More Hypocrisy From the Greens

,

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

/by

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

/by

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

,

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.

/22 Comments/by

Public Hearing | 9 Feb 2024: Digital ID Bill 2023

,

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.

/by

Australia’s Health System is Failing the Australian People

, ,

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? 

/by

The Albanese Government Is Not Serving the Australian People

,

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. 

/4 Comments/by

Labor are Not the Party of the Workers

, ,

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
/by

Exposing the Permanent-Casual Rort

, ,

I detailed one of the most outrageous wage thefts in the country last night in the Senate. Despite having all of this information, the Labor party continues to cover it up, voting down my amendment that would give back-pay to victims.

Casual coal mine workers are being individually underpaid up to $33,000 per year under union-negotiated deals. Minister Tony Burke is aware of this yet he does nothing about it.

The so-called ‘Loopholes’ Bill will only protect the union bosses at the Construction, Forestry and Maritime Employees Union (CFMEU) and give them more power. It will protect labour-hire companies including the big, foreign-owned ones, and it will protect the government’s Fair Work Commission who is failing Australian workers.

The only loopholes I see are the ones protecting big business and the government and there’s nothing ‘fair’ about it.

Labor has abandoned the workers. One Nation will not stop fighting for ripped off casual coal miners to receive what they’re owed.

Transcript (click here)

As a servant to the people of Queensland and Australia, I rise to speak on the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023. In doing that, I will illustrate why this bill is a sham that does not protect workers like the name implies.

Nothing in this bill will fix the absolute scandal that One Nation has uncovered. The Labor government is giving more power to union bosses, which is putting the fox in charge of the henhouse. As I will explain, union bosses are the ones that have been ripping off workers, and the government regulator, the Fair Work Commission, has endorsed it. I challenge anyone to explain to me in detail how the closing loopholes No. 2 bill will fix the cases I’m about to explain.

An independent report details the largest wage theft scandal Australia has ever seen. Coalmine workers have each had tens of thousands of dollars stolen from them every year. Labour hire companies, union bosses and governments have been covering it up for a decade or more. The culprits are labour hire companies supplying casual workers to some Central Queensland and Hunter Valley coalmines. The CFMEU—the Construction, Forestry, Mining and Energy Union—enabled and supported the wage theft. The Fair Work Commission signed off and endorsed the enterprise agreements, enabling the wage theft.

One Nation commissioned an independent analysis which shows that hardworking, casual coalminers are each being shafted on 2023 pay rates by an average of around $33,000 every year. This is systemic wage theft resulting from collusion between labour hire companies—including major foreign multinationals—the CFMEU and the Fair Work Commission. My grave and disturbing allegations are based on solid facts and hard data.

A quirk in the Black Coal Mining Industry Award makes this scam possible. Under that award it’s illegal for mine employers to have casual employees. Yet, if casuals were legal, everyone in Australia knows that the employer would have to pay casuals 25 per cent more than the award full-time rate, as a 25 per cent casual loading for loss of basic entitlements like leave, sick leave and others. While the award prohibits casuals, labour hire companies—with the CFMEU—created enterprise agreements to employ casuals without any loading. The CFMEU negotiated, approved or sought to become a party to these agreements.

The closing loopholes No. 2 bill claims that all of these problems in industrial relations can be solved if we get the union bosses more involved and give them more power. What is the use of giving the CFMEU bosses more power when they negotiated and approved agreements that have ripped off casual workers for more than a decade? The Fair Work Commission should be policing and rejecting these agreements, yet it approved them. The rates under the agreements were less than the award with a 25 per cent loading. This means that the enterprise agreements are paying much less than what should be paid under the award if it allowed casuals. Some casuals were paid even less than the full-time award through technical legal trickery. All parties claim these agreements are legal, yet everyone knows a casual gets a 25 per cent loading on the hourly rate of a full-time worker. Paying them any less is wage theft. It appears that, once the Fair Work Commission approves an enterprise agreement that pays less than what should be paid under the award, the underpayment then becomes legal.

