March 25, 2026
The Mining and Energy Union has called for major reforms to Australia’s National Employment Standards, warning the current safety net fails to reflect how people actually work, particularly in mining, energy and other shift-based industries.
In a submission to the federal parliamentary inquiry into the NES, the MEU outlined practical changes to ensure that workers are not financially penalised for being sick, taking leave, starting families or being employed through labour hire arrangements.
MEU General President Grahame Kelly said the standards are stuck in a 9-to-5 world that no longer exists.
“Mining and energy workers don’t work neat Monday-to-Friday office hours but the law assumes that they do,” Mr Kelly said.
“When shiftworkers take sick leave or annual leave, they lose huge chunks of income because the system only pays base rates, not what they actually earn on the job.”
“For workers on long rosters and unsociable hours, that can mean being punished financially for getting sick, or for exercising their right to take time away from work.”
The union is calling for leave entitlements in the NES to be paid at workers’ full rate of pay for rostered hours, not just ordinary base hours.
Mr Kelly said the submission also addresses growing pressures on working families.
“Too many workers are pushed out while pregnant or shortly after returning to work. That’s unacceptable in modern Australia,” Mr Kelly said.
The submission calls for stronger protections against dismissal for pregnant workers, employees on parental leave and those returning to work, to ensure that people are no longer penalised at work for having children.
Mr Kelly said the union is also pushing for labour hire workers to be treated with equal dignity at work.
“Same Job Same Pay was a huge step forward, but equality of pay alone doesn’t fix second-class treatment on site,” he said.
“No worker should be excluded from training, facilities, career opportunities or permanent vacancies simply because of the badge on their shirt.”
The MEU is also calling for new employees to be given a clear written statement outlining their actual employment conditions, rather than generic information that often leaves workers unsure of their rights.
“Too many people start jobs without a clear understanding of pay, hours, leave or entitlements,” Mr Kelly said.
“These are practical updates that would make our national employment safety net stronger and more fit for purpose in 2026.”
“The minimum legal standards protecting working people in the mining industry and across Australia should reflect the reality of the challenges they actually face at work.”