Four Blair Athol mineworkers reinstated

On February 27, 2049 days after being unfairly dismissed, 
mining transnational Rio Tinto was forced to open the gates for 
the return of some of the victimised Blair Athol coal miners it 
sacked.

A group of four coal miners who were found to have been among 16 
Union members unfairly dismissed by Rio Tinto at its Blair Athol 
coal mine in Central Queensland on July 21, 1998, on March 1 
finally walk back on the job.

Rank and file mineworkers from operations throughout Central 
Queensland marked their return to work with a Guard of Honour in 
what their union, the Mining Division of the CFMEU, hopes is a 
move to finally end Australia's longest running industrial 
dispute.

The mining union's General President, Tony Maher, welcomed the 
return of the four to Blair Athol and the re-employment of two of 
the other victimised workers at Rio Tinto's neighbouring new Hail 
Creek coal mine. "Hopefully, this brings us to the final stages 
of not only ending Australia's longest running industrial dispute 
but also ending the suffering and hardships the families of these 
miners have been subjected to for well over five years", said Mr 
Maher.

On July 25 last year, a full bench of the Australian Industrial 
Relations Commission ruled that the 16 coal mineworkers who were 
unfairly dismissed by Rio Tinto should be given preference of 
employment by the company.

"While the company is appealing the decision, it has at least 
complied with the re-employment of six of the original 16 but 
that still leaves 10 of the victimised mineworkers out the gate", 
Tony Maher pointed out.

"Rio Tinto should go the whole hog and get them all back on the 
job. These men and their families have suffered more than enough. 
It's time Rio did the right thing and get them all back on the 
job so their families can finally rebuild their lives and look to 
the future with the confidence they deserve."

Summary: Blair Athol unfair dismissal cases

21 July 1998 — 16 Blair Athol mineworkers sacked. Union 
launches unfair dismissal application.

9 April 2001 — Commissioner Hodder rules that the 16 were 
unfairly dismissed and were the victims of "unfair and unjust 
treatment" because of their Union membership. The Commission also 
confirmed the existence of a "secret black list" used to 
victimise the 16 and ruled that their retrenchments were not 
merit-based.

It describes management treatment of blacklisted employees as a 
"blood sport". Commissioner Hodder orders the reinstatement of 
the 16 with full back pay. Rio Tinto appeals but continues to pay 
the men while refusing to allow them back to work at Blair Athol.

12 December 2002 — By a majority of 2-1, the full bench 
of the Commission upholds Commissioner Hodder's finding that the 
16 men were unfairly dismissed. In their decision the full bench 
said: "We find for ourselves that the terminations were harsh, 
unjust and unreasonable."

However, because the Work-place Relations Act provides for only 
six months' pay as compensation for unfair dismissals, and the 
men had been paid more than this, the full bench declined to 
order their reinstatement at Blair Athol.

7 February 2003 — Union lodges exceptional matters 
application under Section 120A of the Workplace Relations Act for 
an order requiring Rio Tinto to re-employ the 16 unfairly 
dismissed Blair Athol mineworkers at the company's new 
neighbouring Hail Creek mine in Central Queensland.

25 July 2003 — Full bench orders that the 16 unfairly 
dismissed mineworkers be given preference of employment at Rio 
Tinto's new Hail Creek coal mine. Rio Tinto announces it will 
appeal the decision.

1 March 2004 — Four of the 16 victimised miners to return 
to work at Blair Athol.

8 March 2004 — Two more of the victimised workers to 
commence employment at the Hail Creek mine.