In the past month, two court decisions were issued that will shape the future of the mining industry in Queensland for years to come.
Firstly, the High Court of Australia quietly announced that they had rejected BHP’s application to appeal the Same Job Same Pay Decision covering Operation Services (OS) workers. This decision from the country’s top judicial body has closed off BHP’s last avenue to overturn the Same Job Same Pay orders and rip hundreds of dollars a week out of the pay packets of labour hire mineworkers.
To say we’re pleased with the decision is an understatement. BHP threw millions of dollars at fighting our Same Job Same Pay campaign in the courts and media and were gearing up for a costly and protracted High Court battle. We’re glad that the High Court saw that the orders covering OS workers are in line with both the letter and spirit of the Same Job Same Pay laws and prevented BHP from attempting to overturn them.
This decision has come with great relief to the thousands of OS workers who worked the same jobs as directly employed workers but earned tens of thousands of dollars less because of the logo on their shirt – despite being employed by the same parent company.
In the years since the mining boom, BHP OS has become emblematic of the increased reliance on labour hire contracts in the mining industry, serving as one of the most egregious examples of well-paid, secure jobs being replaced by precarious labour hire contracts. It is the MEU’s sincere hope that the High Court’s decision acts a circuit breaker for BHP, causing them to reassess the role of labour hire in their company structure.
BHP is the most profitable company in Australia and has the potential to be an exemplar employer – but it will require a serious improvement to the company’s values and strategies. We’re not holding our breath and will continue to hold BHP to account over their dodgy practices.
In late March, a historic verdict was handed down in the industrial manslaughter case against Mastermyne over the 2021 death of mineworker Graham Dawson at Crinum.
For the first time in Queensland history, a jury found a company guilty of industrial manslaughter of a mineworker since the laws were expanded to cover the industry in 2020.
We have long advocated for these laws to be expanded and enforced in the mining industry in Queensland. Workers are entitled to safe and healthy workplaces, and employers who fail in this duty deserve to be held to account. Our Queensland District Industry Safety and Health Representatives were deeply involved in the investigation into Graham’s death and uncovered factors that contributed to the avoidable tragedy, namely an inadequate strata control system.
Based on this evidence, our ISHRs strongly recommended that Mastermyne be prosecuted for industrial manslaughter and are satisfied that justice has been served. We believe this outcome should send a strong message to mine managers and owners about the consequences of cutting corners on safety.
Throughout this investigation and hearing, our thoughts have always been with Graham’s loved ones and hope this decision has brought them some comfort. While nothing can make up for Graham’s loss, it’s heartening to know that those responsible for his death have been prosecuted.
Mitch Hughes
President Mining and Energy Union Queensland District
