Index. 5/29/2012. Accessed 6/15/2015. http://www.thepowerindex.com.au/union-heavies/joe-de-bruyn Hon David Feeney Vic SA min Right SDA Massola, James and Richard Willingham. “New Victorian super-faction boosts Bill Shorten's influence on Labor party machine.” Sydney Morning Herald. 4/22/2015. Mr Laurie Ferguson NSW Socialist left Hon Joel Fitzgibbon NSW S. Min Right Andrew Giles Vic Socialist left Hon Gary Gray AO WA S. Min Hon Alan Griffin Vic Socialist left AMWU Coorey, Phillip. “Gillard's roadkill.” Sydney Morning Herald. 6/26/2010. Jill Hall NSW Socialist left Chris Hayes NSW Right AWU Ramsey, Alan. “Labor renders Werriwa indefensible.” Sydney Morning Herald. 3/12/2005.; and “Mr Chris Hayes MP.” Parliament of Australia. Accessed 12 June 2015. http://www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=ECV Hon Ed Husic NSW Parl Sec CEPU Hannan, Ewin. “Union withdraws Labor support.” Australia. 5/1/2010. Stephen Jones NSW Parl Sec Socialist left CPSU Dusevic, Tom. “New kids on the bloc will bring challenge of diversity to caucus -- Election 2010.” Australia. 10/4/2010. Hon Catherine King Vic S. Min Socialist left Hon Dr Andrew Leigh ACT SA min Hon Jenny Macklin Vic S. Min Socialist left AMWU Coorey, Phillip. “Gillard's roadkill.” Sydney Morning Herald. 6/26/2010. Hon Alannah WA Parl Sec MacTiernan Hon Richard Marles Vic S. Min Right TWU Skulley, Mark. “Labor orders TW slush fund inquiry.” Australian Financial Review. 10/8/2007. Rob Mitchell Vic Right AWU Coorey, Phillip. “Shorten a kingmaker no longer.” Australian Financial Review. 7/28/2013. Hon Shayne Neumann Qld S. Min Right AWU Ibid Hon Brendan O'Connor Vic S. Min Socialist left ASU Lewis, Steve. “MPs silent on pay rise.” Advertiser. 12/2/2011. Clare O'Neil Vic Right NUW Skulley, Mark. “Fresh face in Hotham as tensions linger.” Australian Financial Review. 8/12/2013. Julie Owens NSW Parl Sec Socialist left Hon Melissa Parke WA SA min Socialist left Graham Perrett Qld Parl Sec Socialist left Hon NSW S. Min Socialist left AMWU Latham, Mark. The Latham Diaries. Melbourne: Melbourne University Press. 2005. Hon Bernie Ripoll Qld S. Min Right AWU O'Brien, Amanda and Andrew Fraser, et al. “State of the Nation - the view from the Australian's political writers.” Australia. 12/9/2006. Hon Amanda Rishworth SA Parl Sec Right SDA Barry, Paul. “Don Farrell.” Power Index. 7/13/2011. Accessed 6/15/2015. http://www.thepowerindex.com.au/political-fixers/don-farrell Michelle Rowland NSW S. Min Right Joanne Ryan Vic Hon Bill Shorten Vic Opp-leader Right AWU Barry, Paul. “Laboring to defeat.” Power Index. 8/25/2011. Accessed 6/15/2015. http://www.thepowerindex.com.au/political-fixers/laboring-to-defeat Hon Warren Snowdon NT Parl Sec Socialist left Hon Wayne Swan Qld Right AWU Rear Window. “K.Rudd in town to set the sauce bottle straight.” Australian Financial Review. 19/01/2015. Hon Matt Thistlethwaite NSW Parl Sec Right AWU Clennell, Andrew. “MPs break union ranks in call for ALP reforms.” Daily Telegraph. 7/23/2013. Hon Kelvin Thomson Vic Right TWU (supported) Flanagan, Martin. “Bitter Cleary slams the Labor Party's tactics.” The Age. 3/4/1996. Accessed 6/15/2015. Maria Vamvakinou Vic Socialist left AMWU Latham, Mark. The Latham Diaries. Melbourne: Melbourne University Press. 2005.; and Latham, Mark. “How unions captured Labor's industry policy.” Australian Financial Review. 11/7/2013. Tim Watts Vic Right Possibly TWU (Former Conroy Advisor) Tony Zappia SA Parl Sec Socialist left

