The Federal Police have finally dropped their vaccine mandate for workers, yet won’t apologise to the people who have been persecuted and lost wages for years.
It’s been known from the very start it didn’t stop workers getting COVID, and it didn’t stop transmission of COVID to others. That hasn’t changed, so why this change four years later?
It’s not good enough! One Nation calls for an apology, backpay, compensation and immediate rehiring of anyone who lost a job because of a vaccine mandate.
Transcript
CHAIR: I also note the time. Can we give Senator Roberts the call for a moment? Senator Roberts, do you have questions for the AFP?
Senator ROBERTS: Yes, I do. Thank you, Chair, and thank you all for appearing tonight. Just before the last break, Commissioner, did you say you revoked the COVID vaccine mandates on your police yesterday?
Ms Van Gurp : I can answer that. Thank you for the question. You might recall last time we appeared at this committee back in November, we did disclose that we had undertaken a review of the COVID Commissioner’s Order 10 policy, which related to COVID vaccines. That review, as of November, had been completed and supported by our enterprise operations board. I mentioned at our last hearing in November that the next phase for us to do, as per the legislation, as per the Work Health Safety Act, was to undertake genuine workforce consultation. So throughout December and January we have undertaken that genuine consultation with the workforce, which included comments back that were supportive and not supportive. In consideration of that consultation, the commissioner, yes, he has determined that Commissioner’s Order 10 is to be revoked, and that was announced to the workforce. Our internal website has a range of frequently asked questions and information for staff to address the issues that were raised across that consultation process.
Senator ROBERTS: Am I accurate in saying they were revoked yesterday?
Ms Van Gurp : No. The Commissioner’s Order 10 was signed off as revoked by the commissioner on 13 February. It was announced to the workforce this week.
Senator ROBERTS: Why did you revoke the vaccine mandates? I know you have been through a process—I don’t need to hear about that again, with respect—but what was the reason they were revoked?
Ms Van Gurp : Throughout the process since the Commissioner’s Order was put in place, we did undertake regular reviews looking at that policy. As we talked about before in this forum, it was an important policy for us at a time to protect both our workforce and the community, particularly the vulnerable communities that we are working with across the Pacific and other areas of the globe. But the most recent review in relation to reflecting on the health advice from our Chief Medical Officer as well as ATAGI and others, we determined that that risk posed didn’t necessitate a specific Commissioner’s Order anymore because, rather than it being a global pandemic, the status of COVID had been downgraded, so we made that determination through that internal review and through doing an updated risk assessment treatment plan.
Senator ROBERTS: Given that nothing has changed arguably in recent years—certainly in many, many, many, month many, months—why did it take long to revoke the vaccine mandates?
Ms Van Gurp : As we have talked about here previously, while for some other agencies the advice had changed around the risks of the community, we were conscious that we have a workforce that we need to be able to readily deploy at any time and we are deploying to vulnerable communities, so our assessment was not just to follow the general community advice; it was to undertake our own internal assessment, so we held that policy in place for a longer period of time to protect both our workforce and the community, but we have determined now is the time to revoke that policy.
Senator ROBERTS: Given the injections did not stop people getting COVID and did not stop people transmitting COVID, why were the mandates implemented?
Ms Van Gurp : Based on the health advice both from government and our Chief Medical Officer, it was to minimise the risk to both our members and to the vulnerable communities, so acknowledging, yes, of course, Senator, you are correct—the COVID vaccine didn’t prevent people getting it or prevent people transmitting it but it did mitigate that risk.
Senator ROBERTS: So was that on the evidence of the Chief Medical Officer and ATAGI health agencies?
Ms Van Gurp : Yes.
Senator ROBERTS: Did they provide you with the evidence? I am asking: on what evidence?
Ms Van Gurp : I will have to take that on notice, but essentially we considered the advice coming from ATAGI and others externally. We considered the risk to our people by undertaking our own risk assessment treatment plan internally and that was in consideration of the way in which we deploy staff, where we are deploying to, the nature of our operations et cetera. So, for some time, our internal position was that we needed to maintain that vaccination requirement that the safety of our members and for the safety of the communities were dealing with. But as I said, we have revised that risk assessment treatment plan now and have determined that Commissioner’s Order 10 can be revoked.
