By Jennifer Thompson
The Australian Industrial Relations Commission is hearing an application by the CFMEU mining division for exclusive coverage of production workers in the central Queensland coal port, Dalrymple Bay.
The dispute heated up in June after the Queensland IRC awarded coverage to the port management's preferred union, the Australian Workers Union.
CFMEU mining division's general vice president Tony Maher told Green Left Weekly that the AIRC application for exclusive coverage was one of "half a dozen" proceedings dealing with the stand-off. The union was not expecting a decision for a few weeks, he said. The CFMEU currently has "principal" union status in the industry.
Around $3 million worth of coal is daily shipped from the port — almost 10% of Queensland and 2% of Australian exports. With the backing of the Australian Mines and Metals Association, Dalrymple Bay management has fought hard to prevent legal recognition of the CFMEU's right to represent its members by strongly supporting exclusive coverage by the AWU. The QIRC's May 31 decision to award the AWU coverage found that would be the best way to secure the employer's objective of improving the reliability of supply for coal exports.
An ACTU ballot of union members in the port showed a strong preference for the CFMEU. That ballot was refused recognition by the QIRC, sparking a 48-hour strike under the protection of an enterprise bargaining period initiated by the CFMEU. The strike lengthened to 12 days as the port management pursued the union in the QIRC.
The CFMEU was overwhelmingly preferred in a second ballot run by the AIRC in June. However, the company's lawyers are still questioning the validity of the ballot, said Maher. During the current hearing, "I was asked by a [port management] queen's counsel if it was a corrupt ballot", he said, "but it was run by the IRC!".