In an extraordinary development as in-fighting at the CFMMEU intensifies, legislation is expected to pass Federal Parliament allowing for individual divisions of large amalgamated unions to split from their parent.

Attorney-General and Minister for Industrial Relations Christian Porter is expected to introduce legislation that would facilitate the mining and energy, and manufacturing divisions of the CFMMEU to break-away from the more militant construction and maritime divisions.

The public spat between union divisions was laid bare with The Australian reporting the CFMEU’s mining and energy division secretary, Tony Maher, held talks with Minister Porter about the bill to allow the division, as well as the manufacturing division, to split from the dysfunctional CFMMEU.

“We have always dealt with the government of the day,” he said. “I am regularly in dialogue with the Federal government on a range of issues affecting my members, and the current highly restrictive demerger laws are among the issues I have raised.”

However, construction division national secretary, Dave Noonan took aim at Mr Maher, claiming he did not inform the CFMEU, the ACTU “nor any other union about his secret meeting with Christian Porter”.

“He still hasn’t told anyone what deals he has done with the Attorney-General and the Morrison government,” Mr Noonan said. “The government will use this bill to divert attention from the industrial relations omnibus bill it is putting to parliament next week, which is the beginning of a march back to WorkChoices.”

“Union officials making secret deals with the Attorney General on laws that will affect all workers and all unions provides a distraction from the government’s agenda of undermining working rights”.

“Tony Maher and the Mining and Energy Division have never made any proposal to disamalgamate from the union at any formal or informal meeting.”

In response to Mr Noonan, Mr Maher said: “It’s a lie that I’ve never raised our division’s desire to look at withdrawing from the amalgamated union. I’ve raised it with Dave several times and it’s been ignored.”

The legislation, separate to the Australian Government’s highly-anticipated Industrial Relations Omnibus Bill, will allow parts of registered organisations, which includes unions,  greater ability to de-merge from their amalgamated organisation.

The Fair Work (Registered Organisations) Act currently prevents parts of a registered organisation from de-merging five years after amalgamation.

Attorney-General and Minister for Industrial Relations, Christian Porter (pictured), said freedom of association is a “fundamental principle” of Australia’s industrial laws and this means that employees should have the right to associate in organisations according to their wishes.

“Within the union movement there are clear examples where the very poor conduct of one part of a union is impeding the ability of other divisions of the union to work effectively in the interests of their members,” he said.

The government’s Fair Work (Registered Organisations) Amendment (Withdrawal from Amalgamations) Bill 2020, will allow members of parts of registered organisations who are dissatisfied, to decide on their direction.

It will be introduced tomorrow, at the same time as the government’s Industrial Relations Omnibus Bill.

It will give the FWC the ability to approve an application for a ballot on the question of withdrawal from amalgamation afterthe usual five year period has elapsed, if it decides it is appropriate based on specified considerations.

Minister Porter said an example under the new proposal would be divisions of the CFMMEU being able to apply to the FWC for a ballot of their members to decide whether to break away.

“If the FWC approves the ballot going ahead and it is successful, divisions of the CFMMEU could then formally withdraw from the CFMMEU and form their own, standalone union, taking their members and assets with them,” he said.

The FWC would be required to consider a range of factors before approving an application, including:

• whether the amalgamated organisation has a record of not meeting the standards for registered organisations as set out in the Fair Work (Registered Organisations) Act 2009, and any contribution of the constituent part seeking to withdraw, to that record;
• whether the amalgamated organisation has a record of not complying with workplace or safety laws and any contribution of the constituent part to that record; and
• the likely capacity of the constituent part that forms a new organisation to promote and protect the economic and social interests of its members.

Where the FWC determines that organisation has a record of not complying with workplace and safety laws and that the record is not attributed to the division of the amalgamated organisation seeking to withdraw from the amalgamated organisation, the FWC must accept the application of the constituent part to hold a ballot to withdraw.

A review within two years of the Bill’s commencement will consider whether the amendments are operating effectively.