Rio Tinto Tries to Sidestep IR Laws

Mining Union Launches Major Test Case

The ability of major corporations to sidestep new industrial laws giving workers the right to bargain collectively will be challenged in a major test case to be launched today.

The CFMEU mining union will launch a Federal Court bid to block Rio Tinto from moving AWA workers onto a five-year agreement before the Fair Work Act becomes law on July 1.

Under the Rio Tinto agreement hundreds of miners would be stripped of their right to bargain for future wage increases and improved conditions as their Australian Workplace Agreements expired.

Instead they will be tied to a new agreement that has been negotiated by the mining giant and just a handful of workers in the Pilbara, that prevents any worker from bargaining for any wage increase or improved conditions until 2014.

CFMEU WA Secretary, Gary Wood said the powerful mining giant had forged the new workplace agreement in a bid to circumvent the Rudd Government’s new IR laws.

“Rio Tinto has deliberately moved to dodge its obligation to recognise the right of its workers to bargain for future pay increases and improved conditions under Rudd’s new IR laws,” Mr Wood said.

CFMEU General Secretary, Andrew Vickers said that the union was prepared for a long legal battle, vowing to fight for the right of Australian miners to bargain under the Rudd Government’s new workplace laws.

"This is the first legal challenge of its kind in Australia and one that will hopefully test the reach of the Rudd Government’s new IR laws," Mr Vickers said.

"The CFMEU fought long and hard to safeguard the rights of ours members under fair industrial relations laws and we are not about to let Rio Tinto walk away from its obligations under those laws."