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.

First class hypocrits

On Thursday 25/06/09, the Coalition, assisted by Family First Senator Steve Fielding and Independent South Australian Senator Nick Xenophon, voted to disallow a ministerial direction from Julia Gillard which would give construction workers some basic protections against the coercive powers of the ABCC, using its numbers in the Senate to block the move.

CFMEU Construction National Secretary Dave Noonan accused opposition leader MalcolmTurnbull of double standards, pointing out his decision last night to exercise his own right to silence over the fake email affair.

But the double standards don’t stop there. On the News last night on TV Liberal Senator Eric Abetz who reveled in leading the false exposure of the fake email affair, carried on about non co-operation with any inquiry into the affair, saying he would not disclose his source of information and no one will force him to.

On the ABC’s AM program on Wednesday, former Industrial Relations Minister and chief head kicker Tony Abbott, was crying about “the ferocious display of the coercive power of Government” and the government “using all the agencies of the state as a form of political coercion and intimidation”.

Well fellows, welcome to the nightmare of your own rotten creation. Building and construction workers have been facing these draconian powers since John Howard introduced the ABCC in order to coerce and intimidate them.

Under the ABCC’s coercive powers, Australian construction workers have no right to silence and are forced to give evidence about union meetings or any other issue the ABCC wishes to address.

Apparently, politicians and senior bureaucrats can hide behind their right to silence – even in the face of serious allegations – and yet construction workers can be fined or jailed for trying to exercise the same right.

Malcolm Turnbull and his mates are happy to exercise their right to silence but deny thousands of Australian construction workers even minimal protections.

This is a shameful act of hypocrisy from Turnbull and his mates - but who is surprised at that?

Turnbully boss man

Leader of the Opposition, Malcolm Turnbull, employs his right to silence but blocks workers'. More here.

Unions call on Gillard to abolish ABCC at ACTU Congress

Ark Tribe, a South Australian construction worker, faces six months jail after being charged
with allegedly refusing to attend an interrogation by the Australian Building and Construction
Commission.

Earlier in the week, the Australian union movement stands behind Ark and will urge the Rudd Labor
Government to abolish the ABCC when Julia Gillard, Deputy PM and Minister for Workplace
Relations, speaks at the ACTU Congress.

The ACTU Congress yesterday unanimously passed a resolution calling on the Government
to abolish the ABCC and the unjust laws that underpin it.

Click here to read more

CFMEU Executive: Ark's fight is our fight!

The CFMEU Construction and General Division have today pledged to fight fresh charges laid by the Australian Building Construction Commission (ABCC) against South Australian construction worker, Ark Tribe.

At a meeting of the union’s executive in Sydney, all branches closed ranks around Mr Tribe, who allegedly failed to attend a compulsory interrogation by the ABCC in 2008.

Under the Federal Government industrial relations laws, construction workers like Mr Tribe can be fined up to $22,000 each for stopping work or jailed for up to 6months for refusing to answer questions about a union meeting.

Click here to read the press release in full.