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Mining division president Tony Maher welcomed the court ruling.Credit:Alex Ellinghausen

Federal Court judge John Snaden on Friday ruled in favour of the mining division’s application to stop a meeting of the national executive of the CFMMEU,which is now dominated by the rival construction division.

The miners had alleged that if the meeting had gone ahead on Friday,the construction division would start poaching its members,a claim disputed by lawyers for the construction division.

Mining division general president Tony Maher welcomed the decision.

“We are pleased the Federal Court has put a stop to this disingenuous attempt to disrupt our important discussions at next week’s national convention,” he said.

“Our members are entitled to decide their future without interference from others.”

The construction division’s national secretary,Dave Noonan,declined to comment.

The CFMMEU has been badly split since detailed leaks from a June 2019 national executive meeting,where the secretary of Victoria’s construction and general division,John Setka,is alleged to have said the work of anti-domestic violence campaigner Rosie Batty had led to men having fewer rights. Mr Setka wasconvicted in 2019 of harassing his wife via text message.

Since then,Mr Setka has pursued those in his union who he believed were behind the leaks or who failed in his view to offer him sufficient support. That includes the union’s former national secretary,Michael O’Connor,who was forced out of his role last year.

John Setka leaving the Magistrates Court in 2019 after his convictionCredit:Jason South

This week The Age revealed thatthe construction division had sent a notice to the national executive that it wanted the right to represent workers who could also be members of the mining division. The notice led to an urgent Federal Court application by the mining division to try and stop the national executive meeting from going ahead.

Union turf wars are often bitterly fought and it is regarded as poor behaviour to poach members from another union or branch. Under their rules,both the mining division and construction division claim the right to represent building workers on mine sites.

The fight over members is part of a tit-for-tat battle,with the construction division accusing the mining division of secretly trying to expand its representation through an application to the Fair Work Commission last October.

The construction division and manufacturing division haveseparately faced off in Federal Court after the construction division started poaching members in the past 18 months.

The exit of the mining division from the CFMMEU was made possible when the Morrison government passed laws in late 2020 making it far easier for unions and employer groups to demerge.

Mr Maher held talks with Commonwealth Attorney-General Christian Porter before the changes,which drew criticism from others in the CFMMEU.

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