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Construction, Forestry and Maritime Employees Union

(Redirected from Construction Forestry Mining and Energy Union)

The Construction, Forestry and Maritime Employees Union (CFMEU) is Australia's largest union in the construction, forestry, maritime, textile, clothing and footwear production industries.

CFMEU
Construction, Forestry, and Maritime Employees Union
Founded1992[citation needed]
HeadquartersMelbourne, Victoria
Location
  • Australia
Members
126,063 (as at 31 December 2023)[1]
National Secretary
Christy Cain
Key people
Paddy Crumlin (MUA National Divisional Secretary)
Zach Smith (C&G National Divisional Secretary)
Michael O'Connor (Manufacturing National Divisional Secretary)
Websitewww.cfmeu.org.au

The CFMEU has offices in all capital cities in Australia and in many major regional centres with the national office of the union being in Melbourne. Before the 2018 merger, the CFMEU had an estimated 120,000 members and employed around 400 full-time staff and officials.[2]

In March 2018, a two-year long process ended resulting in a merger between the old CFMEU, the Maritime Union of Australia and the Textile, Clothing and Footwear Union of Australia. The new CFMEU had a membership of approximately 144,000, 1% of the Australian workforce, with combined assets of $310 million and annual revenue of approximately $146 million.[3]

In July 2024, The Age, The Sydney Morning Herald, 60 Minutes and the Australian Financial Review published allegations of corruption within the Construction Division of the CFMEU's Victorian Branch.[4] After the allegations were made, the CFMEU's Victorian Branch was placed under independent administration, the ACTU suspended its affiliation with the CFMEU's construction division in some states and the construction division's affiliation with some Labor state branches was suspended.[5][6]

In August 2024, Attorney-General Mark Dreyfus placed all of the CFMEU's construction and general divisions under administration with around 270 officials being told to vacate their offices.[7][8]

Leadership

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  • National[9]
    • National Secretary – Christy Cain
    • National President – Paddy Crumlin
    • National Assistant Secretary – Lisa DuBois
  • Construction & General Division (C&G)[10]
    • C&G National Divisional Secretary – Zach Smith
    • C&G National Divisional President – Jade Ingham
    • C&G Queensland-Northern Territory Divisional Branch Secretary – Michael Ravbar[citation needed]
    • C&G New South Wales Divisional Branch Secretary – Darren Greenfield[11]
    • C&G Australian Capital Territory Divisional Branch Secretary – Zachary Smith[12]
    • C&G Victoria-Tasmania Divisional Branch President – Robert Graauwmans[13]
    • C&G Western Australia Divisional Branch Secretary – Mick Buchan[14]
  • Maritime Union of Australia Division (MUA)[15]
    • MUA National Divisional Secretary – Paddy Crumlin
  • Manufacturing Division[citation needed]
    • Manufacturing National Divisional Secretary – Michael O'Connor

Divisions

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The CFMEU is structured into four divisions, each operating largely autonomously. Each division has its own discrete set of rules. Members of divisions are also divided into either districts or branches. Elections for office positions within the organisation, for which the term of office is four years, are predominantly conducted by the AEC. The Mining and Energy Division, however, holds exemptions from having their elections conducted by the AEC and from the postal ballot provisions under the RO Act. The supreme governing body is the National Conference, which consists of members of each divisional executive. There is also a national executive, National Executive Committee, Divisional Conferences and Divisional Executives.

Construction and General Division

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History

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The Construction and General Division was formed in the early 1990s with the creation of the national CFMEU. The creation of a single building union had been a policy objective of various building unions for decades with records showing the Queensland Branch of the Operative Painters and Decorators Union (OPDU) carried resolutions calling for a single industry union to be created as early as the 1920s. The rationale behind this policy position was the view that members would be better represented by a larger industry-based union rather than the traditional craft unions.

The largest amalgamating union, the Building Workers' Industrial Union (BWIU) was itself the result of numerous amalgamations over several decades between 1946 and 1992. The coverage of the BWIU included numerous craft unions representing building tradespeople including bricklayers, carpenters, plasterers, tilers, stonemasons and various skilled non-trades construction workers. In the late 1980s the BWIU increased its coverage to include other construction workers such as steel fixers, concreters, construction labourers and trades assistants following the de-registration of the Builders Labourers Federation (BLF).

The division also has members working off-site in manufacturing workplaces such as shopfitting workshops, joinery shops and other establishments involved in the pre-fabrication of materials used in the construction process. Members also work in brick, tile and pottery manufacturing and in Queensland, the union covers furnishing trades as there is no formal Forestry Division in the State, due to the Australian Workers' Union's historical coverage of this industry. The Queensland Branch does, however have a presence in Queensland's forestry sector with CFMEU members employed by the State Government working for the Department of Primary Industries.

With the absorption of the Federated Engine Drivers and Firemen's Association of Australasia (FEDFA) which had coverage of crane drivers, plant operators, and other construction workers, the Construction and General Division has moved closer to fulfilling the policy objective of creating a single industry union for construction workers.

Political activity

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The CFMEU is one of the most powerful unions in the Labor Left faction of the Australian Labor Party.[16] The Construction Division is often associated with the left faction of the Australian labour movement, but during the 2010 Federal election the CFMEU and AMWU donated a total of $60,000 to the Greens.[17]

Each State division operates with autonomy, which results in differing services being offered to members.

The NSW Branch of the CFMEU General and Construction Division has an estimated 5,000 members and the Victorian Branch around 9,500.[citation needed]

In August 2010, the CFMEU donated over $1.2 million to political activist group GetUp! to pay for TV airtime for a women's rights ad-spot condemning Tony Abbott and the Liberal Party.[18]

In the 2013 Election, the CFMEU donated $50,000 to the Greens party in the ACT.[19]

In Western Australia the CFMEU and its constituent branches are affiliated with the Right Faction of the WA Labor Party; "Progressive Labor" alongside the AWU, SDA, TWU and related groupings.[citation needed]

In 2019, the construction division donated $100,000 to the 2019–20 Australian bushfire season recovery effort.[20]

In July 2023, CFMEU announced a campaign for a super profits tax to address Australia's affordable housing crisis, with National Secretary Zach Smith telling the National Press Club in Australia that a 40 percent tax on excess profits would raise the billions of dollars to build social and affordable housing.[21]

Corruption allegations

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In July 2024, a day after John Setka resigned as secretary of the Victorian-Tasmanian division, a joint investigation by The Sydney Morning Herald, The Age, 60 Minutes, and the Australian Financial Review alleged serious corruption within the CFMEU, such as criminals and outlaw motorcycle club members being parachuted into the union.[22]

As a result of these allegations, the Construction division of the CFMEU in some states was placed under external administration. The Victorian Branch was placed under independent administration and the ACTU suspended its affiliation with the CFMEU's construction division in some states. The Construction division of the CFMEU was also indefinitely suspended from some Labor state branches.[23][24]

Manufacturing Division (formally Forestry and Furnishing Products Division)

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The CFMMEU Forestry and Furnishing Products Division was first registered as a Federal Organisation 21 August 1907, as the Federated Sawmill, Timber-yard and Woodworkers Employees Association of Australasia.

The Union's name was changed in 1913 to the Amalgamated Timber Workers Union of Australia, and again in 1918 to the Australian Timber Workers Union.

In late 1990 a ballot was conducted by members of the Australian Timber Workers Union and the Pulp and Paper Workers Federation of Australia endorsing the amalgamation of both Unions to form the Australian Timber and Allied Industries Union.

Another ballot was conducted in mid-1991 on the amalgamation between the Australian Timber and Allied Industries Union and the Building Workers Industrial Union. This endorsement supported the first stage in the development of what is now the Construction, Forestry, Mining and Energy Union. The Forest and Furnishing Products Division represents 20,000 members nationally.

In March 2018 (after amalgamating with the TCFUA), CFMEU Forestry and Furnishing Products Division became the CFMEU Manufacturing Division.

In October 2024, an application to demerge the manufacturing division of the CFMEU was submitted to the Fair Work Commission by division secretary Michael O'Connor. In a media statement released on 9 October 2024, Mr O'Connor stated “There is absolutely no benefit to our members of the Manufacturing Division remaining within the CFMEU. We are a union of honest, hardworking unionists who deserve better than being associated with the CFMEU Construction Division”. In the same statement, they proposed a new name of the de-amalgamated union called the Timber, Furnishing and Textiles Union (TFTU).[25]

Mining and Energy Division

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As of 1 December 2023, the Mining and Energy Division no longer exists. It consisted of a number of unions which had amalgamated. The largest union to contribute to the formation of the division was the Australian Coal and Shale Employees' Federation (ACSEF) (often known as the Miners Federation) which had a continuous history dating back to 1915. Predecessors to the ACSEF had existed on and off since the 1850s.

Industries covered by the Mining and Energy Division included the coal industry, coal ports, the metalliferous mining industry, electric power generation, oil and gas and the small coke industry.

  • The Coal Industry: The coal industry was the majority of the Mining and Energy Division's coverage. Of more than 16,500 members around 13,000 worked in the coal industry. The CFMEU was the primary union for the coal mining industry.
  • Coal Ports: The union represented most workers (approximately 500) at export coal ports located along the east coast of Australia
  • Metalliferous Mining: The Division covered most metalliferous miners in Broken Hill where silver, lead and zinc ores are mined. There were around 400 members at Broken Hill. Other mines are largely covered by the AWU. Through the amalgamation with the FEDFA, the division also had around 1,500 members at metalliferous mines in Western Australia, South Australia, Tasmania and Queensland.
  • Oil, gas and electricity: The division had around 2,200 members employed in power stations, oil refineries and other parts of the oil and gas production chain. This division was the major union representing workers in the Victorian power generation industry.
  • The Coke Industry: This industry as a stand-alone commercial industry is quite small in Australia. Most coke production is tied to iron and steel operations. There are stand-alone coke works on the South Coast of NSW (north of Wollongong) and in Bowen in Northern Queensland. The Mining and Energy Division covered the cokeworks on the south coast and the AWU covers the Bowen site. The CFMEU had approximately 50 members in the coke industry.

In June 2023, the Mining and Energy Division, led by Tony Maher, voted to withdraw from the CFMMEU. The division is now a separate organisation, the Mining and Energy Union (MEU), with the remainder of the CFMMEU changing its name to the Construction, Forestry and Maritime Employees Union.[26][27]

The new Mining and Energy Union commenced on 1 December 2023.

Maritime Union of Australia Division

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Main article: Maritime Union of Australia

The Maritime Union of Australia Division consists of the amalgamated Maritime Union of Australia (MUA). As of 2017, the division represented 16,000 workers associated with Australian ports.

History

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In September 2019, the MUA division announced that it would go on strike during the Global Climate Strike on September 20, being "the first known instance of workers taking industrial action to attend the rallies".[28]

Political activity

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In the 2018 Victorian Election, the Maritime Union of Australia Division donated an unknown amount to the Victorian Socialists campaign.[citation needed]

Recent events

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Building and construction industry regulation

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Martin Kingham, Former Victorian secretary of the CFMEU speaking at a rally to oppose the Howard government's then-proposed VSU legislation.

In 2001, the Howard government set up the Royal Commission into the Building and Construction Industry (commonly known as the Cole Royal Commission). The commission and its findings were largely condemned by the Labor Party and the Greens which argued that the terms of reference were too narrow. The CFMEU asserted that the purpose of the commission was a "witch-hunt" to reduce the power of the CFMEU rather than to investigate crime.[29] The General and Construction Division of the union stopped some corruption within the union.[30] Justice Cole found 392 cases of unlawful conduct; 98 cases were passed on to prosecution authorities by the Commonwealth Attorney-General, of which 26 were considered breaches of criminal law.

