Fair Work (Registered Organisations) Act 2009

While the Construction and General Division and its branches are under administration, the administrator:

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.

Nothing in subsection (1) limits the generality of anything else in it.

To avoid doubt, in performing functions and exercising powers as administrator, the administrator may undertake investigations into past practices of the Construction and General Division and its branches.

The administrator also has the function of promoting compliance by the Construction and General Division with the laws (including workplace laws) of the Commonwealth, the States and the Territories.

In relation to the obligations this Act imposes on officers and employees of the CFMEU and its branches, divisions and parts, the administrator must also:

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.

In performing functions and exercising powers as administrator, the administrator must:

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.

References to the property of the Division and its branches include references to property of the CFMEU that, immediately before this Act commenced, was solely or predominantly used for the benefit or the purposes of the Construction and General Division or any of its branches.

Subsection (1) does not apply in relation to a branch for which the administration has ended under subsection 323D(1).