ABOUT US Australian Resources and Energy Group AMMA provides a unified voice for employers on workforce and other industry matters. AMMA’s vision is to assist resources and energy employers in creating a brighter future for all Australians. A proud member-based organisation, AMMA’s work in policy and advocacy directly ensures positive outcomes for members and the broader industry. Since 1918, AMMA has delivered high-quality and valuable workforce services to Australia’s resources and energy industry. AMMA provides expertise, influence, leadership and support in key workforce areas including workplace relations, human resources, diversity, training, government relations and public affairs.
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AMMA 2019 ACTIVITIES REPORT
AMMA offices ABN 32 004 078 237
MELBOURNE (HQ) Level 14, 55 Collins Street MELBOURNE VIC 3000 Tel: (03) 9614 4777
PERTH Level 15, 191 St Georges Terrace PERTH WA 6000 Tel: (08) 6381 0378
BRISBANE SW1 Building, Level 3, 22 Cordelia Street SOUTH BRISBANE QLD 4101 Tel: (07) 3210 0313
CONTENTS 2 About AMMA 3 AMMA Board 4 President’s Note 6 Chief Executive’s Report 8 Industry Influence 22 Industry Engagement 32 Industry Support
AMMA BOARD AMMA PRESIDENT
DIRECTORS
Richard Owen Upstream Business Development Executive, ExxonMobil
Meg O’Neill Executive Vice President and Chief Operations Officer, Woodside Energy
AMMA VICE PRESIDENTS
Johnpaul Dimech CEO Geographic Regions, Region Chairman, Asia Pacific, Sodexo
Linda O’Farrell Group Manager Fortescue People, Fortescue Metals Group Tom Quinn Managing Director and CEO, Broadspectrum
Francesca Lee Chief Legal, Risk & Compliance Officer, Newcrest Mining Stuart Mathews Executive Vice President Australasia, Gold Fields Australasia Shelley Roberts Managing Director, Compass Group Australia
AMMA 2019 ACTIVITIES REPORT
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PRESIDENT's note
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AMMA 2019 ACTIVITIES REPORT
Richard Owen
AMMA President, EXXONMOBIL UPSTREAM BUSINESS DEVELOPMENT EXECUTIVE
Acknowledging the remarkable feats of employers and employees in the resources and energy industry has been a key focus for AMMA in 2019 and will continue as a trademark well into the future. As we reflect on another successful year for the sector, celebrating and promoting our industry’s ‘people’ success and contribution to the nation has been fundamental to AMMA’s work. Our industry continues delivering enormous and sustained economic benefits to Australia. 2018-19 saw record-high export earnings of $278 billion and $35bn delivered to national revenues through company taxes and resource royalties. This contribution is critical to funding new public infrastructure, government programs and more broadly sustaining the Australian way of life. Further, it shows no sign of slowing down. Over the five years from 2019-2024, export earnings from Australia’s resources and energy sector is expected to total more than $1.5 trillion. Just as important is the impact our industry has on people. As demonstrated through a range of AMMA’s activities, including the Annual Resources and Energy Industry Awards and the features within Resource People magazine, our industry is full of wonderful and inspiring stories related to employment and career opportunities, innovative thinking, health and wellbeing and leadership success. Driving this success is the diverse membership which have entrusted AMMA as their national industry representative. Once again a mainstay of Australia’s economic prosperity, our members’ enormous contribution to Australia’s success further solidifies AMMA’s 101-year-long mission to safeguard the vital role our members play in delivering jobs and prosperity
across our vast country. Central to this mission is AMMA’s range of industry campaigns and projects. Delivering on everything from employee engagement and community messaging through to promoting the sector to the next generation of skilled employees, this suite of activities has added immense value to our membership and generated highly positive outcomes for the sector. As detailed in this 2019 Activities Report, AMMA continues to drive outcomes important to its members. On behalf of the AMMA Board, I would like to thank you for your membership and your support, and engagement with AMMA’s unique offering of services, advocacy, campaigns and projects. This suite of activities not only assists with the daily operation of your businesses, but is raising appreciation of our industry’s contribution and ensures we can continue providing significant benefits to all Australians.
This contribution is critical to funding new public infrastructure, government programs and more broadly sustaining the Australian way of life.
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Steve Knott AM amma chief executive
With purpose and passion the Australian resources and energy industry marches on as the backbone of Australia’s economic and employment prosperity, ensuring a brighter future for all who live in our great nation. As industry investment and growth prospects become stronger, AMMA is immensely proud to assist employers to capitalise on new opportunities and maximise their productivity and competitiveness. Unlocking the countless opportunities that remain possible requires the right policy settings. Being a strong industry advocate to actively pursue important reforms is a key role for AMMA and one we have been delivering for the past 101 years now. Over the past year AMMA continued with an expanded range of support, advocacy and campaigning activities underpinned by our longstanding vision for Australia’s resources and energy industry to be an attractive place for employment, investment and nationallyimportant business activities. On the policy and public affairs front, the first half of 2019 saw AMMA provide valuable briefings and communications support to our members about the possible implications of the Federal Election. Following the re-election of the Morrison Coalition Government, attention has now turned to important and common-sense industrial relations reforms. AMMA has hit the ground running with the 46th Parliament of Australia, advocating on your behalf the merits of a number of important reforms including life-of-project greenfields agreements, flexibility in the awards system, better balance to adverse action and unfair dismissal laws, and improved performance at the national industrial relations tribunal. These priorities and many more, guided by extensive consultation with our members, are critical to lifting the
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AMMA 2019 ACTIVITIES REPORT
competitiveness of Australian workplaces, securing new industry investment, creating more high-paid and skilled jobs, and beginning to set our workplace framework up for the future of work – a future which in our sector means now. More broadly, over the past 12 months AMMA has worked on a range of new campaigns and projects ensuring wider appreciation of our industry’s success amongst the broader community, and to counteract noisy activist voices that attempt to bring our industry down. Such activities support your continued delivery of ongoing prosperity to our nation; reminding the community of our industry’s long-term sustainable benefits and career opportunities and mobilising employees to be more effective advocates for the sector. A good example is the AMMA Bright Future STEM Primary Schools Program. Since its launch only in June, this innovative program will see AMMA and participating members connect with and inspire more than 3,000 schoolkids aged 9-11 years old on the importance of STEM subjects and exciting careers offered by our industry. Other projects have delivered practical toolkits, guidebooks, training and other resources to AMMA members on community messaging / public sentiment research, industry employee engagement
and forecasting for future workforce demands in our sector. And as always, AMMA members across the nation are reassured in the knowledge they have access to the most highly specialised employee and industrial relations consulting support for the resources and energy sector. Our specialist team continues delivering services ranging from site-level training, investigations and dispute management through to highlevel strategic bargaining strategies and support. We are proud to connect members across the entire resources and energy supply chain to collaborate, engage, network and workshop key challenges and opportunities. In 2019 and beyond, AMMA remains responsive in delivering on the vision and priorities identified by our members and advocating for sensible policies that will create a future-ready, fit-for-purpose regulatory environment reflective of highly efficient and productive modern-day workplaces. Thank you for your ongoing commitment and contribution to AMMA as we continue to represent and support our world-class resources and energy sector and all it delivers for Australians through jobs, investment and economic prosperity.
