Tony Sheldon (NSW, Australian Labor Party) Share this | Hansard source

So, yes, a case can be made for deregistration of the union and then an argument can be put forward—at great expense to the organisation—that the illegal action taken was understandable in the circumstances, according to the pub test. It's a breach of the law. That doesn't mean it's unethical or immoral, but it's a breach of how the law actually operates. As a result of that breach, they can then face a case. And in the case of the armoured car industry and those particular periods of assaults—at one point we had over 23 assaults and hold-ups over a period of a few months, particularly around ATMs—there were a series of industrial actions that were taken. That would have constituted a consistent position over that period and over 10 years to be answered, because there had been many strikes involving people who were not directly at imminent risk as well as people who were at imminent risk.

I'll go back to my other examples. In the bus industry and trucking we've had a series of occasions where rocks have been dropped off overhead bridges. On those occasions workers decided to ban major highways. They had been threatened with dismissal as a result of turning around and taking that action. The rock throwers could be on a weekend, in the evening or in the morning. Hundreds of trucks would use those highways. After talking to union delegates and subsequently having meetings in transport yards, which were not authorised—it's a breach because it's not protected action—the workers decided that they would not use that road any longer. Some workers were threatened that, if they didn't use that road, they would be terminated. Under those circumstances, their colleagues took industrial action to support them. They didn't want to take those roads. That was unprotected industrial action.

In fact I recall a situation where a delegate, who had been with the company for close to 30 years and had won a number of awards from the company for his diligence—he was a very staunch unionist; you can actually do both—stood up for workers and said when he thought things were wrong. When he pressed that issue, he was terminated. The workers went on strike. That was illegal unprotected industrial action. Why wouldn't they go on strike? They were upset that somebody who was standing up for them was terminated and made an example of. They knew that a court case would take months upon months, if not years, in certain circumstances. They weren't going to see him be economically damaged. They wanted the company to see the light. As a result of that strike, within 24 hours that employee was put back on. That was illegal industrial action.

Minister, under those circumstances would demerit points be allocated to a union to be deregistered if they were found guilty of what was clearly a breach of the Fair Work Act—and with a case before the Fair Work Commission, if the employer decided not to reinstate that delegate and they decided to take a court case forward? Would those circumstances in a case that was clearly a breach of the Fair Work Act result in demerit points being added to the union and the official responsible for that area? I might also add that as an official I very happily supported what those workers did.