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CURRENT CFMEU INVESTIGATIONS
HOW TO GET INVOLVED

Current investigations by workplace regulators

There are two distinct investigations involving the CFMEU and its officials which workplace regulators are currently undertaking. These are:

  1. Fair Work Commission – General Manager (‘FWC’) – regarding the CFMEU broadly, its officials and representatives, and possible contraventions of the law; and
  2. Fair Work Ombudsman (‘FWO’) – regarding the CFMEU and the making of enterprise agreements, in particular whether or not these enterprise agreements were ‘genuinely agreed’.

More detail about the FWO and FWC investigations is set out below.

We encourage anyone with information, materials or evidence to come forward and get involved in these investigations.

You can do this anonymously or ask that your details are kept confidential.

Report information directly to Master Builders Australia

If you don’t feel comfortable dealing directly with the Fair Work Ombudsman or Fair Work Commission, you can report any information, evidence or materials directly to Master Builders Australia using the form below or send an email to info@defendyourrights.com.au

You can do this anonymously or ask that your details are kept confidential.

Your contact details will be confidential and not shared with anyone outside the Master Builders Australia national office, however, Master Builders may contact you directly should we need to follow up or clarify anything you send.

If you use this method, you should be aware that the information or materials you report may be relayed to workplace regulators for their attention but we won’t provide them any information that identifies you or your company unless you give us written permission first.

Report information to Master Builders

FWC INVESTIGATION

Who?

Fair Work Commission (FWC) Registered Organisations Branch

What are they seeking?

Information, materials or evidence regarding conduct or activity involving possible contraventions of the law by CFMEU Construction and General Division officials or representatives.

Who can provide information?

Any person, worker, company or organisation that may have knowledge of or have witnessed conduct and activity as described above.

Can the information be provided anonymously?

Yes.

How can information be provided?

Fill in the form located here https://www.fwc.gov.au/reportcfmeu or by phone 03 9063 7633 Monday to Friday, 9am to 5pm (AEST)

FWO INVESTIGATION

Who?

Fair Work Ombudsman https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/july-2024/20240718/FWO-statement-on-CFMEU-media-release

What are they seeking?

Information in relation to the making of enterprise agreements with the CFMEU, including whether or not these agreements have been ‘genuinely agreed.’

This may involve conduct contravening the Fair Work Act, such as adverse action, coercion, misrepresentation and/or a failure to comply with disclosure requirements of benefits under an enterprise agreement for a registered organisation.

Examples of conduct the FWO is particularly concerned by includes:

  • threats to an employer to coerce them into entering into a ‘CFMEU enterprise agreement’;
  • misrepresentations that employers must have a ‘CFMEU enterprise agreement’ or that employees must be members of the CFMEU to work on particular sites;
  • requirements that certain individuals be employed in particular roles or assigned certain tasks whilst on site; and
  • detrimental action threatened or taken against an employer as part of bargaining for an enterprise agreement, for example, threatened or actual changes to agreed scope of works.
Who can provide information?

Any person, worker, company or organisation with information indicating an enterprise agreement has not been genuinely agreed.

Can the information be provided anonymously?

Yes – options are set out below – and people can state (when sending information to the various inboxes noted below) that they want their information to be treated confidentially or anonymously – to which the FWO will agree.

How can information be provided?

Anonymous information or tipoffs https://www.fairwork.gov.au/workplace-problems/send-us-an-anonymous-tip-off

Information specifically about ‘Big Build’ projects  bigbuildprojects@fwo.gov.au

Information about other EBAs not being genuinely agreed industrialmatters@fwo.gov.au