February 27, 2025
Mt Arthur mine in the NSW Hunter Valley has become the first BHP coal mine to receive a Same Job Same Pay order from the Fair Work Commission. Meanwhile in Queensland, lengthy hearings into BHP’s challenge to Same Job Same Pay at three mines have wrapped up and we are waiting on a decision.
The Fair Work Commission issued the Mt Arthur order on Friday 21 February, after BHP spent months trying to delay and limit the scope of the MEU’s application for workers employed by Skilled Programmed. It kicks in 7 March and will lead to annual pay increases worth about $10 million and hundreds of new permanent jobs.
Insourcing of labour hire roles has at Mt Arthur has been underway since Same Job Same Pay legislation passed Parliament. Before the laws passed, there were over 400 labour hire mineworkers employed through Skilled Programmed. When the application was made in September last year, that number had dropped to 270. When the order was issued, it had declined further to 230 and BHP has announced it will in-source a further 200 of the labour hire roles.
Northern District President Robin Williams said the creation of hundreds of new permanent roles reversed over a decade of outsourcing at Mt Arthur and showed the laws were working as intended to disrupt the business model of using labour hire to undercut collective bargaining.
“It is an important win against BHP, who were a driving force in developing the unfair, two-tiered employment system that spread like a cancer through the coal industry. After years of ripping off labour hire workers, the law has finally caught up with BHP.”
Delegates gathered at the MEU office in Cessnock to celebrate the victory this week, along with Hunter MP and Same Job Same Pay supporter Dan Repacholi.
President of the Bayswater Lodge Matthew Sutton said that workers were overwhelmingly happy with the news that the order had been handed down.
“This has been phenomenal. When we’ve gone to meetings to talk to people about the news there have been both tears and laughter.”
Earlier this month, our legal team wrapped up weeks of hearings at the Fair Work Commission into BHP’s challenge to our Same Job Same Pay applications at Goonyella Riverside, Peak Downs and Saraji mines.
The hearings took part before a full bench of the Fair Work Commission in Brisbane. The case is very significant because MEU applications cover about 1600 labour hire workers and include BHP’s in-house labour hire provide Operations Services.
Several MEU Lodge and labour hire members gave evidence, doing an excellent job describing their work arrangements under cross-examination from BHP’s lawyers.
Peak Downs Lodge President Jason Noonan said that while the outcome of the case was pending, the new laws were already leading to more permanent jobs.
“More permanents have come on board since Same Job Same Pay was introduced as the incentive to use labour hire has lessened. We will celebrate every new permanent job that is created, and we will also support our labour hire workmates to get Same Job Same Pay.”
The ACTU and other unions attended the first day of hearings in Brisbane to support our members because of the size and significance of the case – especially with a looming election and the risk of workplace reforms like Same Job Same Pay being wound back.
We will keep members up to date with the Fair Work Commission’s decision regarding BHP’s Queensland mines and next steps.
