"Lest it be said that, by discharging my duties under statute which I am bound to do by my oath of office and by law, I condone any of the conduct for which any of the applicant organisations or various of their officials have been held to account by the courts, nothing could be further from the truth," Mr Gostencnik said. "On no view can it be said that the conduct is acceptable and judicial officers have, particularly over recent years, been unanimous in the strong and unequivocal language used to describe and condemn some of the conduct." Federal Court judges have blasted the CFMEU's abusive conduct on construction sites and "deplorable" history of breaking workplace laws for which it has been fined millions of dollars. Employer groups on Tuesday said the creation of a super union "put the economy and jobs in jeopardy” and flagged they would appeal the merger decision. The federal government had hoped to block the merger with new laws that would impose a "public interest test" for union mergers - something that was scrapped by Labor.

Loading But the Ensuring Integrity Bill has stalled in the Senate, where it is opposed by Labor and the Greens. The government insisted the measures were not aimed at blocking this merger in particular, but the opposition and Greens believe they were. Workplace Minister Craig Laundy said under the current legal regime the Fair Work Comission "had no option" but to fix the merger date of March 27. "The government remains of the view that any proposed merger of registered organisations with significant economic power should be subjected to a public interest consideration in the same way that the merger of companies with significant economic power would be," he said. Mr Laundy said it was "not unreasonable" for the commission to ask if it was in the best interests of the country to have several law-breaking unions consolidate their power.

"It is now up to the union officials to work co-operatively and within the law to ensure the best interests of all its members and the country are represented under the new arrangements," Mr Laundy said. The new union will have over $310 million in assets and annual revenue of nearly $150 million, according to documents submitted to the court. Workplace Minister Craig Laundy said it was "not unreasonable" for the commission to ask if it was in the best interests of the country to have several law-breaking unions consolidate their power. Credit:Alex Ellinghausen 'Too much power' CFMEU national secretray Michael O’Connor said the new union - which will have 144,000 members - would be fighting to "restore the fair go" and would focus on turning the country around through a change of government.

"Business has too much power, we have record levels of inequality in our community, and working families are finding it hard to make ends meet," he said. “It’s time for big business to stop riding on the coat-tails of everyday working Australians, time the banks stopped ripping people off, and time for every business in this country to pay tax. Nearly 700 big corporations pay no tax, which is a national scandal. “We are absolutely committed to a change of government, to changing the rules to restore balance and fairness into our communities, and to growing our movement." 'Economy, jobs in jeopardy' But the Master Builders Association said the merger would "put the economy and jobs in jeopardy”.

"The creation of a militant 'super union' is a backwards step that will have far-reaching consequences for the construction industry and the community,” chief executive Denita Wawn said. “No government – Labor or Coalition – would allow a corporate merger which resulted in the formation of an entity with the capacity to shut down multiple supply chains and effectively hold the economy to ransom. But this is exactly what this decision will create." Master Builders CEO Denita Wawan said the merger would "put the economy and jobs in jeopardy”. 'Impending disaster' Resources and energy group the Australian Mines and Metals Association said it would continue to fight the Fair Work Commission's decision.

“AMMA, with the backing of the Master Builders Association, will be assessing our options to protect Australian industry and jobs, following today’s decision. We have no option but to do all we can to try and prevent this impending disaster for Australians,” AMMA director workplace relations, Amanda Mansini, said. It beggars belief that the intention of our workplace laws is to allow two unions with a history of law-breaking ... to merge. AMMA “AMMA and industry is highly concerned about the now imminent escalation of unlawful conduct which these unions, on their own public statements, have promised will result from this merger, from pit to port. “It beggars belief that the intention of our workplace laws is to allow two unions with a history of law-breaking and many outstanding proceedings to merge, fuelling their capacity for greater lawlessness." The Victoria International Container Terminal is currently suing both the CFMEU and the MUA for potentially more than $100 million over an alleged illegal waterfront picket line that blockaded a major container terminal at the Port of Melbourne for more than two weeks late last year.

'Important chapter' However, Michele O’Neil, Textile Clothing and Footwear Union of Australia National Secretary, said her union had a proud history of fighting for the rights of some of Australia’s lowest-paid and most exploited workers. Michele O’Neil, Textile Clothing and Footwear Union of Australia National Secretary, said her union had a proud history of fighting for the rights of some of Australia’s lowest-paid and most exploited workers. Credit:Claire Grigaut “The combined strength of the CFMEU, MUA and TCFUA in our new union will write a new chapter in Australia’s union movement. Ordinary workers now have a powerful new force for change on their side," she said. “Big business and the federal government should now get out of the way so we can get on with winning better pay, conditions, rights, and secure jobs for our members.”

International president of the new union, Paddy Crumlin, said the merger was an important chapter in the renewal of the union movement. “The failure of government to protect those workers from international and national tax avoidance, deregulation driven by corporate self-interest and elitism, and a continuous ideological attack on workers’ rights by many multinational corporations and service providers, means we will also be there globally with other working men and women similarly affected and mobilised,” he said. The new super union will hold its first meeting in Melbourne on Friday.