Labor Party Senators backed by a union

Name State Front Bench Official Union backed faction Source faction

Catryna Bilyk TAS Right SDA Millar, Royce and Ben Schneider. “Why is the union that represents supermarket workers stopping gay marriage?.” Sydney Morning Herald. 5/2/2015.

Carol Brown TAS Parl Sec Socialist left AMWU Coorey, Phillip. “Gillard's roadkill.” Sydney Morning Herald. 6/26/2010.

Joe Bullock WA Right SDA Millar, Royce and Ben Schneiders. “Why is the union that represents supermarket workers stopping gay marriage?.” Sydney Morning Herald. 5/2/2015.

Hon Doug Cameron NSW S. Min Socialist left AMWU Coorey, Phillip. “Wounded senator falls to protégé.” Sydney Morning Herald. 4/26/2007.

Hon Kim Carr VIC S. Min Socialist left AMWU Latham, Mark. “How unions captured Labor's industry policy.” Australian Financial Review. 11/7/2013.

Hon Jacinta Collins VIC S. cab-sec Right SDA Millar, Royce and Ben Schneiders. “Why is the union that represents supermarket workers stopping gay marriage?.” Sydney Morning Herald. 5/2/2015.

Hon Stephen Conroy VIC S. Min Right TWU Barry, Paul. “Laboring to defeat.” Power Index. 8/25/2011. Accessed 6/15/2015. http://www.thepowerindex.com.au/political-fixers/laboring-to-defeat

Sam Dastyari NSW Right Supported by NSW right Barry, Paul. “50 Sam Dastyari.” Power Index. 7/2/2012. Accessed 6/15/2015. (TWU, AWU, ETU) http://www.thepowerindex.com.au/thepower50/sam-dastyari

Alex Gallacher SA Right TWU Owen, Michael. “Unions split on anti-Rann calls.” Australian. 10/13/2010.

Kate Gallagher ACT Socialist left CPSU Riordan, Primrose and Emma Kelly. “Katy Gallagher resigns as Chief Minister, declares for Senate.” Canberra Times. 12/5/2014.

Chris Ketter QLD Right SDA Millar, Royce and Ben Schneider. “Why is the union that represents supermarket workers stopping gay marriage?.” Sydney Morning Herald. 5/2/2015.

Sue Lines WA Socialist left United Voice “Labor's fractional sub-factions active in the west”. Canberra Times. 5/12/2015.

Hon Joe Ludwig QLD Right AWU Ludlow, Mark. “Qld ALP backs PM.” Australian Financial Review. 6/20/2012.

Gavin Marshall VIC Socialist left AMWU Latham, Mark. The Latham Diaries. Melbourne: Melbourne University Press. 2005.; and Latham, Mark. “How unions captured Labor's industry policy.” Australian Financial Review. 11/7/2013.

Jenny McAllister NSW Socialist left

Anne McEwen SA Socialist left United Voice Coorey, Phillip. “Gillard's roadkill.” Sydney Morning Herald. 6/26/2010.

Hon Jan McLucas QLD S. Min Socialist left AMWU Ibid

Claire Moore QLD S. Min Socialist left CPSU Lelliott, Joff. “Labor's experiment should be extended to the Senate.” Courier- Mail. 10/7/2013

Deborah O'Neill NSW Right SDA Millar, Royce and Ben Schneider. “Why is the union that represents supermarket workers stopping gay marriage?.” Sydney Morning Herald. 5/2/2015.

Nova Peris OAM NT

Helen Polley TAS Parl Sec Right SDA Millar, Royce and Ben Schneider. “Why is the union that represents supermarket workers stopping gay marriage?.” Sydney Morning Herald. 5/2/2015.

