Fear of CFMEU leaders returning to power preventing whistleblowers from cooperating

A report on the ongoing proceedings of the administration tasked with addressing the rampant issues within the CFMEU has listed roadblocks that have sprung as a result of an ongoing High Court case.

The ongoing High Court challenge applied by the previous heads of the Construction, Forestry and Maritime Employees Union (CFMEU) against the federal government’s legislation that placed the union into administration is proving to be a roadblock for the man tasked with cleaning up the union.

Back on 23 August 2024, Mark Irving KC was named as the administrator of the CFMEU, tasked with investigating the allegations of corruption, bullying, and lawlessness at the union, and from there, re-establishing the union from the ground up.

A bi-annual report tabled yesterday (25 February 2025) by Irving covered his progress in reforming the tarnished union, citing staff and stakeholder hesitation derived from the ongoing High Court case as a legitimate barrier towards amending the union.

The challenge by the previous heads of the CFMEU in the High Court offers them a pathway back to their positions if they are, in fact, successful. This possibility has seemingly frightened potential whistleblowers who fear what the repercussions may be for their apparent “disloyalty” to the ousted leaders.

“Uncertainty about whether the former leadership is returning to power has, in some cases, impeded the administration in obtaining full and frank disclosures from complainants,” the report said.

“There is little incentive for employees, delegates, employers and employer peak bodies to fully commit to a reform agenda when some members of the former leadership have intimated that full collaboration with the administration may result in a further cycle of retaliation.”

The report mentioned the need to foster a culture of trust between the administration and potential whistleblowers, as, in the past, the construction industry has manufactured and carried out a “blacklist” culture that punishes those who are brave enough to come forward with their complaints.

“This is an industry that has been characterised by the creation of blacklists over a long period of time by a variety of players within the industry. It is important to develop a culture of trust which will empower and enable people to raise complaints with the administration confident in the knowledge that their requested confidentiality is not compromised,” it said.

This blacklist culture mentioned in the report intertwines with a major subject throughout the various inquiries into the CFMEU – which is the culture of violence. There have been numerous allegations cast on the union that involve violence – many of which have sprouted from the alleged gang and bikie links that persist throughout the union.

“In recent years, some branches of the union have made themselves weak and a target because they have existed within, and have perpetuated, and have failed to confront a culture of violence and retaliation, enforced by a code of silence,” the report said.

“Some branches have allowed a role for organised crime and outlaw motorcycle gangs in the industrial relations system.”

“Some employers have been complicit, and in some cases, drivers of that culture and engage organised crime figures and outlaw motorcycle gangs in the conduct of their industrial relations. The infiltration of crime figures and gangs in industrial relations in the construction industry creates a whole industry problem.”