The Civil Contractors Federation welcomes the appointment of Mr. Mark Irving KC as the independent administrator of the Construction and General Division of the CFMEU and its associated state branches.

CCF National CEO Nicholas Proud said: “This appointment marks a critical and long-awaited turning point in addressing the deeply ingrained culture of intimidation and coercion that has plagued civil construction sites across the nation.

“For too long, our members have operated under the shadow of these aggressive practices, which have stifled productivity, inflated costs, and created an environment of fear and uncertainty. The presence of an independent administrator of Mr. Irving’s calibre brings a renewed hope that the CFMEU can be steered back to its fundamental purpose—representing the legitimate interests of workers, rather than perpetuating a culture of hostility.

“The role of the administrator is not just procedural; it is pivotal in driving cultural change within the union. Mr. Irving has a massive and important responsibility to guide the CFMEU back to its core mission, ensuring that it genuinely serves the needs of its members and restores trust and respect within the industry. This is not merely about regulatory compliance; it is about re-establishing a culture of fairness, collaboration, and mutual respect on our worksites.

“For the members of the CCF, this development is a significant relief. It signals an opportunity to engage with the Fair Work Commission and other authorities without the looming fear of retribution or recrimination. It will ensure that Members can work again with confidence with union employees’ representatives in a collaborative manner to get on with building community enabling infrastructure and reconfiguring the settings to build the country out of the challenges we face today.”

Background

The CFMEU Construction and General Division is officially in administration in all states and territories in Australia, with 270 union officials removed from office immediately (none from WA) following the introduction of new laws last week. Click here to read the list of union officials removed from office (see Annexure B), as well as a list of those who maintain their position (see Annexure C).

Mark Irving KC has been appointed as the administrator, with broad powers.

Key aspects in the new laws include:

• Prevention of officers who no longer hold office from being bargaining representatives. The Fair Work Commission can issue a certificate allowing the former officer to be a bargaining representative should they satisfy criteria
• Powers of the Administrator:
• • Suspension or removal of officers
  • Termination of employees
  • Alteration of the rules
• The Administrator will be in place for a minimum of three years and a maximum of five years
• The Administrator must establish a complaints procedure for reporting complaints against current or former employees, delegates, officers or members of the CFMEU. The procedure must prevent the disclosure of the identity of the complainant, to anyone other than the person receiving the complaint.
• Removed persons must not become an officer or employee of a branch or organisation without a certificate from the Fair Work Commission. The Fair Work Commission must find they are a fit and proper person.
• The Administrator must report to Federal Parliament every six months.

While in administration, the CFMEU can continue to:

• Function as a union and represent employees
• Hold of right of entry permits
• Negotiate enterprise agreements

CCF Advocacy

CCF has been advocating at a national level, working very closely with both Senator the Hon Murray Watt, Minister for Employment and Workplace Relations and Murray Furlong, General Manager Fair Work Commission, as well as the Federal Opposition to get the new laws passed. CCF has compiled a list of asks for further legislative change. To see the one-page summary, click here.

Here in WA, we have again urged the State Government to reconsider the WA Best Practice Industry Conditions (WA BPIC) policy, which will impose mandatory CFMEU rates and conditions on its major projects.