Role of CFMEU administrator

Published 3 October 2024

Mark Irving KC has been appointed as administrator of the Construction and General Division of the Construction, Forestry and Maritime Employees Union (CFMEU).

Understand the role of the CFMEU administrator and how to pass information on to the Fair Work Commission or to us.

On this page:

Construction and General Division under administration

The Construction and General Division (C&G Division) of the CFMEU was placed into administration on 23 August 2024 for a period of up to 5 years. This took effect after the Attorney-General, the Hon Mark Dreyfus KC MP, made a determination to establish a scheme for the administration.

Mark Irving KC

Mark Irving KC has been appointed as administrator. An administrator is a person appointed to manage the financial, legal and business affairs of an organisation or business.

Mr Irving KC is a barrister specialising in employment, industrial and anti-discrimination law. He has worked for unions and their members, individual workers, employers, employer organisations and regulators.

Access a biography of Mr Irving KC at: Fair Work Commission – Biography: Mark Irving KC (PDF).

Powers of the administrator

Mr Irving KC has various powers, functions and responsibilities as administrator aimed at ensuring the C&G Division and its branches return to operating lawfully and effectively in the interests of its members. These include:

  • suspending, removing, expelling or disqualifying members or office holders
  • undertaking investigations into current and past practices of the CFMEU, including conduct of current and former officers, officials, delegates and employees
  • terminating the employment of employees
  • exercising powers of offices in the CFMEU C&G Division, including the power to exercise voting rights attached to those offices in the CFMEU C&G Division and acting in the best interests of the CFMEU
  • referring the conduct of current or former officers, officials, shop-stewards, delegates or employees to Commonwealth, state or territory government bodies
  • complying with any obligations to cooperate with any inquiry into conduct of the CFMEU, or officers, employees or former officers or employees, being undertaken by any law enforcement agency or regulator (including us or the Commission).

The administrator has established a publicly available complaints procedure for reporting complaints against current or former employees, delegates, officers or members of the C&G Division. Visit CFMEU Speak Safely.

The administrator may refer these complaints to a law enforcement agency or regulator. This may include us (the Fair Work Ombudsman) or the General Manager of the Commission.

Reporting concerns about the CFMEU

Anyone who wants to report concerns about the CFMEU can:

We will share any relevant information with Mr Irving KC as administrator or other appropriate regulator.

Report a concern to the Commission

The Commission is seeking information from those with knowledge of workplace non-compliance or misconduct by CFMEU C&G Division officials or representatives.

The Fair Work Commission (the Commission) is the national workplace relations tribunal and registered organisations regulator (including unions).

To make a report, you can:

Information about protections that are available to some categories of people who come forward with a report about the CFMEU C&G Division is available on the Commission’s website. Go to Report a concern about the CFMEU.

Contact us (the Fair Work Ombudsman)

Reports about the CFMEU can also be made to us (the Fair Work Ombudsman).

Our role is to help provide advice and assistance on workplace rights and obligations. We also enforce compliance with the Fair Work Act, related legislation, awards and registered agreements.

Anyone with concerns about the CFMEU and breaches of workplaces rights or responsibilities can:

You can also send us an anonymous tip-off if you want to stay unidentified: Report a workplace issue anonymously.

Existing arrangements

The CFMEU C&G Division continues to represent the interests of its members in workplace matters. The workplace rights and privileges of the C&G Division, its branches, officers, organisers, delegates and employees remain unchanged by the scheme of administration.

Coverage

The CFMEU C&G Division continues to have the same rights to represent the industrial interests of the classes or groups of employees it did prior to administration.

Right of entry

Officials of the CFMEU C&G Division who hold a valid Fair Work entry permit can exercise their right to enter workplaces to meet with employees they’re entitled to represent and to investigate suspected contraventions of the Fair Work Act.

The Commission has a free database you can search of all current entry permit holders. Access it at Find an entry permit.

Visit Right of entry to learn more.

Bargaining

The CFMEU C&G Division is the default bargaining representative for members. The CFMEU C&G Division can give notice to be covered by enterprise agreements where it was a bargaining representative for the agreement.

A C&G Division officer, employee or delegate who was removed, or is suspended from their position, can’t act as a bargaining representative unless they have been issued a certificate to be a bargaining representative by the Commission.

Protected and unprotected industrial action

The CFMEU C&G Division can still apply to take protected industrial action.

The rules about payment during industrial action haven’t changed. We can investigate reports of unprotected industrial action.

For more information, visit Industrial action and protests.

General protections

All employees (including future employees) and contractors are free to join or not join a union and participate in industrial activities (or not). It’s unlawful for a person to take adverse action against another person including:

  • because of these rights
  • to misrepresent these rights, or
  • to coerce another person to exercise these rights.

Access our Protections at work page to find out more.

Tools and resources

Related information