This bill became law on Aug 22nd, 2024.
Work & employment
The law puts the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches.’s Construction and General DivisionThe part of the CFMEU that the bill allowed to be placed under external administration. and all its branches into external administration, with a government-approved scheme taking control for up to five years.
Serious allegations of corruption, criminal conduct, bullying and workplace law breaches in the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches.’s Construction and General DivisionThe part of the CFMEU that the bill allowed to be placed under external administration., plus no effective way under its rules to fix the problem, triggered the bill. It puts the division and its branches into administration so an administratorAn external person appointed to take control of specified parts of the organisation during administration. can take control, investigate past conduct, and remove officials.
The CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches.’s Construction and General DivisionThe part of the CFMEU that the bill allowed to be placed under external administration. was already carrying a long record of workplace-law breaches, with the explanatory memorandum saying that since 2003 it had been found to have contravened federal workplace laws more than 1,500 times and fined at least $24 million. After serious allegations of corruption, criminal conduct, bullying and harassment emerged in July 2024, and the Fair Work Commission’s General Manager concluded the union’s rules offered no effective fix, the government moved quickly from a Federal Court application to legislation that forced the division and its branches into external administration once Parliament passed the bill in August 2024.
The main criticism was that the bill gives extraordinary takeover powers over the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches. without enough court process, procedural fairness or safeguards, creating a risk that innocent officials or members could be removed or blacklisted. That case was pressed most clearly by the Greens, while some Coalition and crossbench senators raised narrower drafting and oversight concerns but mostly shifted to conditional or amended support rather than opposing the bill outright.
Senator Murray Watt introduced this bill. It passed with support from Labor, Liberal Party, Nationals, One Nation, some crossbench members; opposed by Greens.
Did it become law?
Yes
Became law 22 Aug 2024
Final passage
Recorded final vote
1 counted final-passage vote was recorded.
Passage speed
10 days
From introduction to the latest recorded parliamentary step
Meaning
The law puts the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches.’s Construction and General DivisionThe part of the CFMEU that the bill allowed to be placed under external administration. and all its branches into external administration, with a government-approved scheme taking control for up to five years.
The administration scheme must let the administratorAn external person appointed to take control of specified parts of the organisation during administration. suspend or remove officials, expel members, and ban officials from office for up to five years, even if the union’s own rules would not normally allow it.
The administratorAn external person appointed to take control of specified parts of the organisation during administration. can investigate past conduct in the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches. Construction and General DivisionThe part of the CFMEU that the bill allowed to be placed under external administration. and its branches, not just problems that happen after the takeover starts.
The law requires a written complaints process for members of the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches. Construction and General DivisionThe part of the CFMEU that the bill allowed to be placed under external administration., with complaints able to be referred to police or workplace regulators and covered by whistleblower protections.
People removed under the takeover cannot return as union officials or employees unless they get a certificate from the Fair Work Commission.
(2) The administration ends on the fifth anniversary of the day it began (unless ended sooner under section 323D).Fair Work (Registered Organisations) Amendment (Administration) as-passed bill text
(e) the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;Fair Work (Registered Organisations) Amendment (Administration) as-passed bill text
(2A) To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.Fair Work (Registered Organisations) Amendment (Administration) as-passed bill text
(11) For the purposes of Part 4A of this Chapter (protection for whistleblowers):Fair Work (Registered Organisations) Amendment (Administration) as-passed bill text
323MB Removed person must not become an officer or employee etc. in organisation without a certificateFair Work (Registered Organisations) Amendment (Administration) as-passed bill text
Context
The CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches.’s Construction and General DivisionThe part of the CFMEU that the bill allowed to be placed under external administration. was already carrying a long record of workplace-law breaches, with the explanatory memorandum saying that since 2003 it had been found to have contravened federal workplace laws more than 1,500 times and fined at least $24 million. After serious allegations of corruption, criminal conduct, bullying and harassment emerged in July 2024, and the Fair Work Commission’s General Manager concluded the union’s rules offered no effective fix, the government moved quickly from a Federal Court application to legislation that forced the division and its branches into external administration once Parliament passed the bill in August 2024.
CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches. construction division builds a long record of workplace-law breaches
The explanatory memorandum says the union’s construction arm had been found to have contravened federal workplace laws more than 1,500 times in about 213 proceedings, with at least $24 million in penalties against the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches..
Fair Work (Registered Organisations) Amendment (Administration) explanatory memorandum ↗Serious allegations emerge against CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches. construction officials and associates
The explanatory memorandum says media reporting in July 2024 raised allegations including corruption, criminal conduct, bullying, harassment and disregard for workplace laws inside the Construction and General DivisionThe part of the CFMEU that the bill allowed to be placed under external administration..
Fair Work (Registered Organisations) Amendment (Administration) explanatory memorandum ↗Fair Work Commission General Manager applies to the Federal Court
The General Manager applied for a declaration to support administration after forming the view that most branches could no longer function effectively and that the union’s rules had no effective way to fix the situation.
Fair Work (Registered Organisations) Amendment (Administration) explanatory memorandum ↗Government introduces the bill to force external administration
Introducing the bill, the minister said the allegations demanded urgent action so an administratorAn external person appointed to take control of specified parts of the organisation during administration. could take control, investigate past conduct and remove officials if necessary.
Hansard ↗Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for the statutory administration scheme to be imposed on the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches. division and its branches.
Parliamentary timeline ↗Royal Assent makes the takeover law
Royal Assent turned the bill into an Act, allowing the new external administration regime to take legal effect.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Recorded vote: 39 to 10.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The Senate considered and agreed to amendment packages before moving separately to the final passage vote.
Committee of the Whole debate: amendment details recorded
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered the bill in detail and dealt with amendments before the next stage.
Consideration in detail debate
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal Assent, turning the bill into an Act.
Key criticism
The main criticism was that the bill gives extraordinary takeover powers over the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches. without enough court process, procedural fairness or safeguards, creating a risk that innocent officials or members could be removed or blacklisted. That case was pressed most clearly by the Greens, while some Coalition and crossbench senators raised narrower drafting and oversight concerns but mostly shifted to conditional or amended support rather than opposing the bill outright.
Most non-Greens criticism focused on safeguards, ministerial discretion and whether the bill was tough enough.
Too much power without enough due process
Critics argued the bill lets an external administratorAn external person appointed to take control of specified parts of the organisation during administration. and government-backed scheme remove officials, expel members and block people from office with unusually broad powers and too few legal safeguards. They warned this could punish people who were not personally proved to have done wrong.
Dangerous precedent for government control of unions
Opponents said the bill is unprecedented and could set a broader precedent for governments to seize control of membership-based organisations they dislike, rather than relying on ordinary court and regulatory processes.
Weak drafting and too much ministerial discretion
A separate line of criticism was that the bill, as first drafted, was rushed, vague and left too much discretion with the minister, with unclear objectives, limited benchmarks for success and not enough transparency or oversight of the administration period.
Further sources
Votes
The chamber-passage votes come first. Expand a vote to see the party breakdown.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Passed 47 to 10. Support came from Labor, Liberal Party, Nationals, One Nation, and minor parties and independents. Opposition came from Greens.
Earlier bill-stage votes
Passed 39 to 10. Support came from Labor, Liberal Party, One Nation, Nationals, and minor parties and independents. Opposition came from Greens.
Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.
House
Passed 76 to 70. Support came from Labor. Opposition came from Liberal Party, Nationals, Greens, Centre Alliance, and minor parties and independents. Minor-party and independent votes were split.
This cut off further second-reading debate and allowed the House to move immediately to the final second-reading vote.
Passed 75 to 67. Support came from Labor. Opposition came from Liberal Party, Nationals, Greens, Centre Alliance, and minor parties and independents. Minor-party and independent votes were split.
