Unions turn the legal rack on Heydon

The ACTU, CFMEU and AWU went before the unions royal commission on Friday, asking for its head to recuse himself over perceived bias.

THE UNIONS WANT DYSON HEYDON GONE - HERE'S THEIR ARGUMENTS

ACTU

* Wants the commissioner to recuse himself and resign on the grounds he is unable to afford any union, or person associated with any union, procedural fairness as a result of his "apprehended bias".

* A fair-minded observer would think Mr Heydon would have known the Sir Garfield Barwick address was a Liberal party event, having seen the initial email inviting him to speak.

* A fair-minded observer would infer Mr Heydon was aware it might be attended by some Liberal politicians.

* From seeing the email correspondence, a fair-minded observer would think Mr Heydon knew the event was a fundraiser for the party.

* A fair-minded observer would conclude that Mr Heydon remains prepared to speak at such an event once the commission finishes.

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

* A fair-minded observer would reasonably think Mr Heydon was aware the event was a Liberal one when he was invited.

* Having seen emails between the organiser and Mr Heydon, a fair-minded observer would conclude he was prepared to allow himself to be portrayed as a supporter of the Liberal party.

* The commissioner has an affinity with, and partiality in favour of, the Liberal party and might not bring an independent mind to make findings of fact in a politically controversial inquiry.

AUSTRALIAN WORKERS UNION

* The commissioner was aware from the outset the event was a Liberal party branch function, emails show.

* The acceptance of the invitation raises the strong inference of association with the Liberal party.

* A fair-minded observer would think there's a real possibility of the commissioner not bringing an impartial mind to the commission.

* Justice is not seen to be done if the commissioner continues in the job.

(Source: Unions submissions to royal commission released on Friday).


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