September 27, 2021
We have had a setback on giving members a say over our future in the CFMMEU, but in the meantime we plan to move ahead with changing our name to reflect our operation as an independent Mining and Energy Union.
On 14 September, we received the disappointing news that the Fair Work Commission had dismissed our initial application for a member ballot on whether to demerger from the CFMMEU.
The decision based on the narrow technical 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.
The following week, a Central Council meeting reaffirmed our commitment to give members the chance to vote on demerging from the CFMMEU and based on legal advice we lodged an appeal in the Federal Court on 21 September.
We have asked the Federal Court to consider our matter as soon as possible, given the dysfunction within the CFMMEU national office and the Construction Division’s determination to derail our efforts to give members a say through a democratic ballot.
We will continue to pursue all available legal options to carry out the unanimous decision by National Convention in March to vote on demerging and moving forward as an independent union.
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 for our remaining time as a Division of the CFMMEU and – should members approve the withdrawal when they finally get the chance to vote – this will be the new name of our independent union.
We are hearing loud and clear from many of our members across all Districts that they no longer wish to be associated with the CFMEU brand. Changing our name will be a small but symbolic step, showing that even as we work through the complex and lengthy legal process towards a ballot we intend to operate independently as a Mining and Energy Union.
The proposed name change reflects our efforts and intention to operate as an autonomous union for mining and energy workers. Lodges will be given an opportunity to have their say on this issue and all members are encouraged to raise views through their Lodges and Districts.