High Court Rejects CFMEU Legal Challenge to Federal Takeover

The court found no merit in the union’s arguments against the legislation that allowed the government to act.

Tens of thousands of workers march after walking off work sites in protest against the forced administration of the construction arm of the Construction, Forestry, Mining and Energy Union (CFMEU), in Melbourne, Australia on Aug. 27, 2024. William West/AFP via Getty Images

The High Court has dismissed a legal bid by the CFMEU aimed at overturning the federal government’s decision to place its construction division into administration.

The ruling, handed down this week, marks another step forward in the Albanese government’s intervention to address alleged corruption and criminal infiltration within the union.

The federal takeover began in August 2024, following revelations of serious misconduct and reports that organised crime figures had penetrated the CFMEU’s operations.

The court found no merit in the union’s arguments against the legislation that allowed the government to act.

Controversial Victorian union leader John Setka, who denied the allegations but later resigned citing relentless media attention, had led the division until the federal intervention appointed barrister Mark Irving KC as administrator in August 2024.

Court Clears Way for Reform

Two former CFMEU officials, Michael Ravbar and William Lowth, brought the case to the High Court, arguing the government’s move was unconstitutional.

Their case rested on four grounds, including that the legislation breached their implied right to freedom of political communication.

However, the full bench unanimously ruled against them, finding none of the arguments held legal weight.

Following the ruling, Irving said the decision was a vital endorsement of the federal intervention.

“The decision provides clarity and it paves the way for greater systemic reforms necessary for the union and across the industry,” he said.

In his first report as administrator, he warned that criminal infiltration and corruption remain prevalent in the industry, requiring significant reform efforts over time.

Government and Industry Back Further Oversight

Industrial Relations Minister Amanda Rishworth welcomed the ruling saying there needed to be change in the construction industry.

“Construction workers deserve a union free from criminality, corruption and violence. The administrator and his team can now move forward with confidence and continue their essential work in cleaning up the Construction and General Division of the CFMEU,” she added.

Master Builders Australia CEO Denita Wawn said the court’s decision gave the industry a clearer way forward.

“The administration has created calm. It’s enabled us to actually work and have conversations with the CFMEU for the first time,” she said.

CFMEU Tied to Violence, Intimidation Claims

The CFMEU has faced increased scrutiny, particularly after a March 2025 joint investigation by 60 Minutes and The Age exposed multiple disturbing incidents involving alleged violence and intimidation on taxpayer-funded sites.

These included video footage of a bikie-linked union official allegedly assaulting a woman, a female worker being locked in a small room by a convicted offender, and a third physically attacked near a state government hospital site.

All incidents were linked to individuals with ties to senior CFMEU figures.

There were also allegations that elements within the Victorian Labor government attempted to cover up criminal syndicate infiltration of CFMEU-controlled Big Build projects.

The Albanese government’s legislation permits the administration of the union’s construction division for up to five years. Officials who interfere with the process may face penalties.