This ended debate at the detail stage and forced the chamber to proceed without further discussion of amendments or clauses.
Senate
Passed 46 to 10. Support came from Labor, Liberal Party, One Nation, Nationals, and minor parties and independents. Opposition came from Greens.
This would have sharpened the bill’s restrictions on removed people and clarified how the bar applies while an administration is running.
Passed 45 to 10. Support came from Labor, Liberal Party, One Nation, Nationals, and minor parties and independents. Opposition came from Greens.
This counted amendment vote added procedural safeguards for complaints and whistleblower protectionProtection for people who make complaints or disclosures about misconduct connected with the organisation or its administration. during administration.
Defeated 10 to 46. Support came from Greens. Opposition came from Labor, Liberal Party, One Nation, Nationals, and minor parties and independents.
These were second-reading amendments aimed at narrowing the administratorAn external person appointed to take control of specified parts of the organisation during administration.’s reach and strengthening protections, not direct changes to the bill text in this division.
Passed 46 to 10. Support came from Labor, Liberal Party, One Nation, Nationals, and minor parties and independents. Opposition came from Greens.
The proposed change was agreed.
The APH progress record says Opposition and Jacqui Lambie Network amendments were agreed on voices.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
The APH progress record says three Independent amendments were agreed on voices.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
This list includes amendment votes, procedural votes and votes on the bill itself.
Parliamentary debate
Start here — lead voices
Watt says the government will back the bill so the Construction and General DivisionThe part of the CFMEU that the bill allowed to be placed under external administration. of the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches. can be placed into administration if that is in the public interest.
Read in Hansard ↗Duniam opposes the bill as drafted, saying it is ineffective and gives the minister too much discretion over the administration of the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches..
Read in Hansard ↗Fletcher says the coalition will support the bill because its amendments make it a tougher first step to clean up the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches., but he argues it still does not go far enough and should be followed by restoring the ABCC and further measures.
Read in Hansard ↗Spender supports the bill and says it is a critical first step to put an independent administratorAn external person appointed to take control of specified parts of the organisation during administration. over the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches., but argues it does not go far enough to fix the deeper problems in the construction industry.
Read in Hansard ↗All speeches by bloc
3 speakers · 3 support
“It's not about any issues which have been reported on in recent weeks, which deserve to be thoroughly investigated. They do have to be investigated. That's why I support this bill.”Read the full speech in Hansard ↗
“This bill provides an effective mechanism to enable the Construction and General Division of the CFMEU to be placed into administration if it is determined to be in the public interest. The government will continue to support strong action to address these issues.”Read the full speech in Hansard ↗
“The bill amends the Fair Work (Registered Organisations) Actto provide a clear pathway for the Construction and General Division of the CFMEU to be placed under administration.”Read the full speech in Hansard ↗
31 speakers · 35 contributions · 10 support · 5 oppose · 13 mixed · 3 unclear
“The legislation we have before us today, critically including the amendments secured by the coalition, is an important first step towards cleaning up the construction sector. It will be a long journey to change the truly atrocious culture entrenched by the CFMEU. We on this side of the House made it clear that we're not going to give the government a blank cheque so that they can pretend they are cleaning up their CFMEU public policy disaster only to have the crooks, thugs and criminals of the CFMEU run riot again a couple of years down the track. We will not support a weak response. It is vital the administrator has the teeth to clean up the disaster in the CFMEU and to regularly report to the Australian parliament about what it is doing. The amendments we have secured go a long way towards achieving this aim. This legislation, though, is not enough and must be complemented by bringing back the ABCC and removing criminals from the construction sector once and for all. I encourage all members to support this legislation and also to support the other bills the coalition has introduced designed to address these issues.”Read the full speech in Hansard ↗
“It is critical that this is not just a bandaid. It is critical that, after passing this administrator, the government doesn't just wash its hands, walk away and say: 'Mission accomplished; job done. CFMEU is reformed.'”Read the full speech in Hansard ↗
“Labor wants to rush this bill through—yesterday, if it could—without any scrutiny. If the Senate is to pass this temporary bill, it needs to be amended.”Read the full speech in Hansard ↗
