It used to be illegal to be a trade unionist in Australia. Forming a union was engaging in a criminal conspiracy, joining meant taking an “illegal oath”. Then, workers’ organisations were unlawful combinations for the restraint of trade. That was the deep dark past, though, more than a century ago. Not today.

It’s not even a little bit illegal to be a trade unionist today. Except if you go on strike. It’s often illegal then. Sometimes, when the union comes to talk to you at work, they call it trespass; that’s probably the other time when it’s illegal. Most of the time, though, it’s definitely not.

Except if you pressure the bosses to do something they don’t want to; then it can be coercion, so again, probably illegal. Also, if the union asks your boss to increase your wages, they call it extortion, so that looks to be out as well. If you work in construction, there are special police and investigators to interrogate what you do in your union, but that’s just in one industry. Other than a handful of exceptions, it’s not illegal to be a trade unionist in Australia any more.

Currently caught out by one of the apparent gaps in legality is construction union organiser John Lomax, who was arrested in Canberra by federal police on 24 July. Lomax was detained, questioned without a lawyer and charged with blackmail. Which means, according to the ACT criminal code, that he made an “unwarranted demand with menace”.

CFMEU national construction secretary Dave Noonan says, “Lomax was told by police that he was accused of forcing an employer to enter into an EBA and that as a result the employer suffered financial loss due to paying higher wages”.

The employer is painting subcontractor Nel Trading Pty Ltd, run by Woong-Yul Park. Lomax’s charge sheet reads: “due to being tied to EA-mandated wages, the lowest [Park] can pay his workers is $26 an hour”. Park has told police he much prefers paying his workers $17 an hour. He’s not happy with the enterprise agreement he signed, which requires him to pay $26 an hour, the industry standard. Ipso facto, police allege, Lomax has blackmailed Park.

If found guilty, Lomax faces 14 years in prison or a $238,000 fine, or both. It used to be illegal to be a trade unionist in Australia, not today.