Hon Lisa Singh TAS Parl Sec Socialist left

Glenn Sterle WA Right TWU Probyn, Andrew. “Gray blasted on foreign workers.” West Australian. 6/1/2012.

Anne Urquhart TAS Socialist left AMWU Smith, Matt. “Left's power shift sinks Singh hopes.” Hobart Mercury. 5/20/2015.

Hon SA S. Min Socialist left United Voice Kemp, Miles. “A faction too much friction: life inside Labor’s rival ruling tribes.” Advertiser. 2/1/2014.

Appendix VI – Unionists at the Fair Work Commission

Fair Work Commission Members (excluding 'additional members')

Total 44 Percentage Appointed by Rudd or Gillard Unionist 22 50% 15 Employer Group 11 25% 4 Neutral 11 25% 5

Title Name Location Union or Background First Source Employer appointed Group by President Justice IJK Ross Melbourne Union Victorian Supreme Gillard "Speech: Swearing-in of New FWA President, Justice Iain Ross, Friday AO Court Judge; Assistant 23 March 2012." Bill Shorten MP. March 23, 2012. Accessed June 16, Secretary - ACTU 2015. http://billshorten.com.au/speech-swearing-in-of-new-fwa- president-justice-iain-ross-friday-23-march-2012.

Vice President A Hatcher Sydney Neither "Leading union Gillard barrister", Nickless, Rachel. "Fair Work Commission Appointments Continue represented TWU; Unhealthy Tradition." Australian Financial Review. April 9, 2013. Former ALP candidate Accessed June 16, 2015. http://www.afr.com/news/policy/industrial- relations/fair-work-commission-appointments-continue-unhealthy- tradition-20130410- jhxv9?login_token=nRY0vPhM2In5z3qf29jW5tS0DShtMdgB9OCmh2gX QXK3E2OXqSCBPEBQsEaX_vZ- F_phzv0Tuy3P3SU5BLhzBQ&member_token=_Tf9FwuO7kIOo. Vice President J Catanzariti Sydney Neither Partner - Clayton Utz Gillard Ibid Law Firm Vice President MJ Lawler Sydney Neither Public Prosecutor; Howard Partner Kathy Jackson, Patrick, Aaron. "Fair Work Commission Bench Line-up Not so Fair, Says former National Business." Australian Financial Review. April 13, 2014. Accessed June Secretary of the 16, 2015. http://www.afr.com/news/policy/industrial-relations/fair- Health Services Union work-commission-bench-lineup-not-so-fair-says-business-20140413- ix5im. Vice President GR Watson Melbourne Neither Partner - Freehills law Howard firm Nickless, Rachel. "Fair Work Commission Appointments Continue Unhealthy Tradition." Australian Financial Review. April 9, 2013. Accessed June 16, 2015. http://www.afr.com/news/policy/industrial- relations/fair-work-commission-appointments-continue-unhealthy- tradition-20130410- jhxv9?login_token=nRY0vPhM2In5z3qf29jW5tS0DShtMdgB9OCmh2gX QXK3E2OXqSCBPEBQsEaX_vZ- F_phzv0Tuy3P3SU5BLhzBQ&member_token=_Tf9FwuO7kIOo. Senior Deputy Justice AJ Sydney Union First Legal Officer - Hawke President Boulton AO ACTU "Justice Alan Boulton AO." Monash University. Accessed June 16, 2015. http://law.monash.edu.au/staff/postgraduate/sess-aboulton.html Senior Deputy IR Watson Melbourne Union Research Officer - President ACTU "Mixed Bag: Fair Work Australia Members and Their Key Former Roles." Australian Financial Review. May 22, 2012. Accessed June 16, 2015. http://www.afr.com/rw/2009- 2014/AFR/2012/05/22/Photos/dc9b30a8-a3fa-11e1-925f- 9fb49fa7795a_23p10fwa-RESIZED.jpg. Senior Deputy JM Acton Melbourne Union Industrial advocate for Keating "National Road Safety Tribunal to Improve Safety for Australian Road President 10 years - ACTU Users." Bill Shorten MP. June 30, 2012. Accessed June 16, 2015. http://billshorten.com.au/national_road_safety_tribunal_to_improve_ safety_for_australian_roadusers. Senior Deputy AM Harrison Sydney Neither Lawyer Keating "The Honourable Anne Harrison." Defence Force Remuneration President Tribunal. Accessed June 16, 