BY CHRIS SLEE
MELBOURNE — On February 5, the Industrial Relations Commission began a hearing on the dispute between Yallourn Energy and the Construction, Forestry, Mining and Energy Union. The CFMEU is appealing against the termination of its enterprise agreement bargaining period, while Yallourn Energy is calling on the IRC to impose an arbitrated award under the Workplace Relations Act.
After more than a year of fruitless attempts to negotiate a new enterprise agreement, the union took "protected" (legal) industrial action last July that limited the amount of power Yallourn Energy could generate. The company sought a ruling from the IRC to terminate the bargaining period, making any industrial action illegal.
After the IRC hearing, but before Commissioner Lewin had announced his decision, the union learned of a secret company document that showed that the company planned to contract out the Yallourn mine and sack all 260 mine workers, as well as lock out the power station workers for up to six months.
The union applied for the case to be reopened to consider this new information. Lewin refused and announced the termination of the bargaining period on November 2. The workers responded by going on strike for four hours, causing blackouts throughout Victoria.
The CFMEU has two grounds of appeal against the termination of the bargaining period. First, it argues that the union was denied procedural fairness when Lewin rejected its request to reopen the case. Second, it argues that Lewin had no jurisdiction to hear the case, since the clause in the Workplace Relations Act that the company used to make its application for termination of the bargaining period applies only to workers on "paid rates" awards. The union argues that its current award is not a paid rates award.
On February 5, the IRC reserved its decision on the first of the union's objections. No date was set for the continuation of the hearing. The company wants the case finished by May 2, when Lewin's decision terminating the bargaining period would lapse.
The company's argument for an arbitrated award will be dealt with after the union's two appeals are decided. During the arbitration phase, the union will argue that, given the very high unemployment in the Latrobe Valley, further cuts to staffing levels in the power industry are contrary to the public interest.
Luke van der Meulen, secretary of the Victorian Mining and Energy District of the CFMEU, told Â鶹´«Ã½ Weekly that he did not expect the union to win in the IRC, but arguing the public interest case in the IRC will help in building public support for the power workers.
A solidarity committee has been set up in Melbourne. It helped organise a rally of 400 people on January 18 and a rally of 50 people outside the IRC on February 5. A public meeting at Trades Hall in Melbourne is planned for March 8. The committee is helping to organise speaking tours by Latrobe Valley workers around Melbourne work places and campuses. To contact the committee, phone Luke van der Meulen or Simon Millar on (03) 5134-3311.