Demerger decision appealed to Federal Court

Published: 23 Sep 2021

The Mining and Energy Division has lodged an appeal in the Federal Court against a Fair Work Commission decision dismissing our application for a member ballot on withdrawing from the CFMMEU.

A Central Council meeting yesterday reaffirmed the Union’s commitment to giving members the chance to vote on demerging from the CFMMEU.

The ballot application lodged in March was dismissed by the Fair Work Commission on narrow technical grounds concerning the relevant date of amalgamation.

General President Tony Maher said the appeal was based on legal advice and the Union would continue to pursue all available options to give members a say over the future direction.

Meanwhile, Central Council has backed a rule change to formally change the name of the Division to ‘Mining and Energy Union’. Lodges will be asked to also consider approving the change which will mean the Mining and Energy Union will be the new name, both for our remaining time as a Division of the CFMMEU and should members approve the withdrawal, when they finally get the chance to vote as expected, this will be the new name of our independent union.

“We are hearing loud and clear from many of our members that they no longer wish to be associated with the CFMEU brand,” said Mr Maher.

“As we work through the complex and lengthy legal process to give members a vote on demerging, we intend to operate independently as a Mining and Energy Union.”

“Many members across all our Districts have expressed support for moving forward as an independent union and the proposed name change reflects our efforts and intention; all members are encouraged to raise views and concerns through their Lodges and Districts.”