Senator ROBERTS: On notice, could I have a copy of the advice from the Chief Medical Officer and ATAGI, please?
Ms Van Gurp : I will take that question on notice.
Senator ROBERTS: Also in your own deliberations within the AFP, I would like to know what drove the conclusion, particularly your risk assessment. I would like to see the risk assessment.
Ms Van Gurp : I will take that on notice.
Senator ROBERTS: The inefficacy of the COVID injections in stopping transmission was known well before yesterday. Why did it take so long to revoke?
Ms Van Gurp : As I mentioned, our decision to have that Commissioner’s Order in place was not just based on ATAGI and other advice; it was our internal position as well in consideration of our own risk assessment treatment plans. We went through a thorough process to make sure that, before we revoked it ,we were being thorough in our assessments. As I previously talked about, we did an internal review that Deputy Commissioner Gale’s team led. That review came to our internal enterprise operations board for consideration. We supported the position of the review and then, as per the WHS Act, we undertook workplace consultation prior to making a decision, and that is a requirement under legislation.
Senator ROBERTS: Could I, on notice again, have any evidence that you considered within the AFP in making the decision and on why it took so long?
Ms Van Gurp : Yes, Commissioner. I’m happy to take on notice to provide that plan.
Senator ROBERTS: I haven’t been promoted yet!
Ms Van Gurp : Senator, sorry!
Senator SCARR: It’s coming now—just hold off!
Ms Van Gurp : It’s past my bedtime!
Senator ROBERTS: It’s past my bedtime too. I have two more questions, very briefly. Did you mandate the AstraZeneca shots that were later withdrawn?
Ms Van Gurp : Our Commissioner’s Order 10 required that staff had to have two vaccinations. We didn’t mandate which vaccination that needed to be. But I’m happy to take it on notice if you need more clarity around that.
Senator ROBERTS: Thank you. Commissioner, will you apologise to police who were basically forced to take the AstraZeneca shot?
Mr Kershaw : I don’t know what evidence you have there, Senator. I’ll have to take that on notice.
Senator ROBERTS: They were withdrawn from use in the UK and other countries, I believe, on the basis of a court case in Britain. They were also withdrawn in this country, although I understand the federal health department did not withdraw them until quite some time later. I’d like to know why they were mandated.
CHAIR: Do you mean that type of vaccination, Senator Roberts?
Senator ROBERTS: Yes, the AstraZeneca brand.
CHAIR: I’m not going to answer for the commissioner, but I think he has taken it on notice.
Senator ROBERTS: Yes, he has. Thank you all for appearing.
CHAIR: I hope you’re enjoying whatever regional town in Queensland you seem to be joining from. I’m sure it’s a fabulous place.
Listening to everyday Australians across Queensland, I’ve heard your concerns about the rising cost of health care. When Labor first took over, they increased the Medicare rebate, boosting bulk-billing rates. But by 2025, that effect has faded. According to Cleanbill’s 2025 report, nearly 80% of GP clinics no longer bulk-bill adult patients. The percentage of bulk-billing GPs in Queensland has halved since Labor came to power, and out-of-pocket costs have risen by 9%.
Medicare is crucial for timely medical treatment, helping people get back to work faster. In the US, unpaid medical bills cause 40% of bankruptcies. One Nation won’t let that happen here. One Nation will increase the Medicare subsidy to encourage bulk-billing, funded by cracking down on Medicare and PBS fraud, which costs $3 billion a year. We’ll also delay social security, including Medicare, for new arrivals.
One Nation is committed to practical solutions for the cost-of-living crisis. We’ll reduce overseas student numbers to create more university places for Australians, especially in health disciplines, and expand bursaries for students from rural areas. While Labor offers bandaids, One Nation offers real solutions.