“Let's be honest. They're trying to now pass legislation to fix the damage that they caused, but it doesn't go far enough; it goes nowhere near far enough. We need an inquiry to hear from the department, the Fair Work Commission and stakeholders about how this legislation will operate and whether it will actually be effective. The coalition has some serious concerns about this bill. It gives the minister far too much discretion over the administration process. Under the legislation, the minister could stop the administration at any time he chooses. Even if he doesn't choose to stop it, it's only got three years to run. At the end of three years, even if there are still problems with the CFMEU, the administration ceases. That's nonsense. It's acceptable.”Read the full speech in Hansard ↗
“One in three of the previous speakers mentioned the 20 amendments that the coalition is proposing. They're not secret. They're not hidden. They were put in a press release on 13 August, and the previous speaker went through them. They are reasonable. I don't think they go far enough in relation to a union that has caused such harm to individuals, such destruction to businesses and such harm to the taxpayer by inflating the cost of doing everything, especially in the state of Victoria. But they are there, and, if they are met, I will vote for the bill because it is something. But let's go back to that idea: 'Don't go so hard that the union turns rat on us.' Anyone looking at Mr Setka and seeing the tattoo he has around his neck will know: he is no rat. You can go harder because he won't turn. He has been a loyal soldier hiding secrets for the Labor Party for ever, and he won't turn now. You can go harder, and Australia needs you to go harder.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Jonathon Duniam on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Duniam opposes the bill as drafted, saying it is ineffective and gives the minister too much discretion over the administration of the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches.. He argues it needs substantial amendments to address conflict-of-interest concerns, reporting, and limits on union donations and campaigning before it should proceed.
“That is why I now want to turn to some of the things that our shadow minister, Senator Cash, referred to. The holes in the legislation, the shortcomings—many in number—render this bill ineffective. It does not do what the government claim it will do.”Read this contribution in Hansard ↗
Second reading speech
Jonathon Duniam opposes the bill in its current form, saying the government is rushing it through with a guillotine motion instead of accepting reasonable coalition amendments. He argues that shows the bill has not been made fit for purpose.
“It reminded me of Minister Watt and his claims that everything is under control—that the government have got control of their agenda, so much so that they would march in here with a guillotine motion and they would demand that by the end of today we would have this bill passed, not having entertained one of the very reasonable amendments that have been put forward by the coalition to make this bill fit for purpose.”Read this contribution in Hansard ↗
“The bill as it stands gives Minister Watt complete control over administration. Given his past statements defending the CFMEU over many years, I doubt that that is a good judgment or in the public interest. That is why the coalition has recommended amendments to the bill, and we've also sought, as Senator O'Sullivan has said, to have a hearing and an inquiry into this bill, because it's so important that we get this right. The abolition of the cop on the beat here really is an unbelievable outworking of the last couple of years. It's been a bizarre parliament to be a part of, in fact, because not only have we rolled back tax reforms of previous parliaments but the parliament have rolled back integrity and governance improvements, including this and in the broader construction sector. We believe that reinstating the Building and Construction Commission would be a very good start. We think that this is an important institution, and we think that putting in place the ensuring integrity provisions is also absolutely important here.”Read the full speech in Hansard ↗
“This bill that is before us is an important bill; however, it does not go far enough. There are amendments that are necessary to improve this bill. It is a step in the right direction, granted, but it needs to go much further, and there have to be some loopholes closed in order for the coalition to support this.”Read the full speech in Hansard ↗
“So what are these amendments that the opposition is putting forward? They are pretty simple amendments. They are what you would call 'head-nod' amendments. But the Labor Party, the Greens and those other left-wing Independents who pretend to be centrist Independents certainly won't be supporting these. The first amendment will include that the administration of the CFMEU must apply to all branches of the CFMEU for a minimum of three years. That is a pretty good recommendation, you would think, considering how deep the corruption, the misbehaviour, the malfeasance, just the general appalling behaviour, are entrenched within all branches of the CFMEU. So you would think that would be a head nod.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by David Fawcett on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Fawcett says the coalition cannot support the bill in its current form and wants it changed before they back it. He argues it needs safeguards like a minimum term for administration, stronger transparency, and proper Senate scrutiny so it can actually hold the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches. to account.
