High Court Unanimously Upholds Government Takeover of CFMEU

Seven-justice ruling validates administration of construction union amid criminal allegations

Photo by Scott Blake on Unsplash

The High Court has unanimously dismissed a constitutional challenge to the federal government's unprecedented takeover of the Construction, Forestry, Maritime, Mining and Energy Union, clearing the way for continued administration of one of Australia's most powerful unions.

In a 7-0 decision delivered Thursday, the full bench ruled the Commonwealth had lawful authority to place the CFMEU's construction and general divisions into administration, sack more than 270 officials and install an external administrator to address alleged criminal links and connections to motorcycle gangs.

The challenge was brought by Michael Ravbar, the union's former Queensland secretary, who argued the government lacked constitutional power to remove elected officials and place the union under external control.

"This is a straight sets victory for the Government," political reporter Cam Redden said following the decision. "The full bench of the High Court ruling 7-0 that its actions have been lawful by taking the CFMEU into administration."

The ruling validates the Albanese government's dramatic intervention in August last year, when both the construction and general divisions were placed under administration following media reports exposing alleged corruption and criminal infiltration within the union's ranks.

Administration to Continue for Years

Industrial Relations Minister Amanda Rishworth welcomed the decision, stating the government would maintain its hardline approach to union misconduct.

"She says the government will not tolerate criminal behaviour, corruption or violence in the construction industry," according to reports. "She says we're committed to the administrator remaining in place until the job is done, which could take as long as five years."

The comprehensive nature of the High Court's rejection strengthens the government's position significantly. All six grounds of the constitutional challenge were dismissed, with the court declining to make specific orders on legal costs, meaning both parties will bear their own expenses.

The decision removes a major legal cloud hanging over the administration process and provides certainty for the construction industry, which had been watching the case closely.

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