any of the following events has happened as a result of a scheme determined under subsection 323B(1) of the Registered Organisations Act (a scheme for the administration of the Construction and General Division of the CFMEU and its branches):

the person is removed (however described and including by having their office vacated) or suspended as an officer (within the meaning of this Act), or the person’s role as an officer otherwise comes to an end;

the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;

the person is removed (however described) or suspended as a workplace delegate, or the person’s role as a workplace delegate otherwise comes to an end; and

if the event involved suspension—the suspension has not ended.

on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1) of the Registered Organisations Act, the person, by the person’s own choice:

ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or

ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or

ceases to be a workplace delegate for members of the Construction and General Division or any of its branches; and

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 of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).

be a bargaining representative of an employee or employer;

purport to be a bargaining representative of an employee or employer;

hold out that the person is a bargaining representative of an employee or employer.

the reasons the person became a removed person, including whether the person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii) of the Registered Organisations Act;

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; or

intentional use of violence against another person; or

intentional damage or destruction of property;

the general character of the person.

if the removed person has been disqualified under a scheme determined under subsection 323B(1) of the Registered Organisations Act and the period of the disqualification has not ended; or

at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1) of the Registered Organisations Act.

an order under subsection 177A(7) (certificate to be a bargaining representative);

a contravention of a civil penalty provision in Part 2A of Chapter 11;

a contravention of section 285, 286, 287 or 288 by a person who is or has been an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches.

a legislative instrument made under subsection 323B(1);

the appointment of an administrator under section 323C.

the person who is to be appointed as the administrator of the scheme under section 323C;

suspension or removal of officers;

declarations that offices are vacant;

the timing of elections of officers;

the taking of disciplinary actions by the administrator, including expulsion of members and disqualification of officers for up to 5 years, and including in circumstances not provided for by the rules of the CFMEU or the Construction and General Division;

the termination of employment of employees of the Construction and General Division or its branches;

the making of an alteration of the rules of the Construction and General Division by the administrator in circumstances where, because of the administration, the alteration cannot be made in accordance with any provision made by this Act (other than this Part) or the rules;

giving reports to the Minister or General Manager;

delegation by the administrator of the administrator’s functions or powers;

the engagement or employment of persons by the administrator to assist in performing the administrator’s functions;

obligations for the administrator to cooperate with any inquiry into conduct of the CFMEU, or officers or employees or former officers or employees of the CFMEU or any of its branches, divisions or parts, being undertaken by any law enforcement agency or regulator (including the Fair Work Ombudsman or the FWC);

matters ancillary or incidental to matters mentioned in the previous paragraphs in this subsection.

must appoint that person; and

must not terminate that person’s appointment otherwise than in accordance with any requirements specified in the scheme.

the administrator requests the Minister to vary a scheme determined under subsection 323B(1) (whether to end the administration for a branch of the Construction and General Division or to make any other changes); and

the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the variation is in the public interest;

the administrator requests the Minister to revoke a scheme determined under subsection 323B(1); and

the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), the revocation is in the public interest;

vary the scheme to end the administration for a branch; or

revoke the scheme;

a scheme determined under subsection 323B(1);

any action taken under the scheme;

an instrument made under section 323C.

regardless of the end of the administration under subsection 323A(2) or section 323D; and

regardless of section 323E; and

despite any provision of this Act or the rules of the CFMEU or a branch, division or part of the CFMEU.

has been made in accordance with the scheme; and

subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and

is not otherwise contrary to law.

establish, in writing, a complaints procedure that complies with subsections (2) and (3) (unless a previous administrator has done so); and

take reasonable steps to publicise the procedure to members of the Construction and General Division; and

make the procedure publicly available.

that is or is alleged to be improper, unlawful or criminal; and

that is or is alleged to be engaged in by any person who is or has been:

an officer or employee of the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or

a workplace delegate (within the meaning of the Fair Work Act) for members of the Construction and General Division or any of its branches; or

a member of the Construction and General Division or any of its branches.

the administrator;

a person authorised in writing by the administrator to receive complaints.

consider the complaint; and

advise the administrator or other complaint recipient, in writing as soon as practicable, as to whether the regulator intends to investigate the complaint; and

if the regulator investigates the complaint:

report progress and results of the investigation to the administrator or other complaint recipient at 90 day intervals until the investigation is completed; and

advise the administrator or other complaint recipient when the investigation is completed.

investigate the complaint; and

keep the complainant informed of progress; and

notify the complainant of the results of the investigation.

