CFMEU administrator says union dealt with organised crime-linked firms to protect members

Mark Irving KC tells inquiry the union's engagement with criminal-linked companies was a defensive necessity

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By LineZotpaper

Published26 August 2026

Read Time3 min

Former CFMEU administrator Mark Irving KC has told an inquiry that the union engaged with companies linked to organised crime as a measure to protect its members, describing the dealings as unavoidable in the construction industry.

Mark Irving KC, the former administrator of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), has told a parliamentary inquiry that the union was effectively forced to deal with firms linked to organised crime as part of its duty to protect workers.

Irving's evidence, delivered on Tuesday, provides a rare insider account of the union's conduct during the period before the federal government placed it into administration in August 2024. He said the union's engagement with such companies was not an endorsement of criminality but a pragmatic response to a workplace environment where organised crime had embedded itself in subcontracting networks.

"The union was protecting its members by engaging with these companies," Irving told the inquiry. "In the construction sector, you cannot simply walk away from a site because a contractor has questionable associations — workers still need representation."

Irving was appointed administrator after a series of media investigations exposed alleged links between CFMEU officials, bikie gangs and organised crime figures, particularly in Victoria and New South Wales. The revelations prompted the federal government to apply to the Federal Court for the union to be placed under administration, citing serious concerns about corruption and intimidation.

The inquiry is examining the effectiveness of the administration and the broader governance of the union. Irving's testimony is significant because it offers a defence of decisions that have been criticised by anti-corruption campaigners, who argue the union should have severed ties with criminal elements entirely.

A spokesperson for the CFMEU declined to comment on Irving's evidence, stating that the union remained focused on its ongoing reform process under the current administrator. The union has previously denied systemic corruption, characterising instances of misconduct as the actions of a small number of individuals.

Employment and Workplace Relations Minister Michael Lane said the government "welcomed" Irving's testimony but emphasised that no level of criminal association was acceptable. "The CFMEU was placed into administration for a reason," Lane said. "Any union that values its members must draw a hard line against organised crime, not accommodate it."

Legal experts noted that Irving's evidence could complicate the narrative that the union was a passive victim of criminal infiltration. Professor Samantha Delaney, an industrial relations scholar at the University of Sydney, said the testimony"shows the union made operational choices, and those choices will now be scrutinised."

The inquiry continues to sit this week, with further evidence expected from former union officials and regulatory bodies. A final report is due to be delivered by the end of the year.

Analysis

Why This Matters

The inquiry's findings could shape future regulation of Australian trade unions, particularly around governance and anti-corruption compliance.
The testimony provides a rare, firsthand explanation of how the CFMEU navigated organised crime links, potentially influencing political and public perceptions of the union's administration period.
The outcome may determine whether current reform efforts are seen as sufficient or whether further government intervention is required.

Background

The CFMEU was placed into administration by the Federal Court in August 2024 following an investigation by The Age, The Sydney Morning Herald and 60 Minutes that alleged union officials had accepted bribes from organised crime figures, including members of the Comanchero and Hells Angels bikie gangs. The allegations focused on the union's Victorian and New South Wales branches, where officials were said to have used their influence to steer contracts toward criminal-linked companies.

The government appointed Mark Irving KC as administrator to clean up the union. Irving's mandate included reviewing all business relationships and stamping out corruption. Over the following months, he dismissed dozens of officials and severed agreements with multiple companies identified as having criminal ties. His current testimony is a departure from earlier statements, in which he largely avoided publicly discussing the reasons behind those dealings.

Key Perspectives

[Mark Irving KC / Former administrator]: He argues the union had no realistic alternative but to engage with criminal-linked firms to maintain a presence on worksites and advocate for workers. He frames the conduct as defensive and protective, not collaborative.

[Federal government / Minister Michael Lane]: The government maintains that any dealing with organised crime is unacceptable and that the union's administration was justified. Officials are likely to use the testimony to defend their intervention and push for stronger legal safeguards.

[Anti-corruption advocates and critics]: They contend that Irving's characterisation of events is overly generous and that the union should have refused to deal with such companies, even at the cost of short-term representation. They argue the evidence reveals governance failures rather than impossible choices.

What to Watch

Further evidence from other witnesses, including current CFMEU officials and law enforcement agencies, as the inquiry continues.
Whether Irving's testimony leads to calls for a broader inquiry into organised crime's influence in the construction industry.
The final inquiry report, expected by the end of 2026, and whether it triggers legislative changes to union governance rules.

Sources

CFMEU forced to deal with organised crime-linked companies, inquiry told — Just In