Transcript
In listening to everyday Australians across my home state of Queensland, one of our highest concerns is the cost of health care. This Labor government increased the Medicare rebate when they first took over. It was a long overdue move which increased the rate of Medicare bulk-billing. In 2025 the effect of that increase has worn off, much like the lustre on this government. According to Cleanbill’s 2025 report, nearly 80 per cent of GP clinics no longer bulk-bill adult patients. When Labor came to power, 26 per cent of GPs in Queensland bulk-billed. In 2025 the figure is projected to be 14 per cent—halved. As a result, the out-of-pocket cost of visiting a doctor has risen by nine per cent.
Any economist can easily make the case for Medicare. As a national insurance policy, it matches medical treatment to the time the person needs it rather than to the time they can afford to pay for it. This optimises health care and gets the person back to the productive economy faster.
In the United States, unpaid medical bills cause 40 per cent of all bankruptcies. One Nation will not accept that happening here. One Nation will increase the Medicare subsidy to encourage bulk-billing. This subsidy will be paid for through cracking down on Medicare fraud, estimated to cost $3 billion a year. This figure doesn’t include fraudulent loaning out of Medicare cards. Some areas in Sydney have more adults using Medicare cards than they have eligible adults. One Nation will delay the granting of social security, including Medicare, to new arrivals. That announcement will be made separately. One Nation have already announced a policy to reduce overseas student numbers and create more places for Australian children to go to university in areas where Australia needs graduates, which includes health disciplines. One Nation will expand bursaries for students to attend from the bush or to practise in regional and rural areas. While Labor offers bandaids, One Nation are offering practical solutions to the cost-of-living crisis.
The Fair Work Ombudsman (FWO) has received a Ministerial directive to investigate wage theft allegations affecting coal miners in the Hunter region. Upon inquiring about the investigation’s status, Mr Steve Ronson, the Executive Director of the FWO shared that there are currently 18 cases under investigation, involving 25 workers and 17 employers, with 2 self-reports also being considered. All complaints are being thoroughly investigated, and the process includes holding meetings with various stakeholders.
A dedicated email address has been established for individuals to contact the FWO regarding these issues. So far, meetings have been held with Coal LSL, the Mining Energy Union, and the Independent Workers Union of Australia. Mr Ronson mentioned that the amounts to be calculated have not yet been assessed, with some claims dating back around 10 years. It’s been estimated that the total claim could potentially reach up to $1.3 billion. He also expressed his willingness to accept a submission from One Nation, which has been advocating for this investigation since 2019, marking it as the largest wage theft claim in Australia.
Interestingly, there has been no liaison with the Fair Work Commission, although other entities are welcome to submit material. Early findings from the investigation may emerge by mid this year, but the final report is expected by mid-2026. Status reports might be discussed through the estimates process. Mr Ronson clarified that while underpayments can be investigated beyond the 6-year period under the Statute of Limitations, enforcement is limited to this timeframe. He committed to securing any identified underpayments through the investigation.
Stay tuned for more updates as this significant investigation progresses.
Transcript
Senator ROBERTS:Thank you for attending, everyone. First of all, I understand the Fair Work Ombudsman has received a ministerial directive to investigate underpayments of casual black coal miners working under enterprise agreements; is that correct?
Ms Booth: We have been asked to conduct that investigation. On the last occasion, you’ll recall, Mr Ronson gave you a thorough rundown. Since that time our enforcement board has approved an investigation plan. I will turn to Mr Campbell to give you any further updates.
Senator ROBERTS:Before he does so, would it be possible to get a copy of the ministerial directive, please?
Ms Booth: I’m not sure I would describe it as a ministerial directive, although others might be more aware of the protocol in these matters. I believe it was a letter.
Senator ROBERTS: Can I have a copy?
Ms Booth: I see no reason why you shouldn’t. I’ll hand over to Mr Campbell and Mr Ronson to give you more details.
Mr Campbell: Is there a particular aspect of our inquiries that you’re interested in, or are you looking for a general update?
Senator ROBERTS: I’d specifically like, please, an overview of the status of the Fair Work Ombudsman’s activities, and could you in particular describe the process the Fair Work Ombudsman is using to conduct its investigations.
Mr Campbell: I’ll ask Mr Ronson to assist.
Mr Ronson: I can give you an update on the status of the investigation. The Fair Work Ombudsman is currently investigating 18 black coal mining industry matters that involve 25 workers and 17 different employing entities. We’ve also received two self-reports from the sector. All the requests for assistance that we’ve received are being investigated, and as part of our project plan we’re meeting with a whole range of stakeholders. We’ve begun meeting with them to talk about the investigation, to enhance and increase awareness and to encourage those in the sector to come forward. We have a dedicated email address to receive any allegations or information from any member of the sector or the community. So far, we’ve had some very constructive and positive meetings. We’ve had two meetings with the Coal Mining Industry (Long Service Leave Funding) Corporation, we’ve met with the Mining and Energy Union, we’ve met with the Independent Workers Union of Australia, and we’ve got a whole range of other stakeholder meetings lined up in the next couple of weeks.
Senator ROBERTS: Thank you. I assume that there’s a dedicated process that casual coalminers can now use to lodge complaints about underpayment with the Fair Work Ombudsman?
Mr Ronson: That’s correct. There’s a dedicated email address we’ve set up for the whole project so that anyone in the sector or anyone with information relating to the sector can feel confident that they can go straight through to contacting us through that email, or they can give us a call—whichever way they want to make contact with us. Of course, there’s still the anonymous report function as well, which is available to all members of the community.
Senator ROBERTS: You mentioned the Independent Workers Union of Australia. I take it that some of the submissions, or complaints, have been lodged through that and some of the others have been individually lodged, for individual work.
Mr Ronson: That’s right. Probably two-thirds have come through the agency of the Independent Workers Union of Australia and the other third are just individual workers in the sector who have requests for assistance that we’re looking at.
Senator ROBERTS: Thank you. I must say that I appreciate your succinct and direct answers. Can the Fair Work Ombudsman provide the range of possible underpayment amounts currently being looked at by the Fair Work Ombudsman?
Mr Ronson: It’s hard to assess at the moment what potential underpayments, if any, exist. Some of the allegations date back at least 10 or 11 years. There are some individuals who’ve worked in the sector for many years. If the allegations are upheld and if the evidence is obtained, there could be significant underpayments owing to certain workers. But at this stage it’s too early. We’ve requested a series of documents, a lot of information from various companies, that will assist us to begin, if you like, the assessment of these particular claims.
Senator ROBERTS: How many employers—not only mine owners but the labour hire firms—are subject to investigation so far? How many?
Mr Ronson: All up, it’s 17.
Senator ROBERTS: You mentioned that—okay. Will the Fair Work Ombudsman advertise to coalminers in the black coal mining sector, encouraging them to lodge and apply to the Fair Work Ombudsman in relation to underpayments they believe they may have been subject to?
Mr Ronson: By ‘advertise’, do you mean increasing awareness, as in media statements?
Senator ROBERTS: Yes: letting them know you’re open for business and you’re aware that this is an issue.
Mr Ronson: Yes, that’s definitely an option available and one we’re considering. There are some other ideas that we have as well about enhancing awareness. For example, there’s nothing to prevent us writing to all labour hire providers and employing entities in the sector. This is one of the suggestions that has been put to us and one we’re currently considering.
Senator ROBERTS: Would that be a wise move in terms of trying to get to the miners? Some of these labour hire firms—some—have been deliberately suppressing this?
Mr Ronson: That’s right—good point. In terms of former workers, that’s a different sort of ‘audience’, if you like. That’s one we’re turning our minds to in thinking about how we ensure people who either are in the industry now or were formerly in the industry are aware of this investigation. The second point I was making, yes, was in relation to employers. That’s something we’ve done in the past. We’ve written, for example, to the ASX Top 100 companies and encouraged them to review their status, and if they self-identify they can self-report any potential noncompliance.
Senator ROBERTS: My understanding is that some of the miners are not aware of it, but it’s a major issue, because we estimate that about 5,000 miners at least have been the subject of Australia’s largest wage theft case, and it’ll cost, ultimately, around $1.3 billion—they’re rough estimates. So I think these people need to be told that there’s an option for them to seek justice and repayment.
