Yesterday the ACTU briefed selected media about its decision to accept Commissioner Heydon's Judgement in its Bias claim as final.
There'll be no appeal. Commissioner Heydon's Judgement is the last word in the legal process that very publicly tested the ACTU's claim. The ACTU put its case and the matter has been settled.
There is no bias.
Here's some of the ACTU spin, first from Fairfax's Anna Patty:
Fairfax Media understands the ACTU has decided that a court challenge would be too costly and would not be resolved before the December 31 deadline set for Mr Heydon's final report.
One union source said even if a legal appeal were successful, "it wouldn't stop Tony Abbott from pursuing his political crusade against the union movement and the Labor Party".
ACTU secretary Dave Oliver said the Royal Commission into Trade Union Governance and Corruption was "terminally tarnished and without legitimacy".
"This is a political process, not a legal process, and we will treat it as such," Mr Oliver said.
"It remains our view that the only course of action available to the Prime Minister is to end it and we call on him to do so.
"This is not just about whether the commissioner is biased, it's about the fact that the whole commission is biased."
ACTU secretary David Oliver said in a statement "this is a political process, not a legal process and we will treat it as such".
"It remains our view that the only course of action available to the Prime Minister is to end [the royal commission] and we call on him to do so," he said.
The ABC understands the ACTU and other unions have decided a court appeal would take up too much time and money, with a decision unlikely before the royal commission is due to finish at the end of this year.
Labor and the unions entertained no doubt about bias in their public statements - they were certain. They accused Dyson Heydon of outrageous things. They targeted his hard-won reputation for integrity and his character.
Today they prove they don't have the courage of their convictions. If they did, they'd appeal and urgently seek an injunction to stop the injustice being done to them. They won't do that because they know they'd lose.
They know the Commissioner is not biased. They know he is a man of unimpeachable character and integrity. Yet they continue to smear him in the press and the parliament.
And why are they doing it? To protect crooks.