Hi, I’m Senator Malcolm Roberts, representing the state of Queensland in Federal Parliament, and I’m with Rosemary Moulden, our candidate for the state election in October, for the Southern Downs electorate in Queensland, Rosemary, tell us a bit about yourself please.
[Rosemary]
My name is Rosemary Moulden, I am the state endorsed candidate for One Nation for the electorate of the Southern Downs, I was a registered nurse and a registered homoeopath, I’ve run small business, and I’m running a beef production farm with my husband at the moment.
[Sen. Roberts]
Tell us why you’re running as a candidate representing people of Southern Downs in the State Parliament.
[Rosemary]
Well, my idea for running for a candidate for this Southern Downs regional electorate, is that I feel that farmers need a lot of support, small businesses need a lot of support, they need less government interference, they need a much more manageable cost of living, costs power is going up which prevents people from running the businesses that they want to run, and are able to run, and the water supply is the big issue, we’ve been through bushfires, droughts, and now the Coronavirus, and this is impacting on everybody’s life.
[Sen. Roberts]
So it’s basically water, Its electricity costs, cost of living and over regulation, you wanna get government out of people’s lives and get back to government serving the people instead of having the people serve the government.
[Rosemary]
Oh, that’s totally correct, you’ve said it well, the regulations that are imposed constantly on the people who are actually producing goods and food and in this district is very, very difficult for all these people to implement, and that’s the thing everyone needs to be able to fulfil their own destiny, and do their own thing with minimal government interference.
[Sen. Roberts]
So why one nation? Why are you standing in One Nation?
[Rosemary]
Well, One Nation as a party has had a very constant leadership, very sensible policies, there’s almost none of them that you could really argue against, they’re common sense, fundamental, and they encourage the independence of Australians and most Australians want to work, and most Australians are happy to pay tax when they’re earning a decent income.
[Sen. Roberts]
We hate getting ripped off though, and One Nation is the only party that speaks up, and has the guts to say what people are thinking.
[Rosemary]
Oh, exactly and people will tell me what they’re thinking, and they’re happy for me to believe them and understand them, and most people now seem to be very receptive to the policies, the common sense policies that One Nation promotes.
[Sen. Roberts]
Right, and being a representative in Parliament means, being a representative of the people, speaking for the people, and pushing their issues for the people, not for the global agenda, like the LNP and the Labor Party has been doing, so, why now?
[Rosemary]
For me, it’s a perfect time, I’ve had a lot of experience with the government regulation farming and even with nursing and all those things that you have to implement in those areas, I just feel like people can listen to me, I can approach people and chat to them and get information from them and actually listen to what they’re saying.
[Sen. Roberts]
And because we’re very free to say and do what we think we need to do, when we listen, we really listen because we take that message into parliament, unlike the other parties, the failed old parties, are told to do what the backroom people do, so when Rosemary says she listens, she listens.
[SEN. ROBERTS] Let’s clear up some recent confusion about One Nation’s position on Acland mine continuing to operate and to reinstate three hundred vital local jobs and 2300 indirect regional jobs. We’ve criticised how a third party representative of Acland approached One Nation in the past.
Pauline reminded everyone of this recently and now that Acland has been willing to give us facts and data and the courts have fixed an injustice I’m pleased to support the mine. Affordable energy and export income is good for our country and Acland will be good for the local area.
I support the decision of the Court of Appeal and the four judges. I support Acland’s Stage 3. Let’s have a look at the timeline of the extension of the operating mine. The Bligh govt gazetted the Stage 3 extension in 2007, thirteen years ago. There was some local opposition.
The project then went to the Land Court where the adjudicator, whose official title is Member, rejected the mine’s application in 2016. One Nation accepted that decision. It then went on appeal to the Supreme Court, where Acland was successful. After that it went to on to the Court of Appeal which included the highly respected Justice Sofronoff and two other judges. Acland won that.
The Court of Appeal, our highest court in Queensland, ruled that the decision by the Land Court Member was affected by “apprehended bias” and was unsound. That means one Land Court Member showing apprehended bias ruled against the mine and hundreds of jobs AND four Supreme court Judges overruled him.
The courts have corrected an injustice within their own system.
[INTERVIEWER] What about the current appeal?
