Release type: Media Release


Coalition Government to ensure certainty for employers and employees


Senator the Hon Eric Abetz
Minister for Employment
Minister Assisting the Prime Minister for the Public Service
Leader of the Government in the Senate

The Coalition Government will intervene in appeals by the Victorian Government against two Federal Court decisions.

Minister for Employment Eric Abetz notified the Federal Court today of the Government’s decision to intervene.

The Federal Court decisions in CFMEU v State of Victoria, and CFMEU v McCorkell Constructions, centre around the tender processes for construction of Bendigo Hospital and the Circus Oz Project in Collingwood.

The Court found that Victoria and principal contractors breached the General Protections provisions of the Fair Work Act due to Victoria’s requirement that contractors comply with the Victorian Implementation Guidelines for the Building and Construction Industry (Victorian Guidelines) in order to be awarded government-funded building work.

"As the Federal Court’s decisions may have significant implications for the operation of the general protections provisions of the Fair Work Act, I consider it to be in the public interest that the Commonwealth intervene to make submissions about their correct interpretation,” Senator Abetz said.

"As this matter is before the Court, I will not be making any further comment in regard to the appeals at this time.”