CFMEU chaos continues

Here, HR Leader looks back at the bumpy history of the Construction, Forestry and Maritime Employees Union amid a shock resignation at the centre of investigations into crime and corruption.

While the Construction, Forestry and Maritime Employees Union (CFMEU) has been in administration since August 2024, a recent resignation is increasing the pressure on an already embattled union.

Everything so far

The union has a long history of breaches and sustained Fair Work Commission (FWC) and Fair Work Ombudsman (FWO) attention, but things really started to heat up in July 2024.

It was at this time that the FWC announced its investigation into “the extensive media reporting involving the construction and general division of the CFMEU in relation to alleged non-compliance under the RO Act”.

Commission general manager Murray Furlong – identified as the independent statutory regulator of federally registered organisations – said: “I am deeply concerned about the alleged conduct and commentary that organised crime has infiltrated several state branches of the division, including that it appears to be embedded and ongoing.

“I have already initiated a wide range of operational activities, including seeking advice on making an application to the Federal Court under s.323 of the RO Act. I have also commenced sharing information with other regulatory and law enforcement authorities and requesting evidence about alleged contraventions from a wide variety of participants in the building and construction industry.

“While the alleged criminal conduct reported in the media falls outside of my jurisdiction, alleged conduct involving repeated, opportunistic or deliberate contraventions of the RO Act, including misappropriation of funds or unlawful conduct of elected officials, will be met by swift, well-resourced and significant enforcement action.”

Offences were numerous and continued, including a July 2024 FWC penalty of $168,000 against the union and one of its officials for improper conduct described as “obnoxious, bullying interactions”, a December 2025 FWO penalty of $144,000 for unlawful conduct, and February 2026 legal action commenced by the FWO in the Federal Circuit and Family Court related to alleged breaches of the Fair Work Act.

In a FWO statement regarding the December 2025 penalty, it was noted that “the large majority” of the FWO’s more than $3.8 million collected in court cases since operations transferred from the now-abolished Australian Building and Construction Commission (ABCC) in December 2022 have been connected to the CFMEU or its officials.

The union was placed into administration from 23 August 2024 after the Federal Parliament passed the emergency and specific Fair Work (Registered Organisations) Amendment (Administration) Act 2024 for an immediate takeover of leadership.

It was confirmed that the union could be under administration for up to five years.

On the same day (23 August), Mark Irving KC was appointed as administrator of the construction and general division of the CFMEU.

According to FWC, this was to return the CFMEU construction and general division administration to a position where they are “democratically controlled and operate effectively and lawfully in the interests of members”.

The role of administrator was described as “a person appointed to manage the financial, legal and business affairs of an organisation or business” and Irving’s experience as a “barrister specialising in employment, industrial and anti-discrimination law”.

Furlong said: “It is my intention to work with Mr Irving KC in an open and transparent way to ensure the CFMEU’s construction and general division can operate effectively into the future.”

The effect was immediate, with mass terminations beginning on day one of Irving’s appointment.

Many elected officials were removed and prevented “from acting as a bargaining representative” or “running for office or being elected/ appointed to office in an organisation subject to FWC certification as outlined in the amendment’s Supplementary Explanatory Memorandum.

Late 2024 also saw mass protests from union members, despite CFMEU NSW administrators instructing branch delegates not to attend or promote one such rally on 12 November, according to the Master Builders Association NSW (MBANSW).

The warning said: “Delegates should not be promoting, enabling or encouraging the unauthorised stoppage on November 12.”

Despite this, thousands took to Sydney’s streets, mostly fuelled by ousted officials.

According to the MBA, one CFMEU delegate reportedly said: “Any messages you get from that administrator, ignore them … they come from an administration that has been put in place to destroy our union.”

On the other end of the spectrum, in the First Bi-Annual Report of the CFMEU Administrator (released 8 February 2025), Irving confirmed that he uncovered information supporting “the accuracy of the allegations of criminal and corrupt conduct”.

One such example, he noted, highlighted how the Victorian branch “has been caught up in a cycle of lawlessness, where violence was an accepted part of the culture”.

Legal action was undertaken in the High Court of Australia by ousted union officials in June 2025. Despite their intention to remove the administration, the High Court of Australia unanimously upheld the federal government’s legislation.

In addition, the Queensland government launched a commission of inquiry in the CFMEU’s local branch in July of 2025, with hearings continuing as of 29 April.

Current events

While the administration continues, it may see some disruption following the recent and, for some, shocking resignation of administrator Mark Irving.

As first reported by the AAP on 28 April, Minister for Education Jason Clare praised Irving’s tenure and suggested to reporters that health concerns were the major motivator, stating: “He’s had two heart attacks in recent times.”

In a statement on the resignation released yesterday (29 April), Furlong similarly acknowledged Irving’s “courage, ethics and undaunted drive to achieve lawful operations of the C&G division for the benefit of its members”.

He said: “I also commend his openness to engaging with all participants in the industry to address systemic issues.”

Furlong highlighted his intention to look for an appropriate successor, and furthered: “all major participants in the building and construction industry must actively contribute to eradicate inappropriate and illegal conduct”.

The AAP reported that current CFMEU administration executive officer Michael Crosby will fill the position, but this is yet to be legally formalised. Additionally, it revealed that the Deputy Leader of the Opposition, Jane Hume, suggested Labor’s fight against corruption is failing, and in answer, the Coalition will seek to establish a parliamentary inquiry into corruption in the construction industry.

This follows a statement from the Victorian Liberals and Nationals back in February 2026 calling for a royal commission into CFMEU conduct. It said: “Under Jacinta Allan and Labor, at least $15 billion of taxpayer money – or more than $5,000 per household – has been lost to rorts on Victorian major projects, the vast majority of which has ended up in the hands of organised criminals and bikies.”

This sentiment was echoed in a statement from the Australian Chamber of Commerce and Industry (ACCI) on 28 April. It said: “Mark Irving KC’s resignation is the latest embarrassment in a long series of failures in the handling of the CFMEU.”

ACCI chief executive Andrew McKellar said: “Only a royal commission would have the resources and authority needed to root out bad behaviour and drive lasting reform.

“The federal government’s soft-touch approach was never sufficient for a union with a long record of intimidation, misconduct and alleged criminal behaviour.”

Further, on 28 April, the Australian Constructors Association (ACA) also acknowledged the CFMEU’s “history of coercive conduct and criminal infiltration in parts of the construction industry” but noted that “without enhanced regulation and stronger governance frameworks, there is a real risk that lawlessness could re-emerge once the administration ends or that existing behaviours simply shift elsewhere in the union movement”.

While the investigations continue, so do the infractions - just earlier this month, the FWO handed down a $23,324 penalty and compensation order against a member of the Maritime Union of Australia (MUA) division of the CFMEU, for threatening a colleague who intended to work as opposed to taking part in industrial action.

With the changing of the guard amid continued controversy, it remains to be seen whether this will lead to lasting change within the CFMEU.

More news is anticipated as the Commission of Inquiry into the CFMEU in Queensland continues.

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