NSW Administration Powers for the CFMEU Construction and General Division

Industrial Relations Amendment (Administrator) Bill 2024

17 Sep 2024: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

corporate governance government oversight industrial relations labor organizations trade unions

Introduced by: The Hon Sophie Cotsis MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

The Minister for Industrial Relations can place the CFMEU Construction and General Division under administration if it is in the public interest; this includes appointing an administrator.
The administrator takes control of the union's governance, funds, property, and assets.
Officers, employees, and service providers of the union must provide documents or information when the administrator asks in writing.
Fines of up to 100 penalty units (2026: $11,000) apply to people who refuse to provide documents to the administrator without a reasonable excuse, or who block the administrator from running the administration scheme.
The administrator can sue in the name of the union to recover assets or seek compensation.
The CFMEU (NSW) must pay the administrator's costs, salary, remuneration, and expenses.
The Industrial Relations Commission can order people to comply with the administrator's requests or stop interfering with the administration, and it can impose financial penalties.
The administrator must certify any changes to union rules with the Industrial Registrar

The Debate

What different members said when this bill was debated:

Damien Tudehope LIB

“Subject to some amendments that I foreshadow the Opposition will move, the Opposition will support the Industrial Relations Amendment (Administrator) Bill 2024. On 3 May 2012 the then upper House Labor member the Hon.”

Official source →

Abigail Boyd GRN

“On behalf of The Greens, I contribute to debate on the Industrial Relations Amendment (Administrator) Bill 2024. I state at the outset that The Greens oppose the bill. It allows unfettered power to the Minister for Industrial Relations to appoint an administrator of a union on terms that are yet to even be set out.”

Official source →

Chris Rath LIB

“I support the Industrial Relations Amendment (Administrator) Bill 2024. My only concern is that it does not go far enough.”

Official source →

Emma Hurst AJP

“I speak on the Industrial Relations Amendment (Administrator) Bill 2024 on behalf of the Animal Justice Party. The Animal Justice Party is a strong supporter of unions and the union movement. We believe unions across New South Wales do an amazing job in advocating for the rights of vulnerable workers and they play a critical role in our society.”

Official source →

Daniel Mookhey ALP

“I place on record my appreciation for the members who made a contribution to the second reading debate: the Hon. Damien Tudehope, the Hon. Chris Rath, Ms Abigail Boyd and the Hon. Emma Hurst. I imagine the House can turn its mind to the suggested Opposition amendments during the Committee stage. I look forward to that debate.”

Official source →

News articles and press releases

Industrial Relations Amendment (Administrator) Bill 2024

Ms SOPHIE COTSIS, Minister for Industrial Relations — 2024-08-08

The purpose of the Industrial Relations Amendment (Administrator) Bill 2024 is to place the New South Wales registered CFMEU Construction and General Division into administration. The bill is not aimed at any other union and does not apply to any other union than the New South Wales CFMEU Construction and General Division. The intent and purpose of this scheme is consistent and complementary with the proposed Federal scheme.