Mr Ronson: Yes. As I say, it’s something we’re definitely turning our minds to, and we’re considering what’s the best way to get the word out, if you like.
Senator ROBERTS: Okay. Let’s hope you can get that out fairly soon. The Fair Work Ombudsman would be aware that One Nation has pushed for investigation into this issue and that One Nation released a detailed report in February 2024. Is the Fair Work Ombudsman taking submissions on how the alleged underpayments have occurred, and would the Fair Work Ombudsman accept One Nation’s report as a submission? We can provide data, companies involved, amounts, enterprise agreements and underpayment.
Mr Ronson: Yes, sure. We welcome all and any information and any submissions.
Senator ROBERTS: So we would make submissions in the same way anyone else would?
Mr Ronson: Yes.
Senator ROBERTS: Thank you. Would One Nation be involved in any follow-up discussions on the nature of the issue and its resolution?
Mr Ronson: Yes, if there is information that’s material and actionable, by all means, we’ll be in contact.
Senator ROBERTS: As I understand it, the Mining and Energy Union, which is what’s left in the coalmining sector after the CFMEU and the Mining and Energy Union split, are not seeking back pay. They seem to be hiding it because they were involved in agreeing to the enterprise agreements and signing off on enterprise agreements that were paying much less than the award. Is the Fair Work Ombudsman inviting submissions from other organisations and individuals? If so, who specifically has been approached?
Mr Ronson: To date, as I said before, we’ve met with the Coal Mining Industry (Long Service Leave Funding) Corporation, and we’re asking that agency to provide us with any relevant information. We’ve met with the Mining and Energy Union; we’ve extended the same invitation. We’ve met with the Independent Workers Union of Australia. As you know, they’re actively involved, and they’re assisting our investigation. We also intend to meet with the Queensland Labour Hire Licensing Compliance Unit; RCSA, the Recruitment, Consulting and Staffing Association, which is responsible for labour hire; the Minerals Council of Australia, with which we have meetings lined up; and safe work bodies in New South Wales and Queensland.
Senator ROBERTS: Will you be covering more than the wage theft case and the specific amounts of the wage theft? In other words, will you be covering loss of other entitlements, protections and safeguards?
Mr Ronson: Our jurisdiction only extends to entitlements or conditions that are actionable or have been created under the Fair Work Act and the regulations, so it’s only what is within our remit.
Senator ROBERTS: Thank you. Is the Fair Work Ombudsman consulting with the Fair Work Commission on the issue?
Mr Ronson: Not to date. There’s been no need at this stage. I’m confident that we said at our last hearing that we don’t have the power or the capability to question any approvals of any agreements that have been made in the past. Others can take that issue up.
Senator ROBERTS: Okay. So only the Mining and Energy Union; its predecessor, the CFMEU; and employers, such as mining companies?
Mr Ronson: I’ll defer to the chief counsel as to who in particular can question agreements.
Ms Volzke: I think Mr Ronson has given a reasonable list. I would just say more broadly that one of the issues that I raised at the last estimates is just to remember that we still have that statutory timeframe of six years that applies under the Fair Work Act as well. Obviously, that won’t preclude us from investigating, but it’s important that the miners that we’re looking at also bear that in mind.
Senator ROBERTS: Yes, I’m pleased to say that it wouldn’t preclude you investigating. It may, at the moment, preclude addressing the issues that are raised in the investigation, but it would not preclude the investigation. The premise for my next question is as follows: the black coal award does not allow for casuals. Enterprise agreements were made, and some are still current, but the agreement’s pay rates are demonstrably less than what should be paid under the award if the award allowed for casuals. To an ordinary person, paying casuals less than the award casualised rate—that’s a full-time rate plus 25 per cent—is plainly wrong. That’s the pub test, as people say. And yet the Fair Work Commission endorsed the enterprise agreements. I assume the Fair Work Ombudsman must somehow determine which instrument prevails, being either enterprise agreements that pay less than the casualised award rate or an award rate that incorporates a casualised 25 per cent add-on to a full-time rate. Does the Fair Work Ombudsman have an idea as to how this may be resolved?
