'Unconstitutional': CFMEU to challenge the government's takeover in the High Court

The new legislation, which passed the Senate in August, places the construction and general division of the union into administration for a minimum of three years.

Former CFMEU head Jade Ingham called the government's forced administration move "an extraordinary attack" on all trade unions. Source: AAP / Darren England

The Construction, Forestry and Maritime Employees Union (CFMEU) has launched a legal challenge in the High Court against laws that force the union's construction and general division into administration.

Following allegations of association with criminal organisations, corruption and bullying detailed in an investigation undertaken by Nine mastheads and 60 Minutes, the government passed new legislation forcing the division into administration for up to three years.

Union bosses across the country have vowed to fight the administration, branding the federal government a traitor to the labour movement.

In late August more than 60,000 workers downed tools across the nation to march through capital cities and protest the government takeover.

Speaking to reporters on Tuesday, former national president Jade Ingham said the CFMEU is seeking a declaration that the laws are "unconstitutional" in the High Court and the removal of the administrator.

Ingham said the laws threatened freedom of association, separation of powers and the right for people to form and be represented by unions in Australia.

"These laws should concern any Australian who is concerned about our democracy and who cares about our country," he said.

Ingham said the laws were "unconstitutional", "undemocratic" and "definitely un-Australian" and that the workers who "stand to lose the most" were those working in dangerous industries.

"It is their voice who's been excluded from this entire discussion," he said.

In response to the legal challenge, Prime Minister Anthony Albanese said it was expected and the government will stand by its position.

Speaking in Perth, Albanese referred to previous CFMEU head John Setka's failed legal challenge after being expelled from the Labor Party in 2019.

Speaking last week, Workplace Relations Minister Murray Watt, who oversaw the passing of the laws allowing for administration, said they were written to withstand a legal challenge.

"We have absolutely expected that the CFMEU, and potentially other unions, would seek to challenge the legislation," he told ABC radio.

Ingham said there has been a groundswell of support for the CFMEU from the broader union movement and thanked the Electrical Trades Union, which said it would withhold $1 million from Labor ahead of the federal election, as well as the United Firefighters Union.

With reporting by the Australian Associated Press