https://www.xxzza1.com
23.9 C
Newcastle

Court finds BHP’s jab mandate ‘not reasonable’

SHARE

A decision by mining giant BHP to ban unvaccinated workers from the biggest coalmine in the Hunter was made without adequately consulting employees and was not lawful or reasonable, the Fair Work Commission (FWC) has ruled.

BHP 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 workers from the Mt Arthur coalmine south of Muswellbrook from 10 November.

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

They took Mt Arthur Coal to the Fair Work Commission, 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.

The FWC notes 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,” the FWC judgement said.

The Australian Industry Group submitted to the Commission that Mt Arthur Coal had met its consultation obligations, but after the Commission disagreed, the group’s chief executive Innes Willox said the case showed “the importance of employers consulting with employees before implementing mandatory vaccination requirements”.

“The decision is not a repudiation of vaccine mandates by businesses,” Mr Willox said.

The FWC’s ruling acknowledged “employers face a difficult task in managing the risks for their workers in such a dynamic environment” as the one presented by COVID-19, but noted BHP made the decision independent of any public health order.

CFMMEU Northern Mining and NSW Energy District president Peter Jordan told AAP the 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 said.

“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.”

BHP has been contacted for comment.

Get all the latest Newcastle news, sport, entertainment, lifestyle, competitions and more delivered straight to your inbox with the Newcastle Weekly Daily Newsletter. Sign up here.

More Stories

Newcastle Weekly

Subscribe To Our Newsletter

Subscribe to Newcastle Weekly. News, Community, Lifestyle, Property delivered direct to your inbox! 100% Local, 100% Free.

You have Successfully Subscribed!