[2025] FWC 1363
Citation: [2025] FWC 1363
What happened
the Applicant, a former Assistant National Secretary of the Construction and General Division of the CFMEU, applied for a certificate to be employed or engaged by an organisation. He was deemed a 'removed person' due to the administration of the Construction and General Division under the Fair Work (Registered Organisations) Act 2009. This arose from a scheme appointing Mark Irving KC as administrator, which declared his position vacant. The National Secretary of the CFMEU, Zach Smith, requested he return to assist with training and campaigns. No other parties objected to his application.
What was decided
The Fair Work Commission (FWC) granted the Applicant a certificate to be employed or engaged by an organisation. the Commissioner was satisfied that he is a 'fit and proper person' for this purpose. The decision stems from his application under section 323MD of the Fair Work (Registered Organisations) Act 2009, which allows the FWC to grant certificates to 'removed persons'. the Commissioner considered his long history in the union movement, including his previous role and experience, and found no reason to deny the certificate.
What it means for employers
Employers, particularly those with relationships with unions, should be aware of the potential for administrators to be appointed and the impact this can have on existing employees. This highlights the importance of understanding the Fair Work (Registered Organisations) Act and its implications for union officials.
What it means for employees
Employees who are deemed 'removed persons' due to administrative changes within a union may be eligible for a certificate to be employed or engaged. The Commission will assess their 'fitness' for the role, considering their history and any previous contraventions of workplace laws.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1363.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →