Royal Commission into Trade Union Governance and Corruption

The Royal Commission into Trade Union Governance and Corruption was a Royal Commission established by the Government of Australia to inquire into alleged financial irregularities associated with the affairs of trade unions.^[1] The Australian Workers Union, Construction, Forestry, Maritime, Mining and Energy Union, Electrical Trades Union, Health Services Union and the Transport Workers Union were named in the terms of reference.^[2] The Royal Commission inquired into the activities relating to slush funds and other similar funds and entities established by, or related to, the affairs of these organisations.^[3]

The Prime Minister Tony Abbott announced the Royal Commission on 10 February 2014 and nominated that the Commission be overseen by a sole Royal Commissioner, Dyson Heydon, a former High Court judge. Letters Patent were issued on 13 March 2014. The commissioner submitted an Interim Report^[4] in December 2014, which found cases of "wilful defiance of the law" and recommended criminal charges against certain unionists. Allegations of illegality against nine unions had been uncovered, with over 50 potential breaches of criminal and civil law identified.^[5]

Following an extension, the Commissioner presented his final report to the Governor-General in December 2015, finding "widespread and deep-seated" misconduct by union officials in Australia. More than 40 people and organisations were referred to authorities, including police, Directors of Public Prosecutions, the Australian Securities & Investments Commission and the Fair Work Commission, and a recommendation for the establishment of an independent body to investigate union records and finances was made.^[6]

The only conviction of a union official from the process was a CFMEU staff member, sentenced to a $500 good behaviour bond after he accidentally disposed of documents that could have been requested by the commission. The documents were later found to be irrelevant to the commission. Five union officials had charges dropped or were found not guilty.^[7]

The Australian Council of Trade Unions labelled the Royal Commission as a politicised stitch-up intended solely to advance the Union busting ideological & partisan agenda of the Liberal Party of Australia. The Australian Labor Party through their employment spokesman, Brendan O’Connor labelled the Royal Commission as modern-day McCarthyism and an outrageous intrusion into the personal affairs of Union members.^[8][9] Dyson Heydon, an avowed conservative was also revealed to have been directly involved with the Liberal Party and made highly partisan attacks on Labor prior to being appointed as the Commissioner. This led to questions over his impartiality, and a rejected application to recuse himself. Heydon was later found by an independent Commonwealth investigation to have sexually harassed six women. He resigned in disgrace from the Order of Australia, with the Chief Justice of Australia Susan Kiefel apologising to the women on behalf of the High Court of Australia.^[10][11]