NOT GUILTY!! Ark Tribe and the workers beat the ABCC

Justice was done at the Adelaide Magistrates Court today. After two years of persecution by the building industry watchdog, the ABCC, Ark Tribe is now a free man.

Around four thousand men, women and children turned out to support Ark as he entered the court for the final time. Standing tall on the union built scaffold, before entering the courthouse, Ark Tribe was presented with 2,500 messages of support posted in recent weeks on the Rights on Site website, another example of the widespread support Ark Tribe has received throughout this disgraceful ordeal.

After entering the court to chants of "One Law for All", and "Ark Tribe here to stay", Ark emerged flanked by his lawyer Stephen Dolphin and CFMEU National Secretary Dave Noonan who announced the "not guilty" verdict. Naturally, this was met with a huge victory roar from the massive crowd who then chanted "Workers united will never be defeated!" This is no doubt a victory to saviour and one that not only Ark Tribe, but the whole union movement can be proud of. From day one, the solidarity has been fantastic, a fact that Ark made clear to supporters in a short but emotional thank you speech.

As he moved back into the corner of Victoria Square, now affectionately known as "Ark's Park" workers came from everywhere to congratulate him. There were handshakes and backslaps all round and many took the opportunity to have a photo taken with the man who has courageously challenged and beaten the bosses' attack dogs.

The crowd having disperesed to return to work or celebrate elsewhere, the question still remains, when will the Government abolish this fiercely anti-worker organisation known as the ABCC? Four thousand people can't be wrong, people like Ark Tribe should be congratulated for standing up for workplace safety, not interrogated by a secret police force or dragged through the courts for simply standing up for rights at work.

Well done Ark, you have carried us to victory, but the fight against the ABCC will continue until it has been, to coin a popular phrase, "dead, buried and cremated."

Ark Tribe here to stay, ABCC dead today!

Touch one, touch all: Ark Tribe supporters protest in London

Standing outside Australia House in London, union safety campaigners handed out flyers to passers by, some of whom were attending a concert by the Sydney Philharmonia Choir who were in town at the time. Imagine their surprise when they found out that not everything coming out of Australia is music to the ears. The protesters also handed a letter in support of Ark to the Australian High Commission.

Trade unions represented at the protest included the TSSA, UCU, NUJ, UNITE, UCATT. Members from other organisations such as the HAZARDS Safety Campaign, Labour Lawyers from International Centre for Trade Union Rights (ICTUR) and the Blacklist Support Group were also on hand to support spread the message about the ABCC and their charges against the rank and file worker, Ark Tribe.

Follow this link to a fantastic video of the protest

Ark Tribe in 2010 and the death of a construction worker in 1974

The charges laid against Ark Tribe by the ABCC are undemocratic, unjust and straight out immoral. As this article from Don McDonald AM explains, the way Ark Tribe and hundreds of other building workers are being treated flies in the face of rights won by building workers over 30 years ago. So much for the "Building Industry Improvement Act".

Case adjourned, again!

With Ark's hearing not listed on Thursday, it was left until Friday before a ruling was made on the CFMEU's day 1 argument that the ABCC staff member who laid the charges against Ark Tribe was not authorised to do so and as such charges should be dropped.

With hundreds gathering outside the magistrates court in the centre of Adelaide, the mood as buoyant; there was a feeling that this might be it, that the charges would be dropped and Ark would be able to get back to a normal life and back on the job.

Sadly, it wasn't to be. Magistrate David Whittle found that the ABCC assistant commissioner, John Draffin, was entitled to lay the complaint against Tribe and that the trial would continue. CFMEU State Secretary Martin O'Malley emerged at around 10.30am, closely followed by the union's National Secretary, Dave Noonan. They told Ark's supporters and the assembled media that the trial was to proceed and that Ark had plead not guilty to the charges.

As he did on day one of the trial, Noonan threw down the gauntlet: "If Ark Tribe is jailed, the CFMEU will take action right around the country". Mr Noonan also sent a warning to the ABCC and to employers, some of whom had threatened to sack workers for turning up to the court to support Ark Tribe.

"Construction workers will not be intimidated by those sort of threats. We will not be held down by employers who want to hide behind these draconian powers. Ark is our friend, he's our comrade, he's one of us and we will be here for him as long as it takes and as hard as it gets."

The support for Ark Tribe from the trade union movement and the wider community has been building since his case first came to light. The CFMEU National Secretary told workers it must continue.

"All of us need to know that Ark is walking in our shoes, he cannot walk alone and this law cannot be allowed to stand," Noonan said.

With much time taken up deliberating on the CFMEU's attempt to have the charges dropped, the case was destined to be adjourned to a later date. Later on Friday afternoon, Magistrate Whittle set down July 21 and 22 for the continuation of the trial.

Day 2: Message from Rights on Site team.

It was lawyers at twenty paces in in the Adelaide Magistrates Court this afternoon - but it didn't last long.

Ark's barrister argued that the case brought by the ABCC was invalid. The Magistrate then called for written submissions from both sides.

The Court sat again today. Then his Honour let us know that he needed more time to consider the submissions. The long and the short of it is that we'll be back at 10am (Adelaide time) on Friday 18 June and the Magistrate will rule on the first argument.

A frustrating but necessary process. We hope to have some good news to report Friday morning.

Thanks for all your support!

Dave Noonan and the Rights on Site Team

Ark Tribe Trial: Day 1

Across the country, thousands rallied in support of Ark Tribe yesterday.

