The NSW Council for Civil Liberties has serious concerns with the Federal Government’s Fair Work (Registered Organisations) Amendment (Administration) Bill 2024 and the Government’s accompanying amendments. While any allegation of criminality is serious and must be addressed, the powers set out in this bill are far-reaching and establish a dangerous precedent for the trade union movement, membership-based organisations, and the rights of individuals to natural justice and procedural fairness.

The rushed nature of this legislation which is designed to override a process begun by the Fair Work Commission and the Federal Court threatens the principles of natural justice and procedural fairness. We note that the proposed legislation would set a precedent where membership-based organisations can have democratic control externally removed on the basis of untested allegations. This is of concern to all Unions, registered Clubs, and Australian membership-based organisations.

The Bill violates Australia’s obligations under the International Labour Organisation, namely Articles 3 and 4 of the Freedom of Association and Protection of the Right to Organise Convention, 1948.

The NSWCCL has long held that everyone has the right to natural justice and procedural fairness, regardless of the allegations they face. If this legislation is passed next week, it threatens this fundamental right. The right to freedom of association and the nature of membership-based organisations across Australia must be protected.