And as always, AMMA members across the nation are reassured in the knowledge they have access to the most highly specialised employee and industrial relations consulting support for the resources and energy sector.
CHIEF EXECUTIVE’S REPORT
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industry influence
Membership with AMMA delivers significant value through our unrivalled ability to connect resources and energy employers with national decision-makers on key policy areas. Through our longstanding reputation as policy experts with a unique perspective of the industry – and deep understanding of employers’ needs – AMMA drives important outcomes and solutions on the workplace-related issues that matter. This influence and support was especially critical in 2019, a year burdened with uncertainty brought upon by a tumultuous federal election campaign, punctuated by one of the major parties seeking a mandate to radically overhaul Australia’s workplace relations system.
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AMMA 2019 ACTIVITIES REPORT
With the election one of the most critical for employers in recent memory, AMMA judiciously prepared for potential changes and ensured employers were ready if an upheaval of Australia’s workplace laws eventuated. Following the Morrison Government’s May re-election, AMMA was instrumental in bringing our members’ priorities for policy reform to the front of the agenda for Australia’s 46th Federal Parliament. In the second half of the year, AMMA engaged at length with Attorney General and new Minister for Industrial
Relations Christian Porter on many key issues relating to the portfolio, including detailed briefings on our industry’s priority reforms. It is these relationships and level of access that opens doors and realises opportunities for AMMA members to ensure their voice is heard by those making critical policy and regulatory decisions. As a conduit for industry to provide practical insights, make evidencebased recommendations and influence real policy outcomes, AMMA’s position as a respected and trusted adviser grows stronger each year.
industry influence
policy & public affairs Advocacy highlights • Advocated members’ priorities and expectations in the lead-up to the 2019 Federal Election, seeking to influence positions of major parties in workplace relations and industry policy areas. • Published and distributed Pathway to Productivity booklet to Australian Government MPs and Senators providing a clear business case for each of the 8 urgent reform areas identified by AMMA members as priorities for the 46th Parliament of Australia. • Published and distributed to government A New Horizon: Guiding Principles for the Future of Work, a unique thought-leadership report advocating longer-term, future-focused reforms to Australia’s workplace relations framework. • Provided submissions and witness evidence before the Senate Education and Employment Legislative Committee on the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019. • Submission to Safe Work Australia’s (SWA) Consultation Regulation Impact Statement (CRIS) in relation to the Recommendations of the 2018 Review of the model Work Health Safety (WHS) laws. • Submission to the Australian Human Rights Commission’s National Inquiry into Sexual Harassment in Australian Workplaces. • Submission to the Attorney-General’s Department discussion paper on Project Life Enterprise Agreements, a long-term priority for AMMA members critical to securing the next wave of resources and energy investment. • Provided case law analysis and written member advice for over 20 workplace relations related decisions of the Fair Work Commission and Federal Court. • Provided significant evidence on the productivity impacts of Australia’s current workplace relations system to the Productivity Commission Review into Resources Sector Red Tape. • Led industry advocacy and strategic campaigns in response to significant adverse decisions of the Federal Court and Fair Work Commission in relation to casual employment, leave calculations and annualised salary provisions in Modern Awards.
Representing AMMA members • National Workplace Relations Consultative Council • Committee on Industrial Legislation • Australian Industry and Skills Committee • Ministerial Advisory Council on Skilled Migration • Seacare Authority • Australian Chamber Workplace Policy Committee
AMMA 2019 ACTIVITIES REPORT
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industry influence
Guiding members through the 2019 Federal Election The 2019 Federal Election was a particularly significant event for resources and energy employers, with the two major parties heavily divided on industrial relations, energy, industry and climate change policy. Unsurprisingly, a significant focus for AMMAs first half of 2019 activities was providing representation, information and analysis to members in the lead-up to the election. Through extensive government relations, presentations at industry briefings and personalised analysis, AMMA ensured members were prepared for the uncertainty and other challenges of an election period with heightened significance for employers. A high volume of membership engagement extended through electionspecific and informative communications, alongside regular member updates and fortnightly News Updates. AMMA expanded its regular engagement and advocacy on several
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key workplace relations issues to prepare and position members for a potential change in government, engaging with key political stakeholders regarding plans for many areas of workplace relations. AMMA also provided a comprehensive Guide to the 2019 Federal Election, supporting members’ planning for all areas of their operations. The 20-page publication contained a summary of major and minor party policies, legislation passed and not passed by the Coalition over the previous term of government, union campaign issues and AMMA’s advocacy agenda for the next term of government The guide formed part of a comprehensive suite of information and support, campaigns, consultation, advisory groups and proactive positioning of AMMA members, in both the lead-up to, and post the 2019 Federal Election.
industry influence
Pathway to Productivity In the wake of the 2019 Federal Election AMMA further refined the industry’s policy priorities and sought to get on the front foot with influencing the 46th Parliament of Australia’s reform agenda. The work of AMMA and our members culminated in Pathway to Productivity, an advocacy publication detailing the eight priority areas of the Australian resources and energy industry for workplace reform. Addressing elements within Australia’s industrial relations system causing significant productivity and competitive impacts, the booklet contained key statistics and business case examples supporting the need for critical change in high priority areas. Such key policy changes are directed towards improving relations between employers and employees, lifting business confidence, encouraging real wage rises and restoring Australia’s reputation as an attractive place to invest and do business.
Based on practical evidence from resources and energy employers, Pathway to Productivity advocates eight key reforms to deliver more productive, competitive and harmonious workplaces:
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Address the rapid decline in enterprise agreement making due to unnecessary complexities and onerous Fair Work Commission approval processes.
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Restore common sense to casual employment and avoid a potential multi-billion dollar cost exposure to businesses small, medium and large.
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Enable life-of-project greenfields agreements to provide industrial certainty to major project investors and encourage the next wave of project development.
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Reform the Adverse Action provisions and remove a growing area of legal complexity and cost, clogging up our courts with vexatious claims and encouraging employers to pay settlements for claims without merit.
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Restore balance to unfair dismissal laws including that employers should be supported in terminating employees found to have breached safety and/or community standards of conduct.
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Improve the performance of the Fair Work Commission through carefully selected appointments, structural improvements and addressing process inefficiencies.
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Pass the Ensuring Integrity Bill to protect members of registered organisations from corruption, unlawfulness and misappropriate use of funds and positions of power.
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Ensuring flexibility in industrial awards is necessary as to not stifle competitiveness and productivity of Australian businesses in the modern, evolving economy.
