BHP has locked at least 80 Mount Arthur workforce out of the NSW Hunter Valley mine and stood them down on no pay with show cause demands as to why they should not be sacked for breaching the company's COVID vaccination policy.
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The CFMEU tried to win an injunction against BHP in the Fair Work Commission but this was rejected late on Tuesday with the matter to go to a full bench of the commission on November 24.
An unvaccinated Mount Arthur worker described BHP's actions as "pretty aggressive", especially as vaccination was legally voluntary.
But BHP says the science is clear-cut, that vaccination saves lives and that the mandatory vaccination policy would be rolled out across all BHP sites by late January.
The Australian Industry Group says it has intervened to join the BHP court case, which it described as "important".
An AIG spokesperson said submissions from the parties were due to be lodged on Tuesday.
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CFMEU Northern Mining and NSW Energy President Peter Jordan described the Fair Work Commission's decision as disappointing and unfair.
"It means that from today, unvaccinated coal mine workers at Mt Arthur face disciplinary action including being stood down without pay," Mr Jordan said.
Mr Jordan said the CFMEU believed industry-based vaccine mandates should be a matter for the NSW government based on relevant public health advice, not individual employers.
"The NSW Government does not consider mandatory vaccinations necessary in the mining industry," Mr Jordan said.
"Mining companies should be striving for high rates of vaccination through education and incentives, not starving workers into submission.
"We will continue representing and supporting all of our members as we fight BHP's heavy-handed approach; and provide assistance for affected members."
Muswellbrook Shire Council Mayor Rod Scholes said 600 doses of the Pfizer vaccine had been available at each clinic, which had been funded by BHP.
In August 2021, BHP trialled workplace-based vaccinations at its Mt Arthur mine site as part of an official pilot program supported by the National COVID-19 Vaccination Taskforce, in what it said was a first for the Australian resources sector.
BHP has also deployed a Rapid Antigen Testing clinic for COVID-19 at the Mt Arthur site in 2021 in an effort to reduce the risk of COVID transmission at the mine.
- Some of this article was originally reported in the Muswellbrook Chronicle
Mathew Perry
Journalist covering the Upper Hunter region of New South Wales for the Muswellbrook Chronicle, Singleton Argus, Scone Advocate, Hunter Valley News and occasionally the Newcastle Herald.
Journalist covering the Upper Hunter region of New South Wales for the Muswellbrook Chronicle, Singleton Argus, Scone Advocate, Hunter Valley News and occasionally the Newcastle Herald.
Ian Kirkwood
Reporting journalist at the Newcastle Herald since 1987. Editorial writer, general reporter, industrial relations, industry and coal.
Reporting journalist at the Newcastle Herald since 1987. Editorial writer, general reporter, industrial relations, industry and coal.