[SEN. ROBERTS] This decision is now on appeal to the High Court thanks to the Labor government continuing to give taxpayer money to The Environmental Defenders Office to interrupt development and jobs.
The Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development issued three advices in relation to Acland’s impact on groundwater over 2014, 2015 and 2016. The 2014 and 2015 reports criticised Acland. It’s 2016 report was positive and said that all matters raised had been addressed.
This report won Acland Federal environmental approval.We want to encourage businesses who are told they have a problem and fix it. This is what Acland did and got sign off from an independent, statutory scientific body that the courts said had access to the same information as any objector.
[INTERVIEWER] What about the evidence given in the Land Court?
[SEN. ROBERTS] Several witnesses on both sides gave evidence that had the appearance of being first-hand but was later shown to be based on hearsay. The Land Court Member in the first decision made no criticism of the objectors who gave such evidence yet was highly critical of one of Acland’s witnesses who did exactly the same [1].
The Land Court Member said that Acland had deliberately distorted the facts and eroded the confidence of the court. The Court of Appeal found that there was no basis to impute this [2]. The Court of Appeal found that at a certain point the Land Court Member was, quote: “animated by an extreme and irrational animus against Acland” [3].
Essentially, he the Member, had taken a negative attitude towards Acland. The court of appeal said at times the Member was combative, argumentative and sarcastic to Acland [4]. In the Supreme Court, it was found that there was no evidence to support the claim that Acland had engaged in pressure tactics [5].
The Court of Appeal found there was no basis for the Land Court Member’s conclusion that Acland had sought to portray objectors as bigoted individuals who were only interested in spreading misinformation [6]. The Land Court Member himself concluded that some of the objectors were ready to make assertions without evidence, make submissions that were scandalous and unsupported by any evidence and as to one witness, having an anti-Acland fixation that overflowed into her evidence [6].
The Court of Appeal found that the Land Court Member’s imputation that Acland had tried to hide relevant information in relation to groundwater impacts was “irrational” [7]. While the original Land Court Member’s decision rejected Acland, it’s obvious that was not sound.
[INTERVIEWER] There was a comment that Acland tried to influence a One Nation candidate?
[SEN. ROBERTS] There was an accusation, since retracted, that our local, grassroots candidate had been wined and dined by the mine. None of these are true. I want to acknowledge Alan Jones’ strength of character in correcting and apologising for the assertion about that candidate. I thank him for that.
[INTERVIEWER] What has led to your support for Acland?
[SEN. ROBERTS] I visited Acland 3 weeks ago and worked through my extensive checklist of things I think needed to be considered.
These include: Safety & health; Water underground; water overland; water usage & supply; land use rights; constitution; aboriginal land (none at Acland); rural land quality & use; farm produce type; environment – air quality, vibrations, reclamation, noise, past performance; town services & rates; jobs and local/regional economy; infrastructure impacts; social impact; bank support; owner’s flexibility and consideration of others’ needs; government fiscal responsibility/debt;
Acland meets all of them. In fact, Acland has extensively changed its mining plan at high cost to itself to meet locals’ needs. I listened to a small group of opponents to Acland.I listened to the local community, business owners and farmers who strongly support this project.
Coal is good for this country and Acland will be good for the local area. I support the decision of the Court of Appeal and the four judges. I support Acland.Let’s get government green tape, red tape and blue tape out of the way, and get shovels in the ground and dump trucks on the road.
In a state with $100 billion of debt thanks to the Liberal-Labor duopoly we need export income and affordable domestic energy for our economic recovery and to secure our state’s future.
https://i0.wp.com/www.malcolmrobertsqld.com.au/wp-content/uploads/2020/08/Capture-1.png?fit=731%2C409&ssl=1409731Senator Malcolm Robertshttps://www.malcolmrobertsqld.com.au/wp-content/uploads/2020/04/One-Nation-Logo1-300x150.pngSenator Malcolm Roberts2020-08-05 10:39:542020-08-05 11:21:52Why I support the Acland Mine Extension
It is vital that our premier takes a tough stand on any unnecessary and risky marches/protests in our State. We can not risk going down the path of Victoria.
Transcript
It’s so pleasing to see the New South Wales Police Commissioner in response to the Black Lives Matter protests, coming out tomorrow, saying to his policemen that they must fine as many people as they can for taking part in that protest.
