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| Issue No 20 |  |
02 July 1999 |
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NewsGordonstone Miners Win Battle, But Robbed of JusticeBy Paddy Gorman
- CFMEU Mining Division The Miners Union is considering its legal options following a ruling by the Federal Court that it does not have the power to overturn a decision even though it was wrong.
The CFMEU appealed to the Federal Court to uphold a ruling by Commissioner Hodder last year that the illegally sacked Gordonstone mineworkers should have preference of employment when the mine reopened. The company appealed Commissioner Hodder's decision before a Full Bench of the Commission, which upheld the appeal by a 2-1 majority. The Federal Court ruled the Full Bench of the Commission had erred in law in quashing Commissioner Hodder's decision, but said that under Section 150 of the Workplace Relations Act, it did not have the power to quash the Full Bench of the Commission's decision. The Federal Court also ruled that the Commission was wrong when it registered a non-union Certified Agreement involving secretly recruited employees hired by a Rio Tinto $2 shelf company. The Court ruled that this Certified Agreement was void because it was registered before the business was operational. CFMEU Mining and Energy Division General President Tony Maher welcomed the Court's quashing of the Gordonstone non-union agreement. 'It is an important precedent in stopping Rio Tinto and Patrick-like companies using shonky $2 companies to rip workers off". Tony Maher said that while the CFMEU had won the case 'hands down' in the Federal Court, the illegally sacked Gordonstone miners were robbed of justice by the combined effects of a legal technicality and two serious legal errors of the Industrial Commission. "The Federal Court ruled that the Full Bench of the Industrial Commission got it wrong when they quashed Commissioner Hodder's decision and they got it wrong again when they allowed Rio Tinto's $2 shelf company to register a Certified Agreement. "What sort of a system is it when workers are recognised as right in law and yet are allowed to become the victims. We will be examining all our options and will be consulting the labour movement as this decision has implications for all workers," said Tony Maher, who called on Rio Tinto to cease victimising the sacked workers and employ them.
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   Interview: They�re Not All BastardsThe Australian Industry Group�s Roger Boland is one employer representative who believes trade unions will continue to play an important role in the economy - and society - of the future. Unions: Always the Pay is No GoodFair Wear's campaign for clothing industry homeworkers is changing the way we think about consuming. History: A Refreshing AdvanceWomen workers organising in the NSW Rail and Tramways Department Refreshment Rooms in the 1920s. International: MAI Back on the AgendaAfter being ditched in the wake of an international cyber-protest, the World Trade Organisation is trying to salvage the MAI from the ashes. International: Courage Against the OddsA Cuban trade union leader urges for a 30 year blockade to be lifted, with a fundraiser to be held this Thursday. Review: Without You I'm NothingBritish pop music doesnt come any better than Placebo.
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