As a result of the commission's findings the Howard government established the Office of the Australian Building and Construction Commissioner (commonly known as the ABCC) in 2005. It had a wide range of powers, including compelling testimony under oath, with penalties of up to $22,000 for individuals and $110,000 for corporations and unions apply for breaches of the Building and Construction Industry Improvement Act 2005. The ABCC was abolished in 2012 by the Gillard government and was replaced by the Fair Work Building and Construction. In 2015 the Abbott government attempted to reinstate the ABCC, but the legislation failed to pass the two houses of Parliament. A further attempt to pass the legislation was unsuccessfully made by the Turnbull government in March 2016. After the two failed attempts to reintroduce the ABCC, in December 2016 Prime Minister Malcolm Turnbull called the double dissolution 2016 federal election. Following the election, the reelected Turnbull government was successful in reinstating the ABCC with the vote of Pauline Hanson's One Nation, the Nick Xenophon Team and Senator Derryn Hinch.

Under WorkChoices, situations where industrial action could take place were reduced.[citation needed][vague][when?] The CFMEU and workers had to prove a workplace was unsafe to put a stop to work on a site which has not happened to date.[citation needed]

Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd

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During 2011 and 2012, BHP Coal and its employees were negotiating about a new enterprise agreement to apply to BHP Coal's operations at various mines, including the Saraji coal mine. For the purpose of supporting or advancing their claims, employees of BHP Coal took protected industrial action in the form of work stoppages and overtime bans. There was a seven-day work stoppage between 15 and 22 February 2012. During this stoppage, members of the CFMEU who were employed at the Saraji mine, including Henk Doevendans, participated in protests beside the road leading into the mine property. Standing behind barriers BHP Coal had erected at the side of the road, the protesters held up signs which the CFMEU had provided and waved the signs at those who were driving into the mine. The signs were directly or indirectly critical of BHP Coal and of those who were driving into the mine. On four occasions over three days, Doevendans held up a sign that read: "No principles Scabs No guts." Some employees of BHP Coal complained to management about the scabs sign. Following some interactions with management, Doevendans' employment with BHP was terminated.[31]

On appeal to the High Court of Australia, it was held that the dismissal of Doevendans was permissible under the Fair Work Act 2009.[31]

Amalgamations

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The federal division of the Federated Saw Mill, Timber Yard and General Wood Workers Employees' Association changed its name to the Amalgamated Timber Workers' Union of Australia. The former union had been registered federally in 1907 and had registered branches in Victoria, Adelaide, New South Wales, Western Australia and Tasmania. Although the organisation was deregistered in 1918 its members formed a new union, the Australian Timber Workers' Union, the same year. The new union extended coverage to workers in box and case factories, saw makers' shops, joiners' workshops, carpenters, implement workers and wood-working machinists. In 1940 the union filed an application and succeeded in extending its coverage to most workers employed in the timber and wood industry including cabinet makers and furniture factories. In 1991 it amalgamated with the Pulp & Paper Workers' Federation of Australia to form the Australian Timber & Allied Industries Union. Later in the year amalgamation with the Building Workers' Industrial Union of Australia created the ATAIU & BWIU Amalgamated Union. Further amalgamations eventually saw this organisation become part of the Construction Forestry Mining & Energy Union in 1993.[32]

In late 2015, the Maritime Union of Australia (MUA) and CFMEU entered into merger talks to create 'Australia's most powerful union'.[33][34]

