The Australian Manufacturing Workers’ Union (AMWU) heralds the Fair Work Commission decision to award BHP Operating Services workers in Bowen Basin orders under the “Same Job, Same Pay” legislation.
“Same Job, Same Pay” laws were created to stop companies using labour hire as a loophole to undercut wages of workers in established enterprise agreements.
The AMWU, together with the Mining and Energy Union applied for Regulated Labour Hire Arrangement (RHLA) (RHLA) orders to cover more than 1,600 labour hire workers employed by BHP Operating Services (BHP OS) at the Goonyella Riverside, Peak Downs and Saraji mines in Central Queensland.
These applications were opposed by BHP OS on the grounds that these workers were engaged under a contract for services, even though they were working in the same workshops and maintaining the mines’ vehicle fleets – just like those workers employed directly by BHP Coal Pty Ltd.
Today’s decision applied the tests in the Fair Work Act and found that, overall, the BHP OS workers were engaged for the performance of “work”. They were ultimately doing what BHP Coal told them to do, not BHP OS.
Labour hire workers who are covered by RHLA Orders will be paid “the protected rate of pay”, which includes the base rate and any allowances, loadings, penalties that would be paid under the host’s enterprise agreement.
These decisions protect enterprise agreements negotiated by host employers’ workers from being undercut by labour hire workers. This will encourage employers to seek permanent workforces, leading to less insecurity for workers overall.
Today’s decision makes it clear: if you do the same job as other workers on a site, it doesn’t matter who you are employed by you have a right to be paid the same.
Quotes attributable to AMWU National Secretary Steve Murphy:
“Today is a victory for every worker who has been ripped off in their pay.”
“Workers can now stand together against the rort that labour hire has become – bosses are
using dodgy labour hire arrangements to pay workers less.”
“Same Job, Same Pay is what the union has delivered today, for the workers who deserve it.”
“This is not about a pay increase – this is about wage justice.”