When the judges sit down to decide who should be Australian of the Year, they should turn their attention to a quietly-spoken rigger from Adelaide who last week showed how one person’s courage can make a difference.

What's more Australian than standing up for you and your mates? Picture: Calum Robertson

Scientists, doctors, actors, singers, economists, entrepreneurs, sporting heroes and even the odd shonky businessman have won Australian of the Year. And - every year - you can mount a serious case that the honour should have been handed to someone else. But then again that’s sort of the point.

Australian of the Year isn’t about a unanimous choice for most deserving human in the country. It’s about starting a national discussion about who we are and what we value in others. So this is why I would like to see the next award handed to a type of Australian who has never taken the honour. An ordinary Aussie worker. Ark Tribe.

Ark, you may have heard last week, has become a cult hero – especially among those working in the construction industry.

For 18 months he has been dragged through our legal system, weighed down with the threat of six months in jail. Why? Because he stuck up for safety on his worksite.

Ark, a rigger, was working on a site at Flinders University in Adelaide when he noticed several serious safety breaches.

He made his fellow workers and management aware of the dangers and then went back to work.

Later he was approached out-of-the-blue by two officers from the Australian Building and Construction Commission and told he was to attend a compulsory interrogation.

The ABCC is a ‘watchdog’ established by the Howard Government during its final term in office - the term where it badly overreached in attacking the rights of working people.

Now an ABCC interrogation is no minor affair. In fact, these guys were actually given stronger coercive powers than ASIO.

The ABCC can prosecute workers for refusing to provide information on their workmates during an interview.

It can prosecute a worker for talking about what was said during an interview to his friends or family afterwards. And if a worker refuses to attend such a Kafkaesque process, well, they can prosecute then as well.

When Ark was approached by the ABCC he knew he had done nothing wrong by pointing out safety breaches on site. In fact, a subsequent government inspection found that every issue he raised was a genuine danger.

So he refused to attend the interrogation. He made a gut decision to stick up for what he believed in. And it cost him dearly.

The ABCC decided to use Ark as an example and went after him with everything they had. All up they spent around one million dollars of taxpayer money trying to stick an ordinary worker in jail.

In the end they were defeated by their own arrogance. Despite their enormous power, they still managed to illegally overstep their boundaries and on Wednesday, an Adelaide magistrate found Ark not guilty.

But let’s not fool ourselves. But for a legal technicality due to the ABCC’s incompetence, Ark could now be cooling his heels in jail. The unjust laws under which he was prosecuted remain in place, a potential trap for all other union members in the industry.

On the steps of the courthouse Ark addressed a crowd of thousands with a few simple words and then disappeared to celebrate with his mum, his sister and a few hundred mates.

Listening to him address the cheering masses I realised Ark is the best kind of hero – the accidental kind.

He’s not a freedom fighter. He’s not a superstar. He’s just an average bloke who found himself in extraordinary circumstances for trying to do the right thing. (And that’s basically the plot of nine out of ten action movies, if you think about it.)

While always shying from the limelight, his character and courage throughout the whole ordeal have made him an inspiration to other working people.

He embodies so many of the characteristics that we value and identify as Australian.

Now I’m aware there’s a minor technicality in that the award process has actually closed for this year.  But is there any chance we can quietly slip Ark’s nomination under the door?

Australian of the Year reflects who we are and what we value.

An ordinary worker who stood tall on basic principles and inspired thousands in the process deserves a place on that list.

35 comments

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    • annie says:

      05:29am | 29/11/10

      Get real Aussie of the year should be picked from someone who does unselfish work to help the community, ie surf life savers or salvoes not some union scapegoat.

    • BK says:

      07:01am | 29/11/10

      Ark did something to make help the community and unions are community orginisations.

    • Andrew says:

      09:05am | 29/11/10

      “unions are community organisations.” Bullcrap.

      They are the fundraising arm of the Labor party.