“I cannot support this legislation unamended by the amendments proposed by the coalition.”Read this contribution in Hansard ↗
Second reading speech
Fawcett supports the bill passing, but says it is a Labor mess that needs stronger amendments if it is really going to change CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches. behaviour. He argues that, as drafted, the bill will not go far enough to fix the problem.
“I am very hopeful that the government will realise the Australian public are not going to put up with a government that's going to run a protection racket for a union that has been single-handedly destroying our economy for so many years I can hardly remember. If you really are genuine showing you actually have the strength of your own convictions then make sure this bill is amended in such a way as you are able to put hand on heart and say, 'The strength of the provisions in this bill will actually make a difference to the behaviour of the CFMEU.' As it currently stands, I doubt that will be the case.”Read this contribution in Hansard ↗
“What a shameful state of affairs we find ourselves in. In one of the most important industries in this country, the construction industry, which provides the infrastructure all Australians need—roads, rail, schools, hospitals—and is responsible for many projects building the houses that Australians need in the middle of a chronic housing shortage, we have a union, the CFMEU, that is dominating the industrial relations landscape and is just beyond the pale.”Read the full speech in Hansard ↗
“Consequences have actions, and, while we welcome the fact that the government have brought legislation into this place this week to address the issue that they knew about—the issue that they themselves created when they abolished the ABCC in relation to the CFMEU—we in the coalition would certainly like to see this bill strengthened up. Like I said, it goes part of the way to addressing these issues; it's not going to go the full way to rid Australia of the incredibly disgraceful behaviour of the CFMEU. You have to ask the question: well, why is that the case?”Read the full speech in Hansard ↗
“In short, this is a cosmetic fix only. It's designed to give the illusion or the appearance of action, but it ensures that the minister still holds all the power. It ensures that, when this issue is no longer on the front pages or dominating media interests, the minister could, if he or she wishes, end the administration very quickly, and the bill provides no benchmarks, no goalposts, no performance objectives that have to be met before the CFMEU can be allowed to function normally again. So we're concerned that this legislation does not go far enough, that it is just a temporary fix, and that is why we believe we need an inquiry into this bill—to scrutinise this legislation carefully.”Read the full speech in Hansard ↗
“We did the work to make this bill passable. Labor wanted a blank cheque to let the CFMEU off the hook. Shadow Attorney-General Michaelia Cash has sorted Senator Watt out on this one. The criminal activity, bullying, thuggery and intimidation within the CFMEU must stop, and we must crack down on this rogue union. We were not going to let this be a light-touch moment, because we know the need to clean up the construction industry. The government rushed this legislation into the parliament without adequate consultation and were dragged kicking and screaming to make sensible changes suggested by the coalition.”Read the full speech in Hansard ↗
“It is concerning that the government wants to rush this bill through without adequate scrutiny. It should be subject to proper and careful scrutiny. Rest assured, where the government has failed to act, the opposition has sensible, commonsense amendments to ensure that this bill does its job and that it is effective. The administration must apply to all branches of the CFMEU for three years, and the minister should not have the ability to end the administration early. The scheme of administration should only be able to be varied by the Federal Court on the application of the administrator. The legislation must clearly set out what must be in the scheme of administration. This should not be determined solely at the discretion or whim of any minister; it should be clearly set out. As I noted before, political donations, political campaigns, and advertising by the CFMEU should be explicitly banned during the period of administration. That is an entirely reasonable request and requirement, and it should have been in this legislation to begin with.”Read the full speech in Hansard ↗
“Labor has brought forward this bill not because new information has been found out but because they have been caught out protecting the CFMEU.”Read the full speech in Hansard ↗
