Queensland coal miners' victory
By Bill Mason
BRISBANE — Capricorn Coal management agreed in an Industrial Relations Commission hearing on January 22 to reinstate a sacked union shop steward at the company's central Queensland German Creek mine. The union delegate's dismissal, for alleged "gross misconduct" arising from an argument with management over safety, led to a five-day strike at three mines in the previous week.
In a major challenge to the federal government's new Workplace Relations Act, members of the Construction, Forestry, Mining and Energy Union had voted to walk out indefinitely.
The 600 workers decided to return to work on January 19 after the IRC issued an order banning industrial action for three months, under Section 127 of the new act.
Under the legislation, the union could have face crippling fines or damages if action had continued on the issue. CFMEU district vice-president Hector Heumiller commented on January 16, "No doubt they're testing the water, and the whole industry will have [its] eyes on this matter".
The reinstatement agreement, under which the shop steward would return to work subject to "strict control", occurred after it was revealed in preliminary unfair dismissal hearings that the CFMEU had sent management 72 hours' notice of "protected industrial action" at the three affected mines. Capricorn Coal management claimed the move was aimed at circumventing the commission's order.
CFMEU state secretary Andrew Vickers replied that the action resulted from a breakdown of enterprise negotiations at one of the mines. Nevertheless, after the agreement to reinstate the sacked steward, the union withdrew notice of intent to strike on the enterprise bargaining issue.>41559MS>n255D>