Fair Work (Registered Organisations) (CFMEU Construction and General Division Administration) Determination 2024

This Determination places the Construction and General Division of the CFMEU (the Administered Division) and specified divisional branches into a statutory administration under the Fair Work (Registered Organisations) Act 2009 (FWRO Act). The instrument is made by the Attorney‑General under s 323B(1) of the FWRO Act (see clause 3) and commences immediately after registration, recorded as 8.30 am (A.C.T.) 23 August 2024 (clause 2). The Determination identifies the scheme of administration at annexures A-C and names the person to be appointed Administrator for the scheme: Mark Irving KC (clause 2(1)). The Attorney‑General expressly states he is satisfied the administration is in the public interest having regard to Parliament’s intention in enacting the FWRO Act (clause 4). That statement is an asserted basis for the Determination; the instrument itself implements the resultant powers and constraints described below.

Mechanically, the Determination does the following (all citations are to clauses in Annexure A unless otherwise stated):

Vacates a defined list of offices in the Administered Division and the Administered Divisional Branches listed at Annexure B, with those offices remaining vacated for the duration of the administration (clause 3(1)(a); Annexure B). It also terminates, by operation of the Scheme, any employment or paid official position that exists solely by virtue of one of those vacated offices (clause 3(1)(b)).
Leaves certain offices unvacated: the positions listed in Annexure C are not vacated (clause 3(2)); the National Secretary and the Divisional Secretary of the Administered Division are also not vacated (clause 3(3)).
Confers on the Administrator the full powers and duties of the Divisional Conference, Divisional Executive and Divisional Branch Councils and Committees under the National Rules, Divisional Rules and the FWRO Act (clause 6(1)(a)-(c)). The Scheme operates notwithstanding any inconsistency with the National Rules or Divisional Rules (clause 4(1)).

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Commonwealth Coat of Arms of Australia

Fair Work (Registered Organisations) (CFMEU Construction and General Division Administration) Determination 2024

I, Mark Dreyfus KC, Attorney-General, make the following determination.

Dated 23 August 2024

Mark Dreyfus KC

Attorney-General

Contents

1 Name

2 Commencement

3 Authority

4 Determination

Annexure A—Scheme of Administration

1 Definitions

2 Person to be appointed administrator

3 Declaration that offices are vacant

4 Rules and Resolutions

5 Return of property

6 Powers, functions and duties of the Administrator

7 Offices that are not vacated by this Scheme

8 Engagements by the Administrator

9 Responsibilities of the Administrator

10 Written report to Minister

11 Complaints handling

12 Disciplinary action

13 Appointment of Special Purpose Auditor

14 Timing of elections of officers

15 Obligation to cooperate

16 Indemnification of Administrator

Annexure B

Construction and General Victoria-Tasmania Divisional Branch

Construction and General South Australian Divisional Branch

Construction and General New South Wales Divisional Branch

Construction and General Queensland-Northern Territory Divisional Branch

Construction and General Divisional Executive

Construction and General Divisional Trustees

Construction and General Divisional Conference

Annexure C

Construction and General Divisional Executive

Construction and General Divisional Conference

Construction and General Western Australia Divisional Branch

Construction and General ACT Divisional Branch

1 Name

This instrument is the Fair Work (Registered Organisations) (CFMEU Construction and General Division Administration) Determination 2024.

2 Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument. Immediately after this instrument is registered. 8.30 am (A.C.T.) 23 August 2024

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Column 3 of the table is for additional information that is not part of this instrument. This information may be included in any published version of this instrument.

3 Authority

This instrument is made under section 323B(1) of the FWRO Act.

4 Determination

On the basis that I am satisfied that, having regard to the Parliament’s intention in enacting the FWRO Act (as referred to in section 5 of the FWRO Act), it is in the public interest for the Construction and General Division of the registered organisation named, as at 2 December 2023, as the Construction, Forestry and Maritime Employees Union and its branches, to be placed under administration, I hereby determine the scheme for administration set out in Annexures A, B and C.

Annexure A—Scheme of Administration

1 Definitions

In this instrument:

ACT Divisional Branch means the Construction and General Division, Australian Capital Territory Divisional Branch

Administered Division means the Construction and General Division

Administered Divisional Branches means collectively each of the Divisional Branches of the Construction and General Division

Administrator means the person appointed by the General Manager in accordance with section 323C of the FWRO Act

CFMEU has the meaning given by clause 1 of Schedule 3 of the FWRO Act

Construction and General Division has the same meaning as in the FWRO Act and means the Construction and General Division as defined in the rules of the CFMEU at the commencement of section 323A

Determination means the Fair Work (Registered Organisations) (CFMEU Construction and General Division Administration) Determination 2024

Divisional Branch Council means a Divisional Branch Council constituted under rule 40 of the Divisional Rules

Divisional Branch Trustee has the same meaning as in rule 45 of the Divisional Rules

Divisional Branches means collectively each of the Vic-Tas Divisional Branch, SA Divisional Branch, NSW Divisional Branch, Qld NT Divisional Branch, WA Divisional Branch and ACT Divisional Branch

Divisional Conference means the Divisional Conference constituted under rule 8 of the Divisional Rules

Divisional Executive means the Divisional Executive constituted under rule 9 of the Divisional Rules

Divisional Rules means the rules of the CFMEU Construction and General Division and Construction and General Divisional Branches as certified under section 161 of the FWRO Act

Divisional Trustee has the same meaning as in rule 13 of the Divisional Rules

FW Act means the Fair Work Act 2009

FWRO Act means the Fair Work (Registered Organisations) Act 2009

General Manager means the person appointed to the office of General Manager of the Fair Work Commission under section 660 of the FW Act from time to time

National Collegiate has the same meaning as in the National Rules

National Rules means the rules of the CFMEU as certified under section 161 of the FWRO Act

NSW Divisional Branch means the Construction and General Division, New South Wales Divisional Branch

Qld NT Divisional Branch means the Construction and General Division, Queensland Northern Territory Divisional Branch

SA Divisional Branch means the Construction and General Division, South Australia Divisional Branch

Scheme means the scheme provided for at Annexures A, B and C

Special Purpose Auditor means any independent auditor appointed by the Administrator pursuant to clause 13 of this Determination

Vic-Tas Divisional Branch means the Construction and General Division, Victoria-Tasmania Divisional Branch

WA Divisional Branch means the Construction and General Division, Western Australia Divisional Branch

Except where otherwise provided, words in this Scheme have the same meaning as in the FWRO Act.

2 Person to be appointed administrator

(1) For the purposes of paragraph 323B(3)(a) of the FWRO Act, the person who is to be appointed as the administrator of the scheme under section 323C is Mark Irving KC.

(2) The General Manager may terminate the appointment of the Administrator if the Administrator is proven to be unable to perform the duties of Administrator because of incapacity, misbehaviour, or the Administrator advises the General Manager, in writing, that he resigns from the appointment.

(3) As soon as practicable after the General Manager terminates the appointment of the Administrator under subclause 2(2), the General Manager must, in writing, appoint another person to be the Administrator of this Scheme. The General Manager must be satisfied that the person is qualified for appointment, having regard to the person’s knowledge and experience.

3 Declaration that offices are vacant

(1) On the appointment of the Administrator pursuant to subsection 323C(1) of the FWRO Act:

(a) all offices in the Administered Division and Administered Divisional Branches identified in Annexure B, including the offices of members of the Divisional Executive, Divisional Conference, Divisional Trustees, Divisional Branch Committee of Management, Divisional Branch Council and Divisional Branch Trustees, are vacated and will remain vacated for the duration of the administration.

(b) to the extent that any person is an employee or paid official of the CFMEU by reason of that person holding an office vacated as a result of subclause (3)(1)(a), that employment or paid position is terminated with effect from the date of commencement of the Administration by operation of this Scheme.

(c) subclause (3)(1)(a) does not affect the continued employment of a person (including organisers) who is not employed or a paid official by reason of that person holding an office vacated as a result of subclause (3)(1)(a).

(d) during the period of the administration as it relates to each Administered Divisional Branch respectively, the Divisional Branch Council of that Administered Divisional Branch must not meet or exercise any powers under the National Rules or the Divisional Rules.

(e) during the period of the administration as it relates to the Administered Division, the Divisional Conference of the Administered Division must not meet or exercise any powers under the National Rules or the Divisional Rules.

(f) during the period of administration as it relates to the Administered Division and each Administered Divisional Branch, the holder(s) of any office within the Administered Division and Administered Divisional Branches not declared vacant under subclause (3)(1)(a) shall be temporarily divested of each of their powers under the National Rules and the Divisional Rules while the administration is continuing in respect of that part of the CFMEU or until otherwise agreed by the Administrator.

(2) For the avoidance of doubt, the offices identified at Annexure C are not vacated by this Scheme.

(3) Notwithstanding anything in this Scheme, the National Rules, and/or the Divisional Rules of the CFMEU, the positions of the National Secretary and the Divisional Secretary of the Administered Division are not vacated by this Scheme

(4) As soon as reasonably practicable, the Administrator will write to vacated officer-holders listed in Annexure B to inform them of the vacation of their office and their obligations under this Scheme.

(5) As soon as reasonably practicable, the Administrator will write to persons whose offices listed in Annexure C are not vacated in accordance with subclause (3)(1)(a) and notify them of the effect of this Scheme on their office.

4 Rules and Resolutions

(1) For the avoidance of doubt, and in accordance with section 323F of the FWRO Act, this Scheme and any action or power exercised by the Administrator under this Scheme operates notwithstanding anything in the National Rules or Divisional Rules, and prevails to the extent of any inconsistency with the National Rules or Divisional Rules.

(2) Where an alteration of the Divisional Rules cannot be made in accordance with the FWRO Act (other than Part 2A) because of the administration, the Administrator may alter the Divisional Rules, including to make new Divisional Rules or delete Divisional Rules, and must consult with the committee of management (as defined in the FWRO Act) of any part of the CFMEU, that is not the Administered Division or an Administered Divisional Branch, if it is affected by that alteration. The Administrator must undertake any alterations to the rules in accordance with section 323H of the FWRO Act.

(3) Until further determination, Schedule 1 of the Divisional Rules does not take effect.

(4) During the period of the administration of the Administered Division or any Administered Divisional Branch, any resolution made prior to the commencement of the Administration, by the Divisional Executive, the Divisional Conference, a Divisional Branch Committee of Management of an Administered Divisional Branch, or a Divisional Branch Council of an Administered Divisional Branch, empowering any person to exercise powers, functions or duties of an officer of the Administered Division or an Administered Divisional Branch, does not have effect.

5 Return of property

(1) Within seven days of the appointment of the Administrator pursuant to section 323C of the FWRO Act, those persons whose offices are vacated as a result of subclause 3(1)(a) must:

(a) return to the Administrator, or person nominated by the Administrator, all property (including without limitation cars, building/security passes, credit cards, devices such as mobile phones and laptops, passwords or other access requirements for email accounts, social media accounts or other communication channels) of the CFMEU, the Administered Division or any of the Administered Divisional Branches, as the case may be, in their possession, custody, power or control;

(b) effect to have transferred into the name of the Administrator any property held by that person on trust for or on behalf of the CFMEU, the Administered Division or an Administered Divisional Branch; and

(c) deliver up to the Administrator, or person nominated by the Administrator, any documents, whether hard copy, electronic or otherwise, relating to the affairs of the CFMEU, Administered Division, an Administered Divisional Branch, or any association related to the CFMEU registered or recognised under a State or Territory industrial law with the same or substantially the same members as the CFMEU in the State or Territory in which it is registered or recognised, as are in their possession, custody, power or control.

(2) Within seven days of the commencement of the Administration, the Divisional Branch Secretaries of the Administered Divisional Branches, as identified in Annexure B and Annexure C, are required to provide to the Administrator, or person nominated by the Administrator, a list of all members and delegates of their Administered Divisional Branch (however described) including current residential and postal addresses, telephone and mobile numbers, and email addresses in their possession, custody, power or control.

6 Powers, functions and duties of the Administrator

(1) The Administrator:

(a) has and may exercise all of the powers and duties of the Divisional Conference and the Divisional Executive as are conferred on those bodies under the National Rules and the Divisional Rules, and the FWRO Act;

(b) has and may exercise all of the powers and duties of the Divisional Branch Council and Divisional Branch Management Committee of each of the Administered Divisional Branches as are conferred on those bodies under the National Rules and the Divisional Rules, and the FWRO Act;

(c) has all of the powers and duties of all offices in the Administered Division and the Administered Divisional Branches under the National Rules and the Divisional Rules, and the FWRO Act, including the power to exercise voting rights attaching to such offices in decision-making bodies of the CFMEU and the Administered Division;

(d) has the power, without limiting anything in this Scheme, to appoint one or more persons as Divisional Trustee of the Administered Division, and/or as Divisional Branch Trustee of an Administered Divisional Branch, and at or after the time of such appointment to transfer into the name of that person any property held by the Administrator on trust for or on behalf of the CFMEU, the Administered Division or an Administered Divisional Branch;

(e) has the power, without limiting anything in this Scheme, to terminate the appointment of an auditor of the Administered Division or an Administered Divisional Branch, and appoint another person as auditor of the Administered Division or an Administered Divisional Branch;

(f) has the power, without limiting anything else in this Scheme, to suspend or officers or delegates, including persons whose offices were not vacated as a result of subclause 3(1)(a), of the Administered Division and any Administered Divisional Branch from office or positions respectively, in accordance with clause 12;

(g) has the power, without limiting anything else in this Scheme, to terminate the employment of employees of the CFMEU who work in the Administered Division and any Administered Divisional Branch, in accordance with clause 12;

(h) has the power to refer the conduct of current or former officers, officials, shop-stewards, delegates or employees (howsoever described) of the Administered Division or any of the Administered Divisional Branches, to any body established, or officeholder appointed, by or under any law of the Commonwealth or of a State or Territory. Nothing in this Scheme limits the Administrator from also referring allegations or other information about unlawful conduct, or conduct requiring further investigation, of any other person, business, entity, organisation, to appropriate law enforcement agencies, regulators or decision-makers;

(i) has the power to commence and discontinue (including by way of settlement) proceedings in the name of the CFMEU, including for the recovery of any funds and/or property of the CFMEU, the Administered Division or any of the Administered Divisional Branches, to make rule changes, and for the imposition of penalties and the awarding of compensation or any other remedy as may be available under the FWRO Act or any other law; and

(j) may request the Minister exercise their power to vary or revoke this Scheme.

(3) The Administrator may, in writing, delegate to a person nominated by the Administrator, any of the powers, functions or duties of the Administrator under this Scheme or any powers or functions the Administrator may exercise under the FWRO Act.

7 Offices that are not vacated by this Scheme

(1) Where a person continues to hold office or employment in the Administered Division or an Administered Divisional Branch, the Administrator may exercise all the powers and functions afforded to the person by the rules of the CFMEU, the FWRO Act, and this Scheme, in respect of that person, including (but not limited to) directing that person—

(a) to take any leave to which that person is entitled, subject to that direction being made in accordance with the FW Act or any instrument made under the FW Act; and / or

(b) to perform no, or different, work; and / or

(c) not to attend the premises, or to access any property, information or system, of the Administered Division or some or all of its Administered Divisional Branches; and / or

(d) to return any property or information of the Administered Division or some or all of its Administered Divisional Branches; and / or

(e) not to hold themselves out as acting or speaking for or on behalf of the Administered Division or some or all of its Administered Divisional Branches

—for such time as the Administrator considers appropriate (but no later than the date upon which the Administrator ceases to act under this Scheme in respect of the Administered Division or, in the case of an office or employment in an Administered Divisional Branch, that Administered Divisional Branch).

(2) The term of any unvacated office that ends during the period of Administration may be extended, for a period of time set by the Administrator.

(3) An election may not be held in respect of any office that is not vacated by virtue of subclause 3(1)(a) without the written authorisation of the Administrator.

(4) For the avoidance of doubt, any exercise of power or function by the Administrator, as provided for under the FWRO Act or this Scheme, will prevail to the extent of any inconsistency with the National Rules, the Divisional Rules or actions taken by a person who continues to hold office or employment in the Administered Division or an Administered Divisional Branch.

(5) For the avoidance of doubt, and whilst the Administration continues in respect of the Administered Division or any Administered Divisional Branch, and notwithstanding any provisions of the National Rules or the Divisional Rules, the Administrator may appoint any person deemed suitable to them as a proxy to represent them at any meeting of the National Conference, National Executive, National Executive Committee or National Collegiate of the CFMEU, any State Conference constituted under rule 46 of the National Rules, any State Executive constituted under rule 47 of the National Rules, and any other decision-making body of the CFMEU or one of its Divisions or Branches under the National Rules or the Divisional Rules, and exercise the deliberative vote of such of the Administered Division or the Administered Divisional Branches that remain in administration (and their respective offices) provided that a separate written appointment is made for each such meeting. Each such instrument may provide instructions to the proxy as to how the proxy should vote and must do so in the event of a vote being required on any matter that, in the opinion of the Administrator, may adversely affect the interests of the members of the Administered Division or an Administered Divisional Branch. To avoid doubt, any such instructions may include a direction to abstain from voting.

8 Engagements by the Administrator

(1) The Administrator has the power to employ or otherwise engage persons, at the expense of the Administered Division and Administered Divisional Branches, to assist in performing the Administrator’s functions.

(2) The Administrator may, by written notice, appoint a person to undertake one or more duties of the Administrator. The Administrator may provide for their roles, responsibilities and functions in their appointment notice.

9 Responsibilities of the Administrator

(1) The Administrator:

(a) may undertake investigations into past and/or current practices of the Administered Division and the Administered Divisional Branches;

(b) may make any changes to the Divisional Rules the Administrator considers necessary and appropriate to:

(i) ensure the lawful and effective operation of the Administered Division and the Administered Divisional Branches;

(ii) encourage members to participate in the affairs of the Administered Division and the Administered Divisional Branches to which they belong;

(iii) encourage the democratic functioning and control of the Administered Division and the Administered Divisional Branches;

(i) be representative of and accountable to its members;

(ii) be able to operate lawfully and effectively;

(iii) encourage members to participate in the affairs of the Administered Division and the Administered Divisional Branch to which they belong; and

(iv) encourage the democratic functioning and control of the Administered Division;

(d) may cause to be kept and maintained, a copy of the register of members of the CFMEU as it relates to the Administered Division and to each of the Administered Divisional Branches, including to record any person joining or resigning from any of the Administered Divisional Branches after the commencement of the administration and their financial status;

(e) must comply with any obligations for the Administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the Fair Work Commission).

10 Written report to Minister

(1) The Administrator must give the Minister reports about the administration of the Scheme as and when required by section 323T of the FWRO Act.

(2) Nothing in this Scheme prevents the Administrator from including in a report to the Minister any additional information or observations the Administrator considers appropriate.

11 Complaints handling

The Administrator must, as soon as practicable:

(a) establish, in writing, a complaints procedure that complies with section 323HA of the FWRO Act; and

(b) publicise and make publicly available the procedure in a manner that complies with subsection 323HA(1) of the FWRO Act.

12 Disciplinary action

Notwithstanding anything in the National Rules or Divisional Rules:

(a) the Administrator has the power to suspend, remove, expel or disqualify—

(i) a member

(ii) an office holder of the Administered Division or an Administered Divisional Branch whom the administrator is satisfied is of bad character or for misconduct.

(b) the Administrator has the power to suspend or terminate the employment of any employee or suspend or remove any delegate of the Administered Division or an Administered Divisional Branch;

(c) the power in subclause 12(a) may be exercised in relation to conduct that occurred before or after the commencement of this Scheme;

(d) the process governing the exercise of the power in subclauses 12(a) may be determined by the Administrator, provided the process affords procedural fairness;

(e) any member expelled from membership by the Administrator, in accordance with subclause 12(a), is not entitled to apply for re-admission as a member of the CFMEU for a period determined in expelling the member so long as the period is not greater than a period of 5 years.

13 Appointment of Special Purpose Auditor

(1) The Administrator may, at any time during the administration of the Administered Division, appoint a Special Purpose Auditor to undertake a special purpose audit and prepare such independent reports into the affairs of the Administered Division and/or any of the Administered Divisional Branches as remain in administration.

(2) If the Administrator intends to make a request to the Minister to vary or revoke the administration, the Administrator may appoint a Special Purpose Auditor to provide reports to the Minister as to:

(a) the financial position of the Administered Division or relevant Administered Divisional Branch (as the case may be); and

(a) any significant financial risk identified by the Special Purpose Auditor relating to the Administered Division or the Administered Divisional Branch.

(3) If the Administrator appoints a Special Purpose Auditor under subclause 13(1), the Administrator may require the Special Purpose Auditor to prepare and provide to the Administrator, as soon as practicable and within a period determined in writing by the Administrator, an independent report into the financial position and governance of the Administered Division and each of the Administered Divisional Branches. For the purposes of any such request, the Administrator may require the report to:

(a) set out the financial position of each of the Administered Division and each of the Administered Divisional Branches; and / or

(b) advise on any significant financial risk(s) identified by the Special Purpose Auditor relating to the Administered Division and each of the Administered Divisional Branches.

