ACTU boss Sally McManus has refused to back down from her now-infamous comments backing workers' rights to break laws they view as unjust, saying Medicare and many working conditions had been won through "non-violent so-called illegal industrial action".
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Senior Turnbull government figures have rounded on the new ACTU boss's comments, which Defence Industry Minister Christopher Pyne described as "anarcho-Marxist claptrap".
Mr Pyne said the comments showed Ms McManus, a former secretary of the NSW branch of the Australian Services Union, was not up to the job of leading the union movement.
"What Sally McManus has said is the kind of anarchic Marxist clap trap we used to hear from anarchists at Adelaide University in the 1980s," he told ABC radio on Thursday morning.
"If that's what the secretary of the ACTU thinks, she has no place being there and she should resign and give the job to someone who has a modern, forward-looking view."
But hours later Ms McManus doubled down, saying it was an Australian workers' tradition to "stand up to unfair and unjust rules and demand something better".
"Every single Australian benefits from superannuation, Medicare, the weekend and minimum wages ???these were all won by our parents, grandparents and great-grandparents taking non-violent so-called illegal industrial action," she said.
"Working people only take these measures when the issue is one of justice, like ensuring workers' safety on work sites, a fair day's pay for a fair day's work, or to uphold and improve rights for working people," she said in a statement, adding there was "rampant lawlessness" in the workplaces of Australia."Australian unions are committed to changing the laws at work because they are no longer strong enough to guarantee and protect workers' rights. We will do so through advocating changes to the laws and rules that govern the workplace."
On Wednesday night Ms McManus told the ABC she believed "in the rule of law where the law's fair, where the law's right, but when it's unjust I don't think there's a problem with breaking it".
Ms McManus was responding to questioning about whether the ACTU should distance itself from the Construction, Forestry, Mining and Energy Union (CFMEU), which has battled more than 100 separate court proceedings.
"There's no way we'll be doing that," she told 7.30.
"It might be illegal industrial action according to our current laws, [but] our current laws are wrong."
Environment and Energy Minister Josh Frydenberg said the royal commission into trade union corruption had shown laws were already broken on building sites.
"I have no sympathy with the idea that you should break the law of the land in order to pursue your political objectives here," he said.
"I think the head of a union organisation ... should be encouraging everyone, where they're membership or not their membership, to abide by the law and anything other than that, really, is unacceptable."Assistant Industry Minister Craig Laundy said Ms McManus's comments showed why the reinstatement of the Australian Building and Construction Commission was necessary.
"I really do hope they allow her to do as many press conferences and media appearances as is possible," he told Sky News.
"I don't know how long her period in control is [but] it shows you that it is a unique set of circumstances - only a union movement could quite clearly promote an anarchist to its key position and I just hope she keeps finding a camera every day and telling us what she thinks."
Mr Shorten has distanced himself from Ms McManus' comments.
"We're very lucky to live in a country like Australia which has a democratic process. If you don't like the law, change the government and change the law. That is the way to do business, not to break the law," he said.
Prime Minister Malcolm Turnbull said the remarks betrayed the true nature of the labour movement, while Employment Minister Michaelia Cash said the comments were "outrageous".
"Militant unions have used bullying and standover tactics to trash the rule of law on work sites, and now one of Australia's most senior union bosses says the law should only apply when you agree with it," Mr Turnbull told News Corp.
Greens employment spokesman Adam Bandt said many employees were being punished for seeking to advance their rights at work
"Of course, we can't all just pick and choose which laws we want to follow, but our labour laws breach international law and you can't condemn people who get punished under them," he said.
