“The wages and conditions of the service operation were well below the wages and conditions that exist for permanent coal miners at BHP`s sites, which have been negotiated for decades. The CFMEU asked BHP to hire its employees under the existing siting agreements that BHP refused. The CFMEU is now asking BHP to conduct a real negotiation to give the employees of Operations Services a right of scrutiny over the conditions of their employment, just like the rest of their coal workforce. “We have long said that these delicate and toxic agreements must be put in the trash and that`s where the Commission finally put them with this decision,” said Tony Maher, President of CFMEU Mining and Energy. In response, BHP decided to set up its own temporary employment agencies: OS MCAP Pty Ltd and OS ACPM Pty Ltd. BHP then arranged for a small group of employees to authorize company agreements for production and maintenance work throughout the mining industry. Vice-President Hatcher and DP Booth found that there were two “fundamental errors” with PD`s satisfaction that the agreements had passed the BOOT, indicating that it relies on an erroneous comparison of rates of pay in the agreements with existing bonuses and does not take due account of how rates would be assessed under different rosters and classifications. The Fair Work Commission (FWC) confirmed that two company agreements concluded by BHP`s internal temporary service provider, Operations Services, did not pay the workers concerned more than the corresponding allocation rates for the mining and coal industries. “Australian company agreements define the conditions of a company, workplace or workplace. But BHP thought they had found a clever way to get around the spirit of the law. Tony Maher, Chief Executive Officer of CFMEU Mining and Energy, has written to Mike Henry, CEO of BHP, asking him to end the unfair pay gap between operations departments and BHP`s direct employees and offer the same pay for the same work by employing them under existing location agreements. A letter from Vice President of Operations Mark Swinnerton confirmed that the company had no interest in closing the pay and conditions gap with BHP`s direct employees.
He said that “no concerns have been expressed by our employees about these conditions.” In a full decision, a majority upheld the CFMEU`s appeal against approving the agreements due to fears that they were not actually accepted by employees. Simplifying and speeding up the system for establishing company agreements has long been a priority reform post for the AMMA and its members. . . .