Education and Employment References Committee

Fatima Payman

I move:

(1) That the Senate notes that:

(a) under paragraph 323T(2)(c) of the Fair Work (Registered Organisations) Act 2009, the Administration of the Construction and General Division of the Construction, Forestry and Maritime Employees Union (CFMEU) was required to present a copy of a general purpose financial report to the Minister for Employment and Workplace Relations by 23 February 2025;

(b) the Administration failed to present this report by this date, and committed in a letter to the minister to deliver this report 'promptly';

(c) more than 6 months after this commitment, a general purpose financial report has yet to be published; and

(d) on 23 August 2025, the Administration was required to present a second general purpose financial report, which it has also failed to do.

(2) That the following matter be referred to the Education and Employment References Committee for inquiry and report by Friday, 21 November 2025: The effectiveness of the administration of the Construction and General Division of the CFMEU, with particular reference to:

(a) the extent to which the administration has been successful at addressing crime and corruption within the division;

(b) the division's ability to represent their members while under administration;

(c) whether the use of members' dues in the running of the administration has achieved value for money;

(d) the extent to which the culture within the division has improved or worsened since the administration was put in place;

(e) the accountability of the administration to both the members and the Parliament and whether the administration has been reasonably transparent and open in its operation;

(f) the views of, and morale of, the membership of the division and any impact on membership numbers; and

(g) any other related matters.

Nick McKim

President, could I please ask that the two parts of this motion be put separately, to facilitate our voting differently.

Sue Lines

Certainly. I'll just advise the chamber that when I put the motion I'll put part (1) first. Senator Chisholm?

Anthony Chisholm

I seek leave to make a short statement.

Leave granted.

The CFMEU's independent administrator, Mark Irving KC, is focused on ensuring that the union operates democratically, lawfully and effectively in the best interests of its members. The administrator's first biannual report was tabled on 25 February 2025 and in the House on 25 March 2025. We have also now been provided with the administrator's general purpose financial report, which will be tabled in the House on Thursday 4 September as required by the scheme. The administrator has explained that it is not physically possible for him to provide a general purpose financial report immediately at the end of each six-month reporting period, as he needs time to prepare it. This is a problem that arises from the drafting of the scheme, not the actions of the administrator, and we are considering ways to address this for future reporting periods. We're entirely confident that the administrator and his team have undertaken the best efforts to comply with the legislative reporting obligations as drafted and that the officers and department will be working diligently in monitoring the scheme's reporting requirements.

Sue Lines

The question is that business of the Senate No. 2, standing in the name of Senator Payman, part 1 be agreed to.