The Australian Building and Construction Commission (ABCC) had egg on its face when all criminal charges against Construction, Forestry, Mining and Energy Union (CFMEU) member Brian Shearer were officially withdrawn by the Department of Public Prosecution on September 22.
Shearer had been accused of assaulting and threatening to kill two ABCC inspectors in December 2006 on a building site in Mill Park. According to the CFMEU, the union representative on the site was trying to ensure the employer was insuring its workers, as was legally required. ABCC inspectors claim Shearer verbally assaulted them when they were called in. If convicted, the unionist could have faced a maximum jail sentence of 10 years.
In a September 22 statement, CFMEU construction division national secretary Dave Noonan called on ABCC commissioner John Lloyd to apologise and resign for having slandered the union and dragged Shearer's name through the mud.
Shearer was quoted in the statement saying, "it's been two years of living hell", and raising the concern that "other building workers continue to be at risk of being used as a tool in the campaign to protect the ABCC".
Noonan said this case also highlights how the ABCC has abused its power in a political game to attack trade unions. Noonan said: "This is a victory for Brian and a victory for the CFMEU. The government needs to realise the game is up, and move to abolish this overtly political attack dog of the failed Howard Government."