Sarah ThompsonMark Irving KC, the independent administrator overseeing the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), is stepping down after approximately 20 months in charge — leaving 120,000 construction workers at a critical junction for their workplace rights.
What Is the CFMEU Administration?
The federal government placed the CFMEU's Construction and General Division under independent administration on 23 August 2024, following a wave of allegations: criminal infiltration, bikie gang connections, and systematic bullying within the union's Victorian branch. Attorney-General Mark Dreyfus invoked emergency legislation to remove elected officials and hand control to an independent administrator.
The move was unprecedented in modern Australian industrial relations. According to the Fair Work Commission, approximately 270 union officials were forced to vacate their offices. The administrator was granted sweeping powers — the ability to change union rules, sell assets, and dismiss staff without member approval — with the administration period set at up to five years.
The CFMEU mounted a High Court challenge. On 18 June 2025, it failed: the court ruled the administration "valid in all of its applications," clearing the path for major structural reform to one of Australia's most powerful unions.
Why the Timing of Irving's Departure Matters
Mark Irving KC is a respected industrial relations barrister who took on one of the most politically charged roles in recent Australian history. His exit, roughly 20 months into the administration, signals a transition point — not an endpoint.
For the industry, the stakes are enormous. The Australian Constructors Association has characterised the broader industrial relations environment as a "$60 billion problem," citing productivity losses and workforce disruption across major infrastructure projects nationwide. Over 200,000 workers protested the administration when it began, reflecting how raw the political sentiment remains.
For individual construction workers, the more urgent question is simpler: who is watching out for their rights right now?
Your Rights During a Union Administration
Union administration does not extinguish your legal protections. The Fair Work Act 2009 remains your primary shield. Your entitlements — minimum wages, safe working conditions, protection from unfair dismissal, access to dispute resolution — are set by law, not by union leadership. They survive any change in who runs the union.
What does change is the practical infrastructure around grievance-handling. The shop steward, the branch rep, the union hotline — these mechanisms may be slower or less responsive during a leadership transition. Workers who would ordinarily escalate a workplace dispute through their union can find themselves without the usual support.
This is precisely when independent legal advice becomes critical.
Employment lawyers familiar with union administration cases consistently make the same point: the legal protections do not disappear, but the person who would ordinarily help you access them might. Understanding your rights before a dispute arises — not after — is the only reliable position.
What the Fair Work Ombudsman Is Doing
The Fair Work Ombudsman has remained active throughout the administration. Litigation is underway against several former CFMEU officials, including John Setka, Joel Shackleton, and Gerald McCrudden, for alleged breaches of their duties to union members. These proceedings signal that accountability — from both the union and individual officials — remains an active legal matter.
Workers who believe their employer has underpaid them, denied entitlements, or engaged in coercion during this period have the same right to lodge a complaint with the Fair Work Ombudsman as at any other time. The administration of the union does not create a legal grey zone for workers — it just removes some of the usual support structures.
Practical Steps if You Have a Workplace Concern
Whether you are a current CFMEU member or an unrepresented construction worker, these steps apply:
Document everything immediately. Keep records of hours worked, pay received, communications with your employer, and any workplace incidents. This evidence is foundational in any dispute resolution or legal process.
Contact the Fair Work Ombudsman directly. The FWO operates independently of any union and can investigate underpayment, unsafe conditions, or workplace bullying. You do not need union representation to lodge a complaint.
Be aware of strict timeframes. Unfair dismissal applications must be filed within 21 days of dismissal. General protections claims follow the same window. Missing these deadlines typically forfeits your right to pursue a claim, regardless of the merits.
Seek independent legal advice for complex matters. An employment lawyer can review your enterprise agreement or workplace award, clarify your entitlements, and advise whether a workers' compensation claim, unfair dismissal application, or general protections action is appropriate to your situation.
What Comes Next for the Construction Sector
The CFMEU administration is not over with Irving's departure. Australia's construction industry is watching closely, with billions of dollars in infrastructure projects — from Victoria's Big Build to federal housing programs — riding on stable industrial relations.
Employers also face uncertainty. Enterprise agreements negotiated during the administration may face ongoing legal scrutiny. Contractors who previously relied on the union's presence to manage site safety and workforce relations may need to build new compliance structures of their own.
For workers, the consistent message from employment law experts is the same: do not assume someone else is protecting your interests during this transition. Take an active role in understanding your entitlements, keep records of your working conditions, and know exactly where to turn for independent help.
If you are unsure about your rights on a construction site in 2026, speaking with an employment lawyer is the fastest way to get clarity before a small problem becomes a serious one.
This article provides general information about Australian employment law and does not constitute legal advice. For advice specific to your situation, consult a qualified employment lawyer.