(4) The Administrator, and all office holders and employees of the CFMEU in the Administered Division and each of the Administered Divisional Branches, must cooperate fully with the conduct of the audits and preparation of reports.

(5) The Administered Division and each of the Administered Divisional Branches must pay the fees and expenses of any Special Purpose Auditor in relation to the preparation of reports.

(6) For the avoidance of doubt, the appointment of the Special Purpose Auditor will not disturb or vacate the appointment of any other person as an auditor of the Administered Division and each of the Administered Divisional Branches under the National Rules or the Divisional Rules, or this Scheme.

14 Timing of elections of officers

(1) The Administrator has the power, without limiting anything in this Scheme, to arrange for the conduct of elections for offices in respect of the Administered Divisions and/or Administered Divisional Branches that are vacant.

(2) The Administrator must ensure that elections for offices in respect of the Administered Division and/or Administered Divisional Branches that are vacant are conducted before the administration of the Administered Division and/or Administered Divisional Branches ends in accordance with the FWRO Act.

15 Obligation to cooperate

Without limiting any other obligation (including in this Scheme, the FW Act and FWRO Act), the Administrator, and all office holders and employees of the CFMEU in the Administered Division and each of the Administered Divisional Branches, must cooperate fully with the conduct of audits and preparation of reports referred to in this Scheme.

16 Indemnification of Administrator

(1) The CFMEU shall indemnify the Administrator in respect of any and all claims, proceedings, or complaints made in connection with the Administrator’s exercise or non-exercise of any of the functions, powers and duties under this Scheme, including in relation to the cost of defending such claims, proceedings or complaints, and in relation to the payment of any compensation, penalties or other amounts awarded or paid in the determination, settlement, or other resolution, of such compensation, penalties or other amounts.

(2) For the avoidance of doubt, the indemnification provided for in subclause 16(1) above will continue after the Administrator ceases to act as Administrator under this Scheme, as long as the relevant exercise or non-exercise of functions, powers and duties occurred at a date when the Administrator still had functions, powers and duties under this Scheme.

