CFMEU turmoil as mining and manufacturing divisions apply to break away

Mining and energy division cites construction division’s record of not complying with workplace laws in new application.

The CFMEU mining and energy division president says the new application has been supported by a petition of 2938 members. Picture: AAP

The CFMEU’s manufacturing division has joined its mining and energy division in applying to split from the union, declaring a breakdown in relations between rival officials “unfixable”.

After losing an initial attempt to split from the union on technical grounds, the mining and ­energy division’s new application relies on contentious changes introduced by the ­Coalition government in 2021.

Under those changes, the Fair Work Commission can accept an appli­cation made more than five years after their merger, but the mining division has to document the construction division’s record of not complying with workplace or safety laws.

CFMEU mining and energy division president Tony Maher.

Tony Maher, the division’s general president, said the application had been made under the provisions introduced by the Coalition. He said legal setbacks had not dimmed the union’s ­determination to give members a vote on their future.

“Our central council has again this week reaffirmed its unanimous support for pursuing a ballot to give members a voice,” he said. “Our members across the mining and energy industry face considerable challenges and want a union fully committed to their interests. They want to vote on their union’s future and we are hopeful today’s application means they will get the opportunity soon, without further legal interference.”

The union’s former national secretary, Michael O’Connor, said the manufacturing division had also applied to conduct a ballot of members to vote on splitting from the CFMEU. “This is a big decision, it’s not taken lightly,” he told The Australian.

“The nature of union officials is if you see a problem, you fix it. You see a health and safety problem, you fix it. You see a wage problem, you fix it. You see a problem in your industry about job security, you fix it. It’s in our DNA.

“It takes a lot for us to say something’s unfixable, that you can’t fix it.

“What really concerns us is not only is it unfixable, we think it’s going to get worse, and we’re not waiting for it to get worse.”

He said attacks on the manufacturing division by the construction division and three years of dysfunction in the broader division could not be tolerated.

“This situation is disrupting our primary role of advancing the wages, conditions, job security and work rights of our members, and it’s costing our members money,” Mr O’Connor said.

“The manufacturing division’s priority is to protect the interests of our members: their job security, pay and conditions.

“Despite the disruption and turmoil caused over the last few years, this division has secured some significant wins for our members, notably for timber and forestry workers, and textile ­industry workers.”

Dave Noonan, the head of the union’s construction division, ­denied Mr Maher’s claim that the construction-dominated ­national office had interfered in the ­process.

He said he would be happy to have talks with the mining division, which would be “cheaper than paying a gaggle of KCs to recommence litigation and go through the ridiculous processes we saw over the last couple of years”.

“We always thought their last application was doomed to failure and it was a huge waste of time and money. If they want to have a serious discussion about the ­future, we’re open to it,” he said.

“We just want to make sure the interests of construction workers are protected.”

He hit back at Mr O’Connor, saying he was upset about no longer being national secretary.