A pared-back IR bill that passed through the Senate is a blow to casual mineworkers, overturning important court decisions finding they have been unlawfully exploited by mining and labour hire companies, a key union says.

Meanwhile the Minerals Council of Australia has expressed its disappointment at the failure to include reforms that would accelerate the approval of enterprise agreements and allow longer greenfields agreements for major projects.

The Federal Government was forced to strip down its Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2021 to get enough support to pass through the Senate.

CFMEU Mining and Energy general secretary Grahame Kelly said mineworkers would be bitterly disappointed that while the bulk of the IR bill was parked, measures to limit the rights of casuals were passed.

“This Government, with the support of One Nation, has introduced an unfair definition of casual based on words in the contract not the reality of the work arrangements,” Mr Kelly said.

“Further, mineworkers found to have been unlawfully employed as casuals will be prevented from claiming their rightful entitlements.

“The Federal Court has made a series of sensible judgments exposing the ‘permanent casual’ rort in the mining industry, which gave hope casual miners exploited over many years.

“The Morrison Government has done the bidding of big business to extinguish that hope. There are many politicians who voted for these measures today who loudly claim to support mineworkers. Their actions today expose them for the hypocrites they are.”

Overdue changes to boost investment thwarted – MCA

Minerals Council of Australia chief executive officer Tania Constable described the bill as a lost opportunity.

“It is regrettable that the Opposition, the Greens and some crossbench senators have stifled important regulatory improvements that the nation needs to accelerate post-COVID economic recovery,” she said.

“The original bill’s measures to accelerate the approval of enterprise agreements and allow longer greenfields agreements for major projects were modest, incremental and overdue changes to boost investment, productivity and prosperity.

“These measures were compromise solutions that emerged from extensive discussions between employers and unions in the industrial relations working groups conducted last year by the government.

“It is disappointing that much-needed reforms to drive economic recovery have been sacrificed to political expediency.” 

Bill protects business from double-dipping pay claims – Landry

Commenting on the bill on social media, Member for Capricornia Michelle Landry said the reforms passed would bring casual workers greater opportunity to convert to permanent work, and small and family businesses would be saved from a potentially devastating $39 billion liability thanks to the Government’s removal of a ‘double dipping’ loophole.

“This is a significant win for casual workers who perform a regular pattern of work and deserve the benefits that can flow from permanency, if that is what they wish,” she said.

“In addition, the bill passed today protects business from double-dipping back-pay claims for entitlements they have already paid, which if left unaddressed had the potential to cost jobs and bankrupt businesses.

“These measures will protect jobs into the future, a critical move as Australia moves strongly out of the economic impacts caused by the COVID-19 pandemic.”