Annexure B

POSITION NAME OF INCUMBENT
Construction and General Victoria-Tasmania Divisional Branch
1. Divisional Branch President Robert Graauwmans
1. Divisional Branch Senior Vice President Joe Myles
1. Divisional Branch Vice President Mick Myles
1. Divisional Branch Secretary (Vacant)
1. Divisional Branch Assistant Secretary Derek Christopher
1. Divisional Branch Assistant Secretary Elias Spernovasilis
1. Divisional Sub-Branch President (Tasmania) Kevin Harkins
1. Divisional Sub-Branch President (Tasmania) Richard Hassett
1. Divisional Branch Management Committee Member (position 1) David Lythgo
1. Divisional Branch Management Committee Member (position 2) Rudy Raspudic
1. Divisional Branch Management Committee Member (position 3) Anthony Cordier
1. Divisional Branch Management Committee Member (position 4) Anthony Ioannidis
1. Divisional Branch Management Committee Member (position 5) Bill Beattie
1. Divisional Branch Management Committee Member (position 6) Steve Long
1. Divisional Branch Management Committee Member (position 7) Gerard Benstead
1. Divisional Branch Management Committee Member (position 8) John Perkovic
1. Divisional Branch Management Committee Member (position 9) Darko Misic
1. Divisional Branch Management Committee Member (position 10) John Constantinou
1. Divisional Branch Management Committee Member (position 11) John Perak
1. Divisional Branch Management Committee Member (position 12) Paddy Farrelly
1. Divisional Branch Management Committee Member (position 13) Frank Akbari
1. Divisional Branch Management Committee Member (position 14) (Vacant)
1. Divisional Branch Management Committee Member (position 15) Paul Round
1. Divisional Branch Management Committee Member (position 16) Martin Murphy
1. Divisional Branch Management Committee Member (position 17) Jeremy Tomic
1. Divisional Branch Management Committee Member (position 18) Dennis Gritzalis
1. Divisional Branch Management Committee Member (position 19) James Simpson
1. Divisional Branch Management Committee Member (position 20) Steven Balta
1. Divisional Branch Management Committee Member (position 21) Lisa Zanatta
1. Divisional Branch Management Committee Member (position 22) Theo Theodorou
1. Divisional Branch Management Committee Member (position 23) Brendan Pitt
1. Divisional Sub-Branch President (Tasmania) Kevin Harkins
1. Divisional Sub-Branch Secretary (Tasmania) Richard Hassett
1. Divisional Sub-Branch Management Committee Member (Tasmania) (position 1) Broden Barlow
1. Divisional Sub-Branch Management Committee Member (Tasmania) (position 2) Kevin Harkins
1. Divisional Sub-Branch Management Committee Member (Tasmania) (position 3) Mark Denny
1. Divisional Sub-Branch Management Committee Member (Tasmania) (position 4) Richard Hassett
1. Divisional Sub-Branch Management Committee Member (Tasmania) (position 5) Dushan Hlis
1. Divisional Sub-Branch Management Committee Member (Tasmania) (position 6) Jim Stuht
1. Divisional Branch Trustee (Unknown)
1. Divisional Branch Trustee (Unknown)
1. Divisional Branch Trustee (Unknown)
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 1) Rhett Campbell
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 2) Chris Brett
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 3) Richard Bradley
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 4) Bart Scaffidi
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 5) Vlado Cakarun
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 6) Emilio Botsaris
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 7) Luke Buttigieg
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 8) Shane Cilia
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 9) Lara Van Graas
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 10) Kelly Ngu
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 11) Sean Paul Donnelly
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 12) Peter Clark
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 13) Antony Grgurevic
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 14) Valerio Macaro
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 15) Ivan Colina
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 16) Mick Fitzsimons
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 17) Felice Filardo
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 18) Mathew Montebello
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 19) (Vacant)
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 20) David Costabile
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 21) David Krizan
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 22) Peter Loncar
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 23) Jason Deans
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 24) Anthony Dredge
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 25) Teena Simpson
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 26) Neven Markulin
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 27) Yong Wu
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 28) Jimmy Harris
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 29) Drew McDonald
1. Delegate to Divisional Branch Council(Melbourne Metropolitan position 30) Guang Liang Xu
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 31) Terence McNamara
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 32) John Mantis
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 33) Gerard McQuaid
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 34) Lita Gillies
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 35) Scott Aird
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 36) Mark McMillan
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 37) Brad McNiven
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 38) Ilija Crnac
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 39) Lee McKenzie
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 40) Tamish Muller
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 41) David Foley
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 42) Kathleen Ingram
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 43) Matthew Seadon
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 44) Mick Egan
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 45) Mick Powell
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 46) Carla Rivera
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 47) Liam O’Hearn
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 48) Adam Olsen
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 49) Ashton Fitzpatrick
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 50) Shane McGowan
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 51) Trevor Punshon
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 52) Ricky Orterga
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 53) Mark Peterson
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 54) Gary Roberts
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 55) John Pidoto
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 56) Angelo Ruffato
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 57) (Vacant)
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 58) James Ryan
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 59) Terry Ryan
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 60) Gerry Pettifer
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 61) Shane Ross
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 62) Daniel Simioni
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 63) Malachy Farrelly
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 64) Michael Farrelly
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 65) David Setka
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 66) Chris Spiridonos
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 67) Mick Karlusic
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 68) Simon Samardzic
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 69) John Samardzic
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 70) Jack Vucak
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 71) Shelly Goodwin
1. Delegate to Divisional Branch Council (Melbourne Metropolitan position 72) Esther Van Arend
1. Delegate to Divisional Branch Council (Geelong position 1) Paul McCann
1. Delegate to Divisional Branch Council (Geelong position 2) Dean Doran
1. Delegate to Divisional Branch Council (Geelong position 3) Mark Travers
1. Delegate to Divisional Branch Council (Geelong position 4) Rachel McCann
1. Delegate to Divisional Branch Council (Central Victoria position 1) Nigel Davies
1. Delegate to Divisional Branch Council (Central Victoria position 2) David Duffy
1. Delegate to Divisional Branch Council (Central Victoria position 3) Andrew Pitlik
1. Delegate to Divisional Branch Council (Central Victoria position 4) Brett James Fleming
1. Delegate to Divisional Branch Council (Northern Victoria position 1) James Gianchino
1. Delegate to Divisional Branch Council (Northern Victoria position 2) Joel Hannebery
1. Delegate to Divisional Branch Council (Northern Victoria position 3) Mark Tait
1. Delegate to Divisional Branch Council (Northern Victoria position 4) Cameron McClure
1. Delegate to Divisional Branch Council (La Trobe position 1) Philip Darcy
1. Delegate to Divisional Branch Council (La Trobe position 2) John Thomson
1. Delegate to Divisional Branch Council (La Trobe position 3) Toby Thornton
1. Delegate to Divisional Branch Council (La Trobe position 4) Tom Malone
Construction and General South Australian Divisional Branch
1. Divisional Branch President Robert Graauwmans
1. Divisional Branch Vice President Mark Palmer
1. Divisional Branch Secretary (Vacant)
1. Divisional Branch Assistant Secretary Marcus Pare
1. Divisional Branch Treasurer Travis Hera-Singh
1. Divisional Branch Trustee (Vacant)
1. Divisional Branch Trustee Travis Brook
1. Divisional Branch Organiser Emosi Veron
1. Divisional Branch Organiser (Vacant)
1. Divisional Branch Management Committee Member (position 1) Mark Forster
1. Divisional Branch Management Committee Member (position 2) James Rusinksi
1. Divisional Branch Management Committee Member (position 3) (Vacant)
1. Divisional Branch Management Committee Member (position 4) Daniel Bottrell
1. Divisional Branch Management Committee Member (position 5) David Ellis
1. Divisional Branch Council Member (position 1) Holly Hedges
1. Divisional Branch Council Member (position 2) Kain Shanko
1. Divisional Branch Council Member (position 3) Lance Herbert
1. Divisional Branch Council Member (position 4) (Vacant)
1. Divisional Branch Council Member(position 5) (Vacant)
1. Divisional Branch Council Member (position 6) Michael McCluskey
1. Divisional Branch Council Member (position 7) Damien O’Connell
1. Divisional Branch Council Member (position 8) Patrick Rupric
1. Divisional Branch Council Member (position 9) (Vacant)
1. Divisional Branch Council Member (position 10) (Vacant)
1. Divisional Branch Council Member (position 11) (Vacant)
1. Divisional Branch Council Member (position 12) Jarrad Tapp
1. Divisional Branch Council Member (position 13) Doug Tilley
1. Divisional Branch Council Member (position 14) Nathan White
Construction and General New South Wales Divisional Branch
1. Divisional Branch Secretary Darren Greenfield
1. Divisional Branch Assistant Secretary (Vacant)
1. Divisional Branch Assistant Secretary Robert Kera
1. Divisional Branch President Rita Mallia
1. Divisional Branch Management Committee Member (position 1) Yusuf Mhaiche
1. Divisional Branch Management Committee Member (position 2) Scott Andrew
1. Divisional Branch Management Committee Member (position 3) Howard Byrnes
1. Divisional Branch Management Committee Member (position 4) Denis McNamara
1. Divisional Branch Management Committee Member (position 5) Simon Curtis
1. Divisional Branch Management Committee Member (position 6) Simon Gutierrez
1. Divisional Branch Management Committee Member (position 7) Zachary Latief
1. Divisional Branch Management Committee Member (position 8) Luke Allen
1. Divisional Branch Management Committee Member (position 9) Yannis Sievas
1. Divisional Branch Management Committee Member (position 10) Steven Parker
1. Divisional Branch Management Committee Member (position 11) Pierre Boumelham
1. Divisional Branch Management Committee Member (position 12) (Vacant)
1. Divisional Branch Management Committee Member (position 13) Elmedin Begic
1. Divisional Branch Management Committee Member (position 14) (Vacant)
1. Divisional Branch Management Committee Member (position 15) Dean Hackett
1. Divisional Branch Management Committee Member (position 16) Munro Jones
1. Divisional Branch Management Committee Member (position 17) Rocco Ianni
1. Divisional Branch Management Committee Member (position 18) Michael Restuccia
1. Divisional Branch Management Committee Member (position 19) Timur Rasih
1. Divisional Branch Management Committee Member (position 20) Sime Buterin
1. Divisional Branch Management Committee Member (position 21) Bruce Cartwright
1. Divisional Branch Management Committee Member (position 22) Dario Damjanovic
1. Divisional Branch Management Committee Member (position 23) Michael Lynch
1. Divisional Branch Management Committee Member (position 24) (Vacant)
1. Divisional Branch Management Committee Member (position 25) Anthony Vecchio
1. Divisional Branch Management Committee Member (position 26) Darren Wick
1. Divisional Branch Council Member (Cumberland Zone position 1) Nur Begg
1. Divisional Branch Council Member (Cumberland Zone position 2) (Vacant)
1. Divisional Branch Council Member (Cumberland Zone position 3) Kahon Alkozai
1. Divisional Branch Council Member (Cumberland Zone position 4) John Hughes
1. Divisional Branch Council Member (Cumberland Zone position 5) Michael Bailey
1. Divisional Branch Council Member (Cumberland Zone position 6) Mario Battistini
1. Divisional Branch Council Member (Cumberland Zone position 7) Derek Gallagher
1. Divisional Branch Council Member (Cumberland Zone position 8) Jack Bosden
1. Divisional Branch Council Member (Cumberland Zone position 9) Craig Bremner
1. Divisional Branch Council Member (Cumberland Zone position 10) Geoff Bates
1. Divisional Branch Council Member (Cumberland Zone position 11) Robert Burland
1. Divisional Branch Council Member (Cumberland Zone position 12) Colin Chapman
1. Divisional Branch Council Member (Cumberland Zone position 13) James Ponisi
1. Divisional Branch Council Member (Cumberland Zone position 14) Mohamed Gabr
1. Divisional Branch Council Member (Cumberland Zone position 15) Mohamed Hammoud
1. Divisional Branch Council Member (Cumberland Zone position 16) Colin Lamond
1. Divisional Branch Council Member (Cumberland Zone position 17) Edward Sloane
1. Divisional Branch Council Member(Cumberland Zone position 18) Ian McKinnon
1. Divisional Branch Council Member (Cumberland Zone position 19) Russell Munro
1. Divisional Branch Council Member (Cumberland Zone position 20) Jason Williams
1. Divisional Branch Council Member (Cumberland Zone position 21) Geoffrey Vaughan
1. Divisional Branch Council Member (Cumberland Zone position 22) James Wall
1. Divisional Branch Council Member (Northumberland Zone position 1) Neal Attwood
1. Divisional Branch Council Member (Northumberland Zone position 2) Mitchell Deas
1. Divisional Branch Council Member (Northumberland Zone position 3) Mark Kelly
1. Divisional Branch Council Member (Camden Zone position 1) David Mackay
1. Divisional Branch Council Member (Camden Zone position 2) Paul Fisher
1. Divisional Branch Council Member (Camden Zone position 3) Sallie Oxborough
1. Divisional Branch Council Member (Country Zone position 1) Gary McCarthy
1. Divisional Branch Council Member (Country Zone position 1) Michael Sykes
1. Divisional Branch Council Member (Country Zone position 1) Paul Wright
Construction and General Queensland-Northern Territory Divisional Branch
1. Divisional Branch Secretary Michael Ravbar
1. Divisional Branch Assistant Secretary (Plasterers) Kane Lowth
1. Divisional Branch Assistant Secretary (Painters) Keith Murphy
1. Divisional Branch Assistant Secretary (General) Jade Ingham
1. Divisional Branch President Royce Kupsch
1. Divisional Branch Senior Vice President Steven Gaske
1. Divisional Branch Senior Vice President Dallas Ezzy
1. Divisional Branch Vice President Ian McKewin
1. Divisional Branch Vice President Steven Amies
1. Divisional Branch Trustee (Unknown)
1. Divisional Branch Trustee (Unknown)
1. Divisional Branch Trustee (Unknown)
1. Divisional Branch Executive Member (position 1) Peter Close
1. Divisional Branch Executive Member (position 2) Mark Read
1. Divisional Branch Council Member (position 1) Steve Amies
1. Divisional Branch Council Member(position 2) Craig Brown
1. Divisional Branch Council Member (position 3) Josh Burling
1. Divisional Branch Council Member (position 4) Tony Dougherty
1. Divisional Branch Council Member (position 5) Tom McGovern
1. Divisional Branch Council Member (position 6) Ian (Badge) McKewin
1. Divisional Branch Council Member (position 7) Mick Robinson
Construction and General Divisional Executive
1. - Divisional Assistant Secretary - (Vacant)
1. - Divisional Assistant Secretary - Andrew Sutherland
1. - Divisional President - Jade Ingham
1. - Divisional Senior Vice President - Robert Kera
1. - Divisional Vice President - (Vacant)
1. - Divisional Executive Member
(ex officio QNT Divisional Branch Secretary) - Michael Ravbar
1. - Divisional Executive Member
(ex officio NSW Divisional Branch Secretary) - Darren Greenfield
1. - Divisional Executive Member
(ex officio VIC-TAS Divisional Branch Secretary) - (Vacant)
1. - Divisional Executive Member
(VIC-TAS additional position 1) - Derek Christopher
1. - Divisional Executive Member
(VIC-TAS additional position 2) - Elias Spernovasilis
1. - Divisional Executive Member
(NSW additional position) - (Vacant)
Construction and General Divisional Trustees
1. - Divisional Trustee - Rita Mallia
1. - Divisional Trustee - Robert Graauwmans
1. - Divisional Trustee - Darren Greenfield
Construction and General Divisional Conference
1. - Divisional Branch Delegate to Divisional Conference
(QNT position 1 – ex officio QNT Divisional Branch Secretary) - Michael Ravbar
1. - Divisional Branch Delegate to Divisional Conference
(Divisional Executive Member (QNT Additional Position 1)) - Kane Lowth
1. - Divisional Branch Delegate to Divisional Conference
(QNT position 3 – ex officio QNT Divisional Branch Assistant Secretary – Painters) - Keith Murphy
1. - Divisional Branch Delegate to Divisional Conference
(QNT position 4) - Royce Kupsch
1. - Divisional Branch Delegate to Divisional Conference
(QNT position 5) - Steven Gaske
1. - Divisional Branch Delegate to Divisional Conference
(QNT position 6 - Ian McKewin
1. - Divisional Branch Delegate to Divisional Conference
(QNT position 7) - Jade Ingham
1. - Divisional Branch Delegate to Divisional Conference
(QNT position 8) - Peter Close
1. - Divisional Branch Delegate to Divisional Conference
(QNT position 9) - Steve Amies
1. - Divisional Branch Delegate to Divisional Conference
(QNT position 10 – NT position) - Josh Burling
1. - Divisional Branch Delegate to Divisional Conference
(NSW position 1 – ex officio NSW Divisional Branch Secretary) - Darren Greenfield
1. - Divisional Branch Delegate to Divisional Conference
(NSW position 2) - (Vacant)
1. - Divisional Branch Delegate to Divisional Conference
(NSW position 3) - Elmedin Begic
1. - Divisional Branch Delegate to Divisional Conference
(NSW position 4) - Warren Whitney
1. - Divisional Branch Delegate to Divisional Conference
(NSW position 5) - Munro Jones
1. - Divisional Branch Delegate to Divisional Conference
(NSW position 6) - Robert Kera
1. - Divisional Branch Delegate to Divisional Conference
(NSW position 7) - Rita Mallia
1. - Divisional Branch Delegate to Divisional Conference
(NSW position 8) - Denis McNamara
1. - Divisional Branch Delegate to Divisional Conference
(NSW position 9) - (Vacant)
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 1 – ex officio VIC-TAS Divisional Branch Secretary) - (Vacant)
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 2) - Joe Myles
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 3) - Elias Spernovasilis
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 4) - Derek Christopher
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 5) - Robert Graauwmans
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 6) - David Lythgo
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 7) - Steve Long
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 8) - Skye Allan
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 9) - Lisa Zanatta
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 10) - Theo Theodorou
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 11) - Gerard McQuaid
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 12) - James Simpson
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 13) - Garry Donnon
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 14) - Mark Travers
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 15) - Paul Tzimas
1. - Divisional Branch Delegate to Divisional Conference
(VIC-TAS position 16) - Ivan Colina
1. - Divisional Branch Delegate to Divisional Conference
(SA position 1 – ex officio SA Divisional Branch Secretary) - (Vacant)
1. - Divisional Branch Delegate to Divisional Conference
(SA position 2 – ex officio SA Divisional Branch Assistant Secretary) - Marcus Pare
1. - Divisional Branch Delegate to Divisional Conference
(SA position 3) - Andrew Sutherland

