The Mining and Energy Union has filed an application in the Federal Court claiming BHP's in-house labour hire provide Operations Services has breached Award provisions relating to public holidays and shift lengths.
If successful, OS employees may receive backpaid entitlements and BHP's wholly-owned subsidiary would get another black mark against its employment practices.
The MEU contends that in the matter of public holidays, OS is in on-going breach of requirements in the Black Coal Mining Industry Award to nominate two public holidays each year to apply across the whole workforce.
Regarding shifts, the MEU contends that OS is in on-going breach of the requirement to have agreement with a majority of employees regarding shifts longer than 10 ordinary hours, as well as shift start and finish time and location.
OS requires employees to work a 7-on 7-off roster of 12.5 hour shifts, 365 days a year.
MEU Queensland District President Mitch Hughes said BHP unilaterally imposed conditions on its OS workforce when the Award is clearly designed to require workforce consent in an industry of round-the-clock production.
"BHP has already been found to have breached the National Employment Standards by forcing workers to work on public holidays. This process also uncovered $430 million in underpayments over more than a decade.
"With further scrutiny applied to their practices, we believe they are also breaching the black coal Award, which reflects the long-standing industry practice of giving the whole workforce two public holidays a year – traditionally Christmas and Boxing Day.
"BHP is more focused on creating a workforce on lower pay than meeting its legal obligations around minimum employment entitlements, or coal industry employment standards."
BHP Operations Services employees are covered the Black Coal Mining Industry Award because they do not have valid Enterprise Agreements in place. Negotiations for OS production and maintenance agreements stalled after BHP has repeatedly fallen short on requirements to have OS agreements validated, with talks on both agreements only recently resuming. Most mineworkers in the black coal industry are covered by enterprise agreements, which override Award conditions.
