This e-alert is being distributed to correct misinformation that has been circulating about the rights of a member to resign from the CFMEU. The misinformation is that members must be financial in order to resign from the CFMEU. An example of this is found on the website of the Qld Branch of the CFMEU.
This information is false and misleading. Both non-financial and financial CFMEU members are able to resign their union membership. Members of the federal and state branches of the CFMEU can resign at any time, whether they are financial members or not.
Lawful method of resigning from the union
The correct way to resign is set out by s 174 of Schedule 1 of the
Workplace Relations Act 1996 and the
CFMEU rules.
Members may resign by giving written notice to the Divisional Branch Secretary or another authorised official.
Simply ceasing to pay membership dues does not legally terminate a person’s membership with the CFMEU. Written notice must be supplied.
When does the resignation apply?
If the person remains in the industry, resignation becomes effective 2 weeks after the notice is received by the CFMEU or on the day specified in the notice, whichever is later.
If the person is ceasing to be eligible to be a member of the CFMEU, resignation comes in effect on the day the CFMEU receives the notice or the day specified in the notice, whichever is later.
Can the CFMEU recover money from former members?
The law enables a member of a union to resign whether or not they are financial.
The CFMEU may commence legal action against a former member to recover dues, contributions and levies that accrued before resignation took effect.
The union in seeking recovery of unpaid dues must commence legal proceedings within 12 months of the dues becoming payable.