Yet One Nation is awake. All Australians deserve honest pay for an honest day’s work. We have spent nearly five years investigating wage theft. Nothing in this bill will fix up the absolute scandal One Nation has uncovered. Tonight I launch our major report detailing the extent of the wage theft scam. In 2019, after the CFMEU brushed off many years of casual coalminers’ complaints, the miners brought their underpayment complaints to us in One Nation. We took action. I’ve been holding the Fair Work Commission accountable for nearly five years. We asked the Fair Work Commission to provide their copy of the better-off-overall test—the BOOT—they’ve done on relevant enterprise agreements. The BOOT is supposed to be a safety net that rejects underpaying agreements and protects workers from underpayment. Yet the commission handed us no documents. There are no spreadsheets, no tables comparing conditions and benefits and no real assurance that they’d properly weighed it up. The response was along the lines of, ‘Trust us; it passes.’

The CFMEU has been signing off on dodgy agreements for more than a decade, and the Fair Work Commission is either asleep at the wheel or complicit. Either way, both enable or are responsible for massive wage theft. Last year we raised this issue with the Fair Work Ombudsman and with Minister Burke and his department. Responses from all three have been like that of the Fair Work Commission. ‘Trust us,’ they say, yet they provide no hard evidence.

One Nation then commissioned independent research, with the results in the report. The first part presents the facts of coalmining casual work patterns. It marries those patterns against what the award would require if casual employment were possible under the award. The second part exposes how this scam has been allowed to continue in breach of proper, commonsense application of the law. The report details that coalminers are required to work any time, 24 hours a day, seven days a week, close to a 44-hour week—Saturdays, Sundays, public holidays, days and nights. It’s long, hard work that can be dangerous. The report shows that, according to the award, for example, a full-time mine worker doing 12-hour shifts will earn about $120,849 per year or $53.84 an hour. Taking what a full-time mine worker should earn under the award and adding a casual loading, a casual mine worker doing the same hours should earn $151,061 a year, or a flat rate of $66.40 an hour, regardless of hours worked.

The independent analysis One Nation commissioned looked in detail at mine workers’ hourly rates under the five most common enterprise agreements covering casuals in coalmining. We found that none of the enterprise agreements were paying casual workers anywhere near the $66.40 an hour they should be receiving. Some were even paying casuals less than the hourly rate a full-time worker gets under the award. The fact that a casual worker could be paid less than the hourly rate of a full-time worker under some of the agreements should have set of alarm bells at the Fair Work Commission. Every single enterprise agreement—all five—has the CFMEU’s fingerprints on it, and the Fair Work Commission signed off every single agreement.

The research assessed five of the major enterprise agreements in consultation with independent analysis, lawyers and coalminers. Let’s go through them. The CoreStaff NSW Black Coal Enterprise Agreement 2018 pays casual mine workers $56.16 an hour, much less than the $66.40 a casual should be paid. The CFMEU is recognised under the agreement. The Fair Work Commission approved the agreement. The underpayment of each casual coalminer each year is $22,623. For FES, in Rockhampton, at a hearing of the inquiry into Labor’s closing loopholes bill we received evidence that the FES agreement 2018 pays casual employee Dwayne Arnold $54 an hour, well short of the $66.40 a casual should be paid. This agreement was made with the CFMEU. The Fair Work Commission signed off on the agreement. The underpayment of each casual coalminer each year is $27,563.

The WorkPac Coal Mining Agreement 2019 provides four different pay rates for a casual mine worker: between $42.99 and $51.38 an hour, depending on the day—all less than the hourly rate of a permanent worker. Calculations use the highest weekend rate even though this is more than what an average mine worker will get. It’s far short of the $66.40 that should be paid. The CFMEU negotiated and approved the agreement. The Fair Work Commission signed it. The yearly underpayment for a casual coalminer is $33,555. The Chandler Macleod agreement in 2020 pays a casual $48.85 an hour, far below the $66.40 that should be paid and less than the hourly rate of a permanent worker on the award. The CFMEU was a bargaining representative for the 2015 agreement, supported its approval and is a party to the 2020 agreement. The Fair Work Commission approved the agreement. The yearly underpayment per mine worker is $39,341.

Let’s go to the TESA group. The agreement in 2022 pays a casual $48.28 an hour, far below the $66.40 that should be paid and less than the hourly rate of a permanent worker on the award. The CFMEU is a party to the agreement. The Fair Work Commission approved it. The yearly underpayment per worker is $40,645. That’s almost $41,000 per year underpaid. Across these agreements a casual mineworker loses on average almost $33,000 every year compared to what they should be paid on the standard casual loading on the award rate.

One Nation challenges each of the parties in this scam. To the labour hire companies, the CFMEU union bosses and the Fair Work Commission, One Nation says: prove to us that our report is wrong. Don’t give us the excuse of the legal construct that you have created to enable and endorse the wage theft. Prove to us that the payments to the coal workers is higher than would be paid if the award allowed casual workers. Prove to us casuals are paid a loading. You will fail. Casuals are not paid a casual loading. It’s wage theft. It’s masterful wage theft. It’s hideous wage theft.

There are potentially tens of thousands of victim mineworkers in the history of dodgy agreements we can track over a decade. The total wage theft is massive. The failure of the Fair Work Commission and the Fair Work Ombudsman is shocking institutional failure. The fact they covered it up after we informed them is a disgraceful failure. It calls into question the entire structure, promise and integrity of the system in Australia that is supposed to protect Australian workers from underpayment, from wage theft.

Nothing in this bill will fix the absolute scandal One Nation has uncovered. Minister Burke’s bill aims to hide those responsible. Failure of the CFMEU bosses is even more obvious. We have a signed letter from the Hunter Valley CFMEU and labour hire company Chandler Macleod. In that letter, the CFMEU promises to never take action against Chandler Macleod for any breaches of worker entitlements. Our report details that the CFMEU has had commercial business dealings in the coal sector for decades. The CFMEU pretends to be a union. In fact, it is one of the employers, the bosses. It started labour hire casuals in the Hunter. It employed labour hire casuals. It started it. This theft must stop. CFMEU union bosses must be held to account for failing to represent workers, for betraying workers. The Fair Work Commission must be held to account for failing to stop dodgy enterprise agreements.

My amendment that I will be moving in the committee of the whole will ensure that those workers underpaid in the black coal industry will receive their fair pay entitlements in full. It adds transparency missing from the Fair Work Act and will ensure that the Fair Work Commission does its job, while the overprescriptive provisions of the Fair Work Act hide or ignore basic protections for workers. The Fair Work Commission has previously admitted that the Fair Work Act does not provide sufficient oversight of the Fair Work Commission when it fails to do its job.

One thrust of Minister Burke’s appalling bill is to cover up and bury Australia’s largest ever wage theft. Thousands of coalminers have each been underpaid on average around $33,000 per year because their union bosses did a shady deal with their employer. I have detailed proof of this. My amendment will put an end to these dodgy deals and enterprise agreements that pay much less than the award and it will ensure workers are reimbursed their stolen wages. Nothing in the closing loopholes No. 2 bill will hold the unions or the Fair Work Commission to account. Instead, Anthony Albanese’s solution is to give union bosses even more power with no accountability and no scrutiny. With what I have detailed in this speech, it’s obvious that that would be simply putting the fox in charge of the henhouse.

The changes contained in the so-called closing loopholes No. 2 bill will be far-reaching and have devastating impacts on the way almost every operation in Australia is forced to do business. We have had countless meetings with unions, small businesses, employees, workers, industry associations, law groups and more. The overarching message that all of them could agree with me on was that the Fair Work Act is simply too complicated for any worker or business to understand. The act is already a bulky 1,341 pages. It’s a sledgehammer that’s killing our economy. It’s so big it has to be split into three volumes so they can print it. It started 15 years ago as just a 652-page act. In the last five years alone, the Fair Work Act has increased by over 300 pages. What hope has someone who runs a bakery? What hope has an individual worker? The only ones who can keep up with all of the legislation changes and the complicated legal sections and find the loopholes are big corporations and big union bosses. They make the loopholes. I call them the industrial relations club. It includes big corporations, industrial relations consultants, lawyers and big union bosses.

Big corporations love a complex Fair Work Act because it stops small businesses who can’t figure out all the red tape from competing with them. Industrial relations lawyers love it because it keeps them in a job. Union bosses love it because it forces them into the conversation, whether the employees want them there or not. That’s why you hear so much support for this bill from the big money players. Genuine small-business owners who are too busy trying to run small operations and to pay their staff don’t have time to write parliamentary submissions or understand some amendments that may come into law. If this bill is passed, the 1,341-page Fair Work Act won’t get smaller and easier to understand. It will make the act longer, more complex, more prescriptive—the opposite of everything we need to fix industrial relations in this country. As a servant to the people of Queensland and Australia, I know only One Nation will fight to make sure workers receive their entitlements, and my amendment will do exactly that. We don’t need a so-called loopholes bill; we need enforcement of the award.

See all related material

Casual Coal Wage Theft

Related Parliamentary Speech and News Article

Labor are Not the Party of the Workers
The Decade-Long Scam Robbing Some of Our Miners
/1 Comment/by

The Biggest Air Con of the Summer!

, ,

Queensland’s state-owned power grid reached into people’s homes 6 times and turned down 170,000 air conditioners.

It’s called PeakSmart limiting and they don’t tell you when they’ve cut your cooling —  instead they tell installers and repairers in case you call them out thinking there’s a problem.

They hope you won’t notice… Have we reached Peak Stupid yet with the government’s Net Zero target? 

/17 Comments/by

People Do Not Trust Prime Minister Albanese

,

This cannot be said often enough. People do not trust Prime Minister Albanese. Why?

Labor conjures up a $16.70 increase in tax cuts to grab headlines before the Dunkley by-election where it’s worried about losing a government MP.

Labor knows that bracket creep, a stealth tax, will increase taxes much more than the headline grabbing cut.

Labor’s fuel excise increase will inflate prices at the pump. Inflation will offset the tax cut. Worse still, the excise increase will filter through the food chain to push up grocery prices across Australia.

Lib-Lab energy policies are driving skyrocketing electricity prices that will soon bury the cuts and drive up food and cost-of-living.

PM Albanese is deceptively grabbing news headlines. People cannot trust Prime Minister Albanese.

Transcript

Labor conjures up a $16.70 increase in tax cuts to grab headlines before the Dunkley by-election, where it’s worried about losing a government MP. Yet Labor knows bracket creep will soon increase taxes much more than the headline-grabbing cut. Understandably, to many people getting $16.70 back from the government that’s a lot of money. Yet the same people will lose it, and much more very quickly, to bracket creep, a stealth tax. The Prime Minister deceptively grabs headlines. People cannot trust Prime Minister Albanese.

Labor conjures a $16.70 increase in tax cuts to grab headlines before the Dunkley by-election, where it’s worried about losing a government MP. Yet Labor’s petrol and diesel excise increase will soon increase fuel prices and inflation, offsetting the tax cuts. The Prime Minister deceptively grabs headlines. People cannot trust Prime Minister Albanese.

Labor conjures a $16.70 increase in tax cuts to grab headlines before the Dunkley by-election, where it’s worried about losing a government MP. The petrol and diesel excise will filter through the food chain to raise grocery prices in every food store in the country, offsetting the tax cuts. The Prime Minister deceptively grabs headlines. People cannot trust Prime Minister Albanese.

Labor conjures a $16.70 increase in tax cuts to grab headlines before the Dunkley by-election, where it’s worried about losing a government MP, yet Labor and Liberal energy policies are driving skyrocketing electricity prices that will soon bury the cuts. The Prime Minister deceptively grabs headlines. People cannot trust Prime Minister Albanese.

Labor conjures a $16.70 increase in tax cuts to grab headlines before the Dunkley by-election, where it’s worried about losing a government MP, yet higher electricity costs are raising grocery prices that will soon bury the cuts. The Prime Minister deceptively grabs headlines. People cannot trust Prime Minister Albanese.

As a servant to the people of Queensland and Australia, I thank Senator Hume for her matter of public importance and support it.

/6 Comments/by