Commission has the Power

Two Hunter Valley coal companies have lost a challenge to the NSW Industrial Relations Commission’s power to convict killer companies.

The NSW Court of Appeal ruled there was no problem with the state IRC finding against Coal Operations Australia and Powercoal in relation to workplace deaths.

The companies argued it was unconstitutional for the commission to determine liability in such cases.

CFMEU Mining and Energy National President Tony Maher said it was no surprise the dubious challenges were dismissed.

"These companies have too many dollars and not enough sense," Maher said.

"They should stop pursuing ridiculous legal challenges and let families get on with their lives."

Miners Anthony Carroll and Barry Edwards were killed at Wollarah and Awaba just 11 days apart in 1998.

Coal Operations Australia was convicted of offences in 2004 in relation to Carroll's death and Powercoal was found guilty earlier this year for safety breaches in relation to Edwards' death.

Maher said while the ruling had been the correct one, it was overshadowed by the Howard Government's so-called 'WorkChoices' plan, which would do away with state Industrial Relations Commissions.

"The Government is taking the first step towards abolishing the very body that's convicting employers and holding them to account for their negligence," Maher said.

"Mining companies have been at the forefront of pushing for these news laws and they're going to do whatever they can to lower the standards."

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Last modified: Tuesday, 15-Nov-2005 20:37:36 EST