Thank you for your support.

Inside the Adelaide Magistrate's court, lawyers began their defence of Ark Tribe, a normal construction worker accused of nothing more than failing to attend an interrogation by the Construction Star Chamber for the Australian Building and Construction Commission.

Ark's lawyers argued that the ABCC had not correctly begun the prosecution - because the person authorising the prosecution did not have the power to do so. As a result they said the charges should be thrown out.

Lawyers for the Commonwealth DPP contested the argument and the magistrate moved for an adjournment. Both sides will now make written submissions on the matter, with the court reconvening today, Wednesday 16th June at 2pm.

It is expected that the magistrate will today make a determination on this particular issue. If the arguments of Ark's lawyers are upheld, the case will end. If not, it will continue with both sides making arguments on substantive issues.

Workers, members of the broader community and unionists, were out in force outside and inside the court in support of Ark and against the ABCC. If Ark goes in, construction workers across the country will go out.

Come to Victoria Square at 1.30pm today to show your solidarity with Ark as his trial enters Day 2.

Three weeks until Ark faces court

In approximately three weeks South Australian construction worker Ark Tribe faces court to find out if he will be the first rank and file worker jailed by the Howard and now Rudd Government's repressive anti-worker task force, the ABCC. There is no doubt that Ark's case has been shaping up as one of the most important in recent industrial relations history and it's up to all of us to stand up for a worker's basic right to safety in the workplace.

Come to Victoria Square at 8.30am on June 15th to stand tall with Ark Tribe, the man who has put himself on the line to stand tall for what is right.

Follow this link to download artwork for an A2 poster which you can print and put up in your workplace and community noticeboards etc.

Let's rally together and fill Victoria Square on June 15th. The voice of the people must be heard on June 15th, 16th & 18th.

Keep an eye out for updates on this blog and via our Twitter feed.

Famous supporters back Ark

Tribe follows Ark to the steps of courthouse

Around one thousand supporters of Ark Tribe chanted "one law for all" as the Adelaide construction worker entered court for the third time since August. This time the case was heard in the Adelaide Magistrates Court which meant workers were able to come off various jobs to support Ark in his fight for justice.

SA CFMEU Construction & General Secretary Martin O'Malley introduced a number of speakers including historian Humphrey McQueen who had travelled from Canberra to address Ark's supporters. McQueen openend and closed his speech, which drew loud applause from all in attendance, with this quote from Samuel Champ, BLF organiser from Hobart in 1916:

"Our liberties had not been won by mining magnates or stock-exchange jobbers, but by genuine men of the working-class movement who had died on the gallows and rotted in dungeons and were buried in nameless graves. These were the men to whom we owed the liberties we enjoyed today."

CFMEU Federal Secretary, Construction & General, Dave Noonan followed Humphrey McQueen, telling the crowd that the union's highest decision making body - its Federal Executive - had recently determined that industrial action would be taken on building sites acrorss the nation should Ark or any other construction worker be jailed under the powers of the ABCC.

Revved up by the union's strong commitment to stand behind its members, the large crowd stood tall behind Ark Tribe who led them toward the Magistrates Court where he entered to await his fate.

With Ark Tribe inside the courtroom, men and women from trade unions, progressive political parties, community organisations and the like chanted "One Law for All" while they waited for Ark to emerge. Less than 15 minutes later, Ark appeared with legal counsel Stephen Dolphin and it was announced that for a third time, the case would be adjourned - this time until 18 December.

Audio of Humphrey McQueens speech, along with video footage and interviews from the rally, will be available in full on this blog soon. Stay tuned!

STAND TALL for Ark Tribe today!

Ark Tribe faces his third court hearing today in Adelaide. Supporters will gather outside the court at 11am where speakers, including eminent historian Humphrey McQueen, will address the crowd.

Supporters of Ark - "Ark's Tribe", call on Julia Gillard and the Rudd Government to abolish the ABCC and let the rigger Ark Tribe go free! The ABCC is an undemocratic anti-worker body and has no place in Australian society - or any society for that matter.

Down with the ABCC - let the Ark Tribe go free!

See you there at 11am as we chant One Law for All!!

Rally details around the country:

SA: 11am Outside the court at the Southern End of Victoria Square, Adelaide

NSW: 11am Sydney Trades Hall, 377 Sussex Street Sydney
QLD: TBC Outside Prime Minister Kevin Rudd's Office, 630 Wynnum Road, Morningside
TAS: 9.30am Outside the offices of the Australian Building and Construction Commission, 142 Elizabeth Street, Hobart
VIC: 9.30am Outside the offices of the Australian Building and Construction Commission, 533 St Kilda Road Melbourne

Stand Tall with Ark Tribe on October 30

The case against Ark Tribe moves to the Adelaide Magistrates court where charges laid against the CFMEU member by the Australian Building & Construction Commission (ABCC) will be heard on October 30.

Supporters of Ark Tribe are asked to rally in Victoria Square (law courts end) at 11am. Bring your friends and co-workers. It's time for all workers to stand united against the Federal Government's undemocratic "tough cop on the beat". Don't Jail Ark Tribe!! Down with the ABCC!!

ACTION for ARK:

Download the file "Ark Tribe Poster" in downloads box to the right, print off a bunch and stick em' up around the place. Do your bit to help Ark Tribe beat the ABCC!

Ark Tribe Song

Go to the box widget on the right where can download the Ark Tribe song to play at your rally or event in solidarity with Ark on the 30th of October.