s.323MD RO Act - Application for the FWC to grant a certificate to be employed or engaged by an organisation

Application by Ms Rosalind Read for a certificate under s 323MD of the RO Act - satisfied that fit and proper person - certificate issued.

• [1] On 19 November 2025, Ms Rosalind Read made an application to the Fair Work Commission under s 323MD of the Fair Work (Registered Organisations) Act 2009 (Cth) for a certificate to be employed or engaged by an organisation.

• [2] Vice President Gibian has explained the legislative history and context relevant to s 323MD of the RO Act in a number of decisions.[1] I agree with those observations.

• [3] Ms Read has worked as an industrial officer and legal officer in different parts of the Construction, Forestry and Maritime Employees Union since 2006. At the time of her dismissal on 10 November 2025, Ms Read was employed by the CFMEU, Construction & General Division, ACT Divisional Branch, as the Senior Legal Officer for the Branch.

• [4] Ms Read was dismissed by the CFMEU because she was not willing to sign a Statement of Expectations provided by the Administrator of the CFMEU Construction & General Division. Ms Read proposed amendments to the Statement of Expectations. The Administrator was not prepared to accept those amendments. In the result, Ms Read was dismissed for refusing to sign the Statement of Expectations.

• [5] Ms Read is a solicitor, admitted in the Supreme Court of New South Wales, and was the holder of an ACT in-house practicing certificate during her employment with the CFMEU. Ms Read says that she has met and continues to meet the standards of fitness and good character necessary to practice law.

• [6] Ms Read is not, and has not been during the period of her employment with the CFMEU, the subject of any allegations in relation to:

(a) conduct of the kind which gave rise to the Administration of the CFMEU Construction & General Division; or

(b) conduct of the kind identified in s 141(1)(c) of the RO Act.

• [7] Ms Read has never been convicted of an offence.

• [8] Ms Read has never been found to have contravened the Fair Work Act 2009 (Cth) or any other industrial legislation.

• [9] For the purposes of s 323MD(3) of the RO Act, Ms Read has not been:

(a) disqualified under a scheme determined under subsection 323B(1) of the RO Act; or

(b) convicted of a prescribed offence for the purposes of s 215 of the RO Act and as such is not ineligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1) of the RO Act.

• [10] Therefore, s 323MD(3) of the RO Act does not operate to prohibit the granting of a certificate to the Ms Read.

• [11] The Fair Work Ombudsman and Administrator of the CFMEU Construction & General Division were given an opportunity to be heard in relation to the application by Ms Read for a certificate under s 323MD of the RO Act. Neither took up that opportunity.

• [12] There is no material before the Commission to suggest that Ms Read is not a fit and proper person to be employed or engaged by organisation.

• [13] Having regard to all the circumstances, I am satisfied that Ms Read is a fit and proper person to be employed or engaged by an organisation for the purposes of s 323MD(2) and that it is otherwise appropriate to grant Ms Read a certificate under s 323MD(1) of the RO Act. The Commission is not prohibited from granting a certificate by s 323MD(3) as Ms Read is not disqualified under a relevant scheme, nor is she ineligible from holding office under s 215(1) of the RO Act.

• [14] A certificate will be issued concurrently with this decision.

[1] See, for example, Application by Nigel Davies [2025] FWC 1363 at [3]

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