2015. http://www.dfrt.gov.au/about/members/the-honourable-anne- harrison-president-of-the-defence-force-remuneration-tribunal. Senior Deputy LEC Drake Sydney Neither Lawyer Keating "Mixed Bag: Fair Work Australia Members and Their Key Former President Roles." Australian Financial Review. May 22, 2012. Accessed June 16, 2015. http://www.afr.com/rw/2009- 2014/AFR/2012/05/22/Photos/dc9b30a8-a3fa-11e1-925f- 9fb49fa7795a_23p10fwa-RESIZED.jpg. Senior Deputy MG O'Callaghan Adelaide Neither Executive Director, Howard Commonwealth Parliament (2005). Senate Employment, Workplace President Workplace Services - Relations and Education Legislation Committee: 2004-2005 Additional SA government in Senate estimates hearing: 17 February 2005. Question W274-05. 1990s Senior Deputy JM Hamberger Sydney Neither Employment Advocate Howard Ibid President - Office of the Employment Advocate Senior Deputy PJ Richards Brisbane Employer Advisor to Peter Reith; Howard President Group Assistant director of Patrick, Aaron. "Fair Work Commission Bench Line-up Not so Fair, Says Business Council of Business." Australian Financial Review. April 13, 2014. Accessed June Australia 16, 2015. http://www.afr.com/news/policy/industrial-relations/fair- work-commission-bench-lineup-not-so-fair-says-business-20140413- ix5im. Deputy PJ Sams AM Sydney Union Secretary - Labor Rudd "Biographical Entry Sams, Peter (1956 - )." Australia Trade Union President Council of NSW; AWU Archive. Accessed June 16, 2015. official http://www.atua.org.au/biogs/ALE2490b.htm. Deputy A Booth Sydney Union Vice President - ACTU Gillard President Hannan, Ewin. "All Sides Approve of Fair Work Appointees." The Australian. February 25, 2012. Accessed June 16, 2015. http://www.theaustralian.com.au/national-affairs/all-sides-approve- of-fair-work-appointees/story-fn59niix-1226281006822. Deputy A Gooley Melbourne Union Assistant Secretary - Rudd President Media Entertainment "Minister Announces Two Key Appointments." Australian Ageing and Arts Alliance; Agenda. June 19, 2012. Accessed June 16, 2015. Lawyer - Maurice http://www.australianageingagenda.com.au/2012/06/19/minister- Blackburn announces-two-key-appointments/. Deputy JP Lawrence Sydney Union Secretary - ACTU Gillard President "Ex-ACTU Chief Jeff Lawrence Appointed to Fair Work Commission Role." The Australian. March 28, 2013. Accessed June 16, 2015. http://www.theaustralian.com.au/national-affairs/industrial- relations/ex-actu-chief-jeff-lawrence-appointed-to-fair-work- commission-role/story-fn59noo3-1226608585840. Deputy VP Gostencnik Melbourne Union Senior Industrial Gillard "Val Gostencnik." LinkedIn. Accessed June 16, 2015. President Officer - Australian https://www.linkedin.com/pub/val-gostencnik/26/4a5/90b. Nursing Federation; Lawyer - Ryan Carlisle Thomas/Corrs Chambers Westgarth Deputy J Kovacic Melbourne Neither Public servant Gillard "Fair Work Appointments." Bill Shorten MP. June 12, 2013. Accessed President June 16, 2015. http://billshorten.com.au/fair-work-appointments. Deputy RS Hamilton Melbourne Employer Manager, Labour Howard Commonwealth Parliament (2005). Senate Employment, Workplace President Group Relations - Australian Relations and Education Legislation Committee: 2004-2005 Additional Chamber of Senate estimates hearing: 17 February 2005. Question W274-05. Commerce and Industry Deputy GR Smith AM Melbourne Employer Confederation of Hawke President Group Australian Industry; "Media Release: New President Leads Fair Work Australia." Bill Shorten Meat and Allied MP. February 24, 2012. Accessed June 16, 2015. Trades Federation of http://billshorten.com.au/media-release-new-president-leads-fair- Australia work-australia.

