Mining division to vote on leaving CFMEU

The Fair Work decision approving the holding of a demerger ballot is a victory for John Setka’s opponents.

Mining and Energy Union general president Tony Maher.

The CFMEU’s mining and ­energy division has won the ­approval of the Fair Work Commission to hold a secret ballot of its 21,000 members about whether to split from the union.

The decision is a victory for opponents of John Setka, the union’s construction division Victorian secretary.

Two years after its first demerger application, the commission on Monday endorsed the holding of the ballot, with the result to be known by the end of June.

The mining and energy division became part of the union as a ­result of amalgamation in 1992.

If successful, the breakaway union will be known as the Mining and Energy Union. Despite the split, the rival unions have agreed the remaining divisions will be known as the CFMEU.

Mining and Energy Union general president Tony Maher said the ballot of members would decide whether “we become an independently registered organisation or remain a division of the Construction Forestry Maritime Mining and Energy Union”.

“It has been two years since our national convention voted unanimously to seek a ballot of members and our first application to the Fair Work Commission was made,” he said.

“While there have been many legal delays, our determination to give members the choice of an independent future hasn’t dimmed.

“Our union is financially ­secure and entirely focused on the interests and needs of our members in the mining and ­energy industries. We will now work through the practical steps of running the ballot and giving all members their democratic say.”

In its decision, the commission said the mining and energy division had total comprehensive income of $14.37m and net assets of $132.8m. The construction and general division had total comprehensive income of $10.78m and net assets of $112.1m. The maritime division had comprehensive income of $1.73m and net assets of $46.38m at the end of 2021.