“This legislation was brought on by the Labor Party abolishing the ABCC and deliberately allowing the CFMEU to run riot. They've been forced into this legislation, but they've presented legislation that will have no practical impact and that allows the chief cheerleader and supporter of the CFMEU over the years to, with a single stroke of a pen at any time, end the administration.”Read the full speech in Hansard ↗
“You need to give this bill teeth. You need to support all of our amendments, and only then would we agree to pass this bill.”Read the full speech in Hansard ↗
“The bill presented before us today falls well short of what is needed and what everyday, hardworking Australians should expect from their government. This bill, and the government's response to the CFMEU, confirms that Labor will continue to put their union masters first. For everyday Australians, hardworking Australians, hardworking small businesses, family businesses, investors and those retirees waiting for their superannuation funds to be maximised so they can enjoy their hard work in retirement—well, let's hope these amendments will be accepted so they don't have to watch, yet again, the Labor Party put union masters first and Australia's interests last.”Read the full speech in Hansard ↗
“I, too, would like to make a contribution on this extraordinary bill, the Fair Work (Registered Organisations) Amendment (Administration) Bill 2024.”Read the full speech in Hansard ↗
“As has been the common practice of the government, they're demanding that this very hastily drafted bill be passed forthwith, without adequate time for scrutiny and without inquiry. But, at least, we are currently having a debate. Despite this haste, we are applying our scrutiny to this bill. In the short time that we have had the bill, we've already identified some really key flaws, and we will be proposing amendments. So, if the government is serious about getting this bill through and cleaning up the CFMEU, and if they are serious about transparency and good governance, they will accept our amendments, because our amendments make this bill and the administration process more accountable and more practical.”Read the full speech in Hansard ↗
“We have to go back to the start of this Labor government and the tranches of industrial relations legislation that it has brought into this place and that, with the help of the Australian Greens and the crossbenchers, we have seen passed through this place. Those pieces of legislation were called all sorts of Orwellian things like 'closing the loopholes' or 'same job, same pay'—Orwellian phrases. They're Orwellian because they did not mean what they said and they did not do what they said.”Read the full speech in Hansard ↗
“Admittedly, the CFMEU don't want this legislation passed, which I have to say, to start with, is one incentive for me to support it and for the opposition to support it. But it needs significant improvement. Who on earth believes that the illegal activity and the corruption that exist within the CFMEU are going to be resolved within three years? Who believes that? This is accepted behaviour. This is the way the labour movement works. This is the way that the government has legislated it, to support the way the union movement works. It's part of their DNA. It's who they are. So this legislation needs serious amendment.”Read the full speech in Hansard ↗
“Australian workers deserve better, Australian employers deserve better, and if productivity and competition gains are to be achieved in our economy then reforms like this are necessary, and I suspect it will not be the last of them.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Michaelia Cash on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Michaelia Cash opposes the bill, arguing it was brought in to protect the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches. and reward Labor's union donors rather than genuinely clean up misconduct. She says the government only pretends to be concerned after years of corruption, violence and law breaking, and that it weakened the watchdog and penalties instead of acting sooner.
“We are here today because Prime Minister Albanese made the choice, a conscious choice, based on money flowing from the union movement, the CFMEU, to the Australian Labor Party to change workplace laws in Australia to directly benefit an organisation which has donated $6.2 million to the Australian Labor Party since Mr Albanese became leader—wow!”Read this contribution in Hansard ↗
Second reading speech
Cash opposes the bill and argues it needs major surgery because, as drafted, it gives the minister a blank cheque and would do little to actually fix the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches. problem. She says the government is using weak drafting to create the appearance of action while retaining too much discretion for the minister.