Deputy IC Asbury Brisbane Employer National Industry Howard President Group Group Manager for "New Appointments to Fair Work Commission." Bill Shorten MP. March the Australian Industry 28, 2013. Accessed June 16, 2015. Group http://billshorten.com.au/new_appointments_to_fair_workcommissio n. Commissioner JCW Lewin Melbourne Union Senior Industrial Officer - AWU McGuire, Michael. "The Man in Charge of Deciding Whether MPs Should Receive More Money Is a ‘good Friend’ of Premier Jay Weatherill." The Advertiser. March 31, 2015. Accessed June 16, 2015. http://www.adelaidenow.com.au/news/south-australia/the-man-in- charge-of-deciding-whether-mps-should-receive-more-money-is-a- good-friend-of-premier-jay-weatherill/story-fni6uo1m- 1227286925634. Commissioner WD Blair Melbourne Union Federal Secretary - Arnold, Sophie. "Qantas, Toyota Workers Ready to End Stoppages." Vehicle Builders The Age, June 8, 1989. Employees Federation Australia Commissioner HM Cargill Sydney Union Director - Trade Union "Mixed Bag: Fair Work Australia Members and Their Key Former Training Authority Roles." Australian Financial Review. May 22, 2012. Accessed June 16, 2015. http://www.afr.com/rw/2009- 2014/AFR/2012/05/22/Photos/dc9b30a8-a3fa-11e1-925f- 9fb49fa7795a_23p10fwa-RESIZED.jpg. Commissioner MG Roberts Sydney Union Consultant Project Howard Commonwealth Parliament (2005). Senate Employment, Workplace Director - Community Relations and Education Legislation Committee: 2004-2005 Additional and Public Sector Senate estimates hearing: 17 February 2005. Question W274-05. Union Commissioner DS McKenna Sydney Union Legal Officer - Labor Gillard Council of NSW Gollan, Paul J. "The Legitimacy of Fair Work Australia." Business and Economics, Macquarie University. September 10, 2010. Accessed June 16, 2015. http://www.businessandeconomics.mq.edu.au/news_and_events/busi ness_economics_news_archive/news_archive/the_legitimacy_of_fair_ work_australia. Commissioner IW Cambridge Sydney Union National Secretary - Rudd AWU Thomas, Hedley. "Speak Up, Ex-AWU Official Ian Cambridge Tells Witnesses." The Australian. February 12, 2013. Accessed June 16, 2015. http://www.theaustralian.com.au/news/investigations/speak- up-ex-awu-official-ian-cambridge-tells-witnesses/story-fng5kxvh- 1226575771357?login=1. Commissioner DJ Cloghan Perth Union Advisor to WA Labor Rudd Minister, Jim McGinty; "Latest Appointment to Fair Work Australia Swells Union Ranks within Secretary - WA Prison the Tribunal." Australian Mines and Metals Association. May 31, 2010. Officers' Union Accessed June 16, 2015. http://www.amma.org.au/news- media/media-center/latest-appointment-to-fair-work-australia-swells- union-ranks-within-the-tribunal/. Commissioner JF Ryan Melbourne Union National Industrial Rudd Ibid. Officer - SDA Commissioner J Roe Melbourne Union National President - Rudd Schneiders, Ben. "Fair Work Stacks up Well for Unions." Sydney AMWU Morning Herald. December 6, 2009. Accessed June 16, 2015. http://www.smh.com.au/national/fair-work-stacks-up-well-for-unions- 20091215-kujy.html. Commissioner MP Bissett Melbourne Union Senior Industrial Rudd Ibid. Officer - ACTU Commissioner CF Simpson Brisbane Union 15 Year career at the Gillard AWU "Speech by Paul Howes at the Induction of Fair Work Australia Commissioner." AustralianWorkers Union. Accessed June 16, 2015. http://www.awu.net.au/opinions/speech-paul-howes-induction-fair- work-australia-commissioner. Commissioner T Lee Melbourne Union General Manager - Gillard Fair Work Australia; "New Commissioners Appointed to Fair Work Australia." Group public servant during Training Australia. September 2, 2011. Accessed June 16, 2015. VIC ALP government; http://www.gtaltd.org.au/eBulletin_misc/MR_Evans_2Sep11_NewCo "senior roles" - mmissionersAppointedToFairWorkAustralia.pdf Australian Services Union Commissioner B Riordan Sydney Union NSW state secretary - Gillard Electrical Trades Union Patty, Anna. "Fair Work Commissioner Bernie Riordan Defends Approval of Loan to NSW ALP." Sydney Morning Herald. May 4, 2015. Accessed June 16, 2015. http://www.smh.com.au/nsw/fair-work- commissioner-bernie-riordan-defends-approval-of-loan-to-nsw-alp- 20150504-1mz0pu.html. Commissioner S Booth Brisbane Neither Senior Member - Qld Gillard Civil and "New Commissioners Appointed to Fair Work Australia." Group Administrative Training Australia. September 2, 2011. Accessed June 16, 2015. Tribunal; Qld anti- http://www.gtaltd.org.au/eBulletin_misc/MR_Evans_2Sep11_NewCo discrimination mmissionersAppointedToFairWorkAustralia.pdf commissioner; public servant; Legal background Commissioner LAT Johns Melbourne Neither Chief Executive - Fair Gillard Schneiders, Ben. "Jobs for Mates Row over Fair Work Appointees." Work Building and Sydney Morning Herald. March 29, 2013. Accessed June 16, 2015. Construction http://www.smh.com.au/federal-politics/political-news/jobs-for- inspectorate; long mates-row-over-fair-work-appointees-20130328-2gxfo.html.; time ALP member

