The construction arm of the powerful CFMMEU has defended the movement of members to its arm from manufacturing, amid legal accusations of poaching.
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CFMMEU national secretary Michael O'Connor last month lodged legal papers in the Federal Court in Melbourne seeking orders to prevent construction boss John Setka and 29 other construction division officials from taking members from Mr O'Connor's manufacturing branch.
Elias Spernovasilis, the construction and general division's assistant secretary for the Victorian and Tasmanian branches of the union, released a statement on Wednesday saying member movements were not uncommon.
"Members have been choosing to move divisions on their own accord for a number of years," he said.
"The choice for workers to shift divisions and be covered by the same union as other on-site construction workers is obvious; we respect the wishes of members who have made this choice and we will continue to fight for fair wages, safe work and equality within the workplace."
Mr O'Connor is seeking permanent orders stopping Mr Setka and other officials from "encouraging or advising any members of the union in the Victorian district of the manufacturing division of the union" to resign their membership of the division.
The construction wing of the union says it does not think the matter should be dealt with by litigation, but by decision-making bodies endorsed under union rules.
An interlocutory hearing has been set for February 11.
It is the latest escalation of the war within the CFMMEU.
Mr Setka was forced out of the Labor party last year, having pleaded guilty to harassing his wife, but controversially has held onto his union position.
In September, CFMMEU national and mining and energy division president Tony Maher received support for a motion condemning Mr Setka's "unprincipled actions" in stealing members from other divisions.
Mr Maher said at the time the union would not tolerate "breaches of rules and the principle of divisional autonomy".
The Morrison government has sought to use the CFMMEU ructions as an example of why "ensuring integrity" laws need to be passed.
Australian Associated Press
