Workers at the Port Kembla Coal Terminal have rejected the company’s latest changes to a contentious clause at the heart of an industrial dispute.
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The workers have been off the job for three weeks, due to combination of strike action and two company lockouts.
With workers due back at the terminal at 7am on Friday, it is unclear whether their actions will have any immediate response from the company.
The big stumbling block from the workers’ perspective is an employment security clause.
As it stands, officials from the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) claim the clause allows the company to make workers redundant and replace them with contract labour.
Earlier this week, the PKCT offered a revised version of the clause with different wording, which was rejected on Thursday
In a letter to PKCT Operations Manager Kurt Baumgart, CFMMEU National Legal Officer Adam Walkaden wrote that the new clause was “not materially different” to earlier versions.
Mr Walkaden claimed the new clause still fell “well short of a legally enforceable guarantee against forced redundancies (due to the engagement of a contractor).”
“The bottom line is that we will not accept a clause that permits PKCT to terminate PKCT employees on the grounds of redundancy in order [to] replace the employees with a contractor,” the letter stated.
At this stage is it unclear whether CFMMEU members were planning any further action following their rejection, however Mr Walkaden’s letter did not rule it out.
“We remain committed to using every available tool at our disposal to secure a fair and just outcome for all our members,” Mr Walkaden wrote.
“Central to any such outcome is to ensure that all our members cannot be sacked only to be replaced by a contractor.”
A PKCT spokesperson said its employees had been invited to return to work pending an offer of a short moratorium on further industrial action.
“This offer – the second in as many weeks – was again rejected by Construction Forestry Maritime Mining and Energy Union.
“PKCT remains committed to resuming negotiations for a new Enterprise Agreement in good faith.
“It offered to stop industrial activity (by both parties) for at least two weeks, out of concern for PKCT’s employees and their families.
“PKCT is determined to demonstrate its commitment to providing long term job security for its blue-collar employees and to reward its permanent workforce with significantly above award wages and conditions, including a pay rise.
“More details on the long-term job security clause was provided to the CFMMEU this week.”