Annexure C

POSITION NAME OF INCUMBENT
Construction and General Divisional Executive
Divisional Secretary - Zachary Smith
Divisional Executive Member
(ex officio ACT Divisional Branch Secretary) - Michael Hiscox
Divisional Executive Member
(ex officio WA Divisional Branch Secretary) - Mick Buchan
Construction and General Divisional Conference
Divisional Branch Delegate to Divisional Conference
(ACT position 1 – ex officio ACT Divisional Branch Secretary) - Zachary Smith
Divisional Branch Delegate to Divisional Conference
(ACT position 2) - (Vacant)
Divisional Branch Delegate to Divisional Conference
(ACT position 3) - Michael Hiscox
Divisional Branch Delegate to Divisional Conference
(WA position 1 – ex officio WA Divisional Branch Secretary) - Mick Buchan
Divisional Branch Delegate to Divisional Conference
(WA position 2) - Robert Benkesser
Divisional Branch Delegate to Divisional Conference
(WA position 3) - Michelle Sheehy

POSITION NAME OF INCUMBENT
Construction and General Western Australia Divisional Branch
1. Divisional Branch President Robert Benkesser
1. Divisional Branch Senior Vice President Robert Benkesser
1. Divisional Branch Management Committee member - Divisional Senior Vice President Glenn Hawkins
1. Divisional Branch Management Committee member – Divisional Vice President Robert Pearson
1. Divisional Branch Management Committee member – Divisional Branch Treasurer Steve Catania
1. Divisional Branch Secretary Mick Buchan
1. Divisional Branch Assistant Secretary Brad Upton
1. Divisional Branch Joint Vice President(Construction and General Position) Brad Upton
1. Divisional Branch Treasurer Aaron Mackrell
1. Divisional Branch Management Committee Member(position 1) (Vacant)
1. Divisional Branch Management Committee Member(position 2) Nathan Fisher
1. Divisional Branch Management Committee Member(position 3) Jimmy Poole
1. Divisional Branch Management Committee Member(position 4) Stephan Gracie
1. Divisional Branch Management Committee Member(position 5) Gary Shorto
1. Divisional Branch Council(Position 1) John Barton
1. Divisional Branch Council(Position 2) Ronny Buchan
1. Divisional Branch Council(Position 3) Nick Di Gregorio
1. Divisional Branch Council(Position 4) Jeremy Goncalves
1. Divisional Branch Council(Position 5) David Jones
1. Divisional Branch Council(Position 6) Cheryle Jones
1. Divisional Branch Council(Position 7) Michelle Kavanagh
1. Divisional Branch Council(Position 8) Mick Kitson
1. Divisional Branch Council(Position 9) Aussie Minervini
1. Divisional Branch Council(Position 10) Tawa Harris
1. Divisional Branch Council(Position 11) Justin Murphy
1. Divisional Branch Council(Position 12) Nick Jeakings
1. Divisional Branch Council(Position 13) Nathan Park
1. Divisional Branch Council(Position 14) Steve Parker
1. Divisional Branch Council(Position 15) Andrew Hamor
1. Divisional Branch Council(Position 16) Trent Phillip
1. Divisional Branch Council(Position 17) Joffa Pound
1. Divisional Branch Council(Position 18) Ben Pringle
1. Divisional Branch Council(Position 19) Kay Symes
1. Divisional Branch Council(Position 20) Campbell Walton
1. Divisional Branch Trustee Robert Benkesser
1. Divisional Branch Trustee Steve Catania
1. Divisional Branch Trustee Glenn Hawkins

POSITION NAME OF INCUMBENT
Construction and General ACT Divisional Branch
1. Divisional Branch President Josh Bolitho
1. Divisional Branch Secretary/Treasurer Zachary Smith
1. Divisional Branch Assistant Secretary Josh Bolitho
1. Divisional Branch Vice President Seamus Maher
1. Divisional Branch Vice President Cameron Hardy
1. Divisional Branch Assistant Secretary Michael Hiscox
1. Divisional Branch Management Committee Member(position 1) Timothy Puckett
1. Divisional Branch Management Committee Member(position 2) Leon Arnold
1. Divisional Branch Management Committee Member(position 3) Duncan Bennett-Burleigh
1. Divisional Branch Management Committee Member(position 4) Dean Hart
1. Divisional Branch Management Committee Member(position 5) Mark Dymock
1. Divisional Branch Management Committee Member(position 6) Sarah Clifford
1. Divisional Branch Management Committee Member(position 7) (Vacant)
1. Divisional Branch Management Committee Member(position 8) Desmond Marland
1. Divisional Branch Management Committee Member(position 9) Garry McMinn
1. Divisional Branch Management Committee Member(position 10) Michael Schlow
1. Divisional Branch Management Committee Member(position 11) Michael Cousins
1. Divisional Branch Councillor(Position 1) (Vacant)
1. Divisional Branch Councillor(Position 2) Graeme Carter
1. Divisional Branch Councillor(Position 3) Peter Ellis
1. Divisional Branch Councillor(Position 4) Troy Gledhill
1. Divisional Branch Councillor(Position 5) (Vacant)
1. Divisional Branch Councillor(Position 6) Steven Kuczerka
1. Divisional Branch Councillor(Position 7) Stuart Peacock
1. Divisional Branch Councillor(Position 8) (Vacant)
1. Divisional Branch Councillor(Position 9) (Vacant)

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Fair Work (Registered Organisations) (CFMEU Construction and General Division Administration) Determination 2024

I, Mark Dreyfus KC, Attorney-General, make the following determination.

Dated 23 August 2024

Mark Dreyfus KC

Attorney-General

Contents

1 Name

2 Commencement

3 Authority

4 Determination

Annexure A—Scheme of Administration

1 Definitions

2 Person to be appointed administrator

3 Declaration that offices are vacant

4 Rules and Resolutions

5 Return of property

6 Powers, functions and duties of the Administrator

7 Offices that are not vacated by this Scheme

8 Engagements by the Administrator

9 Responsibilities of the Administrator

10 Written report to Minister

11 Complaints handling

12 Disciplinary action

13 Appointment of Special Purpose Auditor

14 Timing of elections of officers

15 Obligation to cooperate

16 Indemnification of Administrator

Annexure B

Construction and General Victoria-Tasmania Divisional Branch

Construction and General South Australian Divisional Branch

Construction and General New South Wales Divisional Branch

Construction and General Queensland-Northern Territory Divisional Branch

Construction and General Divisional Executive

Construction and General Divisional Trustees

Construction and General Divisional Conference

Annexure C

Construction and General Divisional Executive

Construction and General Divisional Conference

Construction and General Western Australia Divisional Branch

Construction and General ACT Divisional Branch

1 Name

This instrument is the Fair Work (Registered Organisations) (CFMEU Construction and General Division Administration) Determination 2024.

2 Commencement

The Determination establishes several recurring structural and legal concepts; understanding them is essential to operationalising the Scheme.

Administered Division and Administered Divisional Branches. These are the concrete organisational units placed into administration: the Construction and General Division and the specific Divisional Branches listed at Annexures B and C. The scheme distinguishes between offices that are vacated (Annexure B) and those that are not vacated (Annexure C) (clause 3(1)(a), 3(2)). This creates a defined universe of affected offices and an outside set of offices unaffected by vacation.
Appointment and role of the Administrator. The General Manager of the Fair Work Commission appoints the Administrator under s 323C of the FWRO Act (clause 2(1) identifies Mark Irving KC as the person to be appointed). The Administrator is vested with the statutory and rule‑based powers of the Divisional Conference, Divisional Executive and Divisional Branch governance structures for the period of administration (clause 6(1)(a)-(c)). The Administrator may delegate in writing (clause 6(3)), may employ staff at the expense of the Administered Division/branches (clause 8(1)) and may request Ministerial variation or revocation of the Scheme (clause 6(1)(j)).
Vacating and divesting of offices. The Scheme declares identified offices vacant by operation of the instrument (clause 3(1)(a)). Offices vacated are to return property and documents to the Administrator within seven days (clause 5(1)). Offices and positions not vacated remain subject to directions from the Administrator and may have powers temporarily divested (clause 3(1)(f); clause 7).
Prevailing of the Scheme over rules. The instrument explicitly provides that it operates “notwithstanding anything in the National Rules or Divisional Rules” and prevails to the extent of any inconsistency (clause 4(1)). The Administrator may alter Divisional Rules where required because of the administration, subject to s 323H (clause 4(2)). Additionally, Schedule 1 of the Divisional Rules is suspended until further determination (clause 4(3)).
Investigations, audits and reporting. The Administrator may investigate past and present practices (clause 9(1)(a)), appoint Special Purpose Auditors and direct them to prepare independent reports into financial position and governance (clause 13). The Administrator must report to the Minister as required under s 323T of the FWRO Act (clause 10).
Discipline, employment and referrals. The Administrator holds broad disciplinary powers (suspension, removal, expulsion, disqualification) over members and office‑holders, and may suspend or terminate employment or delegates, subject to procedural fairness as determined by the Administrator (clause 12(a)-(d)). The Administrator may also refer conduct to other enforcement agencies or regulators (clause 6(1)(h)).
Financial responsibility and indemnity. The Scheme places costs of engagements and special audits on the Administered Division / Administered Divisional Branches (clause 8(1); clause 13(5)). It also requires the CFMEU to indemnify the Administrator in respect of claims connected to the Administrator’s exercise or non‑exercise of functions under the Scheme (clause 16).
Elections and democratic functioning. The Administrator must ensure elections for vacant offices are conducted before administration ends (clause 14(1)-(2)). The Administrator can also extend terms of unvacated offices and may control whether elections proceed without written authorisation (clause 7(2)-(3)). The Administrator may appoint proxies to represent the Administered Division at national or state decision‑making bodies and may direct proxies on voting (clause 7(5)).

These concepts establish the legal and practical mechanics for transferring governance from multiple local/divisional bodies to a single Administrator with investigatory, rule‑making, enforcement and financial control functions for the period of administration.

The instrument identifies three classes of persons and entities with concrete, differing impacts: (1) the CFMEU as the registered organisation, (2) named office‑holders and employees, and (3) members and delegates of the Administered Division and Divisional Branches.

