Ousted CFMEU officials lose High Court challenge against union’s administrator

Ousted CFMEU officials have lost a High Court challenge against the administrator appointed to the scandal-plagued union by the Albanese government, unshackling clean up efforts.

A High Court challenge to the CFMEU administrator appointed by the Albanese government has failed, paving the way for a further clean-up of the militant union.

Ex-CFMEU officials, backed by those aligned with the militant construction union, had launched the case last year, after they were turfed from elected positions and replaced by an administration led by Mark Irving, KC.

The government had made the bombshell move following reports the union had been infiltrated by bikies and underworld figures, with investigators later reporting that officials had “lost control”.

The full bench of the High Court on Wednesday unanimously rejected the arguments put forward by the former officials, which were led by former Queensland boss Michael Ravbar.

In doing do, it affirmed Mr Irving’s powers, which include having management over union finances for three years.

“The administrator has and will continue to have powers of control, management, and disposition of property of the CFMEU previously used solely or predominantly for the purposes of the C&G division or any of its branches,” the judgement says.

The CFMEU has lost its High Court challenge against Mark Irving. Picture: Alex Coppel

Mr Irving said the decision provides clarity for his team.

“I welcome the High Court decision and its rejection of the attack on the legitimacy of the administration,” he said in a statement.

“The decision provides clarity and it paves the way for the greater systemic reforms necessary for the union and across the industry.

“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.”

Federal Workplace Relations minister Amanda Rishworth said the government welcomed the High Court decision, saying the administrator and his team could now confidently continue their essential work in cleaning up the construction and general division of the CFMEU.

“We are committed to the administrator remaining in place until the job is done, and we will continue to provide him and his team with all necessary support as they undertake their challenging and crucial task,” Ms Rishworth said.

“We need to focus on shifting the culture in the construction industry and ensure the bad actors we have seen infiltrating this sector are kept out.”

CFMEU loses High Court bid to regain control of union. Picture: John Appleyard

Opposition industrial relations spokesman Tim Wilson said the Coalition was “relieved” by the decision but maintained the government needed to reintroduce the Australian Building and Construction Commission with increased powers to tackle the appalling behaviour on sites.

“When they abolished the ABCC, they gave the CFMEU effective control of the construction sector in Australia,” Mr Wilson said.

“This has caused chaos across the construction sector.

“The only sustainable way forward to protect Australians from violence, bullying and corruption and the costs it contributes to construction is to deregister the CFMEU entirely”.

Master Builders Association chief executive Denita Wawn said the decision was historic and provided certainty for Australia’s building and construction industry.

Ms Wawn said attention now needed to turn to the safety and wellbeing of workers to ensure everyone was playing by the book and bad actors were removed from the industry once and for all.

“We think more needs to be done around criminal activity, around competition law in terms of cartel-like behaviour,” she said.

“We need more whistle blowing support for those who do want to come forward, and we also need to ensure that we get on with building for this country.”

The Australian Constructors Association chief executive Jon Davies said the decision cleared the way for the administrator to take full control of the union and ensure the CFMEU and all its officers operate within the law.

“Workers should be respected for the work they do and be able to do it in a safe environment free from harassment, violence, intimidation and threat,” Mr Davies said.

“It is time to move past individual agendas and focus on collective progress. This ruling clears the way for that to happen.”

Originally published as Ousted CFMEU officials lose High Court challenge against union’s administrator