Have politicians and union leaders really only just discovered that there’s a problem with the CFMEU, thanks to a series of explosive reports in Nine newspapers?

This is the question Michelle Grattan asks, detailing the ways in which the minister and other leaders seem to have suddenly sprung into action and condemnation over the union’s alleged nefarious activities. But, she argues, it’s hard to credit these leaders didn’t know about the union’s bad behaviour prior to the media expose.

Over its years in government, the Labor Party has twice bowed to what the CFMEU wanted, with the abolition of the Australian Building and Construction Commission: the Gillard government scrapped it, the Coalition restored it, and Workplace Minister Tony Burke scrapped it again, arguing it had “completely failed”.

What the union and the government do now, Grattan says, must be judged in terms of actions, not fighting or reassuring words.

RMIT business and law academic Anthony Forsyth writes that because most of the alleged conduct is criminal in nature, the options available to the government are limited. But there are options.

While Burke could apply to the Fair Work Commission to have the union’s registration cancelled – as is being flagged – this would have harsh ramifications on the majority of CFMEU members who have acted properly.

The minister could also request the commission investigate alleged misconduct, although this is limited to breaches of the legal requirements for financial management, accounting and auditing applicable to registered organisations.

However, if the allegations of criminal connections involving some CFMEU officials were proven, there would be grounds for their disqualification from holding office by order of the Federal Court.

Forsyth says it may be time to implement a “fit and proper person” test for holding union office in the construction industry.

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