The CFMEU and its Administered Division. The organisation itself is the subject of the Scheme: the Construction and General Division and the particular Divisional Branches listed at Annexures B and C are placed in administration (clause 4). The Administered Division is responsible, by the terms of the Scheme, for the costs of engagements by the Administrator (clause 8(1)), for paying Special Purpose Auditor fees (clause 13(5)), and for indemnifying the Administrator (clause 16(1)). The CFMEU’s right to act through previously delegated officers is curtailed where those officers are vacated or temporarily divested (clause 3(1)(a), 3(1)(f), 7(1)).
Named office‑holders and delegates listed at Annexure B. The instrument declares the offices listed in Annexure B vacant on the appointment of the Administrator (clause 3(1)(a) and Annexure B itself). That includes presidents, vice presidents, members of management committees, delegates to branch councils and many other enumerated positions across Victoria‑Tasmania, South Australia, New South Wales, Queensland‑Northern Territory and Divisional Executive and Trustees (Annexure B). Persons who hold those vacated offices and are paid officials or whose employment exists by reason of holding those offices have their employment or paid positions terminated by operation of the Scheme (clause 3(1)(b)). Vacated office‑holders are required to return CFMEU property and documents and to transfer any held property back to the Administrator within seven days (clause 5(1)(a)-(c)).
Office‑holders and positions listed at Annexure C. Those offices are expressly not vacated by the Scheme (clause 3(2) and Annexure C). However, persons who continue to hold office or employment under the Administered Division or Divisional Branches remain subject to the Administrator’s powers. The Administrator may direct such persons to take leave, to perform no or different work, to be excluded from premises or systems, to return property, or not to hold themselves out as acting for the Administered Division, for such period as the Administrator considers appropriate (clause 7(1)). The Administrator may also extend the terms of unvacated offices that end during the administration (clause 7(2)).
Employees, delegates and shop‑stewards. The Administrator has express power to suspend or terminate employment of employees of the CFMEU who work in the Administered Division and the Administered Divisional Branches, and to suspend or remove delegates (clause 6(1)(g); clause 12(b)). The disciplinary power in clause 12(a) can be exercised against members and office‑holders for bad character or misconduct, and it may be applied to conduct occurring before or after commencement of the Scheme (clause 12(c)).
Members generally. The Administrator may cause the register of members relating to the Administered Division and each Administered Divisional Branch to be kept and maintained (clause 9(1)(d)). Divisional Branch Secretaries are required to provide the Administrator a list of all members and delegates of their Administered Divisional Branch including contact details within seven days (clause 5(2)). Members expelled by the Administrator may be barred from re‑admission for up to five years as determined by the Administrator (clause 12(e)).
External regulators, law enforcement and the Minister. The Administrator must report to the Minister per s 323T of the FWRO Act (clause 10) and must comply with obligations to cooperate with any law enforcement or regulatory inquiries (clause 9(1)(e)). The Administrator may refer conduct to Commonwealth, State or Territory bodies (clause 6(1)(h)). The Administrator may request the Minister exercise powers to vary or revoke the Scheme (clause 6(1)(j)).

In short, the measure affects the CFMEU as an entity (financial liabilities and governance shift), named divisional officers (vacation of office and possible employment termination), members (registers and potential expulsions), remaining office‑holders and employees (subject to direction, suspension, termination), and decision‑makers (Minister, General Manager, external regulators and law enforcement) who interact with the Scheme through reporting, referrals and potential variation.

The Determination creates duties and rights for the Administrator, for vacated and unvacated office‑holders, for the CFMEU entity, and for the Minister and General Manager. These are explicit in the Scheme and determine operational responsibilities.

Duties and powers of the Administrator

Exercise of rule and statutory powers: The Administrator may exercise all powers and duties of the Divisional Conference, Divisional Executive, Divisional Branch Council and management committees under the National Rules, Divisional Rules and the FWRO Act (clause 6(1)(a)-(c)). The Scheme prevails over inconsistent National or Divisional Rules (clause 4(1)). The Administrator may alter Divisional Rules where necessary because of administration, consistent with s 323H (clause 4(2)).
Governance and asset management: The Administrator may appoint Divisional Trustees and transfer property into their names (clause 6(1)(d)), terminate and appoint auditors (clause 6(1)(e)), and commence or discontinue legal proceedings in the CFMEU’s name, including for recovery of funds or property and for imposition of penalties or compensation (clause 6(1)(i)).
Investigations, reporting and compliance: The Administrator may investigate past/current practices of the Administered Division and Branches (clause 9(1)(a)), appoint Special Purpose Auditors to report on financial position and risks (clause 13), and must provide reports to the Minister as required by s 323T of the FWRO Act (clause 10(1)). The Administrator must establish and publicise a complaints procedure complying with s 323HA (clause 11).
Disciplinary and employment actions: The Administrator has powers to suspend, remove, expel or disqualify members and office‑holders for bad character or misconduct (clause 12(a)), and to suspend or terminate employment of employees and delegates (clause 12(b)). The Administrator may exercise disciplinary powers in relation to conduct occurring before or after commencement (clause 12(c)), and may set procedural processes provided they afford procedural fairness (clause 12(d)).
Delegation and engagement: The Administrator may delegate any powers, functions or duties in writing (clause 6(3)) and may employ or engage persons at the expense of the Administered Division/branches to assist in performing functions (clause 8(1)). The Administrator may appoint persons to undertake duties, set roles in appointment notices and require cooperation with audits (clause 8(2); clause 13(4)).

Rights and obligations of vacated office‑holders

Return of property and documents: Persons whose offices are vacated must return all CFMEU property (including vehicles, passes, credit cards, devices, passwords and access credentials) and deliver documents relating to CFMEU affairs within seven days (clause 5(1)(a)-(c)). They must also effect transfer of property held on trust into the Administrator’s name (clause 5(1)(b)).
Employment termination where applicable: If a person’s employment or paid official status exists by reason of holding an office vacated under clause 3(1)(a), that employment or paid position is terminated effective from commencement of the Administration (clause 3(1)(b)). Clause 3(1)(c) clarifies that the vacating does not affect the continued employment of persons employed for other reasons.

Rights and obligations of unvacated office‑holders (Annexure C and others)

Subject to Administrator’s direction: Persons who continue to hold office or employment remain subject to directions including to take leave, perform different work, be excluded from premises/systems, return property/information or refrain from holding themselves out as speaking for the Administered Division/Branches (clause 7(1)(a)-(e)). The Administrator may extend terms of unvacated offices that end during the administration (clause 7(2)) and control elections for such offices (clause 7(3)).

Obligations of Divisional Branch Secretaries and membership registers

Provide member lists: Divisional Branch Secretaries of Administered Divisional Branches must provide to the Administrator a list of all members and delegates, including current residential and postal addresses, telephone and mobile numbers, and email addresses within seven days (clause 5(2)). The Administrator may also cause the register of members relating to the Administered Division and branches to be kept and maintained and to record joining/resignation/financial status (clause 9(1)(d)).

Financial duties

Pay for engagements and auditors: The Administrator may engage persons at the expense of the Administered Division/branches (clause 8(1)). Special Purpose Auditor fees and expenses are payable by the Administered Division and branches (clause 13(5)). The CFMEU indemnifies the Administrator against claims and defence costs arising from the Administrator’s exercise or non‑exercise of functions under the Scheme (clause 16(1)-(2)).

Ministerial and General Manager roles

Appointment and termination of Administrator: The General Manager of the Fair Work Commission appoints the Administrator in accordance with s 323C of the FWRO Act (clause 2(1)). The General Manager may terminate the appointment if the Administrator is proven unable to perform duties because of incapacity, misbehaviour, or resignation in writing; the General Manager must then appoint another person as Administrator and be satisfied regarding qualifications (clause 2(2)-(3)).
Ministerial oversight: The Administrator must give reports to the Minister as required by s 323T of the FWRO Act (clause 10(1)) and may request the Minister exercise powers to vary or revoke the Scheme (clause 6(1)(j)).

Procedural rights

Procedural fairness in disciplinary processes: The Administrator may determine the process for disciplinary action provided the process affords procedural fairness (clause 12(d)). Members expelled by the Administrator may be barred from re‑admission for a period determined by the Administrator up to five years (clause 12(e)).

These duties and rights create concentrated decision‑making power in the Administrator, operational obligations for office‑holders and the CFMEU, financial obligations on the Administered Division/branches, and reporting obligations to the Minister and the General Manager.

The Determination itself does not prescribe criminal penalties but creates enforcement mechanisms, disciplinary consequences and powers to pursue civil remedies. It also prescribes operational obligations backed by compulsion and practical sanctions.

Enforcement powers vested in the Administrator

Removal, suspension and expulsion. The Administrator has express power to suspend, remove, expel or disqualify members and office‑holders of the Administered Division and Administered Divisional Branches whom the Administrator is satisfied are of bad character or guilty of misconduct (clause 12(a)). The Administrator may suspend or terminate employment and suspend or remove delegates (clause 12(b)). The Administrator may exercise this power in respect of conduct occurring before or after the commencement of the Scheme (clause 12(c)).
Procedural control. The Administrator determines the process governing disciplinary action provided that procedural fairness is afforded (clause 12(d)). The Administrator may set conditions on re‑admission; expelled members may be barred for up to five years as determined by the Administrator (clause 12(e)).
Directions to unvacated officers and employees. For persons not vacated, the Administrator may direct leave, restrict work, exclude access from premises and systems, require return of property, or prohibit holding out as speaking for the Division (clause 7(1)). Failure to comply with such directions would typically be enforced through employment or internal governance mechanisms and could lead to suspension or termination under the Administrator’s powers (clause 6(1)(f)-(g); clause 12(b)).

Compulsory return of property and documentation

Seven‑day return requirement. Vacated office‑holders must, within seven days of appointment of the Administrator, return CFMEU property and transfer trust property into the Administrator’s name, and deliver documents relating to CFMEU affairs (clause 5(1)(a)-(c)). The Administrator’s power to require these returns is clear; non‑compliance could reasonably be met with the disciplinary or referral powers the Administrator has, including referrals to law enforcement or regulators (clause 6(1)(h)).

Audits and information compulsion

Special Purpose Auditor powers and cooperation. The Administrator may appoint Special Purpose Auditors to prepare independent reports and may require cooperation from the Administrator and CFMEU office‑holders and employees (clause 13(1), (3)-(4)). The Administered Division and branches must pay the fees and expenses of such auditors (clause 13(5)). Clause 15 obliges full cooperation with audits and report preparation, and clause 9(1)(e) imposes an obligation to cooperate with law enforcement or regulator inquiries.

Referral to other agencies and civil proceedings

Referral authority. The Administrator may refer the conduct of current or former officers, officials, delegates or employees to any body established or office holder appointed under Commonwealth, State or Territory law; the Administrator may also refer allegations of unlawful conduct to appropriate law enforcement agencies, regulators or decision‑makers (clause 6(1)(h)). The Administrator may commence and discontinue proceedings in the CFMEU’s name for recovery of funds or property, and to seek remedies under the FWRO Act or any other law (clause 6(1)(i)).

