Big miners accuse union of ‘bully tactics' as Pilbara wage fight continues
The Minerals Council of Australia has lodged a formal complaint with the Fair Work Ombudsman, accusing the Electrical Trades Union of making 'clearly false', and potentially unlawful, representations to workers as it tries to gain a foothold in the Pilbara.
Unions won a test case against BHP in the Fair Work Commission two weeks ago to enforce 'same job, same pay' laws on a coal mine in Queensland's Bowen Basin, adding $66 million to the mining giant's wages bill.
But though no applications have been successful in WA, the ETU was threatening legal action against sub-contractors in the State as far back as April.
In one email sent to multiple labour hire companies obtained by The West Australian, north-west organiser Kevin O'Donnell warned a company it was 'in breach' of the new legislation.
The controversial laws — which received fierce opposition from the resources sector — aim to ensure that labour hire workers receive the same pay and conditions as directly employed staff if the Fair Work Commission rules that they're performing equivalent work.
'The ETU will vigorously defend members pay and conditions and use the full force of our legal team to do so if need be,' the ETU email said.
The Minerals Council of Australia has now made a formal complaint, arguing those emails breach Section 345 of the Fair Work Act that prohibits 'knowingly or recklessly' making a 'false or misleading' representation about workplace rights.
Minerals Council chief executive Tania Constable said the union was attempting to pressure companies into submission.
'This is further evidence of some unions misusing the vast new powers within the legislation to bully their way into the Pilbara,' she said.
'This has nothing to do with workers or wages, it is solely about expanding union power.
'The actions of the ETA in blatantly misrepresenting the law shows the lengths that certain unions will go to in order to abuse such powers.'
ETU state secretary Adam Woodage was yet to receive a copy of the complaint on Sunday but said the union won't back down.
'It's extremely disappointing that the MCA has made no effort to contact the ETU or myself directly,' he said.
'It speaks volumes of their attitude towards workers and their unions that represent them.
'The MCA needs to learn we aren't going away and will continue to advocate and defend our members interests.'
The ETU has recently filed applications urging the Fair Work Commission to enforce 'same job, same pay' on Chevron's Barrow Island LNG facility, and accused the American-owned oil company of 'playing contractors off against one another'.
If successful, sub-contractors Ventia could be forced to increase maintenance wages by $80,000 per year.
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