Category: Politics & Regulation

Court strikes down award limits on union delegates A Full Federal Court has ruled the Fair Work Commission (FWC) unlawfully narrowed workplace delegate rights in modern awards, ordering it to redo the award terms.The Federal Court found the FWC made three jurisdictional errors in varying modern awards to include a workplace delegates’ rights term.The court found the FWC impermissibly confined delegates’ representation rights to employees of the delegate’s employer, narrowed the statutory communication right and imposed absolute constraints that could unlawfully restrict the reasonable exercise of delegates’ rights.The ruling has sparked industry backlash, with Australian Resources & Energy Employer Association (AREEA) chief executive Steve Knott saying workers’ rights have been extended to engage with workplace delegates on the employer’s time and resources, provided only that they are eligible to be members of that union.“The laws create unprecedented new powers for unions, risk turning employees into de-facto union organisers, and apply across all workplaces, including non-union sites with no enterprise agreements,” he said.“ decision materially expands the scope of workplace delegate rights. It extends the right of workplace delegates, paid for by employers, to communicate with contractors and labour hire employees working at an enterprise, regardless of whether those workers are union members.”Minerals Council of Australia (MCA) chief executive Tania Constable has called the decision an “over-reach of union power”.“Today’s decision by the Full Federal Court to overturn the FWC’s orders that placed reasonable limits on the exercise of union delegate powers confirms that unions will continue to push for expanded powers which absolve union delegates of their obligations as employees and interfere with the normal performance of work,” she said.“The decision shows that the Federal Government’s Closing Loopholes legislation gives unions significantly more power than what the independent umpire determined was a fair and reasonable balance.“Australian mining companies are already feeling unprecedented cost pressures, including from industrial relations changes, mounting energy prices, lengthy and costly project approval delays and increased royalties – driving investment offshore to low-cost jurisdictions with poor environmental and emissions standards.”The MCA says it will work with other affected industries to closely review the decision and its implications and take further action as appropriate. 

Billion-dollar mine felled by a blue banded beeLast year, former Federal Environment Minister Tanya Plibersek derailed Regis Resources’ (ASX: RRL) $1b McPhillamys gold project in NSW with a controversial Indigenous heritage ruling.Now more than a year later, the Federal Court in Sydney is hearing Regis’ case — with the company pleading that the decision should be deemed invalid due to alleged issues and failures on behalf of Minister Plibersek.Regis Resources has argued that the view held by the Federal Department of Climate Change, Energy, the Environment and Water (DCCEEW) changed after additional evidence was produced by an independent Aboriginal elder more than a year after approval was granted.The Dreaming story that was given as evidence is considered controversial between Traditional Owners and Regis argues that further investigation should have taken place before the ruling was handed out.If Regis’ application is successful, the company will seek a declaration from a Federal Court judge that the Section 10 declaration is legally invalid and that the application be redetermined by a minister other than Minister Plibersek.Despite the contention, Minister Plibersek has remained adamant in her ruling.“The truth is we are living in a country where we've got thousands of years of continuous culture and heritage. We've done a pretty bad job of protecting it in the past,” Minister Plibersek said.“If we sincerely believe that we can't allow the destruction of cultural heritage in that way, then occasionally decisions like this have to be taken.“Protecting cultural heritage and development are not mutually exclusive. We can have both,” Minister Plibersek said.The ruling made in August 2024 — more than a year after the project was approved — denied the construction of a tailings dam near the Belubula River in an attempt to protect culturally significant land.“The Wiradjuri/Wiradyuri people, who traditionally lived around the Bathurst area, have significant spiritual and cultural connections to the headwaters of the Belubula River,” Minister Plibersek said at the time.“If this site were to be desecrated, it would be a threat to the continuance of Wiradjuri/Wiradyuri culture.“Crucially, my decision is not to stop the mine. The company has indicated to me that it has assessed around four sites and 30 potential options for the tailings dam.”Following the ruling, contrary to Minister Plibersek's declaration, Regis deemed the project as non-viable, stating it would take up to 10 years to identify and gain approval for an alternative tailings site, before taking out a non-cash impairment of $192m.The federal heritage protection system operates through Section 10 emergency declarations, which can override existing state approvals when sites face imminent threat of desecration. This power to operate independently from state mining approvals has created significant regulatory complexity.The Regis protection order challenge is an example of these two-tier regulatory system dynamics.During the initial assessment process, Regis consulted the Orange Local Aboriginal Council, who was believed to be the legally recognised Traditional Owner representatives of the region.In 2020, Wiradjuri Elder Aunty Nyree Reynolds lodged a protection application which failed to meet the required protection criteria. The application was made independent of the Orange Local Aboriginal Land Council and NSW Aboriginal Land Council.The NSW Government granted the McPhillamys project approval in 2023 but critical cultural evidence regarding the Blue Banded Bee Dreaming story emerged after approval was received, completely shifting the assessment trajectory.The federal protection orders were implemented in late 2024 despite the significance of the evidence being disputed between the Wiradjuri community.Under the federal protection system process, it was considered unnecessary to undertake additional consultation with Regis Resources.Following the ruling, Regis Resources chief executive Jim Beyer said the required restart of the approvals process with the NSW and Federal Governments could take up to 10 years, with no certainty of a viable alternative being realised.“Following the surprising and disappointing Section 10 Declaration by Minister Plibersek, Regis has commenced an assessment of the impacts on the economic value of our business,” he said.Regis Resources announced its decision to contest the ministerial decision shortly after, arguing the company was not afforded the opportunity to respond to the change in the application following the accumulation of new evidence.

WorkSafe has reported that the 53-year-old worker killed at Agnico Eagle’s Fosterville gold mine in Victoria on December 5 was operating a cable bolter about 1.6km underground when he became entangled in the machinery.The death is the 53rd confirmed workplace fatality for 2025 — an increase from the 48 work-related deaths reported at the same time last year.

A contractor working at Agnico Eagle’s Fosterville gold mine in Victoria has died following an underground incident on December 5. An investigation is being conducted in cooperation with local authorities to determine the cause of the incident. Agnico Eagle is working with the contractor to ensure support and assistance is provided to the individual’s family during this difficult time. 

The release of generative AI chatbot ChatGPT in late 2022 marked a turning point in technology as a previously fictional concept became readily available to the public.Though AI as it stands is a far cry from Skynet — The Terminator’s highly-advanced AI hellbent on launching a nuclear attack on humanity — it may still be wise for society to proceed with caution.

WorkSafe Victoria has charged the operator of Ballarat gold mine and a mining services company after a worker died and another suffered life-threatening injuries in March 2024.

The Federal Government has struck a deal with the Greens to pass the Environment Protection Reform Bill 2025, delivering on a five-year mission to reform Australia’s environmental laws.

The Victorian Government has issued Victory Minerals an infringement notice for failing to report a fire for more than two days at its Ballarat gold mine located in Mount Clear.

Yesterday, Australia’s Liberal Party abandoned its policy to achieve net zero — claiming emissions goals are driving up energy prices.