Monograph Series
Enterprise Bargaining in the Coal Industry - Implications for Work Practices
- Monograph Series No 5 (March 1999)
Executive Summary
* The Australian black coal industry is currently facing the greatest economic
pressures in its history to operate at best-practice levels.
* Australia's ability to meet these challenges depends to a large extent upon
the industry's ability to remove outdated and inefficient work practices.
* In July 1995, the powers of the Coal Industry Tribunal were transferred
to the Australian Industrial Relations Commission.
* Recent decisions by the Commission have altered the working arrangements
which operate in the black coal industry.
* In these decisions, the Commission:
- rejected union claims for preference based on seniority in respect
of rostering and retention (last in first off);
- rejected union claims for provisions regulating the engagement of contractors;
- rejected union claims for provisions regulating staff levels;
- rejected union claims for a `work model' (which places limitation on the
way in which work is performed) and for demarcation of work between production
and engineering employees and staff;
- rejected union claims for provisions that preserve the operation of local
agreements and customs and practice; and
- accepted management claims for 12 hour shifts.
* The abolition of the Coal Industry Tribunal and the integration of coal into
the jurisdiction of the Australian Industrial Relations Commission, the simplification
of the Production and Engineering Award and the Curragh and Moranbah decisions
indicate that the restrictive working arrangements at black coal mines are largely
a matter of choice for companies.
* Benchmarking studies indicate the productivity of Australian open-cut black
coal mines was `very poor':
- truck and shovel operations at NSW black coal mines were estimated
to be operating at less than half the productivity performance of similar United
States mines;
- dragline operations in NSW would need to improve by around 36 per cent to
match United States mines;
- the performance of Queensland mines was, in general, superior to NSW mines;
and
- for Queensland dragline operations, productivity levels were found to exceed
similar United States mines.
* The most significant cause of poor performance revealed in the benchmarking
studies was extremely poor labour productivity in Australian coal mines.
* The specific work practices which were identified as impeding labour productivity
in the Australian black coal industry included:
- overstaffing;
- high levels of non-core workers;
- excessive idle time;
- short shifts and shift schedules;
- sick leave usage; and
- high levels of industrial disputation.
* The analysis of black coal industry agreements suggests that the change in work
practices which have flowed from enterprise agreements is small:
- there has been little change in the types of employment permitted;
- seniority remains the basis for retrenchment;
- work time arrangements have not changed substantially;
- little innovation exists in pay arrangements;
- change management processes are largely static; and
- multi-skilling is not increasing.
* Analysis of currently operating enterprise agreements indicates that there exists
a large degree of diversity in the range of issues covered in agreements, even
between different mines with the same owner.
* No evidence was found that enterprise agreements in the black coal industry
are becoming increasingly facilitative.
* Supporting the conclusions from the benchmarking studies, agreements which
covered mines in NSW appeared to be more prescriptive and restrictive than those
agreements which covered Queensland mines.
* Underground mines were found to include a larger range of prescriptive provisions
than open-cut mines.
* The majority of agreements formalised in 1997 and 1998 in the black coal
industry contained provisions which were aimed at ensuring continuous operations
(such as 7 day schedules, hot seat changes and 12 hour shifts).
* Although provisions relating to employment of fixed term contractors have
increased in the last two years, the incidence of casual, temporary and part-time
work remains restricted.
* While some agreements have attempted to alter particular provisions, none
of the agreements utilised in this analysis contained comprehensive reform to
working arrangements of the type indicated by the benchmarking studies. Clearly
the challenges associated with introducing best practice working arrangements
into the black coal industry still lie ahead, or will be achieved through other
means than enterprise bargaining.
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