Outrage as building industry watchdog tries to BAN the Eureka flag after 142 years as a symbol of Australian unions
- Construction giant Lendlease has challenged the building watchdog’s flag ban
- The watchdog claimed government-funded buildings should not display the flag
- Lendlease said the flag is acceptable if it implies union membership is voluntary
The construction industry watchdog is trying to ban the display of the Eureka flag, which has symbolised Australian unions for 142 years.
Building giant Lendlease has challenged the Australian Building and Construction Commission’s ban on the Eureka flag and posters supporting controversial union leader John Setka on commonwealth-funded buildings.
Lendlease argued in the Federal Court that union insignia should only be banned if it implied union membership is anything but voluntary.
The Eureka flag was created in the 1850s by gold miners and used at the Eureka Stockade. Since 1878 it has been used to represent Australian unions.
Construction giant Lendlease has challenged the Australian Building and Construction Commission’s ban on the Eureka flag (pictured)
A ‘We Support John Setka’ poster and Eureka flag hang in a lunchroom, which the Australian Building and Construction Commission say breaches the building code
But the ABCC claimed government-funded buildings have an obligation not to show union symbols on company-supplied property.
In court proceedings, the ABCC’s director Robert Dalton said ‘We Support John Setka’ posters breached the code, despite having no union logos, The Australian reported.
Posters supporting Mr Setka came about after he tried to contest Anthony Albanese’s attempt to remove him from the Australian Labor Party.
Dave Noonan, the Construction, Forestry, Maritime, Mining and Energy Union’s construction division’s national secretary, said the ABCC’s position was a misuse of power by a government regulator.
‘We have hundreds of government inspectors going around trying to censor free speech on building sites by banning posters,’ he said.
‘It’s just blatant anti-union behaviour. They want to try and censor the fact that unions exist.’
Mr Noonan said the posters supporting Mr Setka were simply a political opinion held by some employees.
He compared them to hypothetical posters reading ‘I support Mathias Cormann for the OECD’.
Mr Cormann, who quit is finance minister earlier this year, is campaigning to be the next head of the OECD – an organisation fostering economic prosperity and free trade.
Posters supporting Mr controversial CFMEU boss John Setka (pictured with wife Emma Walters) came about after he tried to contest Anthony Albanese’s attempt to remove him from the Australian Labor Party
According to the code: ‘Building association logos, mottos or indicia are not applied to clothing, property or equipment supplied by or which provision is made for by the employer or any other conduct which implies that membership of a building association is anything other than individual choice for each employee’.
The ABCC argued the paragraph is divided into to limbs, broken up by the word ‘or’.
It said the first limb ensures all logos, mottos and indicia are not applied.
The second limb is a separate ban on any other messaging that implies union membership is not an individual choice.
Lendlease said the paragraph represents a single obligation.
The court decision is expected in early 2021.
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