Commissioner NP Wilson Melbourne Employer Fair Work Gillard "Nicholas Wilson." LinkedIn. Accessed June 16, 2015. Group Ombudsman; https://au.linkedin.com/in/nicholaswilson3 Employee Relations Advisor - SA Employers' Federation Commissioner AL Cribb Melbourne Employer Human Resources Keating "Anna Lee Cribb." Monash University. Accessed June 16, 2015. Manager - ICI Australia http://www.buseco.monash.edu.au/events/isaac/bios/alee.html. and Orica Pty Ltd Commissioner PJ Spencer Brisbane Employer Director Employment Howard Commonwealth Parliament (2005). Senate Employment, Workplace Group Law and Public Affairs Relations and Education Legislation Committee: 2004-2005 Additional - Retailers Association Senate estimates hearing: 17 February 2005. Question W274-05. of QLD Commissioner BD Williams Perth Employer Executive Director - Howard Group WA Chamber of "Williams Made AIRC Commissioner." ABC News. July 28, 2006. Commerce and Accessed June 16, 2015. http://www.abc.net.au/news/2006-07- Industry 29/williams-made-airc-commissioner/1225462. Commissioner PJ Hampton Adelaide Employer Deputy Director - SA Rudd Nickless, Rachel. "Fair Work Commission Appointments Continue Group Employers’ Federation Unhealthy Tradition." Australian Financial Review. April 9, 2013. Accessed June 16, 2015. http://www.afr.com/news/policy/industrial- relations/fair-work-commission-appointments-continue-unhealthy- tradition-20130410- jhxv9?login_token=nRY0vPhM2In5z3qf29jW5tS0DShtMdgB9OCmh2gX QXK3E2OXqSCBPEBQsEaX_vZ- F_phzv0Tuy3P3SU5BLhzBQ&member_token=_Tf9FwuO7kIOo. Commissioner G Bull Sydney Employer Director of Workplace Gillard Group Relations - Australian "Media Release: New President Leads Fair Work Australia." Bill Shorten Mines and Metals MP. February 24, 2012. Accessed June 16, 2015. Association; BHP http://billshorten.com.au/media-release-new-president-leads-fair- Billiton work-australia. Commissioner D Gregory Melbourne Employer Director of Workplace Gillard Ibid Group Policy - Australian Chamber of Commerce and Industry; News Limited; Victorian Farmers Federation

