Bam wrote on Jan 1
st, 2016 at 6:48pm:
Quote:Recommendation 60
For the purpose of seeking to combat the culture of disregard for the law within the Construction, Forestry, Mining and Energy Union, consideration be given to the enactment of special legislation disqualifying those officers of the Construction, Forestry, Mining and Energy Union that Parliament considers are not fit and proper persons from holding office in any registered organisation or branch for a specified period.
Parliament passing specific legislation against particular individuals? That would be the greatest overreach of parliamentary power against specific people since Menzies tried to ban the Communist Party (this attempt failed because it was unconstitutional). Once someone is named in this way, it's not possible to remove one's name except by hoping the legislation is repealed. That's a gross breach of the separation of powers. Such power against individuals belongs to the courts, not the Parliament.
If we're going to have any legislation like this, it should be framed in general terms. For example, the legislation could specify that anyone with criminal convictions could not be a senior officer in a union, a director of a company, etc. As long as the legislation was even-handed - the same rules applied to unions, companies, churches, political parties or any other organisation - it would be reasonable and stand constitutional scrutiny.
The keyword is "OFFICER".
This word is defined in the Fair Work Act as well as Corporations Act
OFFICER is a general term describing anyone who represent the organisation
The term is further identified in RECOMMENDATION 25
So are wrong when you assume it's relating to "particular individuals"
RECOMMENDATION 60 further says "disqualifying those officers"
This disqualification is common with officers of Superannuation Funds, companies and Trusteeship.