BY STUART MARTIN
MELBOURNE On October 4, the Federal Court handed down its judgement on the dispute over control of the Victorian branch of the Australian Manufacturing Workers Union. The decision was not a clear victory for either the militant Workers First team or the faction aligned to AMWU national secretary Doug Cameron.
The case has been preceded by a bitter fight within the union. The Victorian branch of the union, which contains around half the AMWU members nationally, has been led by the Workers First faction, particularly former state secretary Craig Johnston.
In an outrageous provocation, Johnston was suspended by the national office earlier this year, pending an investigation into alleged "misconduct". Although a police investigation into the relevant incident concluded that there was no evidence, Cameron refused to drop the investigation.
In the meantime, the national council parachuted a Cameron-aligned national official, Dave Oliver, into the state branch as an "administrator" despite a state council decision to appoint another local militant. Oliver's appointment was made until September 16.
In late August, the simmering tension blew into open conflict as Cameron attempted to sack organisers, including one from the Victorian printing division. Victorian members set up a picket outside the AMWU offices. In an attempt to break the deadlock, Johnston resigned as state secretary on September 2.
But when the Victorian council appointed a replacement, state industrial officer Steve Dargavel, until new elections could be held in 2003, this was overruled by the national office, which insisted that Oliver remain in control of the branch. On September 4, the national council attempted to suspend the state council until the middle of 2003.
The court case was to determine whether Oliver's original appointment was valid, and if it remained so following Johnston's resignation.
Justice Alan Goldberg ruled that Oliver's appointment as administrator was valid up to September 16, and that the appointment did not lapse with the resignation of Johnston on September 2. Because of this, Goldberg found that Dargavel's appointment as state secretary was not valid. He also found that the AMWU's national council had the power to direct the state council not to appoint a state secretary for the duration of Oliver's administration.
However, Goldberg also found that Oliver's appointment was only valid because of the unusual situation of Johnston's suspension. In normal circumstances, Goldberg found, the state council could appoint an acting state secretary. Consequently, Goldberg ruled that Oliver's appointment could not be extended after September 16 on the same grounds, because the reasons for his appointment no longer existed (because Johnston had resigned).
Importantly, Goldberg also ruled that the national council's resolution suspending the state council was not valid, as it was beyond the power of the national council.
In the week following the decision, the AMWU national council reappointed Oliver as administrator until June 30 2003, and the Victorian state council again appointed Dargavel as acting state secretary.
From Green Left Weekly, October 16, 2002.
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