Financial enforcement

Payment of audit and engagement costs. The Scheme requires the Administered Division and branches to pay the fees and expenses of any Special Purpose Auditor and to bear costs of persons engaged by the Administrator (clause 8(1); clause 13(5)). The CFMEU indemnifies the Administrator against claims and related defence costs (clause 16(1)).

Scheme supremacy and rule suspension

Prevail over rules. The Scheme operates notwithstanding anything in the National Rules or Divisional Rules and prevails where inconsistent (clause 4(1)). Schedule 1 of the Divisional Rules does not take effect until further determination (clause 4(3)). Resolutions made prior to the Administration that empowered persons to exercise powers under the now‑vacated structures do not have effect (clause 4(4)). Those features limit the enforcement routes that previously operated under the rules in favour of the Administrator’s regime.

Practical enforcement outcomes

Employment termination by operation and managerially. The Scheme produces immediate employment consequences for persons whose paid roles exist solely by reason of vacated offices (clause 3(1)(b)). The Administrator retains managerial capacity to terminate employees and delegates (clause 6(1)(g); clause 12(b)).

In summary, enforcement under the Determination is primarily administrative and managerial: removal and suspension by the Administrator, compulsion to return property and documents, obligations to cooperate with audits and regulators, payment of audit and engagement costs by the Administered Division and branches, and referral to external enforcement bodies. The instrument leaves the mechanisms for enforcing non‑compliance to the Administrator’s exercise of those powers and to any external legal processes that might follow referrals or civil proceedings commenced by the Administrator.

The Determination is made under, and expressly interacts with, specified provisions of the FWRO Act and acknowledges interactions with the Fair Work Act (FW Act). The instrument repeatedly references statutory sections and certified rules and constrains or supplements them as described below.

Statutory basis and statutory interactions

Authority: The instrument is made under s 323B(1) of the FWRO Act (clause 3). The Administrator is to be appointed under s 323C of the FWRO Act (clause 2(1) referencing paragraph 323B(3)(a)), and the Administrator must report to the Minister in accordance with s 323T of the FWRO Act (clause 10(1)). The complaints procedure must comply with s 323HA of the FWRO Act (clause 11). The instrument refers to the Administrator altering rules in accordance with s 323H (clause 4(2)). The Scheme also notes it operates notwithstanding anything in the National Rules or Divisional Rules consistent with s 323F (clause 4(1)).
General Manager appointment: The term General Manager is defined as the person appointed to that office of the Fair Work Commission under s 660 of the FW Act (Annexure A definitions). The General Manager has the role of appointing or terminating the Administrator as set out in clause 2(2)-(3), which is consistent with FW Act mechanisms for the General Manager’s office.

Rules and certified instruments

National Rules and Divisional Rules: The instrument explicitly states that it operates notwithstanding anything in the National Rules or Divisional Rules and that the Scheme prevails to the extent of any inconsistency (clause 4(1)). The Administrator may alter Divisional Rules where they cannot otherwise be altered because of the administration, and must undertake alterations in accordance with s 323H of the FWRO Act (clause 4(2)). The Determination also suspends Schedule 1 of the Divisional Rules until further determination (clause 4(3)).
Certified rules under s 161: The instrument’s Annexure A definition of “Divisional Rules” and “National Rules” refers to rules certified under s 161 of the FWRO Act. Thus the Determination sits in an interactional field where certified rules would normally govern internal organisation; the Scheme displaces those certified rules to the extent inconsistent.

Interaction with employment law and FW Act instruments

Employment consequences: Clause 3(1)(b) provides for termination of employment or paid positions that exist by virtue of a vacated office. Clause 7(1) permits the Administrator to direct employees to take leave or perform different work “subject to that direction being made in accordance with the FW Act or any instrument made under the FW Act” (clause 7(1)(a)). That expresses an internal constraint acknowledging that directions affecting employment must be lawfully made in the employment law context. The Scheme therefore interacts with the FW Act as it regards employee entitlements and instruments made under the FW Act.
Cooperation with inquiries and regulators: Clause 9(1)(e) obliges the Administrator to comply with any obligations to cooperate with inquiries into the CFMEU or its officers undertaken by law enforcement or regulators including the Fair Work Ombudsman or the Fair Work Commission. Clause 6(1)(h) permits the Administrator to refer matters to those bodies. Those cross‑references establish channels between the Administrator’s investigations and statutory enforcement agencies.

Data and privacy considerations

Member lists and personal data: Clause 5(2) requires Divisional Branch Secretaries to provide lists of members and delegates including residential addresses, phone numbers and email addresses to the Administrator. The instrument does not itself state any data‑protection framework or limits on disclosure; it therefore creates an obligation to provide personal data which may engage privacy laws, though the Determination does not explicitly reference privacy statutes.

Legal proceedings and remedies

Power to commence proceedings: Clause 6(1)(i) empowers the Administrator to commence and discontinue proceedings in the name of the CFMEU, including for recovery of funds or property and for the imposition of penalties or awarding of compensation as may be available under the FWRO Act or any other law. This provision positions the Administrator to operate within formal court, tribunal or statutory enforcement processes under existing laws.

Scheme supremacy and certified rules

Prevailing effect: Clause 4(1) expressly states the Scheme operates notwithstanding anything in the National Rules or Divisional Rules and prevails to the extent of inconsistency. That is an internal statutory displacement authorised by the FWRO Act (see s 323F as referenced). Any conflict between the Scheme and those rules is intended by the instrument to be resolved in favour of the Scheme.

Ministerial and executive oversight

Ministerial reporting and variation. Clause 10 requires written reports to the Minister as and when required by s 323T of the FWRO Act, and clause 6(1)(j) allows the Administrator to request the Minister exercise their power to vary or revoke the Scheme. Those provisions align the Scheme with statutory oversight and variation mechanisms under the FWRO Act.

In sum, the Determination is designed to operate within the FWRO Act framework and to displace or override internal certified rules of the CFMEU for the duration of the administration. It interacts with the FW Act in the employment context by recognising employment directions must be made in accordance with that Act, and it establishes reporting and cooperation obligations with existing statutory regulators and law‑enforcement agencies. The Determination does not, however, itself amend those statutes; it relies on the FWRO Act powers conferred on the Attorney‑General and the Administrator to effect the governance change.

The instrument contains a commencement schedule and an explicit note about the commencement table; it also records no amendments within the text provided. Specifics visible in the instrument are as follows:

Commencement. Clause 2 sets out the commencement arrangement: “The whole of this instrument” commences immediately after registration, specified at 8.30 am (A.C.T.) on 23 August 2024 (clause 2(1) and the commencement table). The instrument includes a note that the table relates only to provisions as originally made and will not be amended in the instrument to deal with later amendments (clause 2, note). That wording indicates this copy is the original instrument as made on the date indicated.
No recorded amendments in the text. The Determination does not include any subsequent amendment items, schedules, or textual insertions that would indicate changes to the Scheme since original registration. Annexures A-C and the body of the instrument present as a single, coherent Determination, with no marginal notes or amendment clauses in the provided copy.
Provisions for variation and revocation. The Scheme itself provides a mechanism by which the Administrator may request the Minister exercise their power to vary or revoke the Scheme (clause 6(1)(j)). Clause 4(2) contemplates alteration of Divisional Rules where administration prevents normal alteration, and the Administrator must undertake such alterations in accordance with s 323H of the FWRO Act. There are also provisions for termination of the Administrator’s appointment by the General Manager and subsequent appointment of another person (clause 2(2)-(3)), but those are internal operational provisions rather than formal amendments to the Determination.
Continuity of certain provisions. Clause 4(3) records that Schedule 1 of the Divisional Rules does not take effect “until further determination”. That is an internal temporary suspension of a rule component pending further action; it is recorded as a current effect rather than as an amendment history.

Practical reading

As drafted, the instrument is a single, original Determination with an immediate commencement date and no embedded amendment history contained in the provided text. Any future amendments, revocation or variation of the Scheme would either be made by the Minister under the FWRO Act or by a further determination, or may follow from the Administrator’s request under clause 6(1)(j). None of those prospective actions are recorded in this instrument as having taken place.

If a practitioner requires the subsequent amendment history (post‑commencement changes, revocations, or further determinations), the Determination itself prescribes mechanisms for variation and revocation but does not record any such events. The primary source for any later changes will be subsequent statutory instruments or determinations and the registers maintained by the Commonwealth that record such instruments.

The Determination text supplied contains no record of litigation, judicial challenge, or tribunal proceedings arising from this instrument. The instrument itself neither references any past litigation nor records any pending court or tribunal matters concerning its validity or operation.

What the instrument does provide relevant to possible litigation:

Power to commence proceedings. Clause 6(1)(i) gives the Administrator the power to commence and discontinue proceedings in the name of the CFMEU, including for recovery of funds and/or property and for imposition of penalties or compensation. This provision locates the statutory authority for the Administrator to initiate civil or regulatory litigation in the CFMEU’s name, but it does not record any specific proceedings being commenced.
Referral to enforcement agencies. Clause 6(1)(h) authorises referrals to any body established under Commonwealth, State or Territory law and to law enforcement agencies or regulators. That could lead to external enforcement action, but again none is recorded in the Determination.
Indemnity and defence costs. Clause 16 requires the CFMEU to indemnify the Administrator for claims, proceedings or complaints in connection with the Administrator’s exercise or non‑exercise of functions under the Scheme, including defence costs. That anticipates litigation risk for the Administrator and assigns the financial responsibility to the CFMEU, but it does not document any existing litigation in the Determination.
Reporting obligations. Clause 10 requires reports to the Minister in accordance with s 323T of the FWRO Act, which could include disclosure of investigations or legal steps the Administrator has taken, but the Determination provided contains no such reports.

Practical note

The instrument does not supply a litigation history. If a reader seeks to know whether any litigation has been commenced by the Administrator, or challenges have been mounted against the Determination’s validity, the Determination establishes the administrator’s powers to commence litigation but does not report any concrete proceedings. Any existing or future litigation will be external to this instrument and must be identified from court or tribunal records, agency releases, or later ministerial/administrative reports.

The Determination contains several operational provisions that create high‑priority compliance and risk considerations. These are practical “gotchas” for office‑holders, members, administrators and advisers, derived directly from the Scheme’s clauses.

