Court win for miners in CFMEU war as rule changes halted

Union’s construction division prevented from making rule changes that threatened to start a membership poaching war.

CFMEU mining division general president Tony Maher. Picture: Supplied

Attempts by the CFMEU’s militant construction division to recruit members from the rival mining division have suffered a setback after the Federal Court found there was a “prima facie” case the strategy was against the union’s rules.

Hours before controversial rule changes were expected to be endorsed by the union’s national executive on Friday, Justice John Snaden ordered the construction division refrain from settling its coverage dispute with the mining division at the meeting.

In his written judgment, Justice Snaden said current union rules seemed to contemplate that all union members in the mining, exploration and energy industries, including those performing construction work, should be allocated to the mining and energy division.

But the construction division’s national executive resolution would potentially permit

construction workers in the mining, exploration or energy industries to be allocated to the construction division.

He said this outcome would at least arguably “and I think strongly so” be against the union’s rules which appear to “forbid” the construction division’s proposal.

Justice Snaden said he was satisfied there was a prima facie case that national executive members collectively would have endorsed the outcome sought by the construction division “and, by doing so” conduct themselves in a way that was contrary to the union rules.

The national convention of the mining and energy division is to meet on Monday to vote on the first stage of splitting from the union.

Justice Snaden said the construction division’s national executive resolution had a real prospect of “visiting genuine prejudice” upon the mining and energy division, or its members. “Whether it is designed to or not, the construction and general resolution has the potential to cause real confusion — and, potentially, genuine disputation and disruption — concerning the eligibility limits of each division,” he said.

“That scope for uncertainty might well influence, potentially adversely (for those who favour disaffiliation), the deliberations of the upcoming mining and energy divisional conference. It might serve as a future source of disputation… (and) in that sense, the respondent’s offer to undertake that there would be no “poaching” of mining and energy division members rings somewhat hollow.”

Justice Snaden said he was satisfied there was “at least a prima facie case” the construction division national secretary Dave Noonan had wrongly held himself out as holding the office of the union’s acting national secretary and national assistant secretary.

But he said he was not persuaded the balance of convenience warranted an interim direction that Mr Noonan cease to hold himself out as the union’s acting national secretary or national assistant secretary.

Justice Snaden adjourned the dispute to a case management hearing on a date to be fixed.

Mining division general president Tony Maher said the division was pleased the court “put a stop to this disingenuous attempt to disrupt our important discussions at next week’s national convention. “Our members are entitled to decide their future without interference from others,” he said.

The court action is the latest instalment in the civil war between rival camps of the Construction Forestry Maritime Mining and Energy Union, with the construction and maritime divisions in conflict with the manufacturing, mining and energy divisions.