The hearing of the employer claim is due to be heard on 7–11 November 2016 in Sydney.

The Construction Forestry Mining and Energy Union has branded the claim as an “outrageous attack on the entitlements of ordinary workers by some of the world’s richest multinational corporations”

The central executive of the union has determined to devote whatever resources are necessary to defeat this application.

“The union has filed extensive written submissions in this matter and 16 witness statements,” it said.

“Included in the evidence filed by the union is an expert report by renowned economist Professor David Peetz, a report on a telephone survey of 2600 coal mining employees in New South Wales and Queensland and statements by 12 rank and file members who would be impacted by the proposed cap, or who have done it tough since being made redundant in the recent downturn.”