As members would be aware, the Construction and General Division of many branches of the CFMEU was placed under administration during August 2024.
The authority to place these branches into administration was derived from Parliament enacting several amendments to the Fair Work Act 2009 which established the administration scheme, ultimately resulting in Mr Mark Irving KC being appointed as administrator.
The administration scheme provided for, amongst other things, the removal of several identified officers and their termination of employment. Amongst the officers to be removed was the Divisional Branch Secretary and Divisional Branch Assistant Secretary of the Construction and General Queensland-Northern Territory Divisional Branch of the CFMEU (Mr Michael Ravbar and Kane Lowth).
As a result of their removal, Ravbar and Lowth launched an application in the High Court challenging the validity of the legislation executed by the Federal Government to establish the administration scheme.
The High Court delivered its judgment on 18 June 2025 and unanimously rejected each of the arguments made by Ravbar and Lowth, confirming the Federal Government’s constitutional right to administer the CFMEU. You can read the judgment here.
This decision is welcomed by the MBA ACT and removes any doubt about the validity of the administration of the CFMEU.