“Based on any analysis—and this is after talking to stakeholder after stakeholder after stakeholder last night—this legislation needs major surgery if it is to work. Quite frankly you've got to ask yourself: is the Labor Party pulling the wool over the media's eyes—because the media seem to believe what the Labor Party have said to date—and the Australian people's eyes? The legislation, if passed, does absolutely nothing, other than give the minister the ability to basically do—I would say 'anything he wants', but, in this case, it's 'anything he doesn't want'.”Read this contribution in Hansard ↗
Hansard records 2 separate contributions by Bridget McKenzie on this bill. They are grouped here so the speaker is listed once.
Second reading speech
McKenzie opposes the bill, saying Labor is rushing flawed industrial relations changes to protect its union allies rather than fix the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches. problems properly. She says the coalition will vote against the bill and its amendments because it does not clean up criminal and sexist behaviour in the union movement.
“Let me not even go to the rap sheet of what women have been subjected to, not just by John Setka. Everyone wants to point out that Mr Setka is somehow the only bad apple, the only sexist, in the CFMEU. I have sat here as a conservative woman for years and have been lectured to by the Labor Party, by the Greens, but by the Labor Party in particular, about how the standard you walk past is the standard you accept, and every single preselection season you turn a deaf ear to John Setka's sexism and the sexism that's embedded in the CFMEU. Those opposite don't care. It's okay. It means they get to be a senator for another six years. It means they get to be a minister in the next Australian Labor government. Well, you know what? A very smart man a few centuries ago said, 'When good people'—he actually said 'men', but let's say 'people' because it's the 21st century now—'don't stand up, bad stuff happens.' Just saying, 'It's okay. They're all not bad,' then coming in here and voting against our amendments to actually make sure criminals can't be union officials, somehow that's a bad policy?”Read this contribution in Hansard ↗
Second reading speech
Bridget McKenzie says the coalition will support the bill to put the CFMEUThe Construction, Forestry and Maritime Employees Union; this bill focuses on its Construction and General Division and related branches. into administration, but only if Labor adopts the coalition's 20 amendments to strengthen transparency, accountability, and the administratorAn external person appointed to take control of specified parts of the organisation during administration.'s powers. Her main concern is making sure the bill cannot be used as a loophole for organised crime to keep control of the union.
“I want to be really, really clear. The amendments that the coalition will put forward, the 20 recommendations for changes that need to be made to this legislation to put the CFMEU into administration, need to be adopted, because we do not want this bill, the Fair Work (Registered Organisations) Amendment (Administration) Bill 2024, to become a back door for bikies and organised crime to continue to control the CFMEU organisation and have an impact on worksites around this country.”Read this contribution in Hansard ↗
“And the Greens come in here today and talk about their support for the CFMEU. So, whilst the Labor Party has finally been dragged to this position of bringing in this administration bill, the first iteration of which was fundamentally flawed—and kudos to Senator Cash for standing her ground and forcing not one, not five, not 10, not 15 but 20 sensible amendments to that bill—the Greens come in here today still supporting the CFMEU. After everything that we have talked about, all of the bullying and harassment and illegal conduct, they still come in here.”Read the full speech in Hansard ↗
“This bill provides an effective mechanism to enable the Construction and General Division of the CFMEU to be placed into administration if it is determined to be in the public interest. The government will continue to support strong action to address these issues.”Read the full speech in Hansard ↗
“We are also intent on holding the government to account. This cannot be a pretend administration. This must be one with teeth, and that is why we've been taking the days to work through negotiations with the government to ensure it is an administration of teeth with teeth that will properly clean up the CFMEU.”Read the full speech in Hansard ↗
“I rise today to speak to the Fair Work (Registered Organisations) Amendment (Administration) Bill 2024. It's pretty obvious that when it comes to unions—and unions are important, I want to add; unions are extremely important for protecting workers' rights. But they should not be used for protecting Labor's rivers of gold. That is what the Labor Party is all about today. It is no longer the party of the worker; it is the party of the rorter. It's, 'How can we use unions to exploit the Australian worker for our rivers of gold?'”Read the full speech in Hansard ↗
