Former CFMEU boss Michael Ravbar loses high court appeal over forced administration

The state government says the loss of a High Court appeal by former union boss Michael Ravbar validates its decision to pause the ‘CFMEU tax’ in Queensland.

Former CFMEU boss Michael Ravbar has slammed the result. File picture: Steve Pohlner

Former CFMEU boss Michael Ravbar has lost a High Court appeal to overturn the forced administration of the militant union following an eight month legal challenge.

The decision was slammed by Mr Ravbar, but celebrated by the state government, with a statement saying the decision had validated pausing BPIC on state infrastructure projects.

Mr Ravbar and fellow union delegate William Lowth in September launched legal action to overturn the administration of the CFMEU’s Construction and General Division and its state branches, including Queensland, arguing it had been illegitimately enforced by the federal government through the Fair Work Commission.

Mr Ravbar argued that the government did not hold the correct power and had breached constitutional rules when appointing administrator Mark Irving KC and removing CFMEU leaders from their positions.

The federal government on August 20, 2024 passed legislation granting the Commonwealth sweeping powers to place the CFMEU under government-appointed administration for up to five years.

Approximately 270 union officials across Australia, including high-profile Queensland figures Ravbar, Jade Ingham and Royce Kupsch, were removed.

In a statement issued Wednesday morning, the High Court determined that the administration was legally established.

“The Administrator has and will continue to have power of control, management and disposition of property of the CFMEU previously used solely or predominantly for the purposes of the construction and general division or any of its branches,” the statement said.

Michael Ravbar and Jade Ingham leading a union rally in Brisbane. Picture: David Clark

Mr Ravbar had also asked the court to determine whether the transfer of union assets and funding to the administrator amounted to an illegal acquisition without just compensation.

The High Court rejected all claims that the administration had restricted Mr Ravbar’s political freedom, that the federal government had improperly exercised powers or that it had taken over union property without compensation.

CFMEU administrator Mark Irving KC issued a statement welcoming the decision.

“The decision provides clarity and it paves the way for the greater systemic reforms necessary for the Union and across the industry,” he said.

“Along with the CFMEU, employers, regulators and governments all have a role to play in rooting out malignant and violent actors from the construction sector.

“The Administration is committed to returning the Union to the membership as a strong democratic, member-controlled Union, enduringly free of corruption and criminal influence as soon as possible.

“I thank the staff, delegates and members of the Union who have been committed to ensuring workers are safe and enjoy fair conditions.”

Mr Ravbar slammed the decision, saying it was disappointing and showed how “easy” it was for governments to interfere with unions.

“We’re obviously disappointed with the result,” he said.

“We put up a good fight with the principled support of our members, delegates, and a number of great unions. But the reality is, it’s incredibly difficult to overturn legislation like this.

“What this result does show, however, is just how easy it is for hostile governments in cahoots with the ACTU to interfere in the operations and running of democratically run unions. It took little more than spurious allegations broadcast on a tabloid current affairs program.

“That should be of deep concern to any trade unionist.”

The Queensland government has declared that the High Court decision “validated” its move to scrap Best Practice Industry Conditions on state infrastructure projects - dubbed the “CFMEU tax”.

In a statement attributed to Deputy Premier Jarrod Bleijie and Attorney-General Deb Frecklington, the government celebrated the court’s decision to uphold the administration.

“It also validates the decision by the Crisafulli Government to pause the use of Best Practice Industry Conditions for Industrial Relations on new government funded projects and reintroduce 24 hours’ right of entry notice powers,” the statement read.

The government said it would back workers over “CFMEU thugs”.

“Reflecting the decision today, the Crisafulli Government will continue to crack down on the CFMEU’s lawlessness, violence and aggression to ensure workers and employers are safe, and that building sites are productive as we deliver our record infrastructure pipeline.”

Originally published as Former CFMEU boss Michael Ravbar loses high court appeal over forced administration