      Anyone remember the state of the building industry before the ABCC? That’s what unions want us to return to.

    • Reg says:

      09:38am | 29/11/10

      Easy to see you’re into froth and bubble Annie, never done a real day’s work in your life eh? And what’s a Union Scapegoat if not a victim of those opposed to safety regulations for the extra profit they can make by letting workers die? That’s what this man stood up against and the cost to you will be less than one tenth part of your next breath.

    • hot tub political machine says:

      01:04pm | 29/11/10

      Andrew, you do realise that an organisation can be both a community organisation and a political force right, like they aren’t mutually exclusive?

      Political action (like for example forming a political party) is a perfectly legitimate course of action for a community group.

    • Ark says:

      01:50pm | 29/11/10

      Thanks Ged, was wonderfull to meet you last week. Australian of the year, me lol, no thanks, like Annie says i too think that there are many others more deserving. Cheers

    • Davo says:

      02:44pm | 29/11/10

      “They are the fundraising arm of the Labor party.”
      Good thinking let’s jail political.

    • Robert Smissen, rural SA, God's own country says:

      03:40pm | 29/11/10

      Reg are you saying that you are are hard worker, slaving over a keyboard is hardly hard yakka, mate. Worked on the slaughter floor from 15, worked as a sand blaster too, yeah I’ve worked hard but I reckon Annie is right

    • stephen says:

      06:32pm | 29/11/10

      Life-Savers get all the girls and the Salvoes get to play trumpets and trombones in community halls… which ain’t hard work, less’n yer gotta listen to either when youse tryin’ ter sleep.
      Ark may be the man.
      Lets just see how this pans out.

    • Reg says:

      04:44am | 30/11/10

      Well I suppose we’re both in our seventies Robert SA. I did my training working for Vesty’s as well, so we both know what it is to do a hard day’s work. 1200 head a day at peak. The key-board is a late and only partial mastery. I also know what a tally does to the rate of exertion. So spare us your self promoting condescension mate, I’m sure Alice does not know what it’s like to wade knee deep in the blood pit.

      Being noticed requires lots of self-promotion and the steady repetitive worker usually has no time for such nonsense. I may be quite wrong but I suspect Alice is one of the old blue rinse brigade.

    • Super D says:

      06:35am | 29/11/10

      I’d be more interested to hear how you propose to solve the issue of union militancy on construction sites.  It’s fine to criticise the current solution though its a fairly weak position if you don’t have an alternative solution to offer.  Or is turning a blind eye to union excesses and thuggery the key to retaining your position as president of the ACTU?

    • TChong says:

      07:52am | 29/11/10

      Super D, you seriosly suggesting all things bad inthe building industry are caused by unions?
      No manager/ developer ever done anything wrong?
      The ABCC is probaly the most blatant example of Howard and his govt actual hatred of workers.
      A system that would have seen a man gaoled, for what?
      The ABCC was / is a Star Chamber of hate for anyone daring to stand in the way of a developer and money.

    • Reg says:

      09:50am | 29/11/10

      Ever the one to maintain the image of Union thuggery I see Super D, obviously as distraction from the board-room thuggery that portrays itself as genteel wisdom. The suits versus the overalls. The policy of neglect verses the policy of confrontation or of quiescence.

    • Macca says:

      08:24am | 29/11/10

      “For 18 months he has been dragged through our legal system, weighed down with the threat of six months in jail. Why? Because he stuck up for safety on his worksite.” Ah, no, he broke a federal law, and you are parading him around as a hero. Nothing better than celebrating Union delinquincy.

      He was hung-out to dry by a Union who failed to adequately inform him of his legal requirements, or was possibly encouraged by someone to outright ignore the requirements.

    • Tim says:

      09:23am | 29/11/10

      He broke an unjust federal law. A law that takes away a basic human right, and he was targetted by that law because he raised a concern about safety at work. His case was unjust and union stuck with him all the way. The ABCC only adds to the problems in the construction industry and it should be abolished.

