Groundbreaking ‘same job, same pay’ action

The Mining and Energy Union has lodged its first 'same job, same pay' application in an action covering WorkPac workers at Batchfire Resources' Callide coal mine. The MEU said its application to the Fair Work Commission would be the first of many under new laws to prevent labour hire workers being paid less than permanent employees for performing the same work. MEU general president Tony Maher said the Callide site, near Biloela in Central Queensland, had high union membership among WorkPac labour hire mineworkers and the strong support of their permanent workmates for a fair go at the site. “But labour hire exploitation is rife across the mining industry nationally; and we are already preparing our next applications," he said. “We intend to have many applications made and approved by the FWC to deliver higher pay.” A WorkPac spokesman confirmed the group had received an application filed by the MEU seeking a regulated labour hire arrangement order under section 306E of the Fair Work Act. "We understand from reporting today that it is the first application of this type to be filed," he said. "As a new part of the Fair Work Act we anticipate receiving guidance from the Fair Work Commission on how this application will proceed over the next few weeks. "On 20 December 2023, the President of the Fair Work Commission advised that it was anticipated that early applications in this new jurisdiction would be allocated to a Full Bench and that a consultation process would commence for the creation of applicable guidelines." The Albanese Government’s Closing Loopholes legislation, which passed through Federal Parliament in December, paved the way for such applications. The MEU said the Fair Work Commission would determine whether to issue orders requiring a ‘protected rate of pay’ at a site, preventing employers from using labour hire workers to undercut pay rates agreed through enterprise bargaining. At Batchfire’s Callide mine, about 560 mineworkers are employed as production operators and about 60 per cent are labour hire workers employed through WorkPac, according to the union. It says the pay differential varies depending on employees’ classifications, ranging from about $10,000 to $20,000 a year. If approved, the order would lift the pay of WorkPac production employees to match Batchfire production employees. MEU Queensland district president Mitch Hughes said that labour hire and permanent workers at Callide were excited to be making history with the first 'same job, same pay' application. “MEU members have campaigned for many years to change unfair laws that allow mining companies to drive down wages," he said. “We are now doing everything possible to make sure the new laws deliver pay increases to labour hire workers as intended, starting at Callide mine. "

Groundbreaking ‘same job, same pay’ action

Industry Queensland

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