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BHP promises to work with Commission, CFMMEU

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BHP has promised to liaise with the Fair Work Commission, after a ruling found the mining giant’s decision to ban unvaccinated workers from Mt Arthur Coal (MAC) mine was “not lawful”.

The company announced in October it would make COVID-19 vaccination a condition of entry to its Australian sites and offices from 31 January 2022, excluding about 50 employees from its coalmine near Muswellbrook from 10 November.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) represents the bulk of the 724 workers employed by Mt Arthur Coal that fall under its enterprise bargaining agreement.

They took MAC to the Fair Work Commission (FWC), asking whether it was legal or reasonable to enforce the vaccination requirement as a condition of entry.

The FWC found Mt Arthur Coal did not act lawfully or reasonably.

A deciding factor was that the mine had not provided reasonable consultation with the workers.

A spokesperson for BHP said the company noted the Commission’s decision, “which acknowledges the risks presented by COVID-19 and has outlined that further consultation should occur”.

“The science is clear that vaccination saves lives,” they explained in a statement.

“BHP supports widespread vaccination as the path forward for the Australian economy.

“We are assessing the implications of the decision and will work with the commission, our people and union representatives to ensure our workplace remains as safe as possible for our people, their families and the community.”

The FWC noted in its judgement, delivered on Friday, that while the mine had the right to institute site access requirements, “consultation is an important component” of the decision-making process.

“It seems to us that the most telling factor against a finding that the site access requirement was reasonable is the failure… to reasonably consult with the employees,” it said.

CFMMEU Northern Mining and NSW Energy District president Peter Jordan said the FWC’s decision “is a win for the rights of workers to be genuinely consulted about matters affecting them”.

“BHP was arrogant in imposing its mandatory vaccination policy without genuine workforce consultation or the backing of a public health order,” he stated.

“We will continue to work through the detail of this decision and represent the interests of all our workers – especially those who have been stood down without pay as a result of this unlawful direction.”

  • with AAP

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