What action is the government taking?
The Albanese government has asked the Fair Work Commission to apply to the Federal Court to place branches of the CFMEU into external administration.
Prime Minister Anthony Albanese said on Wednesday it’s not just the Victorian branch of the union he wants cleaned out following allegations of criminality,intimidation and underworld infiltration.
What happens now?
The Fair Work Commission,Australia’s industrial umpire,is seeking advice on making a court application.
Its general manager,Murray Furlong,has not said when an application to the court will be made.
What can an administrator do?
RMIT industrial relations expert Anthony Forsyth says the administrator assumes the powers of the union’s committee of management,taking over the organisation’s day-to-day business while resolving systemic issues.
“In this case they would have responsibility for looking very closely at the industrial and commercial arrangements that existing officials entered into,” he says. He adds that the use of EBAs would be included,following revelations they were being wielded as a coercive tactic.
Forsyth says the court would potentially make an order vacating the positions of elected union officials,while the administrator could remove employees.
The administrator can also refer matters to the police or other authorities and apply to the court to extend their time beyond the original orders.
How long will the process take?
Forsyth says it won’t happen overnight. It will be decided in the Federal Court and likely take several months. If nobody in the CFMEU opposes the move in court – which seems unlikely – it could still take weeks to be approved.