CFMEU civil war erupts over John Setka’s ‘unprincipled’ poaching of members

Divisions at the CFMEU erupt over John Setka’s ‘unprincipled’ poaching of members.

CFMEU secretary John Setka. Picture: AAP

The civil war engulfing the CFMEU has erupted publicly, with the union’s influential mining and energy division backing potential court action against John Setka’s Victorian construction branch for the “unprincipled” poaching of members.

In an extraordinary move, the mining and energy division’s central council on Thursday passed a motion attacking Mr Setka’s branch, and warned the CFMEU “cannot function effectively” unless the union’s rules were followed.

CFMEU national president Tony Maher, who is also the mining division president, told The Australian the mining division would support legal action against Mr Setka’s branch if the manufacturing division took action in the Federal Court over the poaching of its members.

“Absolutely,’’ he said. “We take very seriously the application of the rules. Nobody is above the rules. They would support court action to apply the rules.”

He said he had paperwork showing 19 members had resigned from the manufacturing division

but the letters were on Victorian construction division letterhead.

He said Mr Setka told him that “hundreds” of manufacturing division members had resigned and joined the construction division.

“Miners will go berserk about divisional autonomy,’’ he said. “We are a stickler for the rules and divisional autonomy. We will not tolerate any change to that. If they take court action, we are likely to support it.”

Leo Skourdoumbis, the manufacturing division’s acting national secretary, said he was investigating allegations that the construction division had enlisted employers to help poach members. He said legal action against the construction division was being examined.

Asked what message it sent that Mr Setka remained one of the union’s senior officials despite pleading guilty in June to harassing his wife. Mr Maher told ABC television: “It’s obviously a major issue. I am always on the side of victims when it comes to domestic violence.”

He said members had resigned from the union in protest at Mr Setka staying on. “It’s difficult enough to get young women involved in the trade union movement without having publicity around this,’’ he said.

He revealed the union’s national executive had not met since comments Mr Setka allegedly made about Rosie Batty in June were leaked. Mr Setka has denied disparaging Ms Batty.

Mr Maher said Mr Setka’s future was a matter for the Victorian construction division but he warned the ongoing controversy was making it harder for the union movement to stop the passage of the Coalition’s Ensuring Integrity bill. “(The dispute) is a destructive thing at the worst possible time in the trade union movement,’’ he said.

The mining division’s central council urged the union’s national and state construction division branches to take action to “rectify the missteps” taken by Mr Setka’s branch. “This can only be resolved by the construction divisions,’’ Mr Maher said.

Until now, officials of the Construction, Forestry, Maritime, Mining and Energy Union have refrained from publicly attacking Mr Setka.

The Australian revealed in August that national officials were threatening Federal Court action against Mr Setka after he allegedly demanded two manufacturing division organisers defect to the construction divisions and “pinch” manufacturing members.

CFMEU national secretary Michael O’Connor and officials of the manufacturing division subsequently moved out of the union’s Victorian head office because of the mounting conflict with Mr Setka.

Referencing the controversies swirling around Mr Setka, Mr Maher said: “Responding to pressure by attacking another division of the same union for personal or political reasons is wrong.”

“The mining and energy division will not tolerate breaches of rules and the principle of divisional autonomy. In this case, we support the manufacturing division and call for the longstanding status quo on coverage to be respected.

“In supporting this motion, we are calling on the construction and general division to address this issue and refocus on building a strong and united union.”

The mining and energy division’s central council is its highest decision-making body, with elected representatives including national officials, district officials and rank and file members.

The council’s motion resolved to endorse the actions of the central executive in supporting the manufacturing division against the “unprincipled actions” of the Victorian construction and general branch.

“The mining and energy division does not support the poaching of members and we do not support signing up members or potential members of other divisions where established custom and practice has settled potential competing coverage rights issues,’’ the motion says.

The motion says mining division officials “condemn what we see as a clear breach of the union’s rules and divisional autonomy”.

“We call on the ranches of the C&G division to rectify the missteps taken by the Victorian C&G branch and urge all C&G branches to refrain from this approach.

It said the amalgamated union has a proud history of working together.

“Together, we are a strong, militant, well-resourced union that stands up for our members, makes a difference in our communities and fights for progressive values,’’ it said.

“This meeting of Central Council is also extremely concerned that our union cannot function effectively, unless all divisions respect our shared Rules, the legacy of our founding brothers and sisters (from whichever division or walk of life they came) and of those that have come since.

“And we call for frank, open and honest discussion to overcome our current challenges, because working people need a strong and united CFMEU.”