According to the coal-mining union, BHP should apologise to its employees after the entire Fair Work Commission brought down Greater Australia`s attempt to call on its internal workforce that employs temporary workers. If BHP`s dubious agreements had been approved, thousands of people would have been in decline across the country. Between 2014 and 2019, the number of private people halved, from about 20,000 to just over 10,000, according to the attorney general`s office. “BHP is not a newcomer to the industry. You know what`s needed. They should apologize to their Operations Services employees for this sneaky move and immediately begin genuine negotiations on new agreements that meet coal industry standards. AMMA encourages all members with practical case studies, evidence or other feedback related to their campaign, in order to correct the process of developing the agreement in order to participate in the amma consultation process. Moreover, “it is not sufficiently open that DP Boyce was satisfied that compliance with S 180 (5) (excluding bonds) was present and that, therefore, the agreement had indeed been concluded. CFMEU asked BHP to recruit its R OS staff under existing location agreements, which BHP refused. The CFMEU is now calling for BHP to conduct genuine negotiations to give Operations Services employees a say in terms of employment, like other coal workers. In the last three full calendar years (2017-2019), there have been 716 outstanding full bench FWC calls – virtually one for each business day – with many questions related to enterprise contract authorizations (see additional AMMA analysis here). Two agreements registered for Operations Services employees were voted on by a small number of iron ore workers in the Pilbara.
The FWC Committee accepted our arguments that the main conditions of the agreements were not explained to the workers. Our Union has always argued that the agreements are unfair because they include conditions in senek that are well below industrial standards for coal miners, including lower wages without annual wage increases and the possibility of transferring to a BHP mining site in Australia. In particular, AMMA members reported growing frustrations with the Fair Work Commission`s application of “better-off-overall” and “really approved” legal tests, the overly technical approach of many tribunal members, often including analysis of highly unlikely hypothetical scenarios, which has contributed to a sharp decline in the use of enterprise bargaining in recent years. A “Full Bench” found that the agreements had not actually been concluded by the employees concerned, with BHP denying them access to critical information on pay rates. BHP Billiton`s Operations Services (OS) enterprise agreements will be re-evaluated by the Fair Labour Commission (FWC) following the invalidation of Vice President Gerard Boyce`s December 2019 approval decisions.