The past few months have seen significant developments in workplace law, with one of the most notable being the administration of the Construction and General Division of the CFMEU. Mark Irving KC has taken on the formidable task of cleaning up Australia’s most notorious union, amidst shocking allegations of bribery, corruption, and links to outlaw motorcycle gangs.

These revelations have sparked widespread controversy, igniting urgent calls for reform, and exposing a troubling picture of union leadership plagued by criminal influence and self-interest. In response, the government introduced legislation to streamline the path to administration, ultimately resulting in:

1. approximately 280 officials being removed from their union positions;
2. an interim investigation by Geoffrey Watson SC revealing that the Victorian branch has been infiltrated by organised crime and embroiled in a “cycle of lawlessness” where violence has become a part of the culture; and
3. Mr Irving taking several key steps, including:
   • requesting Mr Watson to continue his investigation and submit a final report to Mr Irving by 1 December 2024;
   • establishing an anonymous whistleblower service; and
   • creating an integrity unit to investigate both existing and new allegations against the CFMEU.

These developments raise pressing questions about the state of workplace law in Australia, sparking renewed debate over union oversight and regulation, and reinforcing the need for stronger mechanisms to prevent and address misconduct within unions.

In addition to these headline events, several important legislative changes came into effect on 26 August 2024, including:

1. empowering the Commission to address disputes regarding the right to disconnect;
2. redefining casual employment and establishing a clear conversion pathway;
3. giving the Commission authority over ‘employee-like’ workers in the digital platform space, allowing it to set minimum standards and resolve disputes over unfair deactivation; and
4. expanding the Commission’s jurisdiction to tackle disputes concerning unfair contract terms for independent contractors.

Meanwhile, the Full Bench has initiated work on developing a standard working-from-home clause for the Clerks – Private Sector Award 2020, which will likely serve as a model term for other modern awards.

The Commission has also reviewed its procedures for paid agents, with President Hatcher endorsing all five recommendations from a working group, including a requirement for paid agents (and, oddly, lawyers) to disclose costs upfront before any conciliation or hearing.

Lastly, Professors Mark Bray and Alison Preston have been appointed to lead an independent statutory review of the Fair Work Amendment (Secure Jobs, Better Pay) Act 2022. The review, due in January 2025, will assess the effectiveness of the amendments, identify any unintended consequences, and determine whether further legislative change is required.

As we approach the final months of 2024, it’s shaping up to be a busy period in the workplace law landscape. With many other significant developments unfolding, we’ll continue to keep you updated on the key issues impacting workplaces across Australia.

To keep up with the latest developments across employment, workplace relations and workplace health and safety law, sign up to our e-newsletter, Kingston Reidable by emailing [email protected].

The views expressed in this article are general in nature only and do not constitute legal advice.

Please do not hesitate to contact us if you require specific advice tailored to the needs of your organisation in relation to the implications of these changes for your organisation.