THE Fair Work Commission’s general manager, Murray Furlong, has today initiated proceedings in the Federal Court under s.323 of the Fair Work (Registered Organisations) Act 2009 (RO Act) to appoint an independent administrator for the Construction and General Division of the Construction, Forestry and Maritime Employees Union (CFMEU).

The proposed scheme of administration covers the Divisional Executive and offices in the Victoria-Tasmania, New South Wales, Queensland Northern Territory and South Australian divisional branches. The remaining divisional branches in Western Australia and the Australian Capital Territory would continue to function as usual but could be brought under the scheme at a later date on application to the court.

Following significant consultation with a wide range of stakeholders representing both employer and employee interests, it is proposed that the court appoint Mark Irving KC as administrator.

Mr Irving KC has been a member of the Victorian Bar for over 26 years. His experience is extensive and includes acting in significant matters relating to both unions and employer organisations. 

The court has been asked to approve a scheme for the taking of action by Mr Irving KC as independent administrator.

The proposed scheme

The members of the Construction and General Division of the CFMEU and the broader community deserve to have confidence in the ongoing effectiveness of the administration proposed in the scheme, which will take as long as necessary to bring the branches of the division into lawful compliance, and then systemically embed this governance for the future. 

If appointed, the administrator will have the ability to ensure that the division and divisional branches function effectively and lawfully within the legislative framework and the lawful objectives of the CFMEU. The administrator will be required to ensure that the rights of members of the union continue to be protected and that the division and divisional branches operate in accordance with their objects.

The scheme proposes that the administrator will have power to:

• remove officers, officials and employees from their positions, engage employees and consultants as required, and apply to the court for the appointment of assistant administrators;
• take possession of all property and credit cards;
• exercise votes of the offices he holds;
• appoint proxies to represent him at meetings and exercise voting rights as instructed;
• bring proceedings to recover funds, impose penalties and award compensation;
• cooperate with any investigations;
• establish and implement policies, including Rule alterations to ensure the CFMEU can be representative of and accountable to its members, operate lawfully and effectively and encourage member participation and democratic functioning;
• keep and maintain the register of members;
• prepare financial accounts as required; and
• issue a certificate when satisfied a divisional branch is operating effectively so that the process to remove it from administration can commence, including by commencing elections for office.

The administration of the division or a divisional branch will only end after the administrator certifies that it is functioning effectively, and the Fair Work Commission’s general manager agrees. Before reaching that conclusion, an independent audit of the financial affairs of the division or divisional branch must be conducted.

Independent special purpose audit and general manager’s industry committee

To support the integrity of the scheme, the application to the Federal Court also seeks the appointment of KordaMentha Pty Ltd to undertake a special purpose audit and prepare a report into the financial position and financial risks relating to the Division and Branches in administration. This report will be provided to both the Administrator and to the General Manager following commencement of administration.

As part of the commitment to being an open and transparent regulator, the Fair Work Commission’s general manager is establishing a Building and Construction Industry Committee. The committee will report to the general manager. The administrator will also be required to meet with the general manager regularly throughout the administration to report on the scheme’s progress.

Yesterday the general manager wrote individually to approximately 250 CFMEU office holders to remind them of their obligations as elected officials under the RO Act and of the information and education resources the commission publishes to assist them in their roles.

The general manager said he was unwavering in his commitment to ensuring the success of this process for the benefit of CFMEU members, employers and the broader community. The objective in making this application is to ensure that the CFMEU can meet the expectations and act in the interests of its members, lawfully and in a proper and democratic way, and in accordance with its statutory obligations and the expectations of the broader community that it operates within.

About the Fair Work Commission

The Fair Work Commission is Australia’s national workplace relations tribunal and the independent regulator of registered organisations. It exercises its functions and powers in accordance with the Fair Work Act 2009. The commission and general manager also have responsibilities in relation to registered organisations under the Fair Work (Registered Organisations) Act 2009.

ends

THE House of Representatives Standing Committee on Communications and the Arts is holding its final round of interstate public hearings next week for its inquiry into the challenges and opportunities within the Australian live music industry.

Hearings will be held in Melbourne, Adelaide, and Perth, with final hearings to be held in Canberra.

The committee is continuing to speak with industry stakeholders, including state and local organisations, peak bodies and event organisers. It will also host several roundtables with musicians, venues, and youth and community outreach programs.

Committee Chair Brian Mitchell said, "The committee wants to ensure live music has a strong and healthy future in Australia so it can continue to contribute to our national story, and provide jobs and viable income streams for performers and support workers.

