The decision helps break an impasse with the Association of Professional Engineers, Scientists and Managers Australia over Broadmeadow’s first enterprise agreement for staff at the mine at a time when unions are locked in a stalemate with management over enterprise agreements with BMA mine workers.
“I am satisfied … on an assessment of the negotiations that BHP have met the good faith bargaining requirements,” Commissioner Paula Spencer said in her ruling.
“Further BHP have responded with their bargaining position in satisfaction as per [legislation].
“The steps of reaching agreement were noted as being ‘consensual’
“In this regard the parties are encouraged to meet, to further explore any possibilities against this background of negotiations to date, as to whether the impasse can be broken. I do not consider the bargaining to be a pretence.”
BMA said it is reviewing the decision handed down requiring the company to negotiate with APESMA for its members at Broadmeadow mine.
“Broadmeadow Mine has a strong future and we are looking to continue to develop the mine’s full potential, which includes a project which will expand the mine’s capacity and extend its life,” the company said in a statement to ILN.
“We will continue to work with its employees and their representatives to resolve any outstanding issues at the mine.”
ILN did not receive a comment from APESMA before publishing time.
In March this year Fair Work Australia slammed BHP Billiton subsidiary Endeavour Coal for not acting in good faith in its enterprise bargaining negotiations with about 70 professional employees at the Appin colliery in New South Wales.
As a result, Appin employees had not been able to achieve an enterprise bargaining agreement for more than two years, according to the APESMA.
"In these circumstances it was open to the commissioner, and appropriate on the evidence, to conclude that the good faith bargaining requirements envisioned by [legislation] were not being met by the company, in that it was not giving genuine consideration to the proposals being put by APESMA," the full bench of Fair Work Australia said in its landmark ruling.
