A full bench of the Fair Work Commission has found against BHP’s mandatory COVID vaccination regime at Mount Arthur coal mine in New South Wales.

Miners union the CFMMEU, which fought the case against the mandate, says the company has been arrogant in imposing its mandatory vaccination policy without genuine workforce consultation.

BHP in October announced that all workers and visitors seeking access to BHP workplaces in Australia would be required to be fully vaccinated, effective no later than January 31, 2022.

This includes its Bowen Basin coal operations, although the tighter controls were enforced sooner in workplaces in NSW.

A company spokesman said BHP noted the decision from the Fair Work Commission, which acknowledged the risks presented by COVID-19 but outlined that further consultation should occur.

“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,” he said.

The Commission decision relates only to Mount Arthur and BHP has indicated that its national policy remains in place and it is continuing work on its implementation.

CFMEU Northern Mining and NSW Energy District President Peter Jordan welcomed the Fair Work Commission determination that the Site Access Requirement at Mount Arthur was not a lawful or reasonable direction. 

“The decision is a win for the rights of workers to be genuinely consulted about matters affecting them under state workplace health and safety laws,” he said.  

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