Senate Education and Employment Legislation Committee, , 5:48:18 to 5:54:11
Debate over the inclusion of casual employment classifications in enterprise agreements within the black coal mining industry.
Topics: Workplace relations, Employment
Speakers: Senator Malcolm Roberts, Murray Furlong, Senator Jess Walsh, Senator Marielle Smith
has previously successfully opposed attempts by employer bodies to insert casual mine worker roles into the black coal mining industry award. I've got a copy of uh of a CFMU publication entitled Employers push for casualization in black gold award defeated. Which no longer which is no longer readily available online, so that's why I'm sharing it with you. So the CFMEU as the mining uh the black coal mining union opposed casual. And I know the minimum yeah, they are adamant to not do casual or contractors even. However, they started the first labor high firm that was used in the colour industry. I forgot the name of it, but retrenched mine workers. So they actually had a labor higher firm that they owned. They then sold that and they've got involved with other labor higher firms in various stages of vanishes. So they were well and truly opposed to it. In a public stance, but they were supporting it, and being a labor high firm in private. The purpose of an enterprise agreement is to provide terms that subject to the statutory requirements operate against the relevant minimum standards. Where an enterprise agreement permits mine workers to be employed as casual. Yours when the relevant award does not provide for that classification, the agreement appears to introduce employment arrangements materially less secure than the full-time or part-time arrangements contemplated by the award.
The evidence that I provided previously is that a modern award will apply, unless it is ultimately want of a better word, displaced by an enterprise agreement. Now that enterprise agreement will apply to the workers that are covered, the employees that are covered by that enterprise agreement and the application of the minimum rate of pay is applicable to not penalties but the minimum rate in that enterprise agreement.
And the boot test.
Yes.
Better off overall test.
That's right.
It must at least match the provisions of the award.
That's right.
Correct. Since 2019, I've raised concerns that black coal mining industry and enterprise agreements made from 2010 onwards, have in some cases delivered terms and conditions below those available under the relevant award, including lower rates of pay, and that a large number of those agreements were negotiated, recommended, or endorsed by the CFMEU. Minister, given that an individual fair work commissioner cannot vary or revoke a modern award, do you agree that approving a black coal mining industry enterprise agreement that permits casual mine worker employment where the relevant award does not permit that classification raises a question as to whether the Commissioner acted beyond their statutory authority or jurisdiction?
Senator, I'm not sure that I can accept all the premises that are in your question there. Obviously, the government supports fair pay and good job security for workers, which is why, for example, we passed our same job same pay provisions which have been very important in the mining industry. The Fair Work Commission is independent and we respect the independence of decisions of the Commission.
Thank you. If will the government investigate and then acknowledge and address the historical underpayments subject to that investigation that may have resulted from such agreements, irrespective of which employee or employer organisation negotiated or endorsed them.
Again, Senator, I don't have all the information to accept all the premises of your question, but we do respect the independence of the Fair Work Commission.
But if you if you could get the evidence, then you would investigate.
Well, that's that's a hypothetical question, Senator.
Okay. Thank you, Chair.
Thank you.
Senator, do you mind if I just clarify pieces of evidence?
Mr.
Fernell. In terms of thank you. In terms of the varying award, a single member of the Commission can, but customer practice, the normal course of things, they are dealt with in full by full benches of the Commission.
And let me ask a question back. That's because it's a very significant thing to do.
It is, it can impact on many hundreds of thousands if not.
And sometimes I've been in the CFM EU as a member. Sometimes the person running the meeting can manipulate that. Heaven forbid, but it's it happened, I've seen it. So when the union membership endorses something at a at a mine, I'm not talking about nationally, but at a mine, it can be as a result of manipulation. Okay, thank you, Chair. And thank you, Mr Furlong.
Thank you, sir.
No response required there.
No.
Alright. Um, thank you, uh Senator Roberts. I'm returning to the position there, Senator Cavassick.