Appendix VII – Union influence in the Queensland parliament

Union mentions in the maiden speeches of Queensland MPs

Name Electorate Unions and union officials mentioned Source Hon Leanne ALGESTER Most recent job was as an official of the Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Enoch Queensland Council of Unions; https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Leeanne_En Ron Monaghan, Ros McLennan, John Battams och-Algester-20150326-411905263809.pdf. (QCU); Thanked dedicated members of the ‘ALP and union movement’ Scott Stewart None Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Scott_Stewa rt-Townsville-20150327-525700044723.pdf. Hon Shannon WATERFORD AMWU Secretary Rohan Webb, AMWU Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Fentiman National President Andrew Dettmer, Gary https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Shannon_Fe Bullock of United Voice, Michael Ravbar of ntiman-Waterford-20150326-189751240141.pdf. the CMFEU, Wendy Streets of the FSU, the Plumbers Union, the ETU, the Not4Sale campaign and the Nurses Union.

Mark Ryan MORAYFIELD No speech available Rick Williams PUMICESTONE None Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Rick_Willia ms-Pumicestone-20150327-689933574856.pdf. Jim Pearce MIRANI No speech available Brittany KEPPEL Rohan Webb, Ann-Marie Allan, Jules Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Lauga Campbell, Peter Lyon, John Hempseed, Sonia https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Brittany_Lau Steffen, Luke Moore (AMWU) ga-Keppel-20150505-634243733670.pdf. MURRUMBA Janice Myers, Julie Bignell, Mary-Anne O’Neill Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from (ASU), Irene Monro (Together Union), https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Christopher Michael Ravbar, Jacqui Colley and Andrew _Whiting-Murrumba-20150505-231034924075.pdf. Ramsay (CFMEU) Craig BARRON RIVER Gary Bullock (United Voice), John Oliver, Jack Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Crawford Emeleus (UFU), Steve McGhie (National https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Craig_Crawf Council of Ambulance Unions), Services ord-Barron%20River-20150505-802021976901.pdf. Union, QCU LOGAN Ben Swan, Mark and Charis of the AWU, Troy Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from and Cowboy, Peter, Scott and Sarah (TWU), https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Linus_Powe Chris John (SDA) r-Logan-20150505-757368443806.pdf. BULIMBA No speech available Mick de SPRINGWOOD United Voice (he had a leadership position), Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Brenni Ros McLennan, Ron Monaghan, John Battams https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Mick_de%2 (QCU), Fiona Scanlon, Scott Zackeereson, 0Brenni-Springwood-20150505-114322864850.pdf. Matt Lawrence, Gary Bullock (United Voice), RTBU, Services Union, QTU, CFMEU, MUA Leanne NUDGEE Jennifer Thomas (Services Union), TWU, Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Linard Plumbers Union https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Leanne_Lina rd-Nudgee-20150505-678586677968.pdf. SUNNYBANK AMWU, ETU, Together, MUA, RTBU, United Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Voice, Plumbers Union https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Peter_Russo -Sunnybank-20150505-017823153572.pdf. Jennifer IPSWICH Ben Swan (AWU), Dick Williams (ETU) Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Howard https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Jennifer_Ho ward-Ipswich-20150505-049858080929.pdf. Glenn GLADSTONE the unions', Not4Sale team Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Butcher https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Glenn_Butc her-Gladstone-20150507-700806865287.pdf. Leanne BUNDABERG ETU, Not4Sale, Steve List and Syd Poole, Scott Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Donaldson Welsh and the QTU, CFMEU, QCU, QNU https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Leanne_Don