That’s a welcome change from Premier Annastacia Palaszczuk, who said when the last Black Lives Matter protest occurred in Brisbane, that “Please don’t attend. “But if you do then maintain social distance.”
And as a result, 30,000 people followed her invitation to maintain social distance. Premier Dan Andrew pretty much did the same and just waved them on through and encouraged the protesters
And now look at Victoria and now look at New South Wales. So what we need to see is Premier Palaszczuk in this state, take the lead from New South Wales and be hard on criminals.
The Labor Government in Queensland has a history of being soft on criminals and very hard on everyday Australians.
https://i0.wp.com/www.malcolmrobertsqld.com.au/wp-content/uploads/2020/07/Capture-3.png?fit=749%2C418&ssl=1418749Senator Malcolm Robertshttps://www.malcolmrobertsqld.com.au/wp-content/uploads/2020/04/One-Nation-Logo1-300x150.pngSenator Malcolm Roberts2020-07-28 15:45:452020-07-29 15:02:38Throw the book at Black Lives Matter lawbreakers
Over the past 12 months I have been working through an issue and story that has, at times, brought me to tears. It is about a miner, Simon Turner, who was severely injured on site doing his job. The accident left Simon totally and permanently disabled; he can never return to work. But it is also about the tens of thousands of workers across the country who could end up in the same position.
Instead of receiving the support and workers’ compensation we would expect, and that coal miners are entitled to, he has been abandoned. Instead of receiving proper entitlements such as accident pay at a full wage, he lives below the poverty line in a garage. The way this has happened has been unlawful, unjust, immoral and unethical. What we’ve uncovered is that this tragedy can happen to anyone and we must fight to have this gap in our industrial relations laws fixed.
This is Simon’s story. It is the story of how any Australian can be thrown on the scrap heap by all the people and organisations who should be there to protect us.
Simon’s injury
Simon worked for Chandler Macleod, a labour hire company who employed him at Mount Arthur, a BHP Billiton Coal Mine in the Hunter Valley. He was an active person and he recounts that he enjoyed his job. At the time of his injury Simon was working on his shift at the mine driving a coal truck.
A coal digger did not see Simon’s truck because of dusty conditions and struck his vehicle. The massive collision directly injured Simon, causing swollen L3, L4 and L5 discs in his back, a pinched sciatic nerve, pinched cranial nerve and a lateral tear in one of the discs. The lateral tear in his back leaks fluid into the spine and the resulting nerve damage goes all the way down his left leg leaving him permanently in pain. As a result, Simon’s leg collapses without notice and he deals with ongoing post-traumatic stress disorder and depression from that day.
Simon’s injuries have meant he is deemed totally and permanently disabled (TPD) and he cannot return to work.
After the accident he was taken to hospital by ambulance where x-rays were not done due to a broken machine, but a doctor indicated Simon should be off work for at least several weeks. During his return from the hospital a BHP representative asked Simon if he would meet with the coal superintendent. Simon agreed and met with him when he returned to mine site.
Pressure
In that meeting the BHP coal superintendent pressured Simon to not report his injury. He says that there have been too many Lost Time Injuries (LTIs). LTIs are reported incidents where an employee can’t come into work because of an injury.
The coal superintendent tells Simon to not report it, that BHP won’t be reporting it and threatens Simon that the way the industry is now, he won’t have a job if he does report it. Casuals like Simon have no job security.
Simon is later asked to come into his next regular rostered shift, ‘just to ensure he gets paid’. Simon goes to site and sits on a steel metal bench for four hours and does nothing. The following shift, Simon is pressured to sign a return to work program which he refuses. It isn’t clear who has made the return to work plan and it certainly hasn’t been done in consultation with Simon.
At this point Simon still has no doctor, no x-rays, no diagnosis and no idea what injuries he has suffered. In Simon’s words, ‘No one knew what was wrong with me and they wanted me to go back out into the pit and start working.’
All of these factors lead me to believe it was an unethical attempt to avoid reporting an LTI. By Simon returning to work for the four hours, even though he did nothing, the mine avoids reporting an LTI because they say he clocked in and therefore returned to work.
It is unlawful to not report a serious injury.
