Demerger ballot: Setback in the Fair Work Commission, but we are still determined to give members a say

Published: 14 Sep 2021

Today, we have had a disappointing setback in our efforts to give members a say over our future in the CFMMEU.

The Fair Work Commission has dismissed our initial application for a member ballot on whether to demerge from the amalgamated union.

We will take a close look at today’s decision and seek legal advice on next steps.

However, please be assured that we are committed to continuing down the path set by our National Convention in March, where there was unanimous support for giving Mining and Energy members a democratic vote on our future.

Today’s decision by the Fair Work Commission was based on the threshold issue of the relevant date of our Division’s amalgamation with the CFMMEU – whether 2018 as per our application or the earlier date of 1992. The Commission ruled we could not rely on the 2018 date.

We have been aware for some time that the legal process would be lengthy and complicated due to the law in this area and efforts by the Construction Division to prevent Mining and Energy members going to a ballot.

However, this is far from the end of the road.

Since starting this process, many members across all Districts have expressed support for moving forward as an independent Mining and Energy Union. It is our intention that all members should have a say. We will keep you up to date with further developments.

- Tony Maher, General President