Labor is Asleep at the Wheel When it Comes to Illegal Immigration

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I questioned Home Affairs about the detainees released into the community. As many as 149 detainees have been released and none have been returned to immigration detention. Home Affairs is unaware if any have been arrested for crimes in the states and territories. 113 are being electronically monitored.

A list of 26 visa conditions have been imposed on these people to maximise the safety of the community, such as curfews and notification of changes to addresses. None have a history of terrorism. There are a number of prosecutions already underway regarding the release of these detainees, brought about as a result of the high court decision.

The government has made zero effort to lock any of the detainees back up, despite rushing through emergency legislation last year. 24 detainees have committed offences in the Australian community as a result.

Transcript

Senator ROBERTS: This is in regard to the High Court decision releasing detainees. How many detainees have now been released from custody due to the High Court decision? 

Ms Foster : It is 149. 

Senator ROBERTS: How many of those released detainees have been returned to custody? 

Ms Foster : None have been returned to immigration detention. The question of custody is a different matter where there are offences that might put them into the state and territory system. 

Mr Outram : That being the case, I don’t have that information, because the states and territories, of course, are responsible for arrest, charge and prosecution of state-based offences. I would need to check and take on notice whether we were aware of any cases where, for example, somebody may have been charged and bail refused. Off the top of my head I don’t have that information with me, but I’ll take it on notice. 

Senator ROBERTS: How many of the released detainees are being closely monitored, and in what circumstances are they being monitored? 

Ms Holben : Of the current cohort, 113 are being electronically monitored. 

Senator ROBERTS: Remotely monitored? 

Ms Holben : Electronically monitored. 

Senator Watt: Am I right that there are other forms of monitoring that are occurring as well? 

Ms Holben : That’s correct. Within the visa itself there are 26 conditions. One of those conditions is that a person could be monitored by an electronic device. There are other conditions that are placed on the person which entail reporting, in terms of daily reporting to the department, also notifying a change of address and circumstance. There are 26 conditions that are imposed on this particular cohort. 

Senator ROBERTS: Is it possible to get that list and the conditions under which each are applied? 

Ms Holben : Yes, we can do that on notice. 

Senator ROBERTS: We have seen the minister acknowledging the gravity of the situation, but how safe is the Australian community from immigrants with a known history of terrorism or criminal activity? 

Ms Foster : This cohort does not relate to anyone with a terrorist history. You have just heard the ABF describe the regime, which is designed to maximise protection of the community, of those people that the High Court decision required us to release. 

Senator ROBERTS: I understand that. But my understanding is also that the states have prosecuted at least three. Is that the case? Or arrested at least three? 

Mr Outram : There are a number of cases— 

Senator ROBERTS: You’ll take it on notice, I assume. 

Mr Outram : I will take it on notice. Again, the states and territories are running prosecutions. They may decide to drop the case. There will be different stages. We will take it on notice. 

Senator ROBERTS: That’s what I was referring to. You’ve already taken it on notice. I’m not expecting you to know the details, but how safe is the Australian community from immigrants with a known criminal history? Are you monitoring them? 

Ms Foster : If we are speaking about the cohort that had to be released as a result of the High Court decision, the process that the commissioner and the deputy commissioner have been describing is all about putting in place conditions to maximise the safety of the community. And that goes to the sort of things that they were talking about, restrictions on their visa, monitoring— 

Senator ROBERTS: How confident are you that people are safe? 

Ms Foster : We are putting all of the elements in place that are within our power legislatively to provide for community safety. I’m very confident that we are doing all we can. 

Senator ROBERTS: Do you need any additional legislative powers? 

Ms Foster : Not at this time. 

Senator Watt: Can I just add—I don’t know if you were here when we talked about this—many of the actions that are being taken to protect the community, for example installing electronic bracelet or a curfew or something else like that, those decisions are being made on the recommendation of the Community Protection Board, which includes former police commissioners and corrections commissioners. We have attempted to ensure that the community is well protected by seeking the advice of people with a vast amount of experience in this space. 

Ms Foster : And draws very heavily on state and territory law enforcement agencies, for whom this is their bread and butter. 

