[2025] FWC 1363
Citation: [2025] FWC 1363
What happened
Nigel Davies, 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 Mr Davies' position vacant. The National Secretary of the CFMEU, Zach Smith, requested Mr Davies return to assist with training and campaigns. No other parties objected to his application.
What was decided
The Fair Work Commission (FWC) granted Nigel Davies a certificate to be employed or engaged by an organisation. The Commission 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 Commission 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.
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?
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This summary was drafted by AI 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 →