Seven‑day property and data handover deadline (clause 5(1)-(2)). Persons whose offices are vacated must return all CFMEU property and deliver documents within seven days. They must also transfer into the Administrator’s name any property held in trust for the CFMEU. Divisional Branch Secretaries must provide member and delegate lists including residential addresses, telephone numbers and email addresses within seven days (clause 5(2)). Missed deadlines create immediate non‑compliance with specific Scheme obligations and may expose the person to disciplinary action or referral.
Employment termination by operation of the Scheme (clause 3(1)(b)). Where employment or paid official positions exist solely by reason of a vacated office, that employment or paid position is terminated automatically on commencement of the Administration. That can be an immediate employment and payroll issue; the Scheme does not itself spell out severance, redundancy entitlements, or other contractually implied entitlements,those will need to be examined against the FW Act and employment contracts. However, the Scheme’s effect is operational and immediate.
Suspension of rule‑based authorities and schedule suspension (clauses 4(1), 4(3)-(4)). The Scheme operates notwithstanding National or Divisional Rules, and Schedule 1 of the Divisional Rules is suspended. Pre-existing resolutions empowering persons to exercise delegated powers cease to have effect (clause 4(4)). Organisations relying on delegated authorities under the Rules may find those delegations ineffective and must look to the Administrator for authorisation.
Broad disciplinary reach, including retrospective conduct (clause 12(a)-(c)). The Administrator can take disciplinary action for conduct occurring before the administration. The Administrator determines the disciplinary process provided procedural fairness is given, but the breadth of the power includes retrospective application. Parties should note the Administrator’s capacity to determine process and sanctions, including re‑admission bans for up to five years (clause 12(e)).
Payment of audit and engagement costs (clauses 8(1), 13(5)). The Administered Division and branches bear the expense of persons engaged by the Administrator and Special Purpose Auditor fees. Those costs are concentrated on the Administered Division rather than being borne by the Commonwealth. Organisations should prepare for potentially significant immediate outlays.
Indemnity for the Administrator (clause 16). The CFMEU must indemnify the Administrator for claims arising from the Administrator’s exercise or non‑exercise of Scheme powers, including defence costs and compensation payments. If the CFMEU’s funds are constrained, this indemnity could create a direct financial liability on the organisation and may affect available funds for operational purposes.
Data privacy and disclosure risk (clause 5(2)). The mandatory transfer to the Administrator of member lists with personal contact details creates risk intersections with privacy and data protection laws. The Scheme does not limit or circumscribe use or onward disclosure of that data. Entities supplying personal data should consider privacy law obligations, but the Determination itself imposes a direct obligation to provide that data to the Administrator within seven days.
Electoral control and timing (clauses 7(3), 14). The Administrator controls whether elections proceed for offices not vacated and must ensure elections for vacant offices are conducted before administration ends. The Administrator can extend terms of unvacated offices that end during the administration (clause 7(2)). That centralises control over democratic processes and election timing into the Administrator’s hands, with limited recourse under the Scheme.
Delegation and proxy voting (clause 6(3); clause 7(5)). The Administrator may delegate powers in writing and may appoint proxies to represent the Administered Division at national and state bodies and provide voting instructions. This creates an operational complexity for bodies expecting representation from the Division; proxies must be separately appointed for each meeting.
Interaction with employment law obligations under the FW Act (clause 7(1)(a)). While the Administrator may direct employees to take leave, the direction must be made in accordance with the FW Act or instruments made under it. Practitioners must align managerial directions with statutory employment obligations to avoid employment disputes.
No recorded transition provisions for returned documents/entities (clauses 5, 6). The Scheme requires return of property and documents but does not set out detailed transitional arrangements for ongoing contracts, accounts, grants, or legal obligations the Division may have. Administrators and external counsel will need to triage continuity of contracts and banking relationships promptly.
Prevalence over certified rules (clause 4(1)). Because the Scheme prevails over National and Divisional Rules where inconsistent, parties cannot rely on certified rule protections to trump the Administrator’s decisions for the duration of administration. This affects dispute resolution procedures embedded in those rules.

These are concrete, operational points embedded in the Determination. Parties should treat the seven‑day deadlines, the employer/employee consequences, the financial obligations to pay auditor and engagement costs, and the indemnity as immediate priorities. Advisers should also map overlaps with employment law and privacy obligations, and prepare for the Administrator’s investigative and disciplinary powers.

This section sets out concrete, source‑grounded steps for compliance by the principal categories of persons and entities named in the Scheme: (A) vacated office‑holders and former paid officials, (B) Divisional Branch Secretaries and office‑holders required to provide member data, (C) employees and delegates who remain in office, (D) the Administered Division and its financial officers, and (E) administrators, legal advisers and external auditors. Each step is tied to the relevant clause(s) in the Determination.

A. Vacated office‑holders and former paid officials (Annexure B positions)

Immediate property and documents handover. Within seven days of the Administrator’s appointment, deliver to the Administrator or their nominee all CFMEU property in your possession, custody or control, including cars, building/security passes, credit cards, mobile phones, laptops, passwords and other access requirements for email, social media or other communication channels (clause 5(1)(a)). Also deliver all documents, in hard copy, electronic or other format, relating to the affairs of the CFMEU, the Administered Division or any Administered Divisional Branch (clause 5(1)(c)).
Transfer of trust property. If you hold any property on trust for or on behalf of the CFMEU/Division/Branch, effect the transfer of that property into the name of the Administrator promptly (clause 5(1)(b)).
Expect communication from the Administrator. The Administrator will write to vacated office‑holders to inform them of the vacation of their office and obligations under the Scheme (clause 3(4)). Retain copies of all correspondence and receipts for returned property.
Address employment consequences. If you are an employee or paid official whose employment arises solely by reason of holding the vacated office, your employment is terminated as of commencement; seek records and advice on entitlements under the Fair Work Act and employment contracts (clause 3(1)(b)). The Scheme does not itself set out redundancy or termination payments; treat this as a priority for payroll and HR assessment.

B. Divisional Branch Secretaries and those providing member/communications data

Produce member and delegate lists within seven days. Divisional Branch Secretaries of Administered Divisional Branches must provide to the Administrator a list of all members and delegates, including current residential and postal addresses, telephone and mobile numbers, and email addresses in their possession (clause 5(2)). Ensure the list is complete and accurate.
Record handling of personal data. Maintain an audit trail of how the data was prepared and transmitted and who authorised release. While the Scheme does not specify limits on use, retain documentation to demonstrate compliance with clause 5(2) and to respond to any privacy queries.
Assist in register maintenance. Be prepared to assist the Administrator to keep and maintain the copy of the register of members as it relates to the Administered Division and branches, and to record any changes in membership and financial status during the administration (clause 9(1)(d)).

C. Employees, delegates and office‑holders who remain in post (Annexure C and others)

Follow Administrator directions. If you continue in office or employment, obey any directions given by the Administrator (clause 7(1)(a)-(e)). Directions may include taking leave, performing different duties, exclusion from premises or systems, returning property, or refraining from speaking for the Division.
Expect term extensions or election controls. Be aware the Administrator may extend your term if it ends during the administration (clause 7(2)), and no election for your office may be held without written authorisation from the Administrator (clause 7(3)). Seek written authorisation before attempting to run electoral processes.
Preserve records and cooperate with audits. Cooperate in full with any audit or Special Purpose Auditor appointed (clause 13(4); clause 15). Gather governing documents, financial ledgers, email archives, social media accounts and other records likely to be required.

D. Administered Division, financial officers and trustees

Budget for Administrator costs and auditors. Be prepared to pay the fees and expenses of persons engaged by the Administrator and any Special Purpose Auditor (clauses 8(1), 13(5)). Immediate cashflow planning should reflect potential significant outlays.
Preserve and transfer financial control as directed. Expect the Administrator to appoint Divisional Trustees and to transfer assets into those trustees’ names (clause 6(1)(d)). Account signatory changes, banking mandates, investment accounts and creditor arrangements should be prepared for immediate review and changeover.
Prepare for possible litigation or asset recovery. The Administrator may commence or discontinue proceedings in the CFMEU’s name (clause 6(1)(i)). Preserve documents and evidence relating to accounts, property transfers, loans and consultancy payments. Legal counsel should be engaged early to triage potential claims.

E. Administrator, General Manager, Minister and external advisers

Administrator operational steps. On appointment, the Administrator should: (a) write to vacated and unvacated office‑holders notifying them of their status and obligations (clause 3(4)-(5)); (b) require delivery and transfer of property and documents within the seven‑day period (clause 5(1)); (c) request member registers from branch secretaries (clause 5(2)); (d) establish a complaints procedure and publicise it per s 323HA (clause 11); (e) appoint Special Purpose Auditors where appropriate and set terms of reference (clause 13(1)-(3)); (f) begin investigations as necessary (clause 9(1)(a)).
Reporting to the Minister and scheduling audits. Prepare reports to the Minister as and when required by s 323T of the FWRO Act (clause 10(1)). If intending to seek variation or revocation, prepare Special Purpose Auditor reports on financial position and significant financial risks to inform any Ministerial request (clause 13(2)).
Exercise procedural fairness in disciplinary processes. If suspending or expelling members, ensure processes afford procedural fairness as required by clause 12(d). Document reasons and preserve records in case of review or external scrutiny.
Use delegations and proxies carefully. Any delegation of powers must be in writing (clause 6(3)). When appointing proxies to national or state bodies, provide separate written instruments for each meeting and consider written voting instructions, particularly where a vote may adversely affect members’ interests (clause 7(5)).
Coordinate with regulators and law enforcement. Where there are potential breaches of law, refer matters to the appropriate body (clause 6(1)(h)) and cooperate with inquiries (clause 9(1)(e)). Ensure secure handing over of evidence in compliance with legal standards.

General compliance advice

Document every step. The Scheme grants wide discretionary powers; parties should record all actions and retain contemporaneous evidence of handovers, directions, compliance and communications with the Administrator.
Seek legal and employment advice promptly. Employment terminations by operation of the Scheme and managerial directions that affect employee entitlements may engage the FW Act and employment contracts (clause 3(1)(b); clause 7(1)(a)). Early advice reduces risk.
Prepare for immediate financial obligations. The Administered Division must pay for engagements and auditors. Financial officers should prepare to account for these liabilities and supervise transfers into trustee names as directed (clauses 8(1), 13(5), 6(1)(d)).
Maintain confidentiality and security controls during handover. Return of devices, passwords and access credentials (clause 5(1)(a)) requires secure transfer protocols to preserve client and member confidentiality and to avoid data breaches.

Adhering to these steps, anchored to the specified clauses, will position the CFMEU, its officers and members to meet the Scheme’s immediate obligations and to engage constructively with the Administrator’s investigatory and governance work.

Fair Work (Registered Organisations) (CFMEU Construction and General Division Administration) Determination 2024

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