In a landmark ruling, the Fair Work Commission has backed Same Job Same Pay at BHP’s Saraji, Peak Downs and Goonyella Riverside coal mines.
The decision will deliver around $30,000 more per year to over 2,200 labour hire workers at the three mines.
These workers have been performing the same duties, under the same conditions, as directly employed workers but on significantly lower pay.
This decision, is the biggest win yet under Same Job Same Pay laws. Importantly, it includes BHP Operations Services, confirming that the in-house labour hire model has been used to undercut permanent wages.
The Fair Work Commission will issue formal Regulated Labour Hire Arrangement Orders (RLHAOs) soon.
These will legally require BHP and its labour hire providers to match the pay and conditions of permanent employees.
Once in place, thousands of workers will see their pay increase.
This case sets a major precedent for other Same Job Same Pay applications and sends a clear message: If you do the same job, you deserve the same pay.
FAQ
The ruling applies to workers employed at BHP’s Saraji, Peak Downs and Goonyella Riverside coal mines by:
- Workpac
- Chandler Macleod
- BHP Operations Services (OS) – Production and Maintenance
The Fair Work Commission has made its decision in principle and has not yet issued the orders that would mean Same Job Same Pay takes effect. The Commission is expected to issue the ‘Regulated Labour Hire Arrangement Orders’ soon and we will keep members informed.
This was a full bench decision of the Fair Work Commission, so it’s pretty resounding. But yes, it’s possible that the employers involved might choose to continue the lawyers picnic. We will keep members up to date.