High Court delivers a win for collective bargaining in Rio Tinto’s Pilbara operation

The High Court has today upheld a ruling allowing employees of Rio Tinto’s iron ore operation to engage in genuine collective bargaining, said the CFMEU miners’ union.

The High Court rejected Rio Tinto’s application to appeal a previous decision of the Federal Court, which found the employment agreement covering its Pilbara iron ore workforce was not a genuine collective agreement.

The CFMEU miners’ union initiated the legal action in 2009 after Rio Tinto rushed workers from WorkChoices individual contracts on to a binding five-year non-union agreement before the Fair Work Act became law.

The Federal and High Courts upheld the CFMEU’s argument that the Rio Tinto agreement – negotiated with only a small number of workers – was not reached through genuine collective bargaining and should never have been approved.

“We are delighted with the outcome,” said CFMEU Mining General Secretary Andrew Vickers.

“It confirms our argument that the original approval should not have taken place. The workers are now free to be able to genuinely collectively bargain with their employer.

“Rio Tinto made a cynical attempt to circumvent their obligations under the Fair Work laws.

“It has tried to dodge its obligation to recognise the rights of its workers to genuinely collectively bargain for future pay increases and improved conditions.

“It’s been a long legal battle, but it’s been worth it to safeguard the rights of our members in the Pilbara and demonstrate that Rio Tinto is not above the law.”

The Rio Tinto agreement prevented workers from entering into collective bargaining before 2014.