The short answer
Fair Work Amendment (Disqualified Officers) Bill 2026: removing the five-year limit on CFMEU administrator bans
The Fair Work Amendment (Disqualified Officers) Bill 2026 is a private senator's bill introduced in the Senate by Senator Jane Hume (Victoria) on 19 August 2026. It would amend the Fair Work (Registered Organisations) Act 2009 to remove the five-year statutory limit that currently applies to disciplinary action under the scheme of administration for the Construction and General Division of the CFMEU, so the administrator could impose a longer or indefinite period of expulsion or disqualification of officers where warranted. The explanatory memorandum cites the administrator's public statement that the current rules limited him to a maximum five-year suspension. As of 21 August 2026 the bill was before the Senate and had not been enacted.
This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.
The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.
Evidence review
What the bill would do
The bill would amend paragraph 323B(3)(e) of the Fair Work (Registered Organisations) Act 2009, which currently requires the scheme of administration for the Construction and General Division of the CFMEU to provide for disciplinary action by the administrator, including expulsion of members and disqualification of officers for up to five years.
The bill would remove the five-year statutory limit, giving the administrator the option to impose a longer or indefinite period of expulsion or disqualification where warranted, according to the explanatory memorandum.
The bill was circulated by authority of Senator Jane Hume. Under the bill's commencement table, Schedule 1 would commence on the day after the Act receives Royal Assent.
Evidence review
Background: the CFMEU administration
The Fair Work (Registered Organisations) Amendment (Administration) Act 2024 placed the Construction and General Division of the CFMEU and each of its branches into administration. The explanatory memorandum says the administration is ordinarily to end after five years.
Under section 323B of the Fair Work (Registered Organisations) Act 2009, the Minister determines the scheme of administration, and the scheme must cover matters including suspension or removal of officers, declaring offices vacant, elections and disciplinary action.
The explanatory memorandum notes that the in-force Fair Work (Registered Organisations) (CFMEU Construction and General Division Administration) Determination 2024 provides that a member expelled by the administrator cannot apply for readmission for a period determined by the administrator, so long as that period is not greater than five years.
Evidence review
What the change would mean in practice
If enacted, the amendment would change the maximum period of disciplinary measures available under the administration scheme from five years to no statutory maximum, leaving the duration to be determined by the administrator in each case.
The explanatory memorandum describes the change as giving the administrator the option to impose a longer or indefinite period where warranted. The bill does not itself prescribe what period should apply to any individual, and it does not change the other elements of the scheme of administration, such as elections, the declaring of offices vacant, or the conduct of ballots.
Because the bill is a private senator's bill, it has no government carriage commitment attached to it in the bill record. Whether the Senate considers it, and in what form, will be determined by the chamber's program and by any amendments moved during debate.
Evidence review
Why the limit is being challenged
The explanatory memorandum says that since the administration has been in force there have been concerning allegations made in the public domain about the conduct of the CFMEU, and that against this background it is concerning that the administrator's disciplinary powers remain subject to an arbitrary five-year limit.
It quotes the current administrator, Michael Crosby AM, who said in an interview with ABC's 7.30 program on 30 July 2026 that the rules limited him to a maximum period of five years in suspending a member's membership, and that was as much as he could do.
These statements are reported in the explanatory memorandum as the bill's rationale. They are attributed characterisations; the bill itself is the operative proposal before the Parliament.
Evidence review
Parliamentary status
The bill was introduced in the Senate and read a first time on 19 August 2026, with the second reading moved the same day. It is a private senator's bill sponsored by Senator Hume, so it originated in the Senate.
The Parliament of Australia bill page records its status as 'Before Senate' and lists no proposed amendments as circulated as of 21 August 2026.
As of 21 August 2026 the bill had not been enacted. It would need to pass the Senate and the House of Representatives and receive Royal Assent before the five-year limit could be removed.
Common questions
Before you rely on the answer
What would the Fair Work Amendment (Disqualified Officers) Bill 2026 do?
It would remove the five-year statutory limit on disciplinary action under the CFMEU Construction and General Division administration scheme, allowing the administrator to expel members or disqualify officers for a longer or indefinite period where warranted.
Who introduced the bill?
Senator Jane Hume of Victoria, as a private senator's bill, in the Senate on 19 August 2026. It is not a government bill.
Why does the explanatory memorandum say the bill is needed?
It says the administrator's disciplinary powers remain subject to an arbitrary five-year limit, and quotes the administrator, Michael Crosby AM, saying the rules limited him to a maximum five-year suspension.
Does the bill change the CFMEU administration itself?
No. The administration was established by the Fair Work (Registered Organisations) Amendment (Administration) Act 2024. The bill would only amend the disciplinary powers available under the administration scheme in the Fair Work (Registered Organisations) Act 2009.
Has the bill become law?
No. As of 21 August 2026 the bill was before the Senate with no amendments circulated. It must pass both houses and receive Royal Assent to become law.
Source spine
Primary material used for this guide
- Parliament of Australia — Bill homepage — checked 2026-08-21
- ParlInfo — Explanatory Memorandum, Fair Work Amendment (Disqualified Officers) Bill 2026 — official record — checked 2026-08-21
Review trigger: New bill introduced in the Senate on 19 August 2026 (create). Review when the second reading debate resumes or the bill is referred to a committee, when it passes either house, upon Royal Assent, or if the CFMEU administration scheme is otherwise amended.
Archive note: This article reviews the Fair Work Amendment (Disqualified Officers) Bill 2026 as introduced in the Senate on 19 August 2026, based on the Parliament of Australia bill page and the explanatory memorandum, checked on 21 August 2026. The bill is a proposal and has not been enacted. Statements about the CFMEU and the administrator are reported as attributed claims in the explanatory memorandum, not as independent findings by OzPolitics.
Primary links are provided without affiliate or tracking parameters. Confirm that the source still applies to the bill, sitting date, jurisdiction or reporting period before relying on it.