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INDUSTRY INFLUENCE
Building the case for integrity A major focus of AMMA’s advocacy in 2019 was highlighting the merits of important legislation to restore public confidence in the conduct and operations of Registered Organisations in Australia, through the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019. Since the ‘Ensuring Integrity Bill’ was first introduced in Parliament in 2017, and increasingly following the Coalition Government’s re-election in 2019, AMMA has strongly supported its passage as a key improvement to Australia’s workplace relations system. The legislation contains several key
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AMMA 2019 ACTIVITIES REPORT
measures applying to both registered trade union and employer organisations, including new powers for the Federal Court to deregister and/or disqualify repeat offender organisations and their officials; and the reinstatement of a public interest test for all proposed mergers of Registered Organisations in Australia. By providing written and verbal submissions to the Senate Education and Employment Legislative Committee, and separately to key crossbench Senators, AMMA has strongly advocated to the 46th Parliament its support of these important new measures.
The legislation contains several key measures applying to both registered trade union and employer organisations, including new powers for the Federal Court.
INDUSTRY INFLUENCE
Life-of-project greenfields agreements
Delays in agreement approvals
In October 2019 AMMA submitted a comprehensive argument for the ability for new project (greenfields) enterprise agreements to run the full life of major resources and energy project construction. The submission was in response to a discussion paper on this important reform released by Attorney General and Minister for Industrial Relations, Christian Porter, as part of the re-elected government’s first tranche of improvements to Australia’s workplace laws. ‘Life-of-project agreements’ has been a longstanding advocacy priority for AMMA’s members and is included as one of the eight key issues in Pathway to Productivity to be addressed during this parliamentary term. AMMA has argued since before the Fair Work Act commenced in 2009 that the ability for an enterprise agreement to cover the full length of major project construction would provide critical investment certainty that will assist future multi-billiondollar mega project development. The need for life-of-project agreements was a key feature of AMMA’s submission to the 2015 Productivity Commission review of Australia’s workplace relations system. This proposal was recommended by the Productivity Commission in its final report to government. As a longstanding priority reform for AMMA members, we provided an extensive and detailed contribution to the 2019 discussion paper, presenting a compelling case to the Australian Government for this important reform.
In response to member feedback on the inefficiencies of the Fair Work Commission (FWC), AMMA continued its strong support for a review of Australia’s workplace tribunal. AMMA has regularly highlighted the FWC’s underperformance, including that the reported 2017-18 average agreement approval time of 76 days fell well short of its own 32-day benchmark, despite being given additional resources at the end of 2018. Amid ongoing member concern and frustration regarding the FWC’s performance in timely completing administrative tasks, AMMA advocated at length for important measures to improve its efficiency and provide a better user experience for our members. For example, a fundamental issue in recent years has been the pedantic, overly technical assessment of new agreements by many members of the tribunal. Through formal correspondence and media advocacy, AMMA recommended a review into the performance and processes of the FWC and highlighted how this is urgently needed to address the rapid decline in enterprise bargaining. Under the Fair Work regime, in-term agreements are at their lowest level in more than 20 years, strengthening AMMA’s position in calling for the FWC to take a more practical and timely approach in reviewing and approving agreements.
The decline in enterprise agreement making: • As of March 2019, there were 10,571 in-term enterprise agreements, compared to almost 25,000 in 2011. • In the same period, the number of Australians whose employment is covered by an enterprise agreement has dropped by 500,000, despite an additional 1.6 million people joining the national workforce. • In total only 12% of Australia’s private sector workforce is presently covered by an enterprise agreement.
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INDUSTRY INFLUENCE
Promoting balance in safety regulation Representing members’ views, AMMA provided a strong submission to Safe Work Australia’s (SWA) Consultation Regulation Impact Statement (CRIS) on the impacts of implementing the Recommendations of the 2018 Review of the Model WHS laws (2018 Review). As part of the consultation process, AMMA provided supporting evidence regarding the implementation of the recommendations to assist SWA in evaluating the anticipated costs and
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benefits of amending model WHS laws. There were several areas within the review of significant concern to members in the resources and energy industry which were addressed within AMMA’s submission. Measures opposed on behalf of AMMA members included the recommendation that union officials should be free to enter workplaces to assist a Health and Safety
Further, AMMA resisted changes to the current WHS right of entry regime that would allow unions’ access to workplaces without any prior notice of entry.
INDUSTRY INFLUENCE
Guiding Skills Policy As skills development in Australia and across the globe continues rapidly-evolving, AMMA remained a strong voice advocating for important reforms to ensure employers have access to the people talent required for the ongoing success of their operations. AMMA’s continued role on the Australian Industry & Skills Committee (AISC) ensured employers had a leading voice in representing their firsthand experiences of what is required from Australia’s national vocational education and training (VET) packages and policies. Through collaboratively working with industry and government on reform and development to reflect employers’ needs on skills and training, AMMA’s work with AISC encompasses wide-ranging areas, including future of work considerations and unlocking productivity amid ever-evolving workplaces. AMMA advocated the importance of Australia’s training system providing the skills and knowledge needed to grow members’ businesses, and the wider economy, as confidence is renewed within the resources and energy sector.
Addressing sexual harassment in the workplace
Representative without being required to hold a valid entry permit under workplace laws. Further, AMMA resisted changes to the current WHS right of entry regime that would allow unions’ access to workplaces without any prior notice of entry, and strongly opposed the introduction of an industrial manslaughter offence in workplace health and safety laws. AMMA’s positions are consistent with the broader business community. We will continue to support and advocate for workplace regulation that is appropriate and balanced; delivering real outcomes while not impeding productivity, freedom of association and safety in the workplace.
In March AMMA provided a submission representing members’ views to the Australian Human Rights Commission’s (AHRC) Inquiry into Workplace Sexual Harassment. Amongst its practical regulations to address sexual harassment in Australian workplaces, AMMA recommended the current laws relating to sexual harassment could be streamlined and made simpler and easier for employers and employees to understand and follow. This includes addressing the unnecessary duplication within the current laws. Further, to assist employers AMMA recommended that more support materials, campaigns by influential people and education resources be developed by the AHRC (or other government body/department) to support organisations to train their employees on sexual harassment. AMMA expects over the coming year to play an important role in deciphering and communicating to our members the final recommendations of this inquiry and what it means for industry.
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future of work regulation A New Horizon – AMMA’s vision for the future of work Guiding and supporting policy makers in “future of work” considerations continued to be an increasingly core focus of AMMA’s workplace advocacy in 2019. Central to this has been a report AMMA released in December 2018 and has since been advocating to all stakeholder groups - A New Horizon: Guiding Principles for the Future of Work. This report has sparked a new conversation about the future of Australian workplaces and what is required of an appropriate, productive and supportive regulatory system. The report highlights the only way forward for Australia’s future workplaces is less regulation, fewer restrictions, decentralising workplace relations power away from third parties, and through policymakers resisting the push for intervention and protectionism.