(a) conduct mentioned in subsection (2) is taken to be disclosable conduct; and

the making of a complaint in respect of such conduct, in accordance with the procedure established by the administrator, is a disclosure that qualifies for protection under Part 4A of this Chapter (protection for whistleblowers); and

a complaint receiver is taken to be a person conducting an investigation under Division 3 of Part 4A for the purposes of section 337CE, but the other provisions in Division 3 of Part 4A do not apply in relation to a complaint made under the procedure; and

section 337DA applies in relation to functions and powers exercised by a complaint receiver under the procedure as if the complaint receiver were an authorised official and the functions and powers were conferred by Part 4A.

an instrument made under subsection (1);

an instrument made under paragraph (3)(b).

has control of the property and affairs of the Division and its branches; and

may manage that property and those affairs; and

may dispose of any of that property; and

may perform any function, and exercise any power, that the Division or its branches, or any officers of the Division or its branches, could perform or exercise if it were not under administration.

ensure that officers and employees have complied (including before this Part commenced) and continue to comply with the obligations; and

to the extent that officers or employees have not complied with the obligations (including before this Part commenced)—as far as reasonably practicable, ensure they are held accountable for having not done so.

be satisfied the administrator is acting in the best interests of the members of the Construction and General Division and its branches; and

have regard to the objects of the CFMEU as defined in the rules of the CFMEU at the commencement of section 323A, so far as they are lawful.

produce to the administrator documents in the person’s possession, custody, power or control that the administrator reasonably requires to perform the functions or exercise the powers;

provide the administrator with any other information or assistance the administrator reasonably requires to perform the functions or exercise the powers.

an officer or employee, or former officer or employee, of the CFMEU or any of its branches, divisions or parts;

an agent or former agent of the CFMEU or any of its branches, divisions or parts;

a person that provides or formerly provided services, under a contract or agreement, to the CFMEU or any of its branches, divisions or parts;

a person prescribed by the regulations.

the person has a reasonable excuse; and

the person notifies the administrator of the reasonable excuse before the end of the period specified in the notice.

the period during which the work is likely to be performed by the administrator; and

the complexity (or otherwise) of the work likely to be performed by the administrator; and

if the remuneration is worked out wholly or partly on a time-cost basis—the time likely to be properly taken by the administrator in performing the work; and

any other matters the General Manager considers relevant.

(a) subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of administrator; and

neither section 323C (appointment etc. of administrator) nor anything in this section has the effect of making the Commonwealth responsible for payments to the administrator.

any of the following events has happened as a result of a scheme determined under subsection 323B(1):

the person is removed (however described and including by having their office vacated) or suspended as an officer, or the person’s role as an officer otherwise comes to an end;

the person’s employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;

the person is removed (however described) or suspended as a workplace delegate (within the meaning of the Fair Work Act), or the person’s role as a workplace delegate otherwise comes to an end; and

if the event involves suspension—the suspension has not ended.

on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1), the person, by the person’s own choice:

ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or

ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or

ceases to be a workplace delegate for members of the Construction and General Division or any of its branches; and

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 of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).

become a candidate for election to an office in an organisation or a branch of an organisation; or

be appointed to an office in an organisation or a branch of an organisation.

the reasons the removed person was removed from office, including whether the removed person engaged or allegedly engaged in a kind of conduct described in subparagraph 141(1)(c)(i), (ii) or (iii);

whether the removed 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; or

intentional use of violence against another person; or

intentional damage or destruction of property;

the general character of the removed person;

the fitness of the removed person to be involved in the management of organisations.

if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or

at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).

if the removed person has been disqualified under a scheme determined under subsection 323B(1) and the period of the disqualification has not ended; or

at any time while the removed person is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation under subsection 215(1).

in the performance or exercise, or the purported performance or exercise, of any function or power of the administrator as an administrator under a scheme determined under subsection 323B(1); or

in preparing for the performance or exercise of any such function or power (including before appointment as an administrator).

the person engages in conduct or a course of conduct; and

as a result of the conduct or course of conduct:

another person or body is prevented from taking action under a scheme determined under subsection 323B(1); or

the administrator is prevented from effectively administering a scheme determined under subsection 323B(1).

the physical elements of the offence are set out in subsection (1); and

the fault element for paragraph (1)(b) is that the person engages in the conduct or course of conduct for the sole or dominant purpose of bringing about a result mentioned in that paragraph.

has aided, abetted, counselled or procured the contravention; or

has induced the contravention, whether by threats or promises or otherwise; or

has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or

has conspired with others to effect the contravention.

no later than 6 months after the Construction and General Division and its branches are placed under administration by force of subsection 323A(1); and

at the end of every subsequent 6 month period until the administration ends.

a statement outlining the administrator’s activities under this Part during the preceding 6 month period; and

a statement listing any transactions that occurred during the preceding 6 month period involving the Construction and General Division, or any of its branches, if the administrator is of the opinion that the transactions may be unlawful; and

a copy of a general purpose financial report that is relevant to the Construction and General Division and the preceding 6 month period; and

a copy of any other financial records of the Construction and General Division, or any of its branches, that the administrator considers appropriate to include in the report.

an administrator of a scheme determined under subsection 323B(1), or a person authorised by an administrator under paragraph 323HA(3)(b);

section 323C or 323M;

section 323P, other than subsection 323P(5);

section 323Q.