The High Court has handed the Albanese Government a resounding straight-sets victory over the CFMEU, dismissing a challenge initiated by former Queensland official Michael Ravbar.

All seven High Court justices, including Chief Justice Stephen Gageler, ruled the federal government’s decision to place the CFMEU into administration is valid and lawful.

That takeover was started after allegations of years of intimidation on work sites, and revelations of bikie and criminal infiltration of the union, particularly in Victoria and NSW.

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The court dismissed all grounds of the constitutional challenge, including that the administration laws breached the separation of powers, the implied right of political communication, and amounted to the taking of union property without just terms.

Government and builders welcome ruling

The federal government has welcomed the decision, saying it will not tolerate corruption and violence in the construction sector.

“We need to focus on shifting the culture in the construction industry and ensure the bad actors we have seen infiltrating this sector are kept out,” Industrial Relations Minister Amanda Rishworth said.

“Construction workers deserve a union free from criminality, corruption and violence.”

Master Builders Australia chief executive Denita Wawn said the decision affirms that the administration was implemented in a constitutional manner.

“This reaffirms and continues the requirement for accountability and transparency in a sector too often marred by lawlessness and poor conduct,” Wawn said.

“This is a massive, massive change for the building and construction industry.

“It is very historic in the sense that we now have a situation where the court has confirmed that putting unlawful behaviour to one side in the building and construction industry is the right and the lawful thing to do.

“We’ve had four royal commissions into this industry over the last 40 years, and it has not deterred us in being able to get the right outcome, and that is a lawful union working within the industry and ensuring that everyone in the industry is working lawfully.”

Administration will continue

Administrator Mark Irving KC previously told parliament that the uncertainty of the High Court case was preventing him from hiring staff and whistleblowers from giving full and frank admissions.

The government says the administrator and his team can now continue their essential work in cleaning up the construction and general division of the CFMEU.

“We are committed to the administrator remaining in place until the job is done,” Rishworth said.

“We will continue to provide him and his team with all necessary support as they undertake their challenging and crucial task.”