Document ID: chunk:federal_register_of_legislation:C2024A00074:clause:1_177a:p1
Version: federal_register_of_legislation:C2024A00074
Segment Type: clause
Provision Reference: sch 1 cl 177A (pt 1/3)
Character Range: 2234–4952

177A  Restrictions on removed persons being bargaining representatives

Definition of removed persons
 (1) A person is a removed person if:
 (a) any of the following events has happened as a result of a scheme determined under subsection 323B(1) of the Registered Organisations Act (a scheme for the administration of the Construction and General Division of the CFMEU and its branches):
 (i) the person is removed (however described and including by having their office vacated) or suspended as an officer (within the meaning of this Act), or the person's role as an officer otherwise comes to an end;
 (ii) the person's employment, as a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches, is terminated or otherwise comes to an end, or is suspended;
 (iii) the person is removed (however described) or suspended as a workplace delegate, or the person's role as a workplace delegate otherwise comes to an end; and
 (b) if the event involved suspension—the suspension has not ended.
 (2) A person is also a removed person if:
 (a) on or after 1 July 2024 and before the Construction and General Division and its branches are placed under administration by force of subsection 323A(1) of the Registered Organisations Act, the person, by the person's own choice:
 (i) ceases to be an officer (within the meaning of this Act) of the Construction and General Division or any of its branches; or
 (ii) ceases to be a person employed by the CFMEU or any of its branches, divisions or parts working in the Construction and General Division or any of its branches; or
 (iii) ceases to be a workplace delegate for members of the Construction and General Division or any of its branches; and
 (b) during the period of the administration, the administrator formed the opinion that, if the person had not made the choice, the administrator would have taken action under the scheme of administration to ensure the person ceased to be an officer, employee or workplace delegate (as applicable).

Removed person must not be bargaining representative without a certificate
 (3) A removed person must not do any of the following, whether in their personal capacity or any other capacity:
 (a) be a bargaining representative of an employee or employer;
 (b) purport to be a bargaining representative of an employee or employer;
 (c) hold out that the person is a bargaining representative of an employee or employer.
Note: This subsection is a civil remedy provision (see Part 4‑1).
 (4) Subsection (3) does not apply if the removed person holds a certificate granted under subsection (7).
 (5) If, in proceedings for a pecuniary penalty order