Australian Charged Under Federal Industrial Laws Aquitted

An Adelaide (Australia) magistrate has acquitted the first person to be charged under federal industrial laws for failing to answer compulsory questions about a stop-work meeting.

According to ABC in Australia, Tribe stood trial in Adelaide Magistrates Court, charged with failing to attend the Australian Building and Construction Commission (ABCC) to answer questions about a union meeting at an Adelaide building site in 2008.

The Commission, which was formed by the Howard government to regulate the building industry, investigated unlawful industrial action at the site. (WCxKit)

Tribe's lawyer defended the case on a technicality, arguing the investigation was not properly authorized so the charge was laid unlawfully.

Magistrate David Whittle delivered a verdict of not guilty to the offence, which carries a maximum penalty of six months in jail for a conviction.

Unions came together to support Tribe at all his court proceedings and had vowed to take nationwide industrial action if the unionist were jailed.

"Australians, regular working Australians can feel proud, we got them," Tribe said.

A spokesman for Workplace Relations Minister Chris Evans said the Government needed to fully consider the magistrate's reasons for the ruling before commenting.

But he said the Government remained committed to abolishing the ABCC and replacing it with a new body to crack down on unlawful activity within the construction industry.

ABCC Commissioner Leigh Jones said the court has found no evidence of wrong-doing by the organization, but had concerns regarding important technical matters.

He indicated measures would be put in place to address those, including his direct involvement in many cases.

Jones said industrial unlawfulness continued in the construction industry, especially in Victoria and Western Australia, meaning tough measures would still be warranted.

ACTU president Ged Kearney added it was an important victory for the union movement in its fight against the ABCC. (WCxKit)

"We're going to be looking very closely at other cases. We will use this for the future of any dealings with the ABCC and we will make sure, as I said, this is another nail in the coffin of the ABCC," Kearney said.

Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. www.LowerWC.com
Contact: RShafer@ReduceYourWorkersComp.com .

WC IQ TEST: http://www.workerscompkit.com/intro/

WORK COMP CALCULATOR: http://www.LowerWC.com/calculator.php

MODIFIED DUTY CALCULATOR: http://www.LowerWC.com/transitional-duty-cost-calculator.php

WC GROUP: http://www.linkedin.com/groups?homeNewMember=&gid=1922050/
SUBSCRIBE: Workers Comp Resource Center Newsletter

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.