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In the context of future work trends, it details why policy makers must address the nation’s workplace relations system to ensure it is modern and fit for a 21st century economy. The report’s key principles align to AMMA members’ vision for a fundamentally new approach to regulating work in Australia. Released at a critical crossroad for Australia, A New Horizon calls on those with an interest in ensuring Australia remains an attractive place to invest and work, to seize the opportunity to create a new system of regulation fit for a prosperous, productive and competitive future. Much of AMMA’s workplace policy advocacy during 2019 and into the future will be grounded in the significant arguments, analysis and principles detailed within this report.
This report has sparked a new conversation about the future of Australian workplaces and what is required of an appropriate, productive and supportive regulatory system.
INDUSTRY INFLUENCE
Guiding Principles for the
FUTURE OF WORK TO GUIDE FUTURE POLICY MAKING…
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Australia’s approach to future work regulation must be grounded on creating and sustaining high quality, flexible and collaborative job opportunities.
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Australia’s prosperity will depend upon future policymakers rising above present-day politics to create a work regulation system fit for the future.
TO SUPPORT FUTURE WORK PRACTICES…
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Future work practices can be supported through collaboration and skills development, not through protectionism and policy intervention.
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Australia’s approach to regulating work should recognise there is greater individualised skills and less homogeny in the workplace.
TO ALIGN WITH FUTURE WORKFORCES…
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The regulatory framework should align with the trend toward greater individual motivation and direct engagement in the workplace.
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Australia’s work regulation must support greater innovation and flexibility required by the diverse and dynamic workforces of the future.
TO BE COMPETITIVE IN THE FUTURE GLOBAL ECONOMY…
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A globally competitive future work system properly balances workplace protections with productivity and efficiency considerations.
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Australia must facilitate competitive workplace practices to secure and sustain the next wave of major project investment.
TO USHER IN THE NEW HORIZON OF AUSTRALIAN WORK…
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A globally competitive future work system properly balances workplace protections with productivity and efficiency considerations.
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Australia needs simple, balanced and efficient minimum standards that apply across all industries.
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Australia should adopt a multi-tiered approach to work regulation that would free employers and employees in high-income areas from unnecessary regulatory burden.
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Open and flexible regulatory models will be critical to unlocking the opportunities created by the future of work.
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media & communications AMMA IN THE NEWS
Labor urged to detail its industry bargaining plans
AMMA achieved significant levels of media coverage in 2019, underpinning a range of communications strategies to inform and advocate on behalf of members. Several key priorities and positions were strategically driven through wide-ranging media coverage, including key workplace reform advocacy and highlighting the resources and energy sector’s achievements, challenges and opportunities.
Australian Financial Review (6 May 2019)
Industry chokes on Fair Work go-slow The Australian (9 August 2019)
AMMA chief executive Steve Knott explains why enterprise agreement-making needs resuscitation.
Barnaby Joyce joins Labor to urge crackdown on work casualisation and fly-ins SMH (5 Dec 2018)
Bureaucracy gone mad in Fair Work rule The Australian (13 September 2019)
Porter has mandate to restructure workplace tribunal employers
Employer groups push for workplace law changes
AFR (28 May 2019)
Contract stability for staff, industry
Fairfax Media (21 May 2019)
The Australian (16 May 2019)
Nurture STEM to grow more jobs for future
Pressure for Albanese as employers back bill Sydney Morning Herald (14 June 2019)
Kalgoorlie Miner (22 August 2019)
Bosses reject Labor’s IR policy The Australian (15 Jan 2019)
AMMA says there is no justification for Federal Labor’s plan to ban companies from unilaterally terminating enterprise agreements.
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Workforce Forecast Report
Bosses stick the BOOT into Fair Work chief
6PR Radio (17 September 2019)
The Australian (17 August 2019)
AMMA 2019 ACTIVITIES REPORT
Workers Needed For Mini Boom Channel 10 Perth (17 September 2019)
AMMA Director Operations Tara Diamond discusses the 2019-2024 Mining Workforce report and the demand for skilled workers across the next four years.
INDUSTRY INFLUENCE
Buoyant mining sector forecasts 21,000 new workers needed ABC Australia Wide program (17 September 2019)
Prepare for a world of wildcat strikes and union bullying The Australian (9 May 2019)
CFMEU’s election windfall Weekend Australian (13 April 2019)
CFMEU threatens MPs over Adani The Australian (18 Feb 2019)
AMMA Chief Executive Steve Knott analyses the industrial relations implications of the upcoming Federal Election, including the possibility of a seismic shift in the regulation of Australian workplaces.
Shorten’s shake-up for casual workers Sydney Morning Herald (24 April 2019)
Up to 21,000 mining workers needed by 2024 Sky News (17 September 2019)
PM calls for unity in fixing vocational education training The Australian (9 August 2019)
AMMA highlights the need for industry to be better at long-term skills planning, mobility between sectors and not having projects cannibalising each other for critical trades and semi-skilled roles.
Six-step path to reform The Australian (8 July 2019)
Dramatic fall in enterprise agreement delays AFR (21 August 2019)
WA raring to go West Australian (1 October 2019)
AMMA highlights the employment and economic benefits of developing Australia’s burgeoning critical minerals sector.
Resource bosses welcome talk of ‘life-of-project’ agreements Industry QueenslanD (15 May 2019)
IR reform urgent for economy The Australian (8 July 2019)
Let high-paid miners opt out of IR system Weekend Australian (1 Dec 2018)
Labor under pressure over Adani Sydney Morning Herald (24 April 2019)
Mega-deal a lifesaver The West Australian (16 May 2019)
AMMA chief executive Steve Knott welcomes the ALP announcement of lifeof-project agreements, saying they were critical for Australia to secure the next wave of resources and energy projects.
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industry influence
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AMMA 2019 ACTIVITIES REPORT
Social Media influence
Member alerts
AMMA has increased its social media presence significantly in 2019 to support advocacy efforts on key policy developments and share positive industry news. Predominantly through AMMA’s Twitter and LinkedIn pages, social media continued to be an effective platform for AMMA’s communications activities. In 2019, positively promoted industry achievements and contributions, workplace relations advocacy and AMMA event promotion. In addition to utilising AMMA’s company page and achieving record engagement and follower increases, the Chief Executive’s Twitter and LinkedIn pages are increasingly used for key industrial relations advocacy and positive industry promotion.
AMMA ensured members were always well-informed and up-to-date on important developments through semi-regular alerts on key industrial relations developments. Sent directly to inboxes, members received updates detailing guidance for their teams and operations, as well as potential implications, on significant developments including: • Minister’s release of IR discussion papers • ‘Mondelez’ decision on personal leave calculations and appeal proceedings • Fair Work Commission decisions regarding annualised salary provisions in Modern Awards. • Significant analysis and updates on Federal Election announcements. • Updates on important legislative and policy developments that impact the resources and energy sector.
AMMA News Update
Resource People magazine
The AMMA News Update continues to prove a highly valuable source of vital information for members. Provided fortnightly to more than 3000 member company representatives with news and analysis on key industry and workplace issues, the communication keeps members up-todate on key issues including; • Breaking news on industry, economic and political matters • Comprehensive analysis of relevant workplace tribunal and court rulings, highlighting the implications for employers • Analysis of key policy developments and workplace regulations issues • Feedback opportunities for members on key issues and input into areas of AMMA advocacy and representation including parliamentary committee inquiries and government reviews • Announcements and communication of AMMA events and initiatives. Feedback from professionals, managers and executives in the resources and energy industry indicates the News Update is a reliable source of frequent value in delivering information and education.
AMMA’s highly regarded industry magazine Resource People ensures members are ‘in the know’ with the latest developments across policy, human resources, diversity, training and development, innovation and workplace well-being. In 2019, two Resource People editions were published and distributed, focusing on the human side of Australian resources – from the boardrooms of the largest mining corporations to the most remote worksites in the country.
industry influence
Employment Snapshot To assist members in keeping track of key changes to workplace law and regulation, AMMA launched a new information service in 2019 – the AMMA Employment Snapshot, delivering key workplace relations developments to members. Helping to overcome Australia’s fast-moving and often complex workplace relations system, the member exclusive service comes in an easily digestible one-page update, delivered monthly. This compact format neatly captures key legislation and other regulation impacting businesses to help maximise compliance with changing laws and regulation before they come into force, including; • New Commonwealth and State legislation taking effect. • Bills introduced or progressing through Parliament. • Regulatory changes and tribunal / court decisions of significance to your employment practices. • An employer checklist to help members stay compliant.
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industry engagement AMMA membership delivers much more than exceptional support on workplace matters; it is a broad industry network facilitating information sharing, driving industry development activities, promoting the benefits of the sector and celebrating its success. Through ever-effective engagement, AMMA has continued leveraging its position as a trusted industry voice to bring the industry together and broadcast its successes. Whether it’s the feats of our industry’s highly-skilled people, worldleading technological advancements or the economic contribution made to Australia’s prosperity and wellbeing, AMMA has focused on raising awareness among the broader
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community of our sector’s importance to ongoing sustained high living standards in all of Australia. AMMA is now working closer than ever before with employers to achieve positive workplace and industry outcomes. As part of this focus, we’re proud to bring together a community of shared interest, uniting employers to overcome challenges and identify opportunities for growth and development, through regular
engagement, briefings and collaboration to discuss ways to future-proof your workplace and broader industry. With a number of new members welcomed to AMMA in 2019 and retention remaining strong, partnering with AMMA ensures employers are well-positioned to navigate challenges and take advantage of opportunities available from more favourable forecast industry conditions.
The conduit for industry knowledge In 2019 AMMA held a range of widely attended briefings and events across Australia, helping members remain informed on a wide range of topics affecting their business and providing opportunities to strengthen industry cooperation. This regular series of industry briefing events and webinars continue to be highly informative and in soaring demand, delivering value as a standard inclusion of AMMA membership. Delivering a range of important updates to members, AMMA’s workplace professionals travelled to all parts of the country. From Kalgoorlie to Brisbane, a regular series of highly informative industry briefing events and webinars continue to prove beneficial in preparing for the future and staying up-to-date on workplace developments. A range of industry and issuespecific events were held to inform members on challenges and opportunities to ensure members were well-informed on the latest workplace and industry issues.
Access to key policy makers As a dependable partner for resources and energy executives and Australia’s policy-makers, AMMA’s annual Dinner with the Coalition Leadership gave CEO-level representatives direct and unique access to the politicians entrusted with making crucial decisions impacting on Australia’s policy direction. The event is one of many opportunities AMMA draws on its wide network of contacts within Australia’s political community where member companies can impart firsthand knowledge of the challenges and opportunities their businesses are facing. Hosted in Parliament House, Canberra, attendees at this year’s Coalition Dinner heard senior Coalition Ministers speak candidly about key policies and decisions, while opening up the conversation for members to convey their industry observations in a candid and relaxed setting.
AWRA is widely viewed by the resources and energy sector as the respected and effective initiative in delivering real programs and outcomes for boosting women’s participation. Australian Women in Resources Alliance (AWRA) In its seventh year, the Australian Women in Resources Alliance (AWRA) continues to both promote the importance of gender diversity in the workplace, and work with employers on real strategies and programs to lift female representation in their workforces. In 2019, AWRA guided development of AMMA’s new Bright Future Primary School STEM program, which is breaking down the stereotypes of our traditionally male-dominated industry. Regular lunchtime information webinars were also facilitated with gender diversity leaders and innovators from within industry. AWRA is widely viewed by the resources and energy sector as the respected and effective initiative in delivering real programs and outcomes for boosting women’s participation. In 2019 AWRA has not only provided industry-wide engagement and support, but directly assisted several AMMA members on their unique diversity and inclusion journeys.
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INDUSTRY ENGAGEMENT
ADVISORY BOARDS & COMMITTEES
AMMA’s programs, engagement and representation activities are guided by a number of advisory boards and committees, ensuring our members are central to the industry outcomes and support delivered by their national employer group.
The AMMA Board Reference Group (BRG), AWRA Advisory Board and Resources & Energy Mental Health Advisory Board continue to work on their respective 2019/2020 strategies, adding a range of value to industry and broader community through programs well in development. These boards comprise of representatives from member companies with a specific set of skills and expertise to add value to each particular group.
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INDUSTRY ENGAGEMENT
Board Reference Group The AMMA Board Reference Group (BRG) is comprised of senior and experienced workplace relations and human resources practitioners drawn from AMMA member companies in diverse areas of the resource industry. The BRG is a significant advisory group devised to inform AMMA on policy direction to counter challenges and take advantage of opportunities within the industry. Directing and supporting the execution of AMMA’s strategies and direction, the BRG provides significant input to guide AMMA’s support to members through policy and advocacy efforts. The BRG’s objectives include to: • Assist AMMA to identify and assess current and potential workplace relations issues facing AMMA members; • Provide guidance in terms of research and policy development; • Provide strategic input into the development of industry positions on key issues; • Assist with AMMA’s submissions on workplace relations matters; and
• Ensure that AMMA’s policy positions and submissions are developed taking into account as far as possible the views of all the sub-sectors that AMMA represents. AMMA BRG members in 2019 comprised representatives of the following member companies: • Alcoa of Australia • AngloAmerican • Chevron Australia • Clough Limited • Compass Group Australia • ConocoPhillips Australia Pty Ltd • ExxonMobil • Fluor Australia Pty Ltd • Fortescue Metals Group Ltd • Gold Fields Australia • Inpex Operations Australia Pty Ltd • New Hope Group • Newmont Mining Services • Qube • Roy Hill • Santos Limited • Shell Australia • Sodexo • Thiess Pty Ltd • Woodside Energy
AWRA Advisory Board The AWRA Advisory Board comprises senior and experienced human resources and diversity and inclusion practitioners drawn from a broad range of AMMA members. In its third year guiding AWRA’s programs and policies, in 2019 the Advisory Board deliveried on objectives including: • Providing information on relevant updates within their organisations and in the industry;
• Assisting in program development and improvement; • Assisting in setting priorities for the AWRA initiative, including participating in ongoing planning activities; • Advocating for the AWRA initiative; and • Facilitating cooperation and communication between AWRA and the wider community. The programs and initiatives progressed
in 2019 include: • Diversity & Inclusion Benchmarking in the resources & energy industry • Inclusive safety audit • STEM early readers book Companies represented on the board include AngloAmerican, Chevron, Fortescue Metals Group, MMG, Santos, St Barbara, Woodside, Exxon and Professor Bob Woods (University of Technology Sydney).
