According to The Newcastle Herald, Centennial lodged papers in the Court of Appeal two weeks ago over convictions concerning a 1998 death at the Awaba mine, owned by another company at the time. Xstrata lodged similar papers on Friday over convictions concerning the 1996 Gretley mine deaths.
Last year the NSW Industrial Relations Commission found subsidiaries Newcastle Wallsend Coal Company and Oakbridge and former Gretley staff guilty of breaches of the Occupational Health and Safety Act 1983.
The appeals are aimed at overturning criminal liability for workplace death and injury. Currently defendants face criminal liability for workplace death and injury but the companies are arguing if an offence carries criminal liability then the defendant must get the same rights that would apply in a criminal case.
The companies argue that the New South Wales Industrial Relations Commission has no jurisdiction to find employers criminally liable for workplace death or injury.
The Construction Forestry Mining and Energy Union (CFMEU) warned if the companies were successful they could expect a significant industrial backlash.
General president of the CFMEU’s Mining and Energy Union Tony Maher said if Xstrata and Centennial Coal were successful in their applications it would invalidate prosecutions for criminal negligence.
“These companies are attempting to exonerate employees who kill people at work. They are seeking to exempt themselves from laws that apply to everyone else in the community. If successful, their appeals would have wide implications on the application of criminal laws throughout the whole of Australia,” Maher said.
“Our Union has one thing to say to Xstrata, Centennial Coal and all other mining companies operating in Australia – we will not compromise on health and safety in the mining industry. Our members cannot be expected to work in an unsafe industry in which mineworkers are stripped of the full protection of the law”
New industrial manslaughter laws are soon expected to be brought before parliament. Higher fines and jail for first-time offenders are being proposed.
Mining companies have argued the new legislation is making it difficult to find staff for certain statutory positions.
