In a ‘first of its kind’ test case before the newly established FairWork Australia, the two days initially set down for the hearing have been taken up entirely by evidence from six of the affected workers and two union delegates.

Secretary of the CFMEU Ulan Underground Lodge Andrew Honeysett said the matter that commenced before Commissioner Raffaelli would need to be adjourned to enable Xstrata officials to give evidence.

“CFMEU Underground Lodge President Wayne Small and Vice President Craig Carberry gave evidence today (Thursday) supporting the dismissed workers,” Mr Honeysett said.

“They were cross-examined (thursday) afternoon but there was insufficient time for Xstrata to give evidence in the time set down.”

Mr Honeysett said the Xstrata Western Area operations manager Dan Clifford and Ulan Mine manager Murray Wood were both present for this week’s proceedings.

The unfair dismissal action was set in progress after Xstrata retrenched a number of mine workers in August.

Ulan mine workers staged a peaceful demonstration march through the streets of Mudgee on August 26 to protest the mine’s action.

At a rally in Lawson Park after the march, south west district president of the CFMEU Wayne McAndrew told miners the union would not spare any resources to “sort out the problem at Ulan”.

At the time Mr McAndrew said the Ulan coal mining industry was “doing very nicely thank you very much” and Ulan was on track for a “$150 million profit this year”.

He said the union would challenge the redundancies as they “were not true redundancies”.

“We will support you until we get a successful resolution,” Mr McAndrew vowed.

Commenting on the claims that employed miners had been replaced by contract workers, Xstrata spokesperson James Rickards said this was

“sheer speculation”.