Mineworkers get TKO'd

The Construction, Forestry, Mining and Energy Union (CFMEU) is 
considering its legal options following a ruling by the Federal Court that 
it [Federal Court] does not have the power to overturn a decision of the 
full bench of the Industrial Relations Commission (IRC), even though the 
Commission has erred in law.

The CFMEU appealed to the Federal Court to uphold a ruling by IRC 
Commissioner Hodder last year that the illegally sacked Gordonstone 
mineworkers should have preference of employment when the mine is reopened.

Mine owners, Rio Tinto, appealed against Commissioner Hodder's decision 
before a full bench of the IRC, which then upheld the company's appeal by a 
2-1 majority.

The Federal Court has now ruled that the IRC had erred in law in quashing 
Commissioner Hodder's decision. However, it also said that under Section 
150 of the Workplace Relations Act, it did not have the power to quash the 
full bench decision.

The Court also ruled that the IRC was wrong when it registered a non-union 
Certified Agreement involving secretly recruited employees hired by a Rio 
Tinto $2 shelf company. The Court ruled that this Certified Agreement was 
void because it was registered before the business was operational.

CFMEU Mining and Energy Division General President Tony Maher welcomed the 
Court's quashing of the Gordonstone non-union agreement. "It is an 
important precedent in stopping Rio Tinto and Patrick-like companies using 
shonky $2 companies to rip workers off."

Mr Maher said that while the CFMEU had won the case "hands down" in the 
federal Court, the illegally sacked Gordonstone workers were robbed of 
justice by the combined effects of a legal technicality and two serious 
legal errors of the IRC.

He said that the Federal Court ruled that the IRC got it wrong when they 
quashed Commissioner Hodder's decision and that they got it wrong again 
when they allowed Rio Tinto's $2 shelf company to register a Certified 
Agreement.

"What sort of system is it when workers are recognised right in law and yet 
are allowed to become the victims?

"We will be examining all our options and will be consulting the labour 
movement as this decision has implications for all workers", said Mr Maher.