    • Ark says:

      01:44pm | 29/11/10

      Macca, I was fully aware of the consequences before i informed my union, and was backed up 100% after i did. The choice i made came by instinct when told to bow to the government and become a Grub.

    • michael j says:

      08:38am | 29/11/10

      Looks like a Bikie,maybe they should keep him locked up

    • Ark says:

      01:34pm | 29/11/10

      If they locked us up for our looks Michael which division do you think you would be put in mate? I wonder mm!

    • Adam Diver says:

      08:42am | 29/11/10

      So why hasnt Labor resolved these issues??? Where is the howls from the left??

      Ark is a hero, and with a name like Ark Tribe you would need to be. Why do people in these organisations lose sense of reality and self indulge in their own, undeserved power??? You see it everywhere, particularly in government agencies, where a monopoly of power corrupts the individuals within. Some people need a good hard look at themselves, and if the 1 million dollar figure is correct for a 6 month jail term, someone should lose thier job.

    • AJ says:

      09:09am | 29/11/10

      Union hack.

      Building industry is in enough trouble without returning to pre-ABCC construction site unionism

    • hot tub political machine says:

      02:09pm | 29/11/10

      Yup - lets not even let safety at work stand in the way of our political persuasions hmm?

    • Ben81 says:

      03:30pm | 29/11/10

      hot tub - Is it Labor’s political persuasions that prevent them from scrapping the ABCC, or is there maybe a little bit more to it?

    • hot tub political machine says:

      04:07pm | 29/11/10

      No idea as I wasn’t even aware of the organisation until todaym but my suspicion is that it is pure unadulterated base pragmatism from Labor when they tend to go against their base values.

    • Shane From Melbourne says:

      09:13am | 29/11/10

      The best union in Australia is the Victorian Police Association. Where else could you go on sick leave for two to nine years?

    • Punters Pal says:

      09:43am | 29/11/10

      Cool name, sounds more like skate or surfwear brand than an actual person.

    • cynic says:

      09:43am | 29/11/10

      Ged, always a good spinner of bull dust. Just like your recent comments in perth that gillard had a “mandate” after the recent federal election to change the ir laws.what a joke that was. I guess with this case of never let the facts get in the way of a good story. The guy was used as a trojan horse to test the laws & hopefully for the actu get him jailed for your political purposes. The process was wrong. By the way, the actu never complained about section 677 of th efair work act. That’s the bit where a person who fails to appear before fair work australia when compelled to gets 6 months jail!

    • Ben81 says:

      12:04pm | 29/11/10

      That’s right, he got off on a technicality, not because of angry mobs outside the court screaming that he’s above the law or threatening strikes and all sorts of grief if he’s foung guilty, as if you have any sort of right to stand over the judicial system like that.  This kind of mob/gang mentality is a prime example among many of why something like the ABCC had to be set up in the first place.
      To me and many others this guy’s just a poster boy of Union arrogance and power, and certainly doesn’t reflect anything we should value at all.

    • Damocles says:

      01:45pm | 29/11/10

      Australian of the Year! You must be joking! He sees himself as some kind of hero/ rebel…....yeah, raise the Southern Cross flag…...remember the Eureka Stockade…..we stand against the evil lawmakers….we will overcome….“Want do we want? Everything! When do we want it? Now!” Give me a break! Union Thug of the Year, that’s his award!!

    • Brad of Bentleigh says:

      02:37pm | 29/11/10

      Geez, it’s getting even harder to take old Ged seriously these days, really reaching with this one.
      I reckon Ark was hard done by, but you certainly haven’t told the story in any way that reflects reality, or at very least, taken some poetic license (in the extreme).
      The simple fact was that this bloke was used by the union, as a pawn for their grubby political purposes. I’m certain he was a willing participant, and fully believed in his cause, but the union movement, and in particular, the ACTU are hypocritical in the extreme for using one individual in such a way. If he had done time, would the ACTU have been happy or sad? I can assure all that champaign corks would have been popping in Canberra that night, another reason to keep the demonising of Howard alive. Move on, folks, your ALP mates have not, and wil not disband this orgnaisation.

