By James Vassilopoulos
According to Mick Kelly, vice-president of the northern districts of the Construction, Forestry, Mining and Energy Union, there was a "very strong likelihood" that the Australian Industrial Relations Commission would arbitrate on the dispute at Hunter Valley Mine No. 1.
If the CFMEU's request that the commission arbitrate is successful, the AIRC will hear submissions from the two protagonists and decide on the enterprise agreement. This will almost definitely mean that some working conditions will be lost.
Arbitration on the strike would mean that the picket line must end and the miners would return to work. The coal trains would run while the commission is deciding which conditions would be maintained and which lost.
Kelly explained to Green Left Weekly on October 29, before the hearing had begun that, "Whilst we had some reservations about compulsory arbitration, with the time which has elapsed now, it is the only means of finding a resolution. [Rio Tinto] is not going to capitulate. We have no intention of capitulating and, from our point of view, we have an obligation to resolve the dispute."
On the question of conditions being traded-off during arbitration, Kelly said, "I think you have to be objective about it. We were prepared to trade-off and negotiate away a number of things if the company would have been prepared to move. That is not a grave concern.
"But we are also confident that the positions we have adopted are commonsense positions, very reasonable positions, and I would be surprised if the commission sees it much differently."
The CFMEU will not negotiate on seniority or "last on, first off" hiring as Rio Tinto is likely to be "extremely vindictive" to unionists, especially militants.
Permanency of work is also non-negotiable, with Rio Tinto seeking to introduce many more contractors and casuals.
Rio Tinto is planning to run a secret ballot for the strikers in November in an attempt to end the strike. Kelly described this as a "diversionary tactic" and is "very, very confident that the workers will overwhelmingly torpedo the company line".
Since Rio Tinto obtained injunctions in the NSW Supreme Court on October 14 to stop the union from blocking trains, it has not tried to force through a train. Kelly said he does not expect a train in the near future because the company knows it will not get one through, and "when they fail it lifts our people".
Meanwhile, Cessnock City Council has voted to support the striking miners after hearing an appeal by a miner's wife, Bronwyn Dowse. To applause from a packed gallery, Dowse appealed to the council to reinforce the need for arbitration and to assist with stress relief and financial services for the miners' families.