Full Bench, composed of Vice-President Hatcher and Vice-President Booth and Colman, on Friday, May 8, 2020, found that DP Boyce did not properly consider the agreements on the basis of legal admission criteria and should have taken more account of union objections to the agreements. DP Colman agreed with the majority in its own judgment, but on a narrower basis there was no fundamental error, as DP Boyce assessed the BOOT on the basis of „the guarantee in the agreement that the remuneration of the new service tables will be higher than what the employees would have paid by applying the corresponding arbitration award.“ The enterprise agreement cancelled on Friday would have become the standard baseline on which Operations Services` individual contracts would have been set. Similarly, he submitted that he had not explained the conditions and effects of the complaint, particularly with respect to the setting of wages for the new turnover tables under the agreements. BHP Billiton`s Operations Services (OS) enterprise agreements will be re-evaluated by the Fair Labour Commission (FWC) following the invalidation of Vice President Gerard Boyce`s December 2019 approval decisions. Moreover, „it is not sufficiently open that DP Boyce was satisfied that compliance with S 180 (5) (excluding bonds) was present and that, therefore, the agreement had indeed been concluded. The operating contract accepts the change of position, but limits them to a maximum of four weeks. The company also failed to reach an agreement or determine whether staff supported the amendment. This is evidence of the confusing agreement process of the Fair Work Act, which has resulted in a serious loss of confidence among employers in the usefulness and practicality of enterprise agreements. „We are not satisfied with the needs of … the Fair Labour Act, which the production contract or maintenance contract has actually approved by the workers covered by the agreements,“ the judgment states.
Between 2014 and 2019, the number of private people halved, from about 20,000 to just over 10,000, according to the attorney general`s office. CFMMEU has been forced to take further legal action against unilateral changes to the rolling chart cycle introduced by BHP Coal at the Saraji mine in the Bowen Basin coal basins in Queensland. The union argues that the company is violating the 2018 enterprise agreement by replacing the existing service table system without consultation. In the last three full calendar years (2017-2019), there have been 716 outstanding full bench FWC calls – virtually one for each business day – with many questions related to enterprise contract authorizations (see additional AMMA analysis here). Melbourne and LondonBHP Billiton have reached an agreement with Queensland coal unions on a new three-year enterprise contract. The agreement covers 2,000 employees at seven mines in central Queensland and the Hay Point coal terminal, managed by bHP Billiton Mitsubishi Alliance. AMMA is disappointed that the agreements on resource companies were voted on by workers and submitted to the Fair Work Commission 18 months ago, subject to delays and lingering uncertainties in the authorisation process.