The Queensland Major Contractors Association (QMCA) has welcomed the High Court of Australia’s unanimous decision to uphold the validity of federal legislation placing the Construction and General Division of the CFMEU under external administration.
In a ruling delivered today in Ravbar & Anor v Commonwealth of Australia & Ors, the High Court confirmed that recent legislative reforms introduced by the Commonwealth to safeguard the integrity of the construction sector were lawful, proportionate, and constitutionally valid.
QMCA Chief Executive Andrew Chapman said the decision provides much-needed certainty for industry, restores confidence in industrial governance, and reinforces the role of lawful, democratic oversight in protecting the long-term interests of workers and employers.
“Today’s decision sends a clear message: the rule of law applies to all participants in our industry, and there is no place for unlawful conduct or unaccountable behaviour,” Mr Chapman said.
“We commend the Federal Government for its decisive action in creating a pathway for proper governance and transparency within the Construction and General Division of the CFMEU. This verdict by the High Court provides the legal certainty needed to ensure reform is not only possible, but long lasting.”
The laws passed in August 2024 enabled the Commonwealth Attorney-General to trigger the administration of the CFMEU’s Construction and General Division if satisfied it was in the public interest. Under the legislation, an independent administrator, Mr Mark Irving KC, was appointed to manage the affairs, property, and operations of the Division and its branches. The laws also disqualified former officeholders from representing workers or employers during the administration period.
The challenge to the laws was brought by two former Queensland-based CFMEU officials, who were removed under the Scheme. The High Court rejected all grounds of challenge, including claims relating to constitutional power, freedom of political communication, separation of powers, and property rights.
“This verdict enables the construction industry to focus on productivity, collaboration, and delivering the major projects that Queensland needs, without disruption from persistent misconduct or governance failures.” Mr Chapman said.
QMCA reiterates its support for constructive union engagement and a collaborative approach to delivering real productivity improvements in the industry. The Association looks forward to working with reformed and accountable representatives in the future.
“We will always back strong, fair representation for workers,” Mr Chapman said. “But we must never accept intimidation, coercion, or disregard for legal obligations as a substitute for leadership. This decision is a win for integrity, for reform, and for the future of our industry.”
