OPINION: WAIT, WHAT ACTUALLY IS AN EA?

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MEU Coalface

Coal industry veterans understand that our high wages and conditions are due to the strength of our Enterprise Agreements. For well over a century, the Mining and Energy Union has been fighting to build the wages and conditions of coal workers, establishing benefits that are taken for granted when working in coal.

Those of us who have spent our working lives in the coal industry can often assume that everyone understands what an EA is, and the role the Mining and Energy Union (MEU) plays in creating them. Many of our workmates are new to industry and may be working under an EA or encountering a union for the first time. To get everyone up to speed, here’s a quick rundown on what an EA is, how they’re made, and how you can get the best possible deal.

EAs are a contract between employees and employers that spells out your conditions of employment. It can cover everything from wages, training, bonuses, and leave entitlements, to flights, accommodation and travel allowances. You’re probably familiar with the offer letter provided to you prior to you accepting employment – these conditions are usually underpinned by the enterprise agreement, which has been bargained for by the MEU.

Bargaining is initiated on expiration of the previous agreement, or when the majority of the workers who would be covered by an agreement vote to initiate. Bargaining takes place between representatives of the company and worker representatives. In most cases the MEU is automatically the default bargaining representative for coal workers. We are usually represented by site delegates and Union officials – however anyone is able to put their hands up if they are covered by the agreement.

Bargaining representatives are volunteers, and it can be a huge time commitment. A lot of time goes in to preparing for bargaining and communicating with members about the process. For some of our bigger EAs, we’re preparing our claims and strategy a year before the expiry of the agreement.

Bargaining is the only time we’re able to take industrial action under the Fair Work Act. If negotiations reach an impasse, we can run a ballot of members to prove there is majority support for industrial action. If most members vote in favour, then it’s on.

While most people think of industrial action as striking, we typically keep it as a last resort as striking workers don’t get paid. Instead, we focus on ways to maximise disruption while minimising the impact on our members, like work bans on specific task, or stoppages. Remember that the bosses can retaliate through lockouts, which can be unlimited and are devastating on workers and their families.

Once the employer is satisfied the agreement will have support, they can put it out for workers to vote on. If we believe the agreement is satisfactory we will encourage workers to vote Yes; otherwise a No vote will force the bosses back to the table. If a majority votes to support the agreement it is submitted to the Fair Work Commission for final approval, where they ensure it complies with the law.

This stage is where the Operations Services agreements have been held up, as the Commission has concerns that shift lengths and public holiday clauses fail to meet coal industry standards.

The best way to get a strong EA is to join the MEU and engage with your delegates throughout the bargaining process. Union density makes all the difference at the bargaining table, as the bosses recognise the collective power we’re able to exert. By maintaining solidarity and acting as one, you’ll be able to secure the best deal possible for you and your workmates.

Mitch Hughes

President Mining and Energy Union Queensland District

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