On 29 February 2016 at the MUA national conference, delegates voted unanimously in favour of negotiations for a merger with the CFMEU.[35][36] In August 2017, the Turnbull government introduced tough new laws targeting the CFMEU, with broad powers to deregister unions, disqualify officials and block unions from merging if they repeatedly breach industrial laws. The proposed law failed to pass the Senate.[37] The Fair Work Commission approved the merger in March 2018 of the CFMEU, MUA and the Textile, Clothing and Footwear Union of Australia (TCFUA).[38] The merger had been opposed by business groups, including Master Builders Australia, and by the federal government.[38] In November 2018, the Australian Mines and Metals Association appealed to the Federal Court of Australia against the merger.[39] The appeal was dismissed in December.[40]

See also

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References

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  1. ^ Fair Work Commission (18 July 2024). "Membership size of registered organisations – 2024*" (PDF). Retrieved 30 July 2024.
  2. ^ "Principal Officers". CFMEU. Retrieved 23 January 2018.[better source needed]
  3. ^ Wallis, Andrew; Chegwidden, Andrew; Chester, Marcelle (27 March 2018). ""Super Union" Merger to Bolster Union Powers". millsoakley.com.au. Archived from the original on 30 July 2024. Retrieved 11 June 2019. The CFMMEU now has a membership that makes up 1% of the Australian workforce (approximately 144,000 members) with combined assets of $310 million and annual revenue of approximately $146 million.
  4. ^ McKenzie, Parker (15 July 2024). "CFMEU Victoria implodes after allegations of criminal activity". The New Daily. Archived from the original on 30 July 2024. Retrieved 20 July 2024.
  5. ^ Worthington, Brett; Gould, Courtney (18 July 2024). "Labor's national executive bans donations, cuts ties to CFMEU construction division". ABC News (Australia). Archived from the original on 30 July 2024. Retrieved 19 July 2024.
  6. ^ Maiden, Samantha (19 July 2024). "Leaked messages reveal Labor women who backed CFMEU leader John Setka after calling wife 'a dog'". news.com.au. Archived from the original on 30 July 2024. Retrieved 19 July 2024.
  7. ^ Roe, Isobel; Toomey, Jade (23 August 2024). "CFMEU construction arm placed into administration effective immediately, including WA and ACT branches". ABC News. Archived from the original on 7 September 2024. Retrieved 7 September 2024.
  8. ^ Furlong, Murray (23 August 2024). "Appointment of Independent Administrator, CFMEU (Construction and General Division)". Fair Work Commission (Press release). Archived from the original on 7 September 2024. Retrieved 7 September 2024.
  9. ^ "Principal Officers". Construction Forestry Maritime Employees Union. Retrieved 30 July 2024.
  10. ^ "Team Members". CFMEU Construction. Retrieved 30 July 2024.
  11. ^ "Team Members". CFMEU. 11 April 2019. Retrieved 30 July 2024.
  12. ^ "Team Members". CFMEU. Retrieved 30 July 2024.
  13. ^ "Team Members". Construction Forestry Maritime Employees Union. Retrieved 7 September 2024.
  14. ^ "Your CFMEU WA Team". Construction Forestry Maritime Employees Union. Retrieved 30 July 2024.
  15. ^ "Who's Who?". Maritime Union of Australia. Retrieved 30 July 2024.
  16. ^ Marin-Guzman, David (16 December 2018). "Inside the union factions that rule the ALP conference". Australian Financial Review. Retrieved 6 August 2019.
  17. ^ Keane, Bernard (1 February 2012). "Electoral funding figures show Labor's donations collapse". Crikey. Archived from the original on 30 July 2024. Retrieved 29 April 2014.
  18. ^ GetUp! website, accessed 21 Nov 2010Archived 22 November 2010 at the Wayback Machine[better source needed]
  19. ^ "CFMEU confirms donation to ACT Greens campaign ahead of federal election". ABC News Australia. 18 August 2014. Archived from the original on 30 July 2024. Retrieved 11 June 2019.
