FWO probe into CFMEU’s ‘no ticket, no start’ text message

The Fair Work Ombudsman is investigating the CFMEU’s construction division over a text message sent to shop stewards, seeking to enforce the unlawful practice of ‘no ticket, no start’ on building sites.

Ewin Hannan and Janet Albrechtsen

Fair Work Ombudsman Anna Booth is probing the CFMEU over a ‘no ticket, no start’ text sent to members. Picture: NewsWire / Martin Ollman

4 min read

9:30PMApril 24, 2025

The Fair Work Ombudsman is investigating the CFMEU’s construction division over a text message sent to shop stewards after the union was put into administration seeking to enforce the unlawful practice of “no ticket, no start” on building sites.

News of the workplace regulator’s probe comes as left-wing unions prepare to use a May Day rally in Sydney two days before the federal election to voice their anger at the Albanese government for putting the CFMEU’s construction division into administration.

For the first time in its history, the Electrical Trades Union nationally, in protest at the CFMEU takeover, is not advocating a vote for the ALP at the May 3 election, telling members they should “vote for who they want to vote for” but put Peter Dutton and the Coalition last.

The CFMEU administration told CFMEU members on Thursday that the union was not authorising a stoppage on May 1 and “there is nothing in your EBA which allows you to stop work to attend an event on May Day in working hours”.

“If you happen to want to have the 1st of May off you will need to organise with your employer to take authorised leave,” it said.

ETU NSW secretary Allen Hicks said the rally, which will include maritime workers walking off Sydney wharves, was “first and foremost” a May Day rally celebrating the international day of the worker, but he was sure that when there were speeches “both the federal government and the state government won’t be missed in regards to their handling of the CFMEU”.

“The administrator will do what the administrator chooses to do but if people elect to take RDOs, annual leave, leave without pay to attend the May Day rally then that’s up to them,” Mr Hicks said. “The administrator should stay the f..k out of it, to be blunt.”

The FWO on Thursday revealed its investigation into the text message that was sent out by the CFMEU to shop stewards last October, months after the division was put into administration. The text message, a copy of which has been obtained by The Australian, expressed concern that the union was losing members and told them to enforce “no ticket, no start” on construction sites

“Gentlemen, we’re starting to lose traction at 28.870 Financial (members) Could we make sure all membership compliance’s (sic) are handed in to Office by Tomorrow NO TICKET NO START”.

The sending of the text message was first reported in December by The Saturday Paper, which said it was sent by the union’s national secretary, Zach Smith. But Mr Irving has told the FWO that Mr Smith did not send the text message, and Mr Smith’s name was not on the text.

The Australian has obtained correspondence from the FWO to Mr Irving after the regulator sent notices to the union to produce documents relevant to its investigation. In seeking evidence about whether Mr Smith sent the text message, the FWO has sought “telephone bills, email signature template and entries in corporate directories or address books which record or contain any mobile telephone number/s for, or used by, Mr Smith” for just more than a three-month period.

In the April 15 letter, FWO inspector Natalie May noted that Mr Irving “expressed disappointment” that notices to produce documents had been issued instead of voluntarily seeking information from the CFMEU or Mr Smith.

Ms May informed Mr Irving that “where there are allegations of potentially serious or deliberate conduct that may contravene the FW Act” it may be appropriate for notices to be issued because “it is important that public confidence is maintained in the regulator”.

“We must be able to demonstrate that all appropriate steps to test the allegations have, in fact, been taken,” she said.

Ms May quoted Mr Irving as indicating concern that the request was “so wide as to be oppressive”. She asked Mr Smith to provide a statutory declaration that he did not send, cause to be sent, or have any knowledge of any messages that contained or included the phrase “no ticket no start” or “no ticket, no start”, and that he did not know who sent the message.

“The FWO will not make a decision regarding the outcome of the investigation while it remains ongoing,” she said.

“The FWO will consider the CFMEU and/or Mr Smith’s response to this correspondence as part of this open investigation.”

In a statement to The Australian on Thursday, an FWO spokesman said the regulator was “investigating the CFMEU in relation to the reported claims contained in The Saturday Paper on 7 December 2024”.

“Speaking generally, all employees and independent contractors have freedom of association, and are free to join or not join a union,” the spokesman said. “It’s illegal for a person to pressure another person about their choice to join or not join a union. Information is available on our website about protections at work.”

A spokesman for Mr Irving declined to comment given it was an ongoing investigation.

ETU national secretary Michael Wright said the union had decided not to advocate a vote for Labor in protest at the decision to put the CFMEU into administration.

But he said the union had spent $2m across 10 electorates campaigning against the Coalition’s nuclear policy and was advocating that members put the Liberals last on their ballot paper.

“Vote for whoever you want to vote for but put Dutton last,” Mr Wright said. “His nuclear plan is cooked. It doesn’t work. It doesn’t make sense. It will kill jobs.”

Union officials said many construction workers were expressing an intention to back the Greens over Labor as the minor party had opposed the CFMEU takeover

The ETU decided last year to withhold more than $1m in political donations to the ALP in protest at the CFMEU takeover. ETU Victorian secretary Troy Gray said building unions in Victoria were also refusing to advocate a vote for Labor while encouraging members to put the Coalition last.