Page 6 - Newsletter#14

Some of us had difficulty in understanding where the This battle has caused a very forensic examination of
supposed “conflict of interest” arose. Nevertheless, the union’s rules and perhaps there has been an
Padraig described Christy’s decision to resign from his emerging realisation that Christy may have acted
MUA positions as “constructive”. So, it was with some prematurely in resigning from his MUA positions before
surprise that we learnt from the most recent National firmly establishing himself into the position of CFMMEU
Office report to members, that Christy was back! National Secretary.

First though, it was reported that National Council At the time of resigning from his MUA positions, Rule 16
propose to amend the rules to establish two new elected (i) of the national rules would appear to deny Christy
Assistant National Secretary positions to take effect at Cain any ability to be appointed to the position of
the Quadrennial elections in 2023, one for a First CFMMEU National Secretary – which role under the
Nations Person and the other by a woman. current rule is open only, to any one of the Divisional
National Secretary’s or in the case of the Mining and
It was then reported that Thomas Mayor had resigned Energy Division, the General President. If that is a
from his position as Deputy Branch Secretary of the correct interpretation of the rule, for Christy to be eligible
Northern Territory Branch (and as a consequence, to hold the position of National Secretary there will need
ceasing to be a member of the National Council). It was to be a rule change!
then also announced Will Tracey had resigned from his
position as MUA National Divisional Presiding Officer. In any event, having resigned from his MUA positions
prior to appointment as CFMMEU National Secretary,
Five minutes after all these decisions were made, Christy was neither fish nor fowl, with no formal status
National Council reported that Christy Cain had been within the national body or that of the MUA Division. In
appointed to the vacant position of Deputy Branch the result, it is not open for either the MUA Division or
Secretary of the Northern Territory Branch, and the National CFMMEU to retain any responsibility for
automatically then, a member of National Council. This expenses incurred by him in the interim period.
enabled him to be appointed Divisional National
Presiding Officer, which he was, another 5 minutes later. That small problem appears to have been resolved by
the addition of a somewhat generous lump sum
That the National Council has a right to appoint Christy payment in addition to the normal payout on termination
Cain to those vacancies is not at issue. Yet, it has to be of his employment, that is, following Christy’s
said, this was no more than a cynical, manipulation of resignation from his MUA positions. In the absence of
the rules by Padraig to achieve an internal, political any other explanation, it’s reasonable to suggest this
objective, made in such manner so as not to be was essentially paid to cover his expenses during the
immediately apparent to rank and file members.
period between leaving the MUA and taking up the
If the order of decision-making within the National Office CFMMEU National Secretary’s position.
Report is followed, these various positional movements Given the new necessity perhaps, for a rule change to
were triggered by a desire to establish the indigenous enable his appointment to the CFMMEU National
and women’s positions within the National Council Secretary’s position and also the likelihood of a long and
structure. And pigs might fly! The overriding desire was protracted (legal) battle of attrition between the Mining
to reinstate Christy Cain into a senior position within the and Energy Division and the Construction and MUA
MUA Division so as to restore his rights to membership Divisions, these issues could leave Christy in a difficult
of National Council.
position if he remained in limbo without access to further
This is a complete turnaround from the leadership’s funding.
previous position when they were lauding Christy’s So, in addition to ensuring his right to nominate for the
departure from the MUA into the wider CFMMEU’s top National Secretary’s position in due course, Christy’s
job. Which it will be remembered, of itself created a huge reinstatement to his former MUA status on the National
reshuffle of leadership positions within the MUA Division Council ensures he also remains in paid employment for
at the time. the interim period however long that takes.

Continuing Padraig’s traditionally, opaque approach, as It will be interesting to see whether Christy will maintain
opposed to openness and transparency within the his view there is a conflict of interest in holding very
union’s decision-making processes, no reason for this senior positions at both the divisional and national levels
change of heart was given. As a result, members are left of the organisation whenever he does take up the
to speculate. position of National Secretary, if that is to eventuate.

There can be any number of reasons. Firstly, relating to Perhaps it may also be the case that Padraig has felt the
the continuing proceedings in the Federal Court cool, if not (cold) winds of change on the back of his
between the Mining and Energy Division and the neck. He may well consider it to his own benefit that
Construction and MUA Divisions because Mining and Christy remain as the Divisional National Presiding
Energy want to separate from the CFMMEU. Page.3
Officer in order to shore up his own position as
Divisional National Secretary.