Peabody ordered back to the negotiating table over Wambo

PEABODY Energy has been ordered by the full bench of the Fair Work Commission to offer a genuine enterprise bargaining with the union representing 50 technical and administrative staff at its Wambo coal mine in New South Wales after negotiations stalled last year.
Peabody ordered back to the negotiating table over Wambo Peabody ordered back to the negotiating table over Wambo Peabody ordered back to the negotiating table over Wambo Peabody ordered back to the negotiating table over Wambo Peabody ordered back to the negotiating table over Wambo

The Wambo mine.

Lou Caruana

An appeal bench of the FWC said that Peabody had to bargain in good faith with the Association of Professional Engineers, Scientists and Managers Australia, overturning a ruling by senior deputy president Jonathan Hamberger that the company was entitled to take a “hard” position in negotiations even after union had resubmitted a substantially revised proposal that omitted contentious pay claims.

Peabody had to continue sit down and talk in good faith with APESMA and not simply respond by letter to the union’s revised enterprise bargaining proposal after 10 meetings between the two parties in the first half of last year did not progress negotiations.

“At least, there was an obligation to meet and discuss the proposal and to explain in such meeting or meetings whether the proposal or a modified form of it might be acceptable to the company,” it said.

“This is not to say that the company would be obliged to accept the proposed agreement, only that there was an obligation to give further consideration in the bargaining process and through a meeting or meetings with APESMA to put and explain its position and response to a substantially revised proposal which would seem to have addressed the main concerns previously expressed by the company.”

The company was ordered by the bench to meet and deliver “a genuine proposal which includes the matters that it may be prepared to accept in an enterprise agreement”

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