Earlier today, Brian Seidler, Executive Director of the Master Builders Association NSW, discussed with Chris O’Keefe from 2GB the Fair Work Commission's decision to make an applicatrion to place the CFMEU under independent administration. Seidler emphasised the importance of this move as a critical step towards rectifying persistent issues within the union and the industry. He questioned the exclusion of ACT and Western Australia from the administration and highlighted that the administrator will have broad powers, including managing finances and operations, to ensure more effective and fair processes within the CFMEU.
Event: Interview with Chris O’Keefe, 2GB
Date: 2 August 2024, 3:07pm AEST
Speakers: Brian Seidler, Executive Director, Master Builders Association of NSW
Topics: CFMEU administration
Chris O’Keefe, host 2GB: Now, there has been a lodgement of the Fair Work Commission's application to place the CFMEU into independent administration. So the paperwork has been lodged. However, I think this is very interesting. So, the National branch of the CFMEU as well as the Victorians, the Queenslanders, the South Australians, us here in New South Wales. All of those branches. Well, the lodgement of the paperwork seeks to place an administrator into all of those branches. For some reason the ACT and Western Australia have been excluded here. Well, Brian Seidler, he's from the Master Builders Association here in New South Wales and he's on the line for us. Brian, what's the justification for the exclusion do we know?
Brian Seidler, Executive Director Master Builders NSW: Now we don't at this stage, and we're certainly calling that all branches should be included in the application. But at this stage, we don't have a clear view of why ACT and and Western Australia are excluded.
Chris: And the Fair Work Commission are the ones who have launched the paperwork with the Federal Court. Is that correct? What's your best understanding of how all of this will work?
Brian: So, in very simple terms, an application is needed through a legal process to bring in an independent administrator of a registered organisation which the CFMEU is and for other, for argument's sake, Master Builders is as well. So there's about 100 organisations across the country that are considered registered organisations and in this instance, due to all of the revelations over the last two weeks and I understand there's more to come, is about roping, bringing in a better process for the way industrial relations is worked out in those states and across Australia. And I've got to say that in my number of decades of looking at this industry, this is a terribly significant position for government to take. We've had four royal commissions into our industry. We've had countless inquiries. We've had deregistration of the Builders Labourers Federation in the early 80s and we're still at where we were 40 years ago and so there has to be a different approach. And this is a major, major step, first step to we hope a different approach.
Chris: Yes, it's all about cleaning this thing. The Administrator of the Federal Court grants the Fair Work Commission, permission to introduce this as administrators, it's not a small thing so the administrator will have the power to remove officers, officials and employees from their positions within the CFMEU, take possession of all property and credit cards, exercise votes on the officers, he holds. And it goes on prepare financial accounts, keep and maintain the register of members. Effectively, the administrator will be running the CFMEU.
Brian: It's exactly right. So it's an extraordinary position to be in for a union or any organisation to find itself in but it's about cleaning up the right and I do note that you know, Mr Zach Smith put out a statement back on Wednesday that there was a suggestion that this is all about undermining their members entitlements and conditions. It's got nothing to do with that. This is about having a proper procedure. It does talk about the process of enterprise bargaining that a number of processes that we unfortunately experience in our industry that there is no bargaining and that there is no enterprise that gets involved. So our industry is simply told this is what you will have and this is your outcome before in many instances it even goes to a vote to the employees. So it's an opportunity for industry and industry has to play a strong role in this as well, to getting things in order.
Chris: Well, it's a good start. It's going to take many many years but it's a good start regardless. Brian Seidler, thank you for coming on.