Rigger’s industrial laws fight back in court

14 09 2010

By Candice Marcus

Updated Mon Sep 13, 2010 2:33pm AEST

Ark Tribe

Rigger Ark Tribe arrives for another court appearance (ABC News: Patrick Rocca)

A lawyer for a construction worker charged under federal industrial laws has told Adelaide Magistrates Court the prosecution case is seriously flawed.

Rigger Ark Tribe is accused of failing to attend at the Australian Building and Construction Commission (ABCC) to answer questions about a stopwork meeting which was held over safety concerns at an Adelaide building site.

It is the first such case prosecuted.

Tribe’s lawyer Michael Abbott QC told the court that only the commissioner was empowered to form a suspicion that a worker had contravened the laws.

“It always has to be the ABC Commissioner investigating unless he delegates that function, which he never did,” he told the hearing.

“The function of the ABC Commissioner must be performed by him, and him alone, unless he delegates it and he would still have to publish a copy of the instructions of delegation under the legislation.

“The inspectors acted illegally and unlawfully.”

Mr Abbott said much could be read into the fact that Commissioner John Lloyd was not called to give evidence for the prosecution case, when it should have been his investigation.

“We say the silence of the ABC Commissioner is telling,” he said.

Hundreds of union members again rallied outside the hearing to support Tribe.

The magistrate will give a verdict in November and unionists have vowed to take nationwide action if Tribe is jailed.

Advertisements

Actions

Information




%d bloggers like this: