Appeal seeks to 'restore right to negotiate enterprise agreements'
The three companies ordered by the Fair Work Commission (FWC) to engage in a joint bargaining process for the pay deal of their crew supervisors, managers, and shift engineers have announced their intention to appeal the ruling.
The Mining Council of Australia (MCA) announced on Monday that Whitehaven Coal, Peabody Energy, and Ulan Coal Mines, a subsidiary of Glencore, have filed a joint application to the Federal Court to overturn the ruling.
"The appeal aims to restore their right to negotiate enterprise agreements specific to their operations, rather than being forced into an industry-wide framework that could stifle their competitiveness and flexibility," said MCA chief executive officer Tania Constable in a statement.
The FWC's order, the first under the multi-employer bargaining bid implemented by the government's industrial reforms, instructed the three miners to engage in joint bargaining for up to 12 months.
Impact of FWC ruling
But Constable said this ruling "threatens to undermine the long-standing principles of enterprise bargaining."
"This decision has been forced upon the industry. We do not want conflict. But under these new workplace laws, conflict has been brought upon us. It is a deliberate design feature of these laws," she said.
According to Constable, the FWC's ruling sets a "dangerous precedent" for other sectors, with "real and immediate" consequences.
"Multi-employer bargaining could mean strikes and shutdowns of mines that are essential to these local economies. Jobs are at stake, and the livelihoods of thousands of families in these regions could be seriously affected," she said.
"The MCA fully supports Whitehaven, Peabody, and Glencore in their challenge to the FWC decision and will continue to defend their right to negotiate agreements that best meet the needs of their workforce and business operations."