3 speakers · 3 oppose
“When we're looking at the potential precedent value of this legislation, there hasn't been legislation like this in the federal parliament before. To give such extraordinary powers, literally to take over an organisation, to rewrite its rules, to summarily terminate any and everybody without regard to natural justice—there has never been legislation like this brought to the federal parliament. Should it require scrutiny? Of course it does.”Read the full speech in Hansard ↗
“This is happening because the government has decided to introduce rushed legislation that is draconian and that offends against the rule of law and takes away people's basic rights, and they've decided to go and work with the anti-union, anti-worker Liberals to get it passed.”Read the full speech in Hansard ↗
“The reality is that Labor and the Liberals are going to team up to pass some of the most draconian antiworker laws this country has seen. No matter what you think of the CFMEU, this should worry you, because Labor has set a precedent where parliament can seize control of a civil society group that the government doesn't like and suspend its basic rights.”Read the full speech in Hansard ↗
2 speakers · 1 support · 1 mixed
“We need open scrutiny, we need a hearing, not window-dressing. It needs to be sent to committee, or at least get a hearing on Friday. We are thinking of an amendment requesting the administrator investigate coalmining wage theft as per one union report and organise for the CFMEU finances to cover that—but it is not part of the bill, so we won't be doing that. We want to amend the bill to allow disallowance of the minister's regulations. We want to see criminal charges. We want to see the watchdog brought back and comprehensive reform to industrial relations.”Read the full speech in Hansard ↗
“This is a transparent attempt to force union membership on the farming and small business sectors, faithfully enabled by a Labor government that relies on the CFMEU for a lot of funding. Where was the new industrial relations minister when this was forced on the Australian farmers he was supposed to defend as the agriculture minister at the time? He was voting for it and promoting it. That's why I have absolutely no confidence Labor will undertake more than ineffective token measures against the criminal bosses of the CFMEU. This is evident in the legislation before us. It looks good at a first glance but, when you read it closely, there's a lot of wiggle room for Minister Watt to protect the CFMEU.”Read the full speech in Hansard ↗
4 speakers · 4 support
“I also acknowledge and highlight my support for the opposition's amendments that they negotiated in the Senate. They are a really important range of amendments and they're ones that I thoroughly support. I support this bill. It is critical and it is important. I have put forward an amendment, the spirit of which I think the government has mainly picked up but could still, I believe, go further. The question for me is: is this enough? Is this bill enough? This is where I absolutely say no and this is where I will be holding the government and the whole parliament to account to truly deal with the issues that face the construction industry. It is the time now that we got rid of the problems facing the industry once and for all.”Read the full speech in Hansard ↗
“If the Greens can find their courage today and help get that administrator in place, the administrator will be able to look at the CFMEU credit cards, and I'm looking forward to that because I've been told they will find some interesting charges.”Read the full speech in Hansard ↗
“Every single Aussie has to face consequences if they do the wrong thing. Whether it's your boss, your family or the police, there's someone to answer to. The CFMEU are definitely not above the law, and, if they won't tell the truth and if they won't face the consequences, then appointing an administrator is the right way forward.”Read the full speech in Hansard ↗
“The depth and breadth of the allegations across other branches of the CFMEU mean we need action now. They demand action from the parliament, and this bill will do that. The amendments that have been circulated and the others being drafted will ensure a stronger piece of legislation that is tough but also fair. Those who have done the wrong thing will go; those who haven't won't, and there will be a fair process, with the appropriate powers for the administrator, while allowing legitimate operations in support of members to continue.”Read the full speech in Hansard ↗
Record
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Recorded vote: 39 to 10.
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the Whole debate: amendment details recorded
Committee amendments agreed
The Senate considered and agreed to amendment packages before moving separately to the final passage vote.
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Consideration in detail debate
Consideration in detail
The chamber considered the bill in detail and dealt with amendments before the next stage.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal Assent, turning the bill into an Act.
