High Court challenge to CFMEU administration

Sacked CFMEU bosses have taken their plight to the High Court, lodging a challenge to the union’s forced administration, saying it is unconstitutional.

But the Federal Government, which rushed through laws to force the construction arm of all branches of the Construction, Forestry and Maritime Employees Union into administration, has dismissed the challenge as an expected move.

Action against the union followed media reports alleging bullying, intimidation and criminal behaviour by some CFMEU officials.

A number of Labor governments acted swiftly to suspend the party’s affiliation with the construction division of the union and to expel some members.

The union’s former Victorian secretary, John Setka, stepped down from the role in July. He was expelled from the Labor Party in 2019.

All branches of the union were forced into administration late last month (August) at the direction of Federal Attorney-General Mark Dreyfus, who appointed Melbourne lawyer Mark Irving as the union’s administrator.

“I have decided it is in the public interest, having regard to the parliament’s intention in enacting the Fair Work (Registered Organisations) Act 2009, to place the Construction and General Division of the Construction, Forestry and Maritime Employees Union and all of its branches – including the WA and ACT branches – into administration,” the Attorney-General said.

“I have determined a written scheme of administration, and the general manager of the Fair Work Commission has appointed Mr Mark Irving KC as the administrator. I have also contacted Mr Irving to notify him of his appointment.

“The scheme of administration of the Construction and General Division of the CFMEU takes effect immediately.

“I have made this decision under section 323B of the Fair Work (Registered Organisations) Act 2009, having been authorised to do so by the Minister for Employment and Workplace Relations [Murray Watt].”

The action sparked protest rallies in the tens of thousands around the country expressing support for the CFMEU’s rank-and-file membership.

On Tuesday (3 September), former CFMEU national president Jade Ingham announced that a High Court challenge had been filed and that a crowdfunding campaign had been launched to help fund it.

“The most important people in this are the members of the CFMEU whose voices have been excluded,” he said.

“Members are furious about their union being taken away from them. Their union has been stolen from them.

“This is active treachery and class warfare against the working class in this country from the state and federal governments.

“Union bashing never worked for the Tories, so why did Labor think it would work for them? CFMEU members will have their voices heard.”

Speaking from Brisbane, Mr Ingham said numerous other unions have already pledged financial support.

“There is significant money that’s pouring in, and not just money, but support as well,” he said.

“They understand that this is not just about the CFMEU unit.

“This is a very dangerous precedent to set, and what the Labor Party have done is given a blueprint to the conservatives of this country to attack trade unions.”

The challenge was lodged by the CFMEU’s former Queensland secretary, Michael Ravbar, with Sydney silk Bret Walker SC to head a team of barristers on the case.

But Anthony Albanese, who, while still opposition leader, had Mr Setka kicked out of the Labor Party, says the challenge was expected.

“Surprise, surprise. John Setka took our entire national executive to court over him being expelled from the Labor Party,” the Prime Minister said.

“That’s fully expected. We will stand by our position and the government’s position will be defended.”

When announcing the legislation to force an administrator in the union, Mr Watt said the bill was designed to withstand a legal challenge from the bosses who were stood down.