The flaws in the safety system
We now know that some superintendents and supervisors within the mining industry are paid a safety bonus, which is directly related to the number of LTIs that happen on their watch. The less LTIs, the higher the bonus.
The bonus system creates a perverse incentive for superintendents and supervisors to hide injuries and not report them. Simon has been a victim of this perverse incentive.
At the time of his injury Simon, like most of the employees on site, was classed as a casual/labour hire employee. Yet during the year of his injury and the surrounding years, there are no labour hire company employee LTIs reported.
Some labour hire employers are far more concerned about money than they are about people and especially people who stand up for their rights. Simon was terminated without even being told. He found out six months later indirectly through a government agency.
Some companies are known to understate the number of employees on work sites and to describe miners as ‘administration staff’ to get lower insurance premiums – if we did this what would happen to us?
Tragically, we also know that Simon is not the only affected worker. I’ve personally spoken to seven others from the Hunter region who have found themselves in similar situations and believe there are hundreds more in NSW, Queensland and WA. We aren’t talking about just broken fingers.
Their injuries were debilitating. Broken backs, legs broken in half and a myriad of severe and permanent injuries that left people trembling just from talking about them. There have also been suicides within the group. Simon recounts that, ‘I didn’t want to live … three times I’ve thought about killing myself.’
Recently, I presented a submission to the Queensland Board of Inquiry into the Queensland Grosvenor mine explosion that could have had fatal consequences. Here I pointed out to the Board that casuals are not even represented on safety committees, yet they make up such a large part of the industry today.
Mine owners like BHP Billiton and labour hire companies like Chandler Macleod don’t care about anything but money.
The loophole
Under the Black Coal Award, a worker in a coal mine is afforded accident pay and specialised treatment for injuries. However mines avoid their responsibilities by using labour hire companies for their workforce – they are cheaper and have less job security.
In some ways and in some cases, employees aren’t classed by the work they do or where they work, they are classed based on their employer. Importantly when it comes to accessing award entitlements, the employer must be in or about a coal mine. Employers like the mine owner BHP easily pass this test. However, a labour hire firm like Chandler Macleod, the one that employed Simon, is not considered in or about a coal mine and therefore the protections and entitlements don’t apply.
Some mine owners use and explicitly abuse this to avoid their responsibilities to workers like Simon Turner.
Simon worked side-by-side with BHP employees, doing the same job, on the same long-term rosters, on the same site and he came home every day with clothes covered in black coal dust. We believe the current method of classification for miners has led to hundreds of cases of exploitation – pain, poverty and injustice – and this must be addressed.
Simon has not received his accident pay or the specialised treatment he needs to live as good a life as he can with his injuries. He receives a pathetic disability payment which is below the poverty line.
Simon contacted everyone he could – the mine owner, his employer, the workers’ compensation authority, Coal LSL, the Fair Work Commission and the Fair Work Ombudsman, his local federal elected representative Labor’s Joel Fitzgerald MP, local state Labor MP, NSW Ministers, NSW government agencies and many more – all of whom ignored his calls for help.
The people and the organisations that should have cared for him did not, and you could be next.
If it had not been for people who cared like Stuart Bonds of One Nation in NSW, nobody would be standing up for Simon Turner today.
Please watch our full video with Simon to learn a bit more about his case and you will see why One Nation stood up for Simon and why we stand up for everyday Australians like you.
https://i0.wp.com/www.malcolmrobertsqld.com.au/wp-content/uploads/2020/07/MineSimon.png?fit=2250%2C1688&ssl=116882250Senator Malcolm Robertshttps://www.malcolmrobertsqld.com.au/wp-content/uploads/2020/04/One-Nation-Logo1-300x150.pngSenator Malcolm Roberts2020-07-27 18:45:002020-07-27 15:29:57Miners are being left behind by those who are meant to protect them
Mr Simon Turner was an employee of Chandler Macleod, a labour hire company, and worked at the Mt Arthur coal mine in the Hunter Valley.
The mine owner BHP and his employer called him a casual, even though he worked on the same long-term coal production roster and had the same duties and responsibilities as BHP’s permanent full-time workers, doing the same job.
After being severely injured on a mine site, Simon discovered that he was not getting workers’ injury compