Peabody has abandoned its third lockout of Wambo CHPP workers after the Mining and Energy Union launched urgent Fair Work Commission proceedings challenging the company's latest attempt to lock workers out.
The company has also agreed to pay workers for the latest lockout, along with three earlier days where it refused to accept employees for work.
MEU Northern Mining and NSW Energy District President Robin Williams said the outcome exposed a company that had become more interested in trying to beat workers than bargaining with them.
"This is the third lockout during bargaining."
"Every time Peabody has had a choice between improving its offer or locking workers out again, it has chosen the lockout."
The union challenged the latest lockout on the basis that the company issued another lockout notice almost two weeks after the last employee industrial action happened and no employee industrial action was occurring at the time of notice.
After proceedings were commenced, Peabody withdrew the lockout and agreed to pay the affected workers.
Mr Williams said Peabody's latest strategy had backfired.
"Peabody thought another lockout would pressure workers into accepting less. Instead, it abandoned the lockout and ended up paying the workers anyway."
Mr Williams said the episode demonstrated exactly why Australia's lockout laws need reform.
Just days ago, the Australian Labor Party National Conference committed to changing the law so employers cannot lock workers out for weeks or months in response to industrial action lasting only hours.
"Peabody is exactly why those reforms are needed."
"Workers have spent weeks locked out of their jobs because Peabody chose lockouts over genuine negotiations."
Mr Williams said Peabody had spent more time trying to sell its offer than improve it.
"Peabody has spent more time defending its offer than improving it."
"The company keeps publishing best-case earnings figures. What they never explain is why experienced washery workers should accept an agreement that falls behind comparable operations."
"It's easy to talk about six-figure salaries from a corporate office. It's a different thing to work twelve-hour shifts on a 24 hour roster in a washery and then be told you should accept falling behind the rest of the industry."
Mr Williams said the company's priorities had been obvious throughout bargaining.
"Peabody found the money to give its CEO a 29.4 per cent pay rise. It has found the money for repeated lockouts, lawyers and media campaigns. But when the people who actually keep the washery running ask for an agreement that keeps pace with the industry, suddenly they're told to lower their expectations."
"This dispute isn't dragging on because workers won't negotiate. It's dragging on because Peabody keeps treating every disagreement as something to beat instead of something to bargain."
"Three lockouts haven't delivered an agreement. Maybe it's time Peabody tried bargaining instead."