aldson-Bundaberg-20150507-092999355084.pdf. Joe Kelly GREENSLOPES Bob Anderson and CFMEU, Beth Mohle and Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from QNU, Peter Biagini and the TWU, Ben Swan https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Joseph_Kell and the AWU, Neil Henderson and the y-Greenslopes-20150507-576192406438.pdf. Services Union, Andy Elphinstone and the QIEU & Sam Pidgeon, Brendan Crotty, Lynn Cowie, Scott Tibaldi and Dave Terauds and the QTU. Julieanne MACKAY Mackay QCU, Qld Teachers Union Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Gilbert https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Julieanne_Gi lbert-Mackay-20150519-044425281549.pdf. Hon Coralee MUNDINGBURRA United Voice Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from O’Rourke https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Coralee_O% 27Rourke-Mundingburra-20150326-951515982587.pdf. Don Brown CAPALABA United Voice, CFMEU, Rail Tram and Bus Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Union, ETU, Wendy and Melissa Warren and https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Don_Brown- team at FSU, Blocker, Sheila, Sharon, Sharpie, Capalaba-20150519-026188357121.pdf. GD, Mass, Malley (United Voice people) KALLANGUR Peter Simpson and Stuart Traill (ETU), Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Not4Sale team https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Shane_King- Kallangur-20150519-365056246678.pdf. Hon Steven Mt COOT-THA Gary Bullock, United Voice, Alex Scott Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Miles https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Steven_Mile s-Mount%20Coot-tha-20150326-579877397715.pdf. Aaron THURINGOWA Gary Bullock, Matthew Lawrence, Geoff Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Harper Sharp, Kroy Day and United Voice, ETU, Mick https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Aaron_Harp Robinson and CFMEU, MUA, AMIEU, QNU, er-Thuringowa-20150520-593990296445.pdf. RTBU, NACU, Together, ASU, QCU, John Oliver and UFUQ Bruce MARYBOROUGH Together Union Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Saunders https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Bruce_Saun ders-Maryborough-20150520-679224404792.pdf. BRISBANE No speech available CENTRAL Hon Jo-Ann BUNDAMBA No speech available Miller Billy Gordon COOK None Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Billy_Gordo n-Cook-20150521-937553694685.pdf. FERNY GROVE Neil Henderson (Services Union),Peter Biagini Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from (Transport Workers Union), Ben Swan (AWU), https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Mark_Furne Chris Gazenbeek (SDA), John Oliver (UFUQ), r-Ferny%20Grove-20150506-168297251215.pdf. Qld Teachers Union, CFMEU LYTTON None Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Joan_Pease- Lytton-20150506-266615940704.pdf. Rob Pyne CAIRNS Together Union Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Rob_Pyne- Cairns-20150506-268807888711.pdf. IPSWICH WEST Neil Henderson (Services Union), AWU, TWU, Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Not4Sale https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Jim_Madde n-Ipswich%20West-20150506-323950590299.pdf. PINE RIVERS Gary Bullock and United Voice, ETU, Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Not4Sale, QCU, CFMEU https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Nikki_Boyd- Pine%20Rivers-20150506-333731098430.pdf. Duncan Pegg STRETTON Ben Swan, Peter Biagini Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Duncan_Peg g-Stretton-20150506-695713199681.pdf. Hon Mark YEERONGPILLY ETU, AMWU (Rohan Webb), RTBU (Owen Queensland Parliament. (2015). Record of proceedings (Hansard). Retrieved from Bailey Doogan, Jules Campbell and Peter Allen) https://www.parliament.qld.gov.au/documents/members/InauguralSpeech/Mark_Bailey -Yeerongpilly-20150326-283446154670.pdf. Hon Bill ROCKHAMPTON No speech available Byrne