Certificates to hold office or to be employed or engaged by an organisation

On 23 August 2024, the Construction and General Division of the Construction, Forestry and Maritime Employees Union (CFMEU) and its Divisional branches were placed under administration for a period of up to 5 years. The scheme of the administration (scheme) is contained in the Fair Work (Registered Organisations) (CFMEU Construction and General Division Administration) Determination 2024.

The Fair Work (Registered Organisations Act) 2009 (the Registered Organisations Act) imposes restrictions on ‘removed’ persons’, as defined in section 323MA of the Registered Organisations Act, unless they hold a certificate granted by us.

A person will be a ‘removed person’ under section 323MA of the Registered Organisations Act if:

• any of the following events has happened as a result of the scheme:
  • the person has been removed or suspended as an officer (as defined in section 9 of the Registered Organisations Act) or the person’s role as an officer otherwise ends
  • the person’s employment with the CFMEU, working in the Construction and General Division or any of its branches, is terminated or otherwise ends, or is suspended
  • the person is removed or suspended as a workplace delegate, or their role as a workplace delegate otherwise ends
• if the event involved suspension, the suspension has not ended.

A person will also be ‘removed person’ if:

• on or after 1 July 2024 but before 23 August 2024 (when the CFMEU Construction and General Division and its Divisional branches were placed under administration) the person has, by choice, stopped being:
  • an officer (as defined in section 9 of the Registered Organisations Act) of the CFMEU Construction and General Division or any of its branches, or
  • employed by the CFMEU working in the Construction and General Division or any of its branches, or
  • a workplace delegate for members of the CFMEU Construction and General Division or any of its branches
• during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme to ensure the person ceased to be an officer, employee or workplace delegate.

Unless a 'removed person' holds a certificate granted by us, they must not:

• become a candidate for election to an office in an organisation or branch of an organisation
• be appointed to an office in an organisation or branch of an organisation, or
• start to be employed in, or engaged by, an organisation or a branch, division or part of an organisation.

Penalties could apply if a 'removed person' breaches these restrictions.

A removed person may apply to us:

• under section 323MC of the Registered Organisations Act for a certificate to hold office
• under section 323MD of the Registered Organisations Act for a certificate to be employed or engaged by an organisation.

Certificate to hold office (section 323MC) 

We may grant a certificate if we are satisfied that the person is ‘a fit and proper person to hold office in an organisation’.

To decide whether the 'removed person' is a fit and proper person to hold office in an organisation, we must have regard to:

• the reasons the person was removed from office, including whether the person engaged, or allegedly engaged, in the following kinds of conduct:
  • misappropriation of the organisation’s funds
  • a substantial breach of the organisation’s rules, or
  • gross misbehaviour or gross neglect of duty
• whether the person has ever been convicted of an offence against a law of the Commonwealth, a State, a Territory or a foreign country involving:
  • fraud or dishonesty
  • intentional use of violence against another person, or
  • intentional damage or destruction of property
• the general character of the person
• the person’s fitness to be involved in the management of organisations, and
• any other matters we consider relevant.

We can’t grant a certificate if the 'removed person' is:

• disqualified under the scheme of administration, and the period of disqualification has not ended, or
• ineligible to hold office under section 215(1) of the Registered Organisations Act because they have been convicted of certain offences. 

Certificate to be employed or engaged by an organisation (section 323MD) 

We may grant a certificate if we are satisfied that the person is ‘a fit and proper person to be employed or engaged by an organisation’.

We can’t grant a certificate if the 'removed person' is:

• disqualified under the scheme of administration, and the period of disqualification has not ended, or
• ineligible to hold office under section 215(1) of the Registered Organisations Act because they have been convicted of certain offences. Find out more here: Disqualification from holding office.