A slanging match has broken out inside the CFMEU over who is behind the union’s notorious history of lawbreaking, and the militant construction division points out that its mining brethren are no innocent bystanders.

The Construction, Forestry, Maritime, Mining and Energy Union on Thursday sought to block its mining division from splitting over a fallout with unionist John Setka by telling the workplace tribunal that miners were a substantial contributor to the union’s lawbreaking.