    • jane wallace says:

      06:13pm | 29/11/10

      Kristina Kenneally should be Australian of the Year

    • jf says:

      06:31pm | 29/11/10

      There seems to be a lot of conjecture about the facts here in relation to Ark’s relationship with the unions, who was pushing who’s barrow and so on.

      Either way, whilst I can see the reason that the ABCC might be necessary, However if they the powers claimed in this article, why hasn’t the current government done anything to limit those powers.

      They one comment I can confidently make is that if the unions were actually doing their job, the ABCC wouldn’t be necessary and, either way, this bloke wouldn’t have had to go through what he did.

      Unions are supposed to plan an important role in representing workers rights. Historically they have helped to equalise the relationship between workers and employers by giving their voice collective weight. These days they seem to simply take union fees and use them to support the ALP. Along the way they not only make their members a bit poorer but also provide them with very little effective representation.

      When you see union bosses retiring as wealthy men, it seems that unions may have become exactly the thing that they purport to fight against.

    • viola wilkins says:

      03:01pm | 30/11/10

      Julian Assange of Wikileaks has topped Ark Tribe’s great effort of standing up and saying NO WAY to the ABCC . JA and crew have stood up to the US Government and Military by exposing their own documents of the bloody war in Iraq and Afghanistan and has just exposed the diplomatic dirty tricks of the US and other dodgy regimes around the plundered and polluted planet.
      Next Wikileaks is exposing the Banksters in USA who not only caused the Great Financial Crisis but have profited from the bailouts since while the working poor have been exploited harder all around the planet and of course inside USA itself.  World Soccer cup corruption has just been exposed so Politics and Sport are imploding together.
      How great is JA’s effort that Politicians and Media spinners who serve the wealthy are so upset now that they try to shut down the site, stand over Iceland where Wikileaks is based, harass JA on trumped up sex-charges, put Bradley Manning in solitary cell and want him to serve 50 years for being a whistleblower.
      Julian Assange for Australian of the Year.

    • TLR says:

      08:56pm | 04/12/10

      There’s leaking then hiding, or there’s standing up, addressing the leaks the issues and fighting for what you know is right. In the mortal words of the great prophet Garrett: “it’s better to die on your feet than live on your knees”.

      An inspiring story in a climate when things are pretty tough. We like the name Ark Tribe as a surfbrand too - Ark, contact us and we’ll sign you up!

      The Surfwear Team - http://www.surfwear.com/

    • Dave Munro says:

      09:41am | 05/12/10

      It is quite incredible to read some of the false information that is flying from keyboards around the country. Read the facts people before you comment and do not be blinded by your dislike for unions. I am not a union member, I would not vote for the Labor party if you paid me, yet I was there at “Arks Park” on November 24 to support a bloke who was being done an injustice. I know Ark and am proud to do so, he is not a thug, he is any ordinary bloke put into an extraordinary position. I was having a beer with him after the decision was handed down when the ABC Midday News made a comment about Ark being a poster boy for the Union movement. I said to him that he had better start working on his abs for a calender. His only comment, “who would want my mug on their wall”. Pretty much sums us the ordinary bloke I know.

    • Ron Woods (ASU Workplace Delegate) says:

      09:44am | 10/12/10

      While the commonwealth should have abolished the ABCC, they needed support in the Senate, which was controlled by Howard’s cronies.  The ABCC found many employers who had broken laws, but chose to ignore them and attack only the workers and their unions.  There are adequate laws in place to deal with illegal activity in ALL workplaces.  There is no justification for significantly different laws in the construction (or any other) industry, particularly when those laws are used to attack workers who raise legitimate safety issues.  Good on you, Ark!!!

 

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