Miners push for right to use strike breakers

Australia ’s mining industry has pushed for the right to use strikebreakers in disputes so unions cannot cause maximum financial damage to employers under the Rudd Government ’s proposed workplace laws.

The Australian Mines and Metals Association asked for changes to the Government ’s Fair Work Bill in its submission to a Senate inquiry It says Labor has gone too far in giving extra powers to unions.

The submission, to be delivered today, also urges changes to what the AMMA says is the wholesale expansion of unions ’ right of entry to workplaces, their ability to hold up projects worth billions of dollars and for compulsory inclusion in enterprise deals.

The mining employers ’ group says preventing companies from using replacement labour during strikes, which are protected by the legislation during award negotiations leaves them at the mercy of unions.

Under the proposed laws, which face a difficult passage through the Senate, the only option for employers would be to lock out workers once they took industrial action but, according to AMMA, it could not be done pre-emptively Government workplace department officials told a Senate committee last year that using strike-breakers would be "capricious or unfair conduct" and banned under the laws.

"Employers are now prevented from taking pre-emptive action against employees and unions, yet employees and unions will control the time at which action is taken to inflict maximum harm on the employer," the AMMA submission says.

It calls for the Bill to exclude strikebreakers specifically from its definition of capricious or unfair conduct.

The AMMA says proposed union entry to inspect employees ’ records after suspected award breaches even if union members were not involved went beyond the pre-Work Choices era by failing to set adequate limits.

"Union access will not be limited only to time and wages records," it says. "It includes records of any employee (including the CEO) which may be relevant to the breach." The Government has said such access would be restricted to employees doing similar work and union officials would be fined for misusing the information.

On greenfields agreements for new worksites, AMMA says WA ’s proposed multi-billion dollar LNG developments would be among 262 minerals and energy projects potentially put in jeopardy.

Mining and construction companies object to a requirement to notify all relevant unions about enterprise bargaining for new worksites.

The AMMA says one union could bring a new billion dollar project to a halt by refusing to sign off on an agreement. The association wants the existing system under which more than one union can reached a deal.

The Government has dismissed such concerns, saying employers could get approval for a greenfields agreement from only one union.

Other amendments the AMMA wants include removing a rule for unions to be the default bargainers and keeping flexible working hours.