New union push could bring chaos to mine sites in the Pilbara: Minerals Council of Australia

September 29

A new union push on delegates rights will open the door to bullying, harassment and intimidation on mine sites, according to the Minerals Council of Australia.

MCA boss Tania Constable is concerned the push, if successful, could bring the types of chaos plaguing Victoria’s construction sector to the Pilbara.

The Mining and Energy Union has lodged a federal court appeal against a Fair Work Commission determination on the scope of union delegate powers.

Among a range of objections, the union is arguing the commission “misconceived its functions” by imposing three conditions that delegates must comply with, including their “duties and obligations as an employee” and the “reasonable policies and procedures of the employer”.

The delegates must also not “hinder, obstruct or prevent the normal performance of work”.

The peak body for miners argues the appeal amounts to an attempt to overturn “basic guardrails”.

“This would give union representatives a license to bully, harass and intimidate workers with absolute impunity, allowing them to flout company policies and rules that are designed to keep workers safe and which all other workers must follow,” Ms Constable said.

“This move threatens to export the chaos, corruption, and disruption we have witnessed in the Victorian construction industry to the Pilbara.”

The expansion of delegates’ rights was among the sweeping workplace changes the Federal Government has passed since the 2022 election.

Unions are starting to capitalise on the pro-worker rules, including in the Pilbara, where BHP has been forced to the negotiating table.

Three NSW-based coal companies have also been forced into multi-employer bargaining after a Fair Work Commission ruling that miners believe sets a dangerous precedent for their industry.

Ms Constable used a speech at Parliament House earlier this month – attended by Prime Minister Anthony Albanese – to warn Labor’s IR changes would unleash conflict in “every workplace and every industry”.

The West contacted the union for comment.

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