MCA members Whitehaven Coal, Peabody Energy, and Ulan Coal Mines, a subsidiary of Glencore, have announced their intention to appeal the recent Fair Work Commission decision that compels the companies into multi-employer bargaining under the 2022 amendments made to the Fair Work Act.
This was the first test case of these amendments, which ruled that competing businesses that mined the same commodity in the same state had a ‘common interest’ that required them to be forced into multi-employer bargaining.
The companies have filed a joint application to the Federal Court, seeking to overturn the FWC’s 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.
The FWC decision marked a significant shift in Australia’s industrial relations framework, requiring these companies to participate in joint bargaining for up to 12 months. The ruling threatens to undermine the long-standing principles of enterprise bargaining and has severe implications for the mining sector and the broader economy.
Forcing businesses into industry-wide arrangements, regardless of their operational differences, exposes them to industry-wide industrial action and reduces their competitiveness in an already challenging global environment.
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.
It sets a dangerous precedent that could affect many other sectors. Collectively, these companies represent thousands of Australian jobs, and the ruling puts both those jobs and the operational flexibility that supports them at risk.
For regional coal communities in NSW and Queensland, the consequences are real and immediate. 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.
When mining operations are disrupted, it doesn’t just impact the workers on-site – it ripples through entire communities, from local businesses in the supply chain to the mines, to schools, healthcare facilities, and other local services that depend on a thriving local economy.
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.
The MCA will continue to work closely with its members to ensure that Australia’s industrial relations framework remains competitive, stable, and supportive of growth and investment, particularly during a period of global economic uncertainty.
