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Withdrawal update

December 22, 2022

After protracted legal proceedings, there is positive news for our application to withdraw from the CFMMEU, writes General Secretary Grahame Kelly

We are pleased to report we have made important progress in our application for a ballot of members to withdraw from the Construction Forestry Maritime Mining and Energy Union (CFMMEU).

Since National Convention voted unanimously in March 2021 to apply for a ballot to withdraw from the amalgamated union, we have faced numerous legal challenges and had our first application to the Fair Work Commission rejected on technical grounds.

We have since made a second application.

During the process to date, we have faced on-going legal challenges to our application from the CFMMEU.

However, after lengthy discussions, we have reached agreement with the CFMMEU over a mutually acceptable pathway to withdrawal and eligibility rules for each union.

Members can be reassured that the agreement over eligibility reflects current practice and ensures all current members can remain being covered by the Mining and Energy Union. This agreement is not the end of the process, however we are optimistic that the path ahead will now be quicker and smoother.

The Fair Work Commission will assess the terms proposed in the agreement and continue considering our application for a member ballot, with further hearings scheduled for March 2023. If the proposed rule changes for each union are approved by the Fair Work Commission, our application will proceed without further legal challenge by the CFMMEU.

We remain committed to honouring the unanimous decision by National Convention, which has since been reaffirmed by Central Council, to give members a democratic say over their future. 
We thank members for their patience and look forward to finalising this matter in 2023.

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