The Mining and Energy Division has applied to the Fair Work Commission for a member ballot to leave the CFMMEU and form an independent union.

The application and ‘scheme of withdrawal’ was unanimously approved by the Mining and Energy Division’s Central Council this week.

The application proposes a future standalone union, the Mining and Energy Union (MEU), which would cover existing members of the Mining and Division of the CFMMEU.

CFMMEU Mining and Energy said the Fair Work Commission would now determine the process and timing for the member ballot.

If a majority of members vote ‘yes’ to separating from the CFMMEU, all members would be transferred to the new standalone union.

The move comes after a vote at the 2021 Mining and Energy Division National Convention this month.

On a new website miningandenergyfuture.org.au, the division outlines the case for change.

It quotes general president Tony Maher: “A condition of joining the CFMEU in 1992 was the guarantee that our division could operate autonomously and continue our proud tradition representing Mining and Energy workers.

“Divisional autonomy has been a fundamental principle of the amalgamated Union. It means that our division controls its own assets, employs its own staff, determines its own priorities and our members directly elect their delegates, board representatives and full-time officials.

“In the past, the CFMMEU would rely upon consensus building between the divisions and districts, however in the last few years our autonomy has been threatened by the use of raw numbers by the Construction and General Division, to force decisions in their favour.

“The only way we can protect our voice, our union, is to vote yes to an independent Mining and Energy Union”.

Immediately after the Mining and Energy Division National Convention resolution to break away, the Construction and General Division and Maritime Division of the union issued a statement noting the outcome ‘with disappointment’.

Mining and Energy Division leadership had failed to declare its intention to seek a demerger in the democratic forums of the union, CFMMEU Construction and General national secretary Dave Noonan and Maritime Union of Australia national secretary Paddy Crumlin said in a joint statement.

“Members in all the industries we cover have stood together through many tough times over many decades, particularly in recent years during constant political and industrial attacks on our members,” they said.

“We have stood shoulder to shoulder on major campaigns like at the Gordonstone mine, on the Patrick picket line, at Oaky Creek, against the destruction of mining communities by FIFO arrangements, for industrial manslaughter laws, and in the Your Rights At Work campaign.

“We continue to support and will fight for mineworkers’ rights to safe and secure jobs, a future in the coal industry, and in mining communities everywhere.

“We believe we need to make this unabridged and absolute commitment to mining and energy members as we can only conclude this was not communicated to the members at the convention.”