The Minister for Employment and Workplace Relations has written to the Fair Work Ombudsman regarding alleged serious misconduct within the branches of the Construction and General Division of the Construction, Forestry and Maritime Employees Union (CFMEU), involving possible Fair Work Act contraventions.
The Minister has asked the FWO to investigate certain allegations in relation to the making of enterprise agreements. These allegations may involve conduct contravening the Fair Work Act, including adverse action, coercion, misrepresentation and/or a failure to comply with disclosure requirements of benefits under an enterprise agreement for a registered organisation.
We will act on the Minister's request, and are considering our operational response.
All workplace organisations, including unions, must follow the law.
The Fair Work Ombudsman has continuing investigations into the conduct of the CFMEU relating to possible Fair Work Act contraventions.
Matters of alleged criminal conduct fall outside the FWO's jurisdiction.
Questions in relation to any administration application are a matter for the Fair Work Commission.
Attributable to Fair Work Ombudsman Anna Booth:
"The Fair Work Ombudsman's investigations are continuing into the conduct of the Construction and General Division of the CFMEU relating to possible Fair Work Act contraventions.
"If unlawful conduct is established we will take appropriate enforcement action. As our investigations are ongoing it will not be appropriate to comment further on them at this time.
"The FWO has secured total penalties of more than $3.3 million in litigations that have concluded since they were transferred to the FWO in December 2022.
"The large majority of these penalties have been secured against the CFMEU or its officials.
"Improving compliance across the building and construction industry is a priority for the Fair Work Ombudsman, and we will continue to investigate reports of non-compliance and hold to account those who act outside the law."
