Fair Work (Registered Organisations) Act 2009

The Minister may, in writing, determine a scheme for the administration of the Construction and General Division and its branches, if the Minister is satisfied that, having regard to the Parliament’s intention in enacting this Act (see section 5), it is in the public interest for the Division and its branches to be placed under administration.

An instrument made under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.

Without limiting subsection (1), the scheme must provide for the following:

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.

The scheme and things done under it have effect despite anything in this Act, Part 2‑4 of the Fair Work Act or the rules of the CFMEU or any branch, division or part of it (see section 323F).

The scheme may provide for any other matters the Minister considers appropriate.

The Minister is not required to observe any requirements of the natural justice hearing rule in making a decision under this section.