New legislation has been created to allow the CFMEU to be split up.

The Albanese government has introduced a bill allowing workers in the Manufacturing Division of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to vote on whether to remain part of the union or to form a separate entity. 

This move follows significant dissatisfaction among members, particularly in heavily feminised industries such as textiles, who feel inadequately represented by the union.

“It's clear many manufacturing division members … do not feel properly represented by the CFMEU,” Workplace Relations Minister Tony Burke said. 

He cited recent “threatening and thuggish behaviour” by CFMEU's Victorian secretary John Setka as a catalyst for the government's decision. 

“It's not hard to see why those members might want to vote to leave,” Burke said.

The legislation mirrors a previous provision that allowed the CFMEU's Mining and Energy Division to vote on a similar split, leading to their demerger and formation of a separate union. 

If supported, the new bill will ensure clear guidelines on worker coverage for each resulting union and implement safeguards against overlapping eligibility rules. 

The CFMEU will be prevented from expanding its eligibility to overlap with the new organisation until 1 January 2034 unless mutually agreed by the unions.

John Setka, known for his aggressive tactics, recently pressured the AFL to dismiss its chief umpire, Stephen McBurney, the former head of the Australian Building and Construction Commission. 

Setka's actions have heightened tensions within the union and between the union and the government. Setka is scheduled to step down later this year.

The union's national secretary, Zach Smith, has criticised the proposed legislation.

“A federal government intervention in determining union coverage is a massive mistake that could ultimately hurt workers,” he told reporters. 

He argued that the bill sets a “dangerous precedent” for future governments to dismantle unions.

Shadow Workplace Relations Minister Michaelia Cash supported the bill, noting the longstanding desire of many female members to dissociate from the CFMEU's militant reputation. 

“These members of the manufacturing division are mostly women and they have wanted out of the CFMEU for a long time,” Cash said. 

Independent Senator Jacqui Lambie has also advocated for female CFMEU members, calling for the government and the Greens to allow these workers to vote on separating from the union.

The legislation is set to be presented to parliament in the coming weeks.