THE Australian Manufacturing Workers’ Union (AMWU) has condemned the Fair Work Commission’s decision on Thursday 21 July, to uphold Lanco’s power to reduce maintenance workers pay by 43 percent at the Griffin Coal mine in Collie.
However, the Commission has kept a stay on the order in place until further notice because of concerns about the economic impact of the huge pay cut on Collie and the broader South-West community.
AMWU State Secretary, Steve McCartney, described the appeal decision as unprecedented and a one that left workers, the Collie community, and foreign multinational Griffin Coal owner Lanco, in a state of limbo.
“There are no winners from this ham-fisted decision by the Fair Work Commission, and all it has doneis hamper negotiations between the parties,” he said.
“Positive progress had been made in negotiations between the parties, with a meeting to discuss a possible settlement scheduled for yesterday, 22 July,
“However Lanco cancelled this meeting within minutes of the Commission handing down their unprecedented decision.”
Mr McCartney said the Commission have pulled the rug from under them and given Lanco the excuse they needed to walk away from negotiations.
“At the moment we have no idea how long the Commission intends to keep the stay in place for, but we do know they now expect us to go back to negotiations with the “Sword of Damocles” over our heads,” he said.
Mr McCartney also expressed concern at the precedent this decision would set for every Australian worker, not just in the Collie coal mining industry, but across the country.
“This decision will have serious flow on effects to workers everywhere, with the Commission effectively opening the door for employers to walk away from their responsibilities and from the obligation to bargain in good faith,” he said.
“Is enabling foreign, multi-national companies to use the Fair Work Commission to rip off hard working Australians what the Turnbull Government meant when it said it was opening the country up for business?
“We will continue to bargain in good faith for a fair replacement agreement for these workers, and they reserve their right to take protected industrial action as they are legally entitled to do so. We are currently discussing our legal options including appealing the matter to the Federal Court.”
The Fair Work Commission had previously approved an application by The Griffin Coal Mining Company to terminate the current enterprise agreement between the company and maintenance workers at the mine after its nominal expiry date on 10 July 2016 in the public interest.
Maintenance workers would revert to the Black Coal Mining Industry Award (2010), resulting in a massive 43 percent pay cut and the loss of entitlements and conditions.