Breaking Down the CFMEU Administration Bill 2024
The Fair Work (Registered Organisations) Amendment (Administration) Bill 2024 is a government-led assault on the autonomy of the CFMEU. By placing the union under control of an administrator, the bill strips away procedural fairness and hands sweeping powers to the government-appointed administrator. Here’s a detailed breakdown of the bill's consequences:
Section 177A – Fair Work Act
Any CFMEU official or delegate removed by the administrator cannot represent workers in enterprise bargaining for five years. These officials must obtain a certificate from the Fair Work Commission (FWC), but the FWC is prohibited from granting this for five years after the administrator's removal. This effectively bans removed CFMEU leaders from representing workers. Should they attempt to do so, they face fines up to $198,000, further silencing workers’ advocates.
Section 323A – Fair Work (Registered Organisations) Act
This section places the entire CFMEU’s Construction and General Division under the control of the administrator. The administration lasts for five years or until the administrator and the government minister agree to end it. During this time, the union loses its autonomy.
Section 323B – Powers of the Administrator
The administrator has the power to remove officers, declare offices vacant, suspend officials, and terminate employees. The administrator can alter union rules, expel members, and appoint new officials. This is effectively a dictatorship within the union, as the administrator holds complete control over its operations. Crucially, the bill explicitly states that the government is not required to follow the principles of natural justice, meaning the administrator can act without adhering to fair and proper legal processes.
Section 323J – Union to Pay Administration Costs
The costs of running the administration are paid directly by the CFMEU, meaning that union members, through their dues and donations, are forced to fund the administrator who is controlling their union. Members essentially pay for the removal of their own democratic rights.
Sections 323P & 323Q – Severe Penalties for Interference
The bill enforces heavy penalties for anyone attempting to interfere with the work of the administrator. Fines can reach $990,000, and individuals may face up to two years in prison. This extends to anyone helping or supporting actions that might prevent the administrator from doing their work, meaning rank-and-file union members are also at risk.
Impact on Workers’ Rights and Safety
The consequences for workers are far-reaching and dangerous. This legislation removes the ability of union officials to protect workers' interests, particularly in industries like construction where safety and representation are critical. In 2022 alone, over 1,000 workers died in construction-related accidents. Without strong union leadership, the safety, wages, and conditions of thousands of workers are under threat.
By stripping the CFMEU of its independence, this legislation effectively undermines the core of union democracy across the country, setting a precedent for government control over any union. This attack on the CFMEU opens the door for broader assaults on the rights of workers and their unions across Australia.
This bill is a clear attack on the democratic rights of union members and workers. It strips union leaders of their power, prevents fair representation, and removes the ability to fight for better safety standards, pay, and conditions. Now, more than ever, we need to stand united, organise, and resist this assault on our democratic and worker rights.