Any friends of Setka in CFMEU leadership need to be purged

And so fare thee well to some 270 CFMEU officials, including NSW state secretary Darren Greenfield, who have been ordered to vacate their offices as Mark Irving, KC, formally begins the task of cleaning up their controversial union.

Inexplicably, Irving has allowed CFMEU national secretary Zach Smith to keep his job. Just six weeks ago, with the Victorian-Tasmanian secretary, John Setka, jumping ship, the Victorian branch going into administration, federal Workplace Relations Minister Tony Burke considering deregistration, NSW Premier Chris Minns and Victorian Premier Jacinta Allan promising to suspend the CFMEU from the ALP, and the ACTU suspending its affiliation with the CFMEU’s construction division in some states, Smith was telling Australia to butt out, and he would tidy up his own house.

Smith’s recalcitrant arrogance came as a storm engulfed the CFMEU following a joint investigation in July by the Herald, The Australian Financial Review and 60 Minutes revealing allegations of bikie and underworld infiltration and claims that union support was being traded for kickbacks.

CFMEU national secretary Zach Smith has survived while other officials have been purged.Credit: Alex Ellinghausen

The move against the CFMEU has caused much soul-searching within the union movement and the Albanese government, representing as it does workers in a dangerous and precarious industry.

To that end, Workplace Relations Minister Murray Watt, who has been publicly critical, delegated the decision to put the union into administration to Attorney-General Mark Dreyfus. On Friday, Irving presented his labour credentials as a member of the Australian Services Union for more than 30 years in a letter to CFMEU members.

“The CFMEU’s record of successful struggle to keep workers safe is unequalled in Australia, and you are justly proud of the union’s history of protecting and improving wages and conditions,” Irving wrote. “The administration will come and go, but the work of the CFMEU must endure.”

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Irving’s appointment is likely to be challenged by the union in the courts, with several allies, including the Electrical Trades Union and Maritime Union, declaring their support and indicating they are likely to donate to the cause. They view the government’s move as lacking due process and punishing the entire CFMEU for allegations against a few.

Irving, a barrister for four decades who specialises in employment, industrial and anti-discrimination law, undoubtedly has good credentials, and we welcome his move against the CFMEU’s NSW and Victorian officials.

But although there have been no allegations of wrongdoing against Smith, we believe his survival as national secretary needs some explanation and justification.

When the scandal erupted, Smith stood by Setka and Greenfield, angrily rejecting suggestions that both had handpicked him for the national secretary job. He also persisted in resisting the push for administration, saying he had “external eminent legal minds” to manage an investigation and make recommendations.

The CFMEU is in dire need of new leadership. Smith and other surviving officials will have to co-operate with Irving. But given Smith’s history of intransigence, why should we now think he will help the administrator to clean up?

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