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CFMEU whistleblowers charged by Dave Noonan after alleging CFMEU corruption

I've just received a note from a concerned CFMEU member who tells me that CFMEU boss Dave Noonan has charged two CFMEU whistleblowers with gross misbehaviour for speaking out about alleged CFMEU corruption.   The fact that these charges were laid in the face of an ongoing Royal Commission of Enquiry into Corruption within the CFMEU (and other unions) beggars belief.   It is at the very least a provocative action on the part of the CFMEU - I'd be interested in legal opinions.

Here is the essence of the note from my correspondent.

See attached. Andrew Quirk and Brian Miller have each received similar summons.

This is despite the broader context, where Quirk and Miller:

  1. Are both in receipt of Workers Compensation benefits and not fit for duty - and therefore should not be 'summoned' to any work related activity that does not relate to their Workers Compensation claims;
  2. The two of them provided information to the Royal Commission to the knowledge of the union – and these charges by David Noonan could be seen as retaliatory and as part of a pattern of retaliatory behaviour that has been directed to everyone who has been involved in the Royal Commission;
  3. The decision makers – ie the Construction Division Divisional Executive of the CFMEU – include the person charging them (David Noonan) and is made up primarily of those of whom they made public allegations  against; and
  4.  The broader investigation by the Royal Commission hasn’t concluded and likely won’t conclude until late next year, so there is an open question as to the truth or otherwise of the allegations that they have made.

 

Here is a redacted (address details) copy of the "Summons" my informant tells me was signed today by Dave Noonan.

 

Summons cfmeu_redacted_001

Charge miller

The two CFMEU members charged today by Noonan feature in these stories.

http://www.abc.net.au/7.30/content/2014/s4108809.htm

http://www.theage.com.au/national/cfmeus-brian-parker-set-to-be-recalled-before-union-commission-20141016-1174zi.html

The Fairfax press published this photo of the two men in the above story.

Smh photo

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