The Guardian July 21, 2004


Miners' union renews call to reform unfair dismissal laws

A Full Bench of the Australian Industrial Relations Commission 
last week ordered Rio Tinto to immediately offer jobs to 13 of 
the 16 unfairly sacked Blair Athol workers. Tony Maher, the 
General President of the coal miners' union, the CFMEU, called on 
Rio Tinto to end its bloody-minded crusade against the workers 
and to accept the umpire's decision.

"This decision — as welcome as it is — is just the last 
instalment in six years of litigation. It has been a terrible 
ordeal for the sacked workers and their families. Each time we 
achieve legal vindication, Rio Tinto simply finds another means 
to delay and frustrate", said Mr Maher.

The Blair Athol 16 is a dramatic illustration of how a cashed-up 
multinational can make a mockery of Australia's unfair dismissal 
laws.

Mr Maher said the case highlighted the need to introduce time 
limits for decisions and restrictions upon the use of legal 
counsel in unfair dismissal cases.

"The little person, the ordinary worker, doesn't stand a chance 
against a corporate giant like Rio Tinto. When it comes to 
spending on legal matters, money is no object for them. We 
estimate that Rio have spent in excess of $6 million in legal 
fees to keep out the Blair Athol 16. And at the end of all this 
spending and legal manoeuvring what is the result? The same as it 
was six years ago — these workers have been victimised because 
they are union members and Rio have been told to put them back on 
the pay-roll. It's a disgrace."

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