Resources & Energy Mental Health Advisory Board AMMA’s Resources & Energy Mental Health Advisory Board comprises a range of experience levels across the resources and energy industry, all with a passion for mental health. The board’s objectives include: • Providing information on relevant updates within their organisations and in the industry;
• Assisting in program development; • Assisting in setting priorities for the MHAB, including participating in ongoing planning activities; • Advocating for the MHAB in public; and • Facilitating cooperation and communication between MHAB and their employer.
The Board has also advised AMMA on creating a number of programs/ initiatives including: • Mental Health Matters webinar series • Digital Knowledge Centre Companies represented on the board include St Barbara, Sodexo, Bristow Helicopters, ConocoPhillips, New Hope Group and Michael O’Hanlon (Beyond Blue).
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AMMA GALA DINNER Business and political leaders came together for a night of engagement and entertainment to celebrate the industry and its shining stars at the 2019 AMMA Gala Dinner. The annual celebration continues to grow in popularity and acclaim, crafting a reputation as an unmissable event on the calendar for resources and energy people professionals. Held in Melbourne on 1 August, the Australian resources and energy industry’s annual workforce celebration for 2019 again lived up to expectations and was hailed a huge success by attendees. The night was hosted by popular celebrity MC Shelley Craft, with guests entertained by a performance from acclaimed Soprano singer-songwriter Clara Helms. The dinner offered a unique opportunity for industry professionals to connect and network as the achievements of leading individuals and employers were highlighted through the prestigious AMMA Industry Awards.
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Young Professional Award winner Fiona Forsyth, from New Hope Group (middle), with Tony Nielson, General Manager, Queensland Bulk Handling (left) and Kim Franks, Executive General Manager – People, New Hope Group.
INDUSTRY ENGAGEMENT
Celebrating industry excellence Celebrating the resources and energy industry’s shining stars, the annual AMMA Industry Awards recognised workforce excellence in the sector. Held in Melbourne and coinciding with the AMMA Gala Dinner, the awards were presented in front of more than 300 industry and political leaders. The calibre of this year’s recipients again highlights the individuals and organisations across our industry are setting the benchmark, not only in our sector, but Australia-wide, for their initiatives and programs. Across five categories covering all key workforce-related areas of the industry, the awards celebrate leadership, innovation and excellence in the sector.
Held in Melbourne and coinciding with the AMMA Gala Dinner, the awards were presented in front of more than 300 industry and political leaders.
2019 AMMA Industry Award winners Contractor Workforce Excellence award Pilbara Resource Group
AR Richard
Workforce & Workplace Relations Innovation award (sponsored by Sodexo) Fortescue Metals Group Health & Wellbeing award Compass Group (Australia) Diversity & Inclusion award (sponsored by Heathgate Resources) Fortescue Metals Group Young Professional award (sponsored by ExxonMobil) Fiona Forsyth from New Hope Group
2019 AMMA LONG MEMBERSHIP RECIPIENTS 15 year: Superior Energy Services, Incitec Pivot 30 year: Subsea 7 Australia Contracting, Fugro Holdings (Australia) 35 year: Newmont Goldcorp Australia, Byrnecut Australia, Atlas Professionals
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2019 INDUSTRY CAMPAIGNS & PROJECTS In 2019 AMMA has pursued an ambitious and highly successful suite of industry campaigns and projects, expanding our remit beyond AMMA’s traditional strengths in workplace relations to deliver exceptional value in the areas of social performance, community, employee engagement and more.
Industry Employee Engagement Leveraging the trust and pride employees have with their employers and the industry in which they work has been identified as a powerful and underutilised tool for combatting antiindustry activism and lifting community perceptions about an industry. Responding to this global development, AMMA has created and delivered to its members unique new resources centred on ‘Industry Employee Engagement’. Industry Employee Engagement is the process in which an individual becomes personally involved and invested in the reputation and contributions of the industry in which they work. This concept complements and extends traditional employee engagement strategies which see individuals invested in the success of the individual company for which they work. Working with the peak body for the oil
and gas industry, APPEA, in early 2019 AMMA delivered its first Industry Employee Engagement Toolkit for employers in the oil and gas sector. Delivery of this toolkit was followed by informative one-day training workshops, delivered by AMMA trainers, on the concepts and methods of this new approach. Later in the year, a similar resource for mining and services employers
was distributed, followed by various training scheduled over the final quarter of 2019 and into 2020. With both versions of the toolkit and training delivered to AMMA’s members in various sectors, the concept of Industry Employee Engagement is being learned and applied right across Australia’s diverse resources and energy industry.
THE WHAT, WHO AND WHY
WHAT engages people in the company and industry they work.
WHY is the purpose, reason or role of the individual, company and industry.
oach Using a constructivist approach to enable and empower our people and communities.
WHO is the sense of belonging, the family, colleagues and community.
Activating the people, families, supply chain y. and communities within the industry.
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The strategic narrative: “why I do the job that I do, and why the industry I am part of is . relevant and important”.
WHAT
engages people in the company and industry they work.
WHO
is the sense of belonging, the family, colleagues and community.
WHY
is the sense of belonging, the family, colleagues and community.
INDUSTRY ENGAGEMENT
Community Messaging Guidebook
Forecasting future workforce demands
Another invaluable resource delivered to AMMA members in 2019 was the AMMA Community Messaging Guidebook. Complementing our members’ own social performance activities, this guidebook is assisting AMMA members with countering anti-industry activism and addressing negative sentiment amongst the community through positive and collaborative communication strategies. To complement and provide a point-of-difference to existing surveys and research, AMMA commissioned qualitative focus group studies around five key issues impacting community sentiment towards the industry: climate change, jobs and employment, regional benefits, land and water, and economic contribution. Each of the focus groups, conducted across Australia, saw different styles of messages on each key issue tested for effectiveness in moving sentiment and changing the conversations amongst participants. Key observations, strategic outtakes and feedback from this research is provided in the guidebook, along with examples of effective messaging assisting with mitigating outrage and moving opinions. The insights from this project have added significant value to resource and energy employers as we further our industry’s contribution to Australia and strengthen our bond with the community.