"We’ve heard plenty of evidence about live music being part of an ecosystem—everything needs to work in harmony to work at its best. That’s a great way to look at it.

"Just as it has with a host of other sectors, the internet has been a massive disrupter to the music business. Most fans don’t buy records anymore, they stream songs, and artists only get a tiny fraction of the streaming proceeds.

"Performers used to go on tours to help sell records, now they go on tour to earn a living, so that’s really changed the dynamic," Mr Mitchell said.

"The streaming platform algorithms also play a key role in what’s called 'discoverability'. We want to look at ways to ensure Australian consumers are at least aware of the presence of Australian artists on their streaming apps, so they know they have a choice of discovering the amazing Australian talent that’s on offer.

"Our committee has heard lots of really valuable evidence from performers, venue owners, labels, festival organisers and others about the challenges facing live music, and just as importantly they’ve proposed ideas for rescuing the sector. I’d like to thank everyone who’s appeared before us and who are yet to appear.

"We’ve got another couple of weeks of hearings and then it’s heads down bums up to prepare a report and recommendations."

Details of the public hearings are below, with the full programs and terms of reference available on the inquiry webpage.

More information about the committee, including membership, may be found on the Committee’s website.

Public hearing details

Date:          Monday, 5 August 2024
Time:          9.40am – 4.30pm [AEST]
Location:    Legislative Council Committee Rooms, Victorian State Parliament, Spring Street, Melbourne, Victoria

Date:          Tuesday, 6 August 2024
Time:          9am – 10.20am [AEST]
Location:    Legislative Council Committee Rooms, Victorian State Parliament, Spring Street, Melbourne, Victoria

Date:          Wednesday, 7 August 2024
Time:          9.40am – 2pm [ACST]
Location:    Constitution Room, South Australian State Parliament, North Terrace, Adelaide, South Australia

Date:          Thursday, 8 August 2024
Time:          9am – 2.40pm [AWST]
Location:    Executive Lounge Room,Doubletree by Hilton, 1 Barrack St, Perth, Western Australia

The audio of these hearings will be broadcast live via the Parliament’s YouTube channel.

ends

THE Parliamentary Committee will hold a public hearing on Friday for an inquiry into the National Redress Scheme to hear from Knowmore Legal Service, who provide free legal advice and support to people applying for redress, and survivors about their experience accessing the Scheme.

The inquiry is looking into a range of areas, including the experience of First Nations applicants and applicants with disability in their dealings with the scheme; and accessibility, performance and effectiveness of support services and legal advice for survivors and their advocates.

A program for the public hearing will be available on the Committee’s website shortly.

Committee Chair Senator Catryna Bilyk said, "Throughout the inquiry, survivors and redress support services have told us about many different barriers that people experience when applying for redress. For example, we have heard evidence that suggests the redress application form can be hard to fill out, redress outcomes can be confusing or that the Scheme can be hard to contact.

"The committee hopes to learn more about these barriers at Friday’s public hearing. This will assist us with making recommendations to government on how the Scheme could be improved."

Full details of what the inquiry is examining can be found in the terms of reference on the committee’s website. An easy English guide is also available.

Public hearing details

Friday 2 August 2024
10am to approximately 4pm (Canberra time)
Committee Room 1R5, Parliament House, Canberra

Listen online at www.aph.gov.au/News_and_Events/Watch_Parliament then click on a link marked ‘live streaming’ or visit https://www.youtube.com/@AUSParliamentLive>.

ends

AUSTRALIA's first certified carbon-neutral distillery, a local business that is successfully exporting to the Asian market, and one of Australia’s largest food manufacturers will be appearing as witnesses at the seventh public hearing for the House Standing Committee on Industry, Science and Resources’ inquiry into food and beverage manufacturing in Australia.

Committee Chair, Rob Mitchell MP, said "The inquiry has received a lot of interest with over 120 submissions to date. At the public hearing in Tasmania, the Committee will continue to hear from stakeholders to find out what the key challenges are right now for Australian food and beverage manufacturers.”

The committee will conduct further public hearings during August 2024. Further information about the inquiry, including the Terms of Reference, is available on the Committee’s website: aph.gov.au/isr

Public hearing details

Date: Thursday, 1 August 2024
Time: 9:40am to 12pm (AEST)
Location: Committee Room 1, Parliament of Tasmania, 1 Salamanca Place, Hobart TAS 7000
Witnesses: Lark Distilling Co., Tasmania Fresh/Tas’Mania, Cadbury/Mondelēz International

ends