  20. ^ McIlroy, Jim (10 January 2020). "Unions organise support for firies and devastated communities". Green Left. No. 1248. Archived from the original on 30 July 2024. Retrieved 15 January 2020.
  21. ^ Bovill, Monte (25 July 2023). "Construction union secretary Zach Smith launches campaign for tax on super profits". ABC News. Archived from the original on 30 July 2024.
  22. ^ McKenzie, Nick; Marin-Guzman, David; Schneiders, Ben (13 July 2024). "Building bad: How bikies, underworld have become a construction industry 'cancer'". The Sydney Morning Herald, The Age, The Australian Financial Review, 60 Minutes. Archived from the original on 30 July 2024. Retrieved 30 July 2024 – via The Sydney Morning Herald.
  23. ^ "CFMEU expects administration move 'within days'". Australian Financial Review. 24 July 2024. Retrieved 24 July 2024.
  24. ^ Jeffrey, Daniel (17 July 2024). "CFMEU to get independent administrator after 'abhorrent' alleged behaviour". www.9news.com.au. Archived from the original on 30 July 2024. Retrieved 22 July 2024.
  25. ^ O'Connor, Michael (9 October 2024). "Member Vote on CFMEU Split Gets Closer". CFMEU Manufacturing Division. Archived from the original on 14 October 2024. Retrieved 14 October 2024.
  26. ^ Marin-Guzman, David (22 June 2023). "Mining union members back divorce from CFMEU". Australian Financial Review. Retrieved 12 July 2023.
  27. ^ Beavan, Katrina; Culliver, Paul (23 June 2023). "Renewable energy push creates trade union division, prompting mining members to leave CFMMEU". ABC News. Archived from the original on 30 July 2024. Retrieved 12 July 2023.
  28. ^ Marin-Guzman, David (18 September 2019). "Wharfies to strike to attend climate action rallies". Australian Financial Review. Archived from the original on 30 July 2024.
  29. ^ "Cole Royal Commission contempt charges against Kingham fail" (Press release). CFMEU. 2 May 2003. Archived from the original on 5 June 2003.
  30. ^ Hardaker, David (14 May 2001). "Investigation into building industry corruption to release findings". The 7.30 Report. Australia: ABC TV. Archived from the original (transcript) on 28 October 2008. Retrieved 24 August 2007.
  31. ^ a b High Court of Australia. "Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41". Retrieved 6 March 2015.
  32. ^ "Context area, deposit description, Australian Timber Workers' Union, Tasmanian Branch deposit 1". 21 September 2012.
  33. ^ Doran, Matthew (16 October 2015). "CFMEU and MUA enter merger talks to create 'Australia's most powerful union'". ABC News. Archived from the original on 30 July 2024. MUA national secretary Paddy Crumlin has dubbed the planned merger as creating Australia's most powerful union.
  34. ^ "MUA and CFMEU Merger Talks Underway". Maritime Union of Australia (Press release). 16 October 2015. Archived from the original on 30 July 2024. Retrieved 19 March 2016.
  35. ^ MUA to begin merger negotiations with CFMEU
  36. ^ Doran, Matthew (29 February 2016). "Maritime Union of Australia delegates vote in favour of merging with Construction, Forestry, Mining and Energy Union". ABC News. Archived from the original on 30 July 2024.
  37. ^ Marin-Guzman, David (16 August 2017). "New laws threaten CFMEU with deregistration". The Australian Financial Review.
  38. ^ a b Wright, Patrick (6 March 2018). "CFMEU, Maritime Union of Australia merger approved by Fair Work Commission". ABC News. Archived from the original on 30 July 2024. Retrieved 7 March 2018.
  39. ^ McCauley, Dana (30 November 2018). "Employer group launches bid to decouple CFMMEU 'super union'". The Sydney Morning Herald. Archived from the original on 30 July 2024.
  40. ^ McCauley, Dana (14 December 2018). "Federal Court rejects challenge to CFMMEU 'super union'". The Sydney Morning Herald. Archived from the original on 30 July 2024.
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