De Minimis
  • Home
  • ABOUT US
  • Podcast
  • Your Learned Friend
  • Anonymous Feedback
  • Art
  • Get published!
  • Comment Policy
  • Archive
    • 2018
    • 2017
    • 2017 >
      • Semester 2 (Volume 12) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
        • Issue 8 (election issue)
        • Issue 9
        • Issue 10
        • Issue 11
        • Issue 12
    • 2016 >
      • Semester 1 (Volume 9) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
        • Issue 8
        • Issue 9
        • Issue 10
        • Issue 11
        • Issue 12
      • Semester 2 (Volume 10) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
        • Issue 8 (Election Issue)
        • Issue 9
        • Issue 10
        • Issue 11
        • Issue 12
        • Issue 13 (test)
    • 2015 >
      • Semester 1 (Volume 7) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
        • Issue 8
        • Issue 9
        • Issue 10
        • Issue 11
      • Semester 2 (Volume 8) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
        • Issue 8
        • Issue 9
        • Issue 10
    • 2014 >
      • Semester 1 (Volume 5) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
      • Semester 2 (Volume 6) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 6
        • Issue 7
        • Issue 10
        • Issue 12
    • 2013 >
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5
      • Issue 6
    • 2012 >
      • Semester 1 (Volume 1) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
        • Issue 8
        • Issue 9
        • Issue 10
        • Issue 11
        • Issue 12
      • Semester 2 (Volume 2) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
        • Issue 8
        • Issue 9
        • Issue 10
        • Issue 11
        • Issue 12
  • Blog

The Heydon Royal Commission to shine light on corruption

14/4/2014

 
JOEL SILVER

While the Royal Commission into Trade Union Governance and Corruption (the Heydon Royal Commission) is a source of consternation for some, it will doubtless lead to significant change in the culture and politics of trade unions, and no doubt the laws which govern them.
The Heydon Royal Commission follows numerous reports of questionable fiscal behaviour by union officials. This includes the Australian Workers Union “Reform Association” – which, despite its name is controlled personally by two officials, and is the repository for donations from major employers – and a slush fund used to influence elections in the Queensland branch of the Transport Workers Union. The Fair Work reports into the National Office and Victoria’s No.1 Branch of the Health Services Union (HSU) also spotlighted similar patterns.

The common thread is that union officials are obtaining financial advantage from their position of incumbency, through the foundation of so-called “slush funds” (also referred to as “social clubs” or “fighting funds”). Those entities are then used to reinforce and advance the political position of an individual and/or group. While some examples involve outright and knowing illegality, others are merely improper and undemocratic.

Holding leadership in a trade union brings significant power, not simply in terms of the numbers (financial and membership), but through their practical power within the Australian Labor Party (ALP). Unions donate huge amounts to the state and federal ALP officials giving them influence to build a political future.

The issue which the Heydon Royal Commission must confront is the extent of power by finance in the trade union movement. That will have undoubted implications for the ALP. For instance, The Australian reported (29 March 2014) that West Australian ALP Senate candidate Joe Bullock – in his role as state secretary of the Shop, Distributive and Allied Employees Association – collected $10 a week from each of his union organisers, being $500 per annum, totalling $200,000 over 18 years. While said to be voluntary, the contributions were expected to support his position. Since Bullock was never challenged, this “brown paper bag” was allegedly used to buy influence far beyond the union.

In a 2013 report to Australian Council of Trade Unions on best practice, a panel led by former Federal Court judge Rodney Magdwick argued “the greatest disinfectant is sunlight”, that is, disclosure alone can prevent impropriety. If that is true, then Commissioner Heydon will need to set off a supernova to end the darkness which has covered these activities.

Joel Silver is an LLM student and a member of the Liberal Party of Australia, he has previously been published on issues of union corruption and is Co-Chair of the Young Lawyers Section Law Reform Committee.

Comments are closed.
    Picture

    Archives

    April 2021
    March 2021
    February 2021
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    October 2019
    September 2019
    August 2019
    July 2019
    May 2019
    April 2019
    March 2019
    February 2019
    October 2018
    September 2018
    August 2018
    July 2018
    May 2018
    April 2018
    March 2018
    February 2018
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    May 2016
    April 2016
    March 2016
    February 2016
    December 2015
    October 2015
    September 2015
    August 2015
    May 2015
    April 2015
    March 2015
    October 2014
    September 2014
    August 2014
    July 2014
    May 2014
    April 2014

  • Home
  • ABOUT US
  • Podcast
  • Your Learned Friend
  • Anonymous Feedback
  • Art
  • Get published!
  • Comment Policy
  • Archive
    • 2018
    • 2017
    • 2017 >
      • Semester 2 (Volume 12) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
        • Issue 8 (election issue)
        • Issue 9
        • Issue 10
        • Issue 11
        • Issue 12
    • 2016 >
      • Semester 1 (Volume 9) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
        • Issue 8
        • Issue 9
        • Issue 10
        • Issue 11
        • Issue 12
      • Semester 2 (Volume 10) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
        • Issue 8 (Election Issue)
        • Issue 9
        • Issue 10
        • Issue 11
        • Issue 12
        • Issue 13 (test)
    • 2015 >
      • Semester 1 (Volume 7) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
        • Issue 8
        • Issue 9
        • Issue 10
        • Issue 11
      • Semester 2 (Volume 8) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
        • Issue 8
        • Issue 9
        • Issue 10
    • 2014 >
      • Semester 1 (Volume 5) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
      • Semester 2 (Volume 6) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 6
        • Issue 7
        • Issue 10
        • Issue 12
    • 2013 >
      • Issue 1
      • Issue 2
      • Issue 3
      • Issue 4
      • Issue 5
      • Issue 6
    • 2012 >
      • Semester 1 (Volume 1) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
        • Issue 8
        • Issue 9
        • Issue 10
        • Issue 11
        • Issue 12
      • Semester 2 (Volume 2) >
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
        • Issue 7
        • Issue 8
        • Issue 9
        • Issue 10
        • Issue 11
        • Issue 12
  • Blog