With Australia’s resources and energy industry facing new workforce demand at levels not seen since the previous peak investment and construction period, securing the pipeline of skills to support project growth is a significant challenge that must be met head-on, collaboratively, by industry and government. Supporting this, in September AMMA launched the first volume in our new industry employment forecasting initiative. 2019 - 2024 Mining Workforce forecasts that 57 new or expansion developments, worth about $41 billion in value, will create an additional 20,767 on-site workforce demand by 2024. Using a number of modelling techniques provided and/or verified by AMMA members, a further breakdown was provided on the estimated labour demand into key occupations including trades, operators, engineers and supervisors. Benefits of AMMA’s workforce forecasting initiative include: • Informing industry of expected growth in operational mining workforce demand and thus assisting employers with workforce planning strategies; • Informing government of expected growth in the national mining workforce, including where shortages may emerge, to help direct VET reforms and other skilling initiatives; and
forecasts that 57 new or expansion developments, worth about $41 billion in value, will create an additional 20,767 onsite workforce demand by 2024. • Promoting to the nation broadly, including regional communities, jobseekers and school leavers, exciting and sustainable career opportunities within our industry. The first volume of the hydrocarbons workforce forecast is scheduled for delivery in November 2019. Subsequent reports for both construction and production phase workforce requirements are planned for 2020.
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INDUSTRY ENGAGEMENT
Bright Future STEM Primary Schools Program Responding to the need for industry to nurture the next generation pipeline of skilled employees, AMMA proudly launched the Bright Future STEM Primary Schools Program in 2019. Bright Future STEM promotes the industry to primary school students aged 9-11 years old through a combination of hands-on, interactive activities and industry role model presentations – all based around STEM (science, technology, engineering and maths). In 2019 the program has engaged young Australians in the benefits and contribution of our industry, whilst raising awareness of the exciting and sustainable career opportunities offered by AMMA members. Feedback from schools involved indicates a strong level of engagement and positive response amongst primary school students. In particular, the program effectively piqued interest in the rewarding and diverse careers offered in the sector and the importance of the STEM fields. With support from a number of participating AMMA members, the Bright Future STEM Primary Schools program will visit a dozen schools in 2019 – all across Australia, everywhere from Middlemount to Cobar and Kalgoorlie – reaching over 3000 students. Following great success this year, the program will be significantly expanded in 2020. AMMA thanks the following member companies for their assistance,
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contribution and enthusiasm in participating in this invaluable program: • Sodexo • Gold Fields • Broadspectrum • CSA Mine (Glencore) • Peak Gold Mine (Aurelia Metals) • St Barbara • Thiess
• McDermott • KCGM • Newmont • Newcrest Mining • ExxonMobil Australia • MMG • Anglo American • New Hope Group
INDUSTRY ENGAGEMENT
2020 Projects & Campaigns In 2020 AMMA will continue the momentum behind its successful suite of industry campaigns and projects, focusing on further building on the resources and energy industry’s community goodwill and developing the future talent pipeline of skilled and capable employees. Areas of focus will include: • Expanding the Bright Future STEM Primary Schools program significantly, reaching at least 10,000 students in 2020. • Building on the research findings and practical tips in the Community Messaging Guidebook through aligned strategies and campaigns for increasing positive sentiment amongst the community. • Broadening the member training schedule on Industry Employee Engagement to ensure AMMA members have access to this effective new technique. • Producing regular workforce forecasting reports to keep members up-to-date on the latest project and employment growth estimates. • Launch a resources and energy sector employment podcast, bringing members interesting and unique content related to their people priorities. • Run a Bright Future Resources & Energy Careers social media campaign, ensuring key demographics of Australians are turning their minds to the opportunities available in the resources and energy industry.
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industry SUPPORT
As members scale up to adapt to changing operating environments and external pressures, AMMA’s specialist industrial expertise and industry perspective offers highly sought-after transformational support. Tailored specifically to the resources and energy industry, AMMA’s delivery of high level strategic and operational advice across workplace relations and human resources continues to be in high demand for members around the nation. Equipped with wide-ranging ‘people’ expertise, in 2019 AMMA’s workplace experts guided members through new opportunities and assisted in adopting best practice strategies to overcome industry and operational challenges. Drawing on unrivalled, hands-on experience and industry knowledge, AMMA’s specialised consulting team collaborated and integrated with members and their teams to manage potential risks and deliver a range of workplace solutions.
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Our intimate knowledge and understanding of what businesses need from Australia’s national employment framework continued to position them with the flexibility to implement productivity-boosting measures and develop the skills necessary within their ‘right-sized’ workplaces. Irrespective of project phase, AMMA’s expert team was always at the ready to provide invaluable support to people strategies. Amid a period of renewed confidence for the sector – and with a wave of new opportunities ready to be unlocked through slated workplace reform – AMMA provided seamless and agile support and advice, in a range of forms to suit your business
needs, including: • Formal advice • Short-term solutions • Ad-hoc or project-based activity • Strategic planning processes and workshops • Supplementing internal resources via on-site or head office secondments Working alongside your team to develop long-term relationships and deliver ongoing value to your workplace, our team’s expertise guided employers thorough the highly complex, multi-layered maze of legislation and regulation. As the resources and energy industry’s own employer group, AMMA continued building on its trusted reputation as an organisation achieving the best outcomes for your workplace.
INDUSTRY SUPPORT
driving effective bargaining solutions AMMA’s experience and expertise in driving effective bargaining strategies continued to be in high demand for members in 2019. Representing the needs of organisations across the industry, our comprehensive understanding of the legislative framework governing enterprise bargaining delivered practical and important outcomes for members. We take pride in guiding employers to successfully achieve sustainable enterprise agreements, navigating them through what can often be a daunting experience. AMMA’s technical knowledge also supported members through a wide array of challenges throughout the bargaining process, such as the Fair Work Commission’s inefficiency in agreement approvals. Our expertise equipped organisations and representatives with the skills, knowledge and capability to bargain effectively. AMMA’s ability to collaborate with members and offer support through every step of the bargaining process has proven invaluable to members in overcoming complexities and delays.
We take pride in guiding employers to successfully achieve sustainable enterprise agreements.
