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Fair Work Commission rules against BHP in ‘same job same pay' decision on Queensland coal mines
Fair Work Commission rules against BHP in ‘same job same pay' decision on Queensland coal mines

News.com.au

time5 days ago

  • Business
  • News.com.au

Fair Work Commission rules against BHP in ‘same job same pay' decision on Queensland coal mines

Some 2200 coal mine workers in Queensland's Bowen Basin are in line for a $30,000 pay bump following a landmark ruling from the Fair Work Commission against mining giant BHP. The Mining and Energy Union and Australian Manufacturing Workers' Union took the $200bn behemoth to court over the Same Job Same Pay reforms. Passed in 2023, the changes are designed to equalise pay rates between direct hire and labour hire employees at large-scale enterprises if they are performing the same job. The unions argued BHP had undercut worker wages at its coal mines by using an in-house labour hire service called OS Production and Maintenance. Late Monday evening, the FWC determined the work performed by OS employees at the company's Saraji, Peak Downs and Goonyella Riverside mines was not 'for the provision of a service, rather than for the supply of labour' and so delivered 'regulated labour hire arrangement orders'. The orders clear the way for average worker pay bumps of $30,000 at a cost of $66m to the company, the ACTU has claimed. 'This is about Australian unions winning wage justice for workers, which stops labour hire workers being treated as second-class citizens,' ACTU secretary Sally McManus said after the ruling. 'Wealthy mining companies like BHP have clawed money out of workers' pay packets for many years when the income should be returned to workers, their families and the communities they support.' Several factors contributed to the ruling. First, the FWC determined BHP held significant control and direction of where OS employees would work, what they would do and details of how the work would be performed. Second, the workers were compelled to adhere to 'detailed and highly prescriptive requirements imposed by BMA (BHP Mitsubishi Alliance)'. Further, the FWC found OS workers used 'virtually entirely, plant and equipment supplied by BMA to perform work'. 'That consideration supports a conclusion that the work performed by employees of OS Production is not for the provision of a service, rather than the supply of labour,' the bench ruled. It also concluded that although the work performed by OS employees might be specialised, it was of the 'same nature and involves the same specialised and expert skills as are exercised by employees of BHP Coal performing the same work'. The ruling also covers employees with labour hire companies Workpac and Chandler McLeod, who the commission found were 'performing the same work in the same crews and BMA employees and receiving substantially lower remuneration because of the identity of their employer'. The landmark decision could up-end labour arrangements across the country's massive and lucrative mining sector. Minerals Council of Australia CEO Tania Constable called the decision 'incredibly disappointing' and said it would 'directly threaten thousands of specialised contractors who play a vital role in mining operations across the country'. 'Unlike labour hire, these businesses exist to provide a specialised service, not just workers, and should never have been covered by these laws,' she said. 'These businesses now face the risk of being drawn into complex and costly legal proceedings, creating instability in employment arrangements that have long supported operational flexibility, efficiency and mining productivity. 'The commission's ruling confirms what the MCA has long argued: that the government's legislation goes well beyond its original promise to target only the 'limited circumstances' where 'labour hire' is used to deliberately undercut wages.' BHP, meanwhile, has railed against what it sees as an escalation in excessive cost burdens on its Queensland operations, citing complex industrial relations demands and the state's sharp coal royalty regime. The company has reduced its footprint in the Bowen Basin in recent years, offloading its Daunia and Blackwater mines to Whitehaven Coal in April last year. It now runs five mines in conjunction with Mitsubishi: Saraji, Goonyella, Caval Ridge, Broadmeadow and Peak Downs.