Senator ROBERTS: So you meet with them, listen to them and involve them in the process? 

Mr Outram : The day after the High Court decision was handed down, the law enforcement coordination group was stood up, which is each state and territory police force or service with the Australian Federal Police and ourselves, walking through these cases weekly, pushing information to each other about these cases so if circumstances change, because of course some people may be subject to state and territory regimes—reporting regimes, parole requirements, bail requirements, domestic violence orders, those sorts of things. So there’s a combination of controls, not just the controls that we apply at the Commonwealth level. We also, of course, refer offences under the Migration Act to the AFP for investigation. But that coordination between states and territories and the Commonwealth is really important. It adds another layer of protection for the community. 

Senator ROBERTS: So immigration—federal—is responsible for it, and law enforcement and states are responsible. I get that. 

Mr Outram : We’re sharing the effort here because there are a whole range of different laws, powers and regimes that intersect with each other. 

Ms Foster : The mechanism that the commissioner established and is running ensures that things aren’t dropping between the cracks—that we are making sure that we know what effort needs to be applied, whether that needs to be by state or territory or by the Commonwealth, and we’re talking about it and sharing information relating to it. 

Senator ROBERTS: Going to the root cause, Ms Foster, what vetting was done of each of the released detainees to determine their risk profile when living in the community? 

Ms Foster : The High Court decision required us to release the affected detainees as soon as we formed a view that that release was legally necessary. The process that then was established was the one that the commissioner has been describing, which is to provide all of the information we have about those individuals who were required to be released to state and territory counterparts so that appropriate risk could be put in place and also so that visa conditions could be imposed, which would give the highest possible level of assurance of safety to the community. 

Senator ROBERTS: Has there been any review of the immigration vetting in the first place? 

Ms Foster : If you mean the granting of the visas— 

Senator ROBERTS: Yes. 

Ms Foster : We have been looking at our system end to end to make sure that we are looking at every touchpoint so that we can prevent having people who are going to cause risk. It may be that there are ways that we can relook at, say, the granting of visas in particular cohorts or cases. 

Senator ROBERTS: That’s what I was getting at. 

Ms Foster : So we’re looking at, as I said, the whole process. 

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The Decade-Long Scam Robbing Some of Our Miners

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By Robert Gottliebsen | The Australian

Before being elected to the Senate, Malcolm Roberts was a coal miner, following in the tradition of Australia’s sixth Prime Minister Joseph Cook.

Some five years ago, a small group of coal miners came to Roberts telling him they believed they were not being paid correctly — but they couldn’t work out what was wrong.

At the time, Roberts had no idea he was on the edge of uncovering what he calls a “scam” which has the potential to be Australia’s largest ever wage underpayment scheme.

Read more of the article here: Robert Gottliebsen: Miners underpaid by strange legislative loophole | The Australian

See all material on this issue

Casual Coal Wage Theft

Related Parliamentary Speeches

Labor are Not the Party of the Workers
Exposing the Permanent-Casual Rort
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WEF Control of Money — “The party seeks power purely for its own sake” (George Orwell, 1984)

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The World Economic Forum is not just an economic ‘think tank’. It isn’t just some bizarre entity that tries to insert itself into our lives with rules about how often we wash our jeans, drive our car, or eat red meat.

It’s the mouthpiece of the unseen hands manipulating world events.

All WEF vassal states, including Australia, are working on central bank digital currencies (CBDC) while simultaneously closing bank branches, eliminating cash and negatively influencing independent crypto currencies. By manipulating the price of Bitcoin (pump, dump, repeat), the unseen hand destroys trust in the non-CBDC. Explicitly, these governments are doing to nothing to protect or regulate crypto because the want private crypto currencies to fail.

How does this affect you? CBDCs are the ultimate control tool for governments. Censorship of free speech using misinformation laws is even more easily achieved when people’s finances are tied to a digital currency controlled by the government. A government promoting a dystopian future.

One Nation stands strongly opposed to the Labor party, the globalist Liberals and Greens promoting this dystopian future and coveting the power that comes with it. The choice for voters is clear.

Transcript

A popular quote reads: ‘Who controls the food supply controls the people. Who controls the energy can control a whole continent. Who controls money can control the whole world.’ Only the ignorant could possibly look at the world as it is in 2024 and think, ‘Nothing to see here.’ Farmers who are having their land confiscated under net zero measures are spraying effluent at politicians. Immigrants complaining about their handouts are causing violence across the West, including in our own Queensland communities. Anyone who sees our stagnant national wealth growth being divided among 10 million more people over the last decade knows there is less for everybody. Apparently no-one, having done the sums [inaudible], can deny this. War has broken out in multiple locations, and the mainstream media are doing their best to fan those flames into a third world war. 

The unseen hands that guide these world events have shown themselves via their mouthpiece, the World Economic Forum. Yesterday, I spoke of how the World Economic Forum was trying to control the world’s food and energy supply. Today, it’s the third element of the doctrine of global control: money. At the recent World Economic Forum Davos meeting, Christine Lagarde, head of the European Central Bank, announced a digital currency for the European Central Bank to ensure they remain the anchor of the European financial system to protect their power and control over money. All World Economic Forum vassal states, including Australia, are producing a central bank digital currency while at the same time closing bank branches, eliminating cash and manipulating nongovernment crypto. By 2030, the only payment mechanism will be their own digital currency and digital ID. It’s control of money. 

Then there’s a final element: a set of misinformation and disinformation laws that will ensure any attempt to speak as I am speaking here today will result in having my digital ID and digital currency turned off for misinformation. The ALP, globalists, the Liberals and the Greens are promoting this dystopian future, coveting the power that comes with it. One Nation stands strongly opposed. The choice for voters is clear. 

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More Hypocrisy From the Greens

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I was unable to conclude my speech on the Green’s Motion regarding the age of criminal responsibility, which is why the video was cut short. You can read the rest of the speech below. I hope my speech sheds some light on the complexities surrounding this issue.

I spoke against Greens’ Senator Shoebridge endorsing the Australian Capital Territory’s increase in the age of criminal responsibility from 10 to 12 years of age and then in 2025 to the age of 14. It’s perplexing to see the Greens suggesting that a child under the age of 14 is not mature enough to be held accountable for their actions.

Caring for and loving children must encompass instilling in them a senses of responsibility. Failing to hold children accountable for their actions and the consequences does them a disservice.

The Australian Capital Territory is not alone in taking action to increase the age of criminal responsibility. The Northern Territory and Tasmania took similar steps.

For the Greens, age is a problematic concept. In ‘Greens Land’, a child of 13 is deemed incapable of legal responsible for their actions, yet is expected to be mature enough to make significant life decisions regarding gender identity and sexual activity. This disparity underscores a problematic viewpoint which encourages children to engage in activities deemed “mature” by Greens’ standards, yet are shielded from the responsibility that accompanies their actions should they break the law.

Transcript

As a servant to the many different people who make up our one Queensland community, I speak against Senator Shoebridge’s motion endorsing the ACT’s recent increase in the age of criminal responsibility from 10 years of age to 12 and then, in 2025, to 14. Care for children starts with love, and part of love is responsibility. It is not being kind to children to not be responsible. The Australian Capital Territory is not the only jurisdiction taking this action. The Northern Territory recently increased the age of criminal responsibility to 12. Tasmania increased the minimum age for detention to 14. For the Greens, age is a problematic concept. They just don’t seem to understand that care involves responsibility. In a ‘Greens land’, a child of 13 cannot be held legally responsible for their actions. Yet a child that age can choose their gender, change their gender and read instruction manuals in adult sexual practices years before they are legally old enough to engage in that activity. Indeed, in ‘Greens land’, a child of any age can do those things. A 10-year-old can. An eight-year-old can. 

It’s perplexing to see the Greens suggesting a child under the age of 14 is not mature enough to be held accountable for their actions. This issue comes down to a simple legal principle: do they know the distinction between right and wrong, and can apply that distinction to their own actions? As long as there is no factor other than age that impacts on their capacity, they are criminally liable. Those factors could include autism, fetal alcohol syndrome or drugs. There’s merit in the idea that a child of that age is better diverted than convicted. I’ll say that again: there is merit in the idea that a child of that age is better diverted than convicted. I agree that diversion programs should be the first option for any child coming to the attention of the police or the courts. I have issue with children being held accountable for the sins of the parents, and so many of the children that come to the attention of law enforcement at this age are there because their parents have failed. There must be a point, though, where the person is responsible for their own actions. A young person can use a bad start as an excuse for the rest of their lives, or they can use a bad start as motivation to succeed. I’ll say that again: a young person can use a bad start as an excuse for the rest of their lives, or they can use a bad start as motivation to succeed. This legislation allows the excuses. One Nation supports helping a child succeed. Karly Warner, the CEO of the Aboriginal Legal Centre (NSW/ACT), made the following comment on the legislation: 

“In the extremely rare instances when a child does something seriously wrong, it’s because they’ve been let down and need our help. By failing to raise the age to 14, the Australian Government is failing Aboriginal children, who are over-represented at every stage of the system, from police to court to prison. The ACT imprisons Aboriginal children at 12 times the rate of non-Indigenous children. 

It’s Aboriginal kids … 

[Debate interrupted]

 

Complete Speech on Criminal ResponsibilityDownload

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Coal Mining Wage Rip-Off report

Senator for Queensland, Pauline Hanson’s One Nation Party c/ AUSPIC

This report details extensive calculations that demonstrate casual coal miners across the Central Queensland and New South Wales Hunter Valley districts are being ripped off on average $30,000 a year of potential earnings under enterprise agreements negotiated by the union.

This report was summarised in a speech to the Senate here.

Coal-Miners-Wage-Theft-V1-6-February

Download/Print: COAL MINERS WAGE THEFT (malcolmrobertsqld.com.au)

Calculation workbook: Award Calculations.xlsx

Enterprise Agreements

Chandler Macleod Queensland Black Coal Mining Agreement 2020

Corestaff NSW Black Coal Enterprise Agreement 2018

FES Coal Pty Ltd Greenfield Agreement 2018

Tesa Group – Enterprise Agreement 2022

Workpac Coal Mining Agreement 2019

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Smart Meters … It’s No Longer a Conspiracy Theory!

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Smart Meters cutting off your power is no longer a conspiracy theory. It’s already here! The Queensland Government reached into people’s homes to take control of 170,000 air-cons in the last two months.

Wind, solar and the demonisation of coal is destroying our once reliable power supply, turning Australia into a third world country, despite our vast natural resources.

Only One Nation will stop the Net Zero insanity and bring back cheap power bills.

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Public Hearing | 9 Feb 2024: Digital ID Bill 2023

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UNSW Allens Hub for Technology Law and Innovation

The UNSW Allens Hub for Technology, Law and Innovation (‘UNSW Allens Hub’) is an independent community of scholars based at UNSW Sydney.

During the inquiry into the government’s Digital Identity Bill, I asked representatives from the UNSW Allens Hub about their submission, which included data from India where digital identity was originally supposed to be voluntary but has become mandatory, and has resulted in restrictions on citizens despite government guarantees at the outset.

Their position is that legislative frameworks and protections should exist to prevent overreach from both government and non governmental authorities. Safeguards should be put in place to protect citizens who are being provided with essential services via digital identity to combat the power creep that we saw with the Director’s ID.

What is becoming clear, and the cautionary tale from India bears this out, both governments and private companies are embracing, with equal enthusiasm, the application of digital identity for all as the most convenient system for their purposes. Yet, what does this mean for Australians’ privacy and data given the cyber-security failures we have already seen from government and the private sector?

Human Technology Institute

At the Digital Identity inquiry I spoke with representatives of the Human Technology Institute, an industry body that promotes human rights in the development, use, regulation and oversight of new technology. Their comments make it clear that there needs to be strengthened legislation to improve privacy and other human rights protections with regards to the government’s Digital ID.

The government’s Digital ID Bill is part of the triad of tyranny, which is currently being whisked with indecent speed through what should have been a more careful scrutinising and debating process.

Surely privacy and human rights were not going to be left out of the new “trusted” digital identity that the Albanese government is keen for us all to embrace?

Australian Banking Association

At the Digital Identity Inquiry in Canberra, I questioned the Australian Banking Association about how Australians who don’t want a digital ID would lead a normal life without one.

I also asked how internet outages would impact on people’s lives when they rely on a digital identity to access their money.

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Australia’s Health System is Failing the Australian People

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During COVID we were forced by the health system into unnecessary and unhealthy lockdowns, away from fresh air, denied proper exercise and social contact. Many Australians have lost faith in the medical system that seems intent on promoting pharmaceutical responses to health issues that are more rightly lifestyle.

The nation’s health survey was released over Christmas and it’s one the health officials will not enjoy reading – “Today … Australians are at significant risk of dying young or living with preventable chronic diseases, with two thirds of us being overweight or obese.”

News Limited observed respondents would rather play video games and eat junk food than exercise. Where was the guidance from health authorities on staying healthy? What happened to the great Australian tradition of promoting “life, be in it”? Of prioritising good food and the great outdoors? Whatever happened to that? Instead we were locked down, fed on fear propaganda and isolated from our loved ones.

In 2024, public health is all about taking a jab or a pill to ‘restore’ health. Public health is no longer about preventative health or natural immunity, it is about promoting drug use. How has this been allowed to happen?

Australians need answers. We also need our public health system to make health all about healthy living once more.

Transcript

The greatest victim of COVID-19 was not the many Australians who, sadly, lost their lives to this man-made virus that Australia helped develop. It was not the many thousands of Australians who, sadly, died from injections and jabs that are proving to be the crime of the century; the greatest victim was public health. Confidence in public health is at an all-time low. Childhood vaccination rates are plummeting. Parents are choosing not to engage with the childcare system and, increasingly, the education system to protect their children from public health. 

The nation’s health survey was released over Christmas, and I thank News Limited for this report, which acts as a second opinion on the performance of our health officials. It’s one the health officials will not enjoy reading. Let me share some of the findings with you: 

Today … Australians are at significant risk of dying young or living with preventable chronic diseases, with two thirds of us being overweight or obese. 

More troubling for our health bureaucrats is that so few respondents were interested in doing anything about it, choosing instead to sit in front of a computer or TV screen for more than eight hours a day, shun exercise and eat junk food. News Limited have taken up the challenge of equipping their readers with simple advice to improve their health. Isn’t that our health authorities’ job? Remember Life. Be in it? Overweight Norm and his family, which started in 1979 and went into hibernation until recently, as it turns out. Public health is supposed to be about preventative medicine, encouraging people to get into life, get into some exercise and fresh air, and interact with others in a sporting, outdoor or otherwise active context. It’s great advice—advice that saves the taxpayer money, correcting conditions that are self-inflicted. 

Saying obesity is self-inflicted will earn you the ire of the woke brigade, who call that ‘fat shaming’. Someone has to. According to the study, Queensland is the third-fattest state in the nation, with 33 per cent of people identifying as obese. That’s one-third. This data is for Australians generally. It does not include the increase in youth depression and suicide that resulted from our failed COVID response and fear campaign. Sedentary lifestyles lead to chronic diseases and illnesses, including cancer, heart disease, diabetes and dementia. 

This afternoon I plan to speak about the 13 per cent increase in Australian mortality. Those deaths occurred largely in the areas of cancer, heart disease, diabetes and dementia. Many, including myself, are blaming the increase in unexplained deaths in Australia on the COVID-19 injections. Many of those are. Yet other reasons may be brought to light in a COVID royal commission that we need. One of those will be the failure of our health authorities to follow the most simple and fundamental pieces of health advice: preventative medicine. 

Everyday Australians were advised to isolate from others and stay inside away from the sun, yet sunshine is a common natural treatment for COVID. The advice to stay out of the sun is the opposite of the advice that should have been provided. We knew right through COVID that those who were obese were the group most at-risk for an adverse reaction to COVID-19. Where was the advice to eat healthy, exercise and lose weight? Nothing. The only advice was to be afraid, be terrified, so as to force a fear-based level of obedience in a country that had always used a mate’s approach to health, like Life. Be in it. 

At the same time, our health bureaucrats have acted to protect their friends in the quit-smoking industry through this recent ban on vapes. They’re protecting the quit-smoking industry, not smokers. One million Australians use a vape, many of whom use it to quit smoking. Australia’s smoking rate is higher than in countries with laws that allow vaping. Vaping stops smoking. Britain’s National Health Service advocate vaping as a quit-smoking medium, and our health authorities ban it. Why do they do that? 

In 2024 public health has changed direction. Preventative health has turned into restorative health. Our health industry is now standing, figuratively, on every street corner hawking the latest drug to correct the very conditions that their failures in public health have made worse. How has this come about? How is this allowed to continue? These are my questions to government and to the media. Will you please start asking those questions? 

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The Albanese Government Is Not Serving the Australian People

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Since assuming office in 2022, the Albanese government and their Green and Teal coalition partners have completely ignored the principles of transparency and accountability. On important issues, Labor deliberately uses the deceptive tactics of hiding facts and the truth from public view.

Promises have not been kept, falsehoods have been told, and there is rampant abuse of Senate processes. Debate is being avoided or cut short — guillotined — on major issues. Government bills are being rammed through parliament without proper scrutiny, which would expose these pieces of legislation for what they are — power grabs at the expense your civil rights and liberties.

The Labor-Greens government is not working for the Australian people. The question then is this: Who is the Australian government working for?

Transcript

Thank you to Senator Lambie for pointing out in this motion the need for this Labor-Greens-teal-Pocock government to start adhering to the principles of transparency and accountability for good government as Labor promised before the election. Since assuming office in 2022, the Albanese government and their Greens and teal coalition partners have completely ignored these principles. It’s clear that on big issues Labor uses the deliberate tactics of hiding facts and lying or telling half-truths to deceive Australian voters. The list of examples is long, and I’ll touch on some of them. The Prime Minister promised to hold a royal commission into the government’s response to COVID-19. Where is it? Dragged kicking and screaming, the government agreed to set up a whitewash committee of inquiry lacking the powers to inquire, with insiders and cheerleaders of state and federal governments heading the whitewash and with terms of reference excluding the states’ actions. What are they trying to hide? Admittedly the government did not oppose my successful motion to refer the drafting of terms of reference for a possible future royal commission. However it was forced to do so after the announcement of its whitewash inquiry was ridiculed and panned in this chamber and across Australia. 

What about the abuse of Senate processes? Labor have mastered the art of guillotining debate on major issues in this Senate. This is to avoid public scrutiny of government bills when the government have the numbers to pass a bill yet do not want debate that may reveal the deficiencies and inequities of proposed legislation that would embarrass the government or expose Labor power grabs in conjunction with their Senate coalition partners the Greens, teal Senator Pocock and, sadly all too often, the Jacqui Lambie Network. In the same vein, orders for the production of government held documents are routinely delayed and the documents withheld. Replies to requests may say they hold them yet decline to provide them, without giving reasons. Right to information requests become the norm, even though senators should be able to access the documents routinely. 

Today, the government is introducing industrial relations legislation that the private sector, from small businesses to major employers, almost universally canned as overly complicated, deceitful and damaging to the Australian economy. Workers and employers see government industrial relations bills as giving union bosses enormous power as the reward for steering members’ union fees into Labor campaign funding. One Nation is introducing an amendment to clarify the rights of so-called casual black-coal miners who have been underpaid, on average, around $33,000 a year. The culprits are labour-hire firms, including the world’s largest labour-hire firm, with the agreement of the CFMMEU union bosses who chose to shaft their members in return for favours from employers. The government’s own Fair Work Commission signed off on sham enterprise agreements without proper scrutiny. One Nation will hold this dishonest government accountable. 

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Labor are Not the Party of the Workers

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Today the Labor government will vote AGAINST my amendment that would award back pay to casual miners who had more than $30,000 a year stolen from them under union negotiated agreements.

Nothing in Labor’s bill will compensate these ripped off casual workers and now they will vote down my amendment that would pay them back.

So much for Labor being the party of the workers.

This amendment was voted down by Labor and the major parties

Transcript (click here)

Casual miners—so-called casual miners—working in Central Queensland and the Hunter Valley are each owed an average, due to wage theft, back pay of around $33,000 per year for every year of service. If you’re a casual, you are likely owed $33,000 per year that you have worked. My amendment aims to get these miners their back pay. Before getting to that, I note that the Senate has yet again been hijacked with a guillotine this afternoon, when almost half the Senate want more debate. This is a grotesque abuse of power. It’s a grotesque abuse of democracy. It’s a grotesque abuse of process in this Senate—the people’s Senate. These are serious guillotines. We know that sometimes guillotines are arranged, and that’s fine, with the consent of just about everyone. Regarding serious guillotines, where there’s a genuine disagreement between Labor and the LNP and a need for more debate, here are the figures: in the 45th Parliament, there were two; in the 46th Parliament, there were 24; and, in the 47th Parliament, under Labor, the Greens, Teals and the coalition, we’re halfway through and there have been 39 already. Almost all guillotines involve a Labor-Greens-Teal-Senator Pocock coalition. This morning we have Senator Thorpe and Senator Pocock amending significant industrial relations legislation affecting many employees, small businesses and employers around the country. Yet we have limited time to assess and almost no time to debate.

Minister, last night in my second reading speech, I explained, in great detail, what I believe is the largest systemic wage theft in Australia. It’s explained in the independent report that One Nation commissioned. I foreshadowed an amendment to pay casuals working in the black coal mining industry. It’s been tabled. Casual coalminers are being ripped off to the tune of around $33,000 each and every year.

Labor’s bill would put more power with union bosses. After what I unveiled last night, that’s putting the fox in charge of henhouse. The CFMMEU, the Construction Forestry, Maritime, Mining and Energy Union, enabled and supported wage theft from casual coalminers. The CFMMEU negotiated and endorsed enterprise agreements that pay casual coalminers less per hour than the award combined with a 25 per cent casual loading. Some enterprise agreements in the coal sector paid and still pay paid casual workers less than a full-time worker receives per hour under the award. Ignore the loading; it is less than the award. That’s a casual being paid less than a full-time worker. How? CFMEU union bosses negotiated and approved this wage theft. Minister, union bosses negotiated and approved these agreements that pay casuals less than full-time workers, yet your bill places more power with those union bosses, who failed to protect workers and who betrayed workers— union bosses who enabled theft from mineworkers. The Fair Work Commission failed. They failed to properly assess these agreements and let them sail through. They approved them. When I asked the Fair Work Commission at Senate estimates to provide me with a copy of the better off overall test, the BOOT, that they had conducted for just one of these agreements, they could not hand over a single document or spreadsheet—not one. This is a wage theft resulting from a cosy collusion between the labour hire companies, including the world’s largest labour hire company, which is owned by a Japanese parent company; union bosses who betrayed workers; and the Fair Work Commission. All three are culpable.

My amendment on sheet 2339 will trigger a review of those coal enterprise agreements to ensure they meet all relevant entitlements. It would ensure any underpaid casual coalminers are compensated for the wage theft they have suffered and would pay them the $33,000 each per annum that they’re entitled to. This cost would be apportioned between the offending labour hire company—the employer—the union and the Commonwealth, through the Fair Work Commission, for their culpability in the wage theft. Senators who vote for Labor’s legislation without voting for my amendment are endorsing massive wage theft—Australia’s largest ever wage theft. Legislation must not just attempt to fix it for the future; it must right the wage theft and get the back pay.

Minister, why doesn’t the government support my amendments on sheet 2339 to pay back entitlements for casual coalminers that have had wages stolen from them—$33,000, on average, per year?

Senator WATT (Minister for Agriculture, Fisheries and Forestry and Minister for Emergency Management): Senator Roberts, thanks for providing a copy of this amendment to me before the debate started. The government does not support your proposed amendment. We consider that the bill as it stands, which we’re introducing here, provides a considered and balanced framework for defining casual employment and supporting casual employees to convert to permanent employment. The government has consulted with a wide range of stakeholders to reach a position that addresses both employees’ and employers’ needs. The government’s reforms that were passed last year also give labour hire employees the right to seek orders from the Fair Work Commission that provide entitlements to the same pay under a host business’s enterprise agreement. Casual labour hire employees in the black-coal-mining industry can also seek these orders. So, Senator Roberts, the bill as we are presenting it already addresses the needs that casual workers, whether they be miners or others, undoubtedly have. The reforms that we made in our amendments last year, around the labour hire loophole, were also designed to address the rights of casual coalminers in particular. Senator Roberts, I’ve obviously been in a number of estimates hearings where you’ve raised these issues. It is my observation that you have been given answers to these questions by officials on a number of occasions. You haven’t accepted those answers, and you continue to ask the same questions. It’s your right to do so, but I think it’s pretty clear that whatever answer you’re provided with won’t satisfy you. It’s your right to continue campaigning on this issue, but I would remind you, Senator Roberts, that last year, when we did introduce changes to benefit labour hire casual employees to ensure that they are paid at least the same as the permanent workers they work alongside, it was unfortunate and surprising that you voted against that change. I would have thought that, if you were as committed to the rights of casual coalminers as you say you are, you would have voted with the government for those reforms that we implemented last year. I was surprised that, after a number of years of you campaigning on this issue, you voted with the coalition against the interests of those labour hire casual coalminers who you say you represent.

Senator ROBERTS: Minister, let’s have the full truth. We voted against that because it didn’t address the core issue. There is no casual permanent rort loophole at all other than the one I’ve just discussed. The simple solution is that the Fair Work Act needs to be enforced. Your bill covers the future. Your previous bill covers the future. It shuts the door to backpay of these miners who are owed, on average, $33,000 per year for the breach of the Fair Work Act. Way you covering up union bosses’ culpability? That is what you are doing. That’s what Minister Burke is doing. Minister Burke has received two letters from me on this issue. We get a polite, ‘Nothing to see here; move on.’ I’ve written letters. Miners have been in touch through personal meetings and provided solid, written evidence to the department’s senior advisers. Nothing has happened. With the minister’s office’s senior advisers, nothing has happened. With the Fair Work Commission, nothing has happened. The Fair Work Ombudsman used a fraudulent document to deny any case for the miners, despite the miners having five documents, including court hearing transcripts, that say their documents are correct. Why you continuing to cover this up against miners in the Hunter Valley and Central Queensland? Why are you continuing to cover it up? Is it because union bosses in the CFMEU are culpable because they have engineered this? Is it because union bosses in the CFMEU are the ones who started labour hire in the coalmining industry? Is it because they were actually employers and they had some commercial agreements that we’ve got wind of? Minister, these people are entitled to their back pay. That’s what I want, and that’s what this amendment covers. It covers their back pay. We don’t want this bill to go through and simply bury the issue. That’s what Minister Burke is doing. Why are you covering up for union bosses? Is it because they funnel millions of dollars into Labor Party campaign coffers? Why are you not doing this after almost five years of me bringing this to your attention?

Senator WATT: As Senator Roberts has just made clear, he has been raising these issues for five years. The questions have been answered for five years, and I don’t propose to add to any of them, but again I point out that Senator Roberts and Senator Hanson did have an opportunity late last year to vote with the government to ensure that the rights of labour hire workers in coalmines were protected. Unfortunately, Senator Roberts decided to vote with the coalition.

Senator ROBERTS: I will repeat myself. We are not voting for legislation that covers up, endorses and prevents miners from getting their back pay. When this Labor government stops covering up for CFMEU bosses who’ve done dodgy deals, stops covering up for the Fair Work Commission and the Fair Work Ombudsman, which are not doing their job; and stops covering up for labour hire companies—we will not vote for
legislation that prevents miners getting their back pay and covers it up.

See all the material on this issue

Casual Coal Wage Theft

News Article and Related Parliamentary Speech

The Decade-Long Scam Robbing Some of Our Miners
Exposing the Permanent-Casual Rort
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