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industry support
Developing workforce capability
Major project support
AMMA’s customised training offering continued to build members’ capabilities in specific workplace areas. Through designing and delivering specific training and workforce development courses that best suit your business objectives, AMMA’s training is tailored to offer support where you need it – on-site, online, at your offices, or our facilities. As businesses prepare for the future and manage complex workplace challenges, members’ appetite for AMMA’s training services continued to grow, imparting industry ‘know-how’ to benefit operations in managing risk and upskilling its people in critical workplace areas. In 2019 AMMA’s training has branched
Delivering workplace relations consulting expertise and support to every part of Australia as well as member operations in New Zealand, AMMA has enhanced its hard-earned reputation as a truly national organisation. Through support to organisations of all sizes, and projects big and small, AMMA’s industry knowledge and understanding is driving important outcomes across members’ nationally significant major resources and energy projects around Australia. From onshore mining operations to oil and gas developments both on and offshore, AMMA’s support and expertise has benefitted operations including: • Queensland Curtis Island LNG • Bass Strait Oil and Gas • Cooper Basin • Carmichael Coal Mine and Rail Project • Eloise Copper Mine • Clermont Mine • Oaky Creek • Kestrel • Isaac Plains • Prelude FLNG • Karratha LNG • MMG – Congo Operations • Darlot • Agnew • Greenbushes • Paddington • KCGM Super Pit • Raleigh & Kanowna Belle • Murrin Murrin • Mt Weld • Nifty • Gruyere • Ichthys • Gorgon
out to include professional development opportunities through its ‘Calendar Courses’ series, offering efficient, highly-practical industry-specific content relevant to members’ organisation in one day sessions in areas including: • Appropriate Workplace Behaviours • Workplace Relations 101 • Performance Management, Discipline and Termination • Managing Workplace Investigations • Bargaining Basics • Right of Entry • Supervisor Skills Through step-by-step guidance, AMMA’s training continued developing workforce skills and boosting members’ understanding of important workforce areas.
With vital expertise in navigating complex investigations and delivering positive outcomes for employers, AMMA’s reputation as a leader in this niche field was further enhanced in 2019.
Independent workplace investigations Members are increasingly seeing value in AMMA’s workplace experts being deployed to successfully manage organisational risk by undertaking investigations into a range of workplace matters. Drawing on extensive knowledge in managing investigations into matters including bullying, sexual harassment and other inappropriate workplace
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behaviours, AMMA has a proven record in achieving results while ensuring due diligence processes are adhered to within complex investigations. With vital expertise in navigating complex investigations and delivering positive outcomes for employers, AMMA’s reputation as a leader in this niche field was further enhanced in 2019.
INDUSTRY SUPPORT
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leading industry response strategies In 2019 a number of high profile and contentious industrial relations developments created new areas of risk and uncertainty for employers. Across these issues AMMA has been a pillar of support, assisting members in ascertaining their risk exposure, communicating ongoing developments and updates, and leading the industry’s strategic responses. Annualised Salary Provisions A significant issue for AMMA members arose from the Fair Work Commission’s decisions in its 4 Yearly Review – Annualised Salaries Case. The decisions saw the FWC determine that existing annualised salary clauses in several awards (including the Clerks, Mining and Hydrocarbons Awards) would from March 2020 be replaced with far more prescriptive clauses that will impose a
major regulatory burden on employers. AMMA’s response on behalf of members involved providing advice and support to members through briefings, committee meetings, member circulars and fact sheets. Further, AMMA coordinated the development of possible appeal proceedings by building support amongst the membership as well as other business representative groups.
Casual employment issues Throughout 2019 AMMA continued to assist industry with the fallout from the contentious 2018 Full Federal Court decision (WorkPac v Skene) that determined an employee’s patterns of work were more important in determining their employment status than their signed employment contract. Effectively overturning this decision and restoring the longstanding understanding of casual employment remains one of AMMA’s key reform priorities for the Australian Government. AMMA was the first industry representative group to lead employer advocacy on the case, and as implications for other industries and the broader economy became apparent, other industry groups have joined in calling for certainty on the way forward. AMMA and other industry groups are broadly united in seeking amendments to the Fair Work Act that would clarify the definition of casual employment and thus mitigate the risk of potentially widespread litigation testing this determination in other workplaces or sectors.
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Further, through effective advocacy AMMA helped ensure a regulation that allows employers to offset any orders for back-paid entitlements with casual loading already paid, was retained in the face of a challenge by the Federal Opposition.
AMMA and other industry groups are broadly united in seeking amendments to the Fair Work Act that would clarify the definition of casual employment and thus mitigate the risk of potentially widespread litigation testing this determination in other workplaces or sectors.
industry support
Personal leave uncertainty In response to another controversial decision of the Federal Court of Australia, AMMA was a strong voice in urging the Australian Government to appeal a decision that effectively overturned the longstanding practice for calculating personal leave and which would lead to significant inequities for different groups of employees. The decision in Mondelez v AMWU found the National Employment Standards required all employees to be provided with enough personal leave to allow them to take 10 days of personal/ carer’s leave per year, irrespective of how many hours they work each day. In effect, this decision would provide employees working long shifts and/or industry-specific rosters with far greater leave entitlements than those who work a standard 38-hour week. With far-reaching implications for realworld employment practices across the broader economy, AMMA immediately ensured our members were aware of the decision and could begin undertaking risk assessments. AMMA was later instrumental in convincing the Australian Government Attorney General, a party to the original decision, to appeal the decision to the High Court. We will continue to advocate for a sensible outcome in this area into 2020 with the appeal pending.
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INDUSTRY SUPPORT
Offshore Alliance In 2019 AMMA has led the industry response to a concerning new union strategy in the offshore hydrocarbons sector – that being the formation of the AWU-CFMMEU “Offshore Alliance”, seemingly allowing the unions to circumvent traditional coverage rules in their organising activities. Early in the year AMMA intervened in a right of entry application by the AWU seeking entry permits for two wellknown longstanding officials of the CFMMEU Maritime Division. Among its arguments, AMMA contended that the AWU had not established a true employment relationship with the proposed permit holders and neither of the organisers
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were fit and proper persons to hold a right of entry permit. Despite agreeing with much of AMMA’s argument and also finding misrepresentations were made by the officials to offshore employees, the Fair Work Commission ultimately granted the permits. The decision demonstrated that many of the concerns of employers operating in the offshore resources industry about the legitimacy of the arrangements and related compliance issues were entirely justified. Ensuring union strategies in the offshore sector comply with their own coverage rules as well as the provisions of the Registered Organisations Act will remain a focus area for AMMA in 2020.
Early in the year AMMA intervened in a right of entry application by the AWU seeking entry permits for two well-known longstanding officials of the CFMMEU Maritime Division.
INDUSTRY SUPPORT
THE AMMA WORKPLACE CONSULTING TEAM Ben O’Brien
Leyla Sandeman
Head of West Coast Workplace Relations
Head of East Coast Workplace Relations
Simon White
Peter Cooke
Principal Workplace Relations Consultant
Principal Workplace Relations Consultant
Peter Robertson
Tony Bradford
Principal Workplace Relations Consultant
Principal Workplace Relations Consultant
Toni Austin
Autumn Fueerheerd
Workplace Relations Practice Coordinator
Workplace Relations Consultant
Katie Jacklin
Tony Caccamo
Workplace Relations Consultant
Contract IR Consultant
Alex White
Maggie Wu
Legal Research Clerk
Legal Research Clerk
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