Workers' huge court win over mining giant
Workers' huge court win over mining giant

Perth Now

time5 days ago

  • Business
  • Perth Now

Workers' huge court win over mining giant

Some 2200 coal mine workers in Queensland's Bowen Basin are in line for a $30,000 pay bump following a landmark ruling from the Fair Work Commission against mining giant BHP. The Mining and Energy Union and Australian Manufacturing Workers' Union took the $200bn behemoth to court over the Same Job Same Pay reforms. Passed in 2023, the changes are designed to equalise pay rates between direct hire and labour hire employees at large-scale enterprises if they are performing the same job. The unions argued BHP had undercut worker wages at its coal mines by using an in-house labour hire service called OS Production and Maintenance. Late Monday evening, the FWC determined the work performed by OS employees at the company's Saraji, Peak Downs and Goonyella Riverside mines was not 'for the provision of a service, rather than for the supply of labour' and so delivered 'regulated labour hire arrangement orders'. The orders clear the way for average worker pay bumps of $30,000 at a cost of $66m to the company, the ACTU has claimed. BHP operates the Caval Ridge Saraji, Goonyella, Broadmeadow and Peak Downs coal mines in central Queensland with Mitsubishi. Supplied Credit: News Regional Media Union workers have long been incensed by discrepancies in pay between labour hire and direct hire employees at BHP. NewsWire Credit: News Corp Australia 'This is about Australian unions winning wage justice for workers, which stops labour hire workers being treated as second-class citizens,' ACTU secretary Sally McManus said after the ruling. 'Wealthy mining companies like BHP have clawed money out of workers' pay packets for many years when the income should be returned to workers, their families and the communities they support.' Several factors contributed to the ruling. First, the FWC determined BHP held significant control and direction of where OS employees would work, what they would do and details of how the work would be performed. Second, the workers were compelled to adhere to 'detailed and highly prescriptive requirements imposed by BMA (BHP Mitsubishi Alliance)'. Further, the FWC found OS workers used 'virtually entirely, plant and equipment supplied by BMA to perform work'. 'That consideration supports a conclusion that the work performed by employees of OS Production is not for the provision of a service, rather than the supply of labour,' the bench ruled. It also concluded that although the work performed by OS employees might be specialised, it was of the 'same nature and involves the same specialised and expert skills as are exercised by employees of BHP Coal performing the same work'. The ruling also covers employees with labour hire companies Workpac and Chandler McLeod, who the commission found were 'performing the same work in the same crews and BMA employees and receiving substantially lower remuneration because of the identity of their employer'. The landmark decision could up-end labour arrangements across the country's massive and lucrative mining sector. Minerals Council of Australia CEO Tania Constable called the decision 'incredibly disappointing' and said it would 'directly threaten thousands of specialised contractors who play a vital role in mining operations across the country'. Minerals Council of Australia CEO Tania Constable called the decision 'incredibly disappointing'. Supplied Credit: Supplied 'Unlike labour hire, these businesses exist to provide a specialised service, not just workers, and should never have been covered by these laws,' she said. 'These businesses now face the risk of being drawn into complex and costly legal proceedings, creating instability in employment arrangements that have long supported operational flexibility, efficiency and mining productivity. 'The commission's ruling confirms what the MCA has long argued: that the government's legislation goes well beyond its original promise to target only the 'limited circumstances' where 'labour hire' is used to deliberately undercut wages.' BHP, meanwhile, has railed against what it sees as an escalation in excessive cost burdens on its Queensland operations, citing complex industrial relations demands and the state's sharp coal royalty regime. The company has reduced its footprint in the Bowen Basin in recent years, offloading its Daunia and Blackwater mines to Whitehaven Coal in April last year. It now runs five mines in conjunction with Mitsubishi: Saraji, Goonyella, Caval Ridge, Broadmeadow and Peak Downs.

Albo's massive call on GST tax change
Albo's massive call on GST tax change

Perth Now

time04-07-2025

  • Business
  • Perth Now

Albo's massive call on GST tax change

Anthony Albanese has ruled out increasing to the goods and services tax (GST), as Labor says it will champion small business and the private sector to boost productivity and encourage economic growth Outlining his economic vision for his second term of government at Australia's Economic Outlook in Sydney, which was co-hosted by The Australian and Sky News, the Prime Minister said consumption taxes like GST did not fit in with Labor's agenda. The 10 per cent tax is applied to most goods and services and has been set at 10 per cent since it was introduced in 2000. 'It's not something that we have given any consideration to,' he told Sky's Andrew Clennell. 'I'm a supporter of progressive taxation. Consumption taxes, by definition, are regressive in their nature. So that's something that you know doesn't fit with the agenda.' While he didn't commit to specific changes on income tax, Mr Albanese said it would also be his preference that 'income taxes (are) as low as possible, and wages (are) as high as possible'. Mr Albanese also said tax reform would play an 'important part' in ensuring the private sector and small business was equipped to drive economic growth and jobs, with the Labor acknowledging that 'government should be a driver of growth – but not the driver of growth'. Prime Minister Anthony Albanese shared his economic outlook for Labor's second term on Friday. Max Mason-Hubers/ The AustralianŠ Credit: News Corp Australia Adapting and developing new technologies like AI, 'eliminating frustrating overlap' between local, state and federal regulations, strengthening domestic supply chains and ensuring female participation in the workforce were other key priorities. 'Our government wants you to be able to resume your rightful place as the primary source of growth in our economy,' he said. The renewed commitment follows criticisms from the business community that Labor's first-term industrial relations policies like Same Job Same Pay had hampered businesses growth. However Mr Albanese called on business leaders, civil society and union chiefs, to work together at Labor's upcoming productivity round table in August in order to 'build broad agreement for action'. 'Because very often the public debate about change in our economy is conducted only in terms of dire warnings about what the consequences for Australia will be if we get it wrong,' he said. 'In order to build the broadest possible support for substantive economic reform, we should focus on what we can achieve by getting it right.' Mr Albanese said Labor had not considered increasing GST to over 10 per cent. Max Mason-Hubers / Pool/NewsWire Credit: News Corp Australia In response to the speech, Coalition spokesman for small business Tim Wilson was critical of the commitment and called on Labor to scrap Labor's flagged super tax. When asked during the event, Mr Albanese continued to back the super tax, stating Labor had put the tax forward in its last term, and that the tax would impact just 'half a per cent of people'. 'The only way he is going to be able to deliver for small business is to actually address the root cause of the problems,' he said, naming issues like over-regulation, and reducing taxes,' he told Sky. 'A really simple good way to do it is to stop his plan for a family savings tax on unrealised capital gains, which explicitly hits unsold assets in superannuation, particularly for small businesses.'

‘Not America': Demand for $2k wage boost
‘Not America': Demand for $2k wage boost

Yahoo

time03-04-2025

  • Business
  • Yahoo

‘Not America': Demand for $2k wage boost

The Australian Council of Trade Unions will push the Fair Work Commission to grant a 4.5 per cent lift in the minimum wage at the upcoming annual wage review. A 4.5 per cent lift would increase the minimum wage to $25.18 per hour or $2143 to $49,770 for an annual full-time worker. ACTU secretary Sally McManus said the current wage rate for a full-time adult worker was not enough to meet cost-of-living pressures. 'We are not America and no one should be left without a liveable wage after working full-time hours,' she said. The FWC's annual review sets award rates, or minimum pays levels, across the economy and impacts some 2.6 million workers. It does not directly affect wages for workers on enterprise agreements or individual contracts. A decision on the new award is usually delivered in June, with the new rate kicking off from July 1. 'A 4.5 per cent rise for 2.6 million award-reliant workers is what they need to get ahead of inflation caused by global supply problems and price gouging by the likes of supermarkets and insurance companies,' Ms McManus said. 'Wages move when unions fight for them and are assisted by governments who are prepared to also do the heavy lifting by intervening at the Fair Work Commission and updating workplace laws to close wage cutting loopholes.' Worker pay bumps are also sweeping across the Australian economy following the passage of Same Job Same Pay legislation last year. The industrial relations reforms seek to equalise pay rates between labour hire and direct hire workers at large-scale enterprises. In March, the Flight Attendants' Association of Australia announced some 750 additional Qantas cabin crew would receive pay bumps of up to $20,000 a year as a result of Same Job Same Pay. A Qantas attendant, who spoke anonymously with NewsWire last month, said she welcomed the industrial relations changes. 'The whole thing with Same Job Same Pay is they are doing the same job,' she said. 'It's not like being employed by a labour-hire company changes the nature of the work. 'They do the same training, they wear the same uniform.' But businesses warn that pay increases without commensurate increases in worker productivity will not be sustainable over time. The Australian Chamber of Commerce and Industry has called for a 2.5 per cent lift in the minimum wage, while the Australian Industry Group has proposed a 2.6 per cent lift. Sign in to access your portfolio

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