Latest news with #MarkIrving
The Australian
an hour ago
- Politics
- The Australian
High Court win paves way for CFMEU clean up
The High Court has dismissed a legal challenge to the federal government's takeover of the CFMEU's construction division, in a win for Labor and a major defeat for the union's sacked officials. In a unanimous decision, the court dismissed all the grounds for the challenge by the ousted CFMEU officials including that the administration legislation was unsupported by a head of commonwealth legislative power; infringed the implied freedom of political communication; and infringed the constitution. The decision clears the way for CFMEU administrator Mark Irving, KC, to take more decisive action to clean up the union. Mr Irving welcomed the court decision and what he called 'its rejection of the attack on the legitimacy of the administration'. '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.' Mr Irving had previously said the High Court challenge had frustrated his ability to get whistleblowers to come forward, as they feared ex-officials could be returned to power. '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,' he said on Wednesday. The construction division was forced into administration last year following damaging allegations about the union's links to organised crime and outlaw motorcycle gangs. Workplace Relations Minister Amanda Rishworth welcomed the High Court decision, reiterating that the government 'will not tolerate criminal behaviour, corruption or violence in the construction industry'. '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,' Ms Rishworth said. Construction workers deserve a union free from criminality, corruption and violence. She said Mr Irving and his team could now move forward with confidence and continue their essential work in cleaning up the construction and general division. '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,' she said. Master Builders Australia chief executive Denita Wawn said the court decision 'clears the path for long-overdue cultural reform in the building and construction industry'. 'This ruling is a victory for every builder, subcontractor, apprentice, and business that has suffered under a culture of intimidation, coercion, and disregard for the rule of law,' she said 'The appointment of an independent administrator to the CFMEU is a crucial step in restoring integrity to the construction industry but it must not stop there. 'This is the opportunity to implement deep, structural reform to permanently rid the industry of criminality and corruption,' Ms Wawn said. She said Master Builders commended the government 'for its resolve in standing up for the rule of law and pushing through the administration legislation in the face of vocal opposition'. 'We acknowledge the leadership and political bravery of the Federal Government in pursuing this course of action,' she said. 'It takes courage to confront a culture as entrenched as the one exposed in our industry, and we commend the Government for not backing down. This decision sends a strong message that no one is above the law, and that reform in construction is not negotiable.' Civil Contractors Federation national chief executive Nicholas Proud said the court decision was a 'welcome relief for contractors, who can now focus on their core business without the looming threat of bullying and intimidation'. 'This decision reinforces the importance of upholding compliance and fairness within enterprise agreements, providing contractors with much-needed certainty and stability,' he said. 'For many in the industry, this outcome is a chance to move forward with confidence, free from the distractions of protracted legal disputes. The CCF will continue to work closely with members to ensure they are supported in leveraging this clarity to secure strong and equitable agreements that underpin long-term growth.' Nation Three Australians have been arrested over the slaying of Melbourne man Zivan Radmanovic — with details of how they allegedly tried to evade capture released. Nation Colin Mandy SC has questioned the timing of when Erin Patterson lied to her lunch guests about needing treatment for ovarian cancer, and has suggested the accused mushroom killer was 'genuinely worried about her health'.
The Age
3 hours ago
- Politics
- The Age
Ousted CFMEU leaders lose High Court challenge to take back union
Former CFMEU leaders have lost their High Court challenge against federal Labor's takeover of the scandal-plagued building union. The High Court threw out the case on Wednesday in a unanimous decision that rejected former union officials' attempt to wrest back control from a government-appointed administrator who stepped in to clean up the union last year. The government passed laws to oust most of the union's leadership after the Building Bad investigation by this masthead, The Australian Financial Review and 60 Minutes last year reported allegations of corruption and infiltration by bikie gangs. The court's decision to uphold the government's forced take-over of the union will remove a roadblock for administrator Mark Irving, who had warned that the spectre of the CFMEU's former leaders returning to the organisation was hampering his efforts to reform it. Irving welcomed the court's decision on Wednesday, saying in a statement the 'attack on the legitimacy of the administration' was dismissed by the court. '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,' he said. Former Queensland CFMEU construction secretary Michael Ravbar, who has not been accused of wrongdoing, led the challenge and said members were disappointed, but they put up a good fight. '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,' he said. 'It took little more than spurious allegations broadcast on a tabloid current affairs program. That should be of deep concern to any trade unionist.'
Sydney Morning Herald
3 hours ago
- Politics
- Sydney Morning Herald
Ousted CFMEU leaders lose High Court challenge to take back union
Former CFMEU leaders have lost their High Court challenge against federal Labor's takeover of the scandal-plagued building union. The High Court threw out the case on Wednesday in a unanimous decision that rejected former union officials' attempt to wrest back control from a government-appointed administrator who stepped in to clean up the union last year. The government passed laws to oust most of the union's leadership after the Building Bad investigation by this masthead, The Australian Financial Review and 60 Minutes last year reported allegations of corruption and infiltration by bikie gangs. The court's decision to uphold the government's forced take-over of the union will remove a roadblock for administrator Mark Irving, who had warned that the spectre of the CFMEU's former leaders returning to the organisation was hampering his efforts to reform it. Irving welcomed the court's decision on Wednesday, saying in a statement the 'attack on the legitimacy of the administration' was dismissed by the court. '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,' he said. Former Queensland CFMEU construction secretary Michael Ravbar, who has not been accused of wrongdoing, led the challenge and said members were disappointed, but they put up a good fight. '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,' he said. 'It took little more than spurious allegations broadcast on a tabloid current affairs program. That should be of deep concern to any trade unionist.'
Yahoo
5 hours ago
- Politics
- Yahoo
High Court dismisses CFMEU challenge to govt takeover
The CFMEU has failed to overturn the Albanese government's move to force the union's construction division into administration in the High Court. The federal government intervened in August 2024, following claims of bikie and organised crime figures infiltrating the scandal-riddled union, in addition to other serious criminal activity. Controversial leader John Setka claimed the allegations against the union were false, but said he would step down to stop the intense media coverage. Former CFMEU officials challenged the government's legislation that removed the union's leadership and placed it under the control of administrator Mark Irving KC. The plaintiffs, sacked CFMEU officials Michael Ravbar and William Lowth, argued the law was invalid on four grounds, including that it breached their implied freedom of political communication. The full bench of the High Court found all four arguments were unfounded. Victoria Police last September said Setka wouldn't face criminal charges over visits to government work sites, after it looked into 20 allegations of "potential criminal activity". Criminal infiltration and corruption of the construction industry was revealed in Mr Irving's first report as remaining "an area in which much work still needs to be done". Previous workplace relations minister Murray Watt credited Mr Irving and his team for uncovering the "unacceptable conduct". He later referred further allegations, aired by 60 Minutes, to police for investigation. The government labelled vision of a woman being bashed by a bikie-linked health and safety representative as "horrifying". CFMEU national secretary Zach Smith told staff in May he would step away from his role, but would continue to lead the Victorian branch. A damning interim report by lawyer Geoffrey Watson SC said "lawlessness" in the union's construction arm was widespread. Further investigations to identify instances when Victorian branch officials had engaged in or been subject to threatening, violent or abusive conduct were among the seven recommendations he made. All were accepted by the administrator. The government's legislation allows the CFMEU to remain in administration for up to five years and officials that frustrate or obstruct the process face hefty penalties. Industrial Relations Minister Amanda Rishworth said the government would not tolerate criminal behaviour, corruption or violence in the construction industry. "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," she said in a statement. "Construction workers deserve a union free from criminality, corruption and violence. "The administrator and his team can now move forward with confidence and continue their essential work in cleaning up the Construction and General Division of the CFMEU." Master Builders Australia chief executive Denita Wawn said the ruling gave the construction industry and the administrator the certainty they needed to clean up the union.
ABC News
5 hours ago
- Politics
- ABC News
CFMEU loses High Court bid to overturn federal government takeover, putting it into administration
The CFMEU has lost a High Court challenge to changes to the Fair Work Act which forced the construction arm of the union into administration. The takeover was announced in August last year with immediate effect, removing 270 union officers, mostly from volunteer positions, and 11 from paid jobs after allegations were raised about bullying, corruption, and criminal infiltration. The union went straight to the High Court claiming the law which allowed for the administration was unconstitutional, that it infringed on the implied freedom of political communication, and was an acquisition of property on other than just terms. Today in a unanimous decision, the High Court threw out the case, clearing the way for the administration to continue. The changes to the law came after allegations were aired in July last year that outlaw motorcycle gangs had infiltrated the union's branches. Media reports alleged bikies had been appointed as delegates on major projects, amid wider claims of bullying, intimidation, and corrupt conduct. Weeks later the Fair Work Commission applied to the Federal Court to put the union in administration. In the meantime, the federal government said if the union fought the administration, it would introduce the new laws adjusting the Fair Work Act, which it did. Victorian barrister Mark Irving KC was appointed as administrator. In his first report to parliament in February, he said the High Court challenge had disrupted the process.