Mr Ronson: That’s the $64 question, if I can confirm it. I think, as with previous evidence we’ve provided, there remains uncertainty regarding the legal consequences of the Black Coal Mining Award’s lack of provision for employees in these roles as it hasn’t been authoritatively determined by a court. So it remains an open question.
Senator ROBERTS: Will the Fair Work Ombudsman be issuing a report or reports on its findings of the investigation? If so, what would be the anticipated timeline for such reports? I think the minister made some comment as to [inaudible].
Mr Ronson: At this stage we’re more than happy to provide status updates in this forum as we go along, but we’re hoping that we’d have early preliminary findings towards the middle of this year or just after the middle of this year. I think I said last time, and I think it’s still the case, it could be at least until mid-2026 before we’re in a position to provide a final report. But we will keep this committee posted.
Senator ROBERTS: Would you be in a position to provide interim reports as the investigation progresses?
Mr Ronson: It’s probably easier if we provide status reports, like I have today. The thing about how long an investigation takes is it all depends—
Senator ROBERTS: It depends on the [inaudible] and what you find. I get it. Would any reports you provide be public and unredacted, except of course for retaining confidentiality of workers allegedly underpaid?
Mr Ronson: I see no reason why it wouldn’t be. A report that we provide would be as fulsome and comprehensive as we could publish.
Senator ROBERTS: We’re not expecting names of individuals to be disclosed.
Mr Ronson: No.
Senator ROBERTS: We would expect them to be redacted. Would the reports indicate the employers involved, the organisations involved, the employers and organisations under investigation and any findings that the Fair Work Ombudsman has in relation to the specific employers?
CHAIR: Just before you answer that question, Senator Roberts we’re running an hour and a bit late. I don’t want to cut off your questions, but if there are some that can be on notice that would be helpful. Otherwise, I will come back to you.
Senator ROBERTS: Thank you, Chair. The way Mr Ronson is answering the questions directly, it won’t be long at all. I’ve only got a few more to go. And I have to move on too.
CHAIR: No worries.
Senator ROBERTS: Mr Ronson?
Mr Ronson: The best way of answering your question is: it’s the long held practice of the Fair Work Ombudsman to provide reports of all its major investigations. We’ve published all of them and they’re available on our website. It is our practice and it would be our expectation to do so again.
Senator ROBERTS: Thank you. If the Fair Work Ombudsman were to conclude that underpayments had occurred, and based on the Fair Work Ombudsman’s past experiences, does the Fair Work Ombudsman have ideas of scenarios for compensation for any worker underpayments?
Mr Ronson: Well, we have ideas. As to whether they’re actionable or realisable, that will be determined in due course.
Senator ROBERTS: Yes. This is something Ms Volzke raised. What is the effect of the statute of limitations and how would that apply to someone lodging a complaint today? Can they still lodge it?
Mr Ronson: Yes. As the chief counsel answered, it doesn’t preclude our investigations. The provision in the act only relates to enforceability in the event of proceedings, but there’s no reason why we can’t go back historically and look at historic underpayments and, if the allegations are upheld and there is an entitlement owing, to seek to secure that underpayment.
Senator ROBERTS: Is the Fair Work Ombudsman investigating beyond the statute of limitations to ascertain full amounts possibly underpaid?
Mr Ronson: Yes.
Senator ROBERTS: Thank you very much. Chair, I want to express my appreciation for Mr Ronson being direct. It enabled me to get through my questions. I also want to communicate to the secretariat that I’ll be on the road, so I won’t be able to ask the Fair Work Commission questions in the hearings, but I will put them on notice. And it’s the same with the coal long service leave.
https://img.youtube.com/vi/A5_eE4rV_cU/maxresdefault.jpg7201280Senator Malcolm Robertshttps://www.malcolmrobertsqld.com.au/wp-content/uploads/2020/04/One-Nation-Logo1-300x150.pngSenator Malcolm Roberts2025-03-06 09:58:012025-03-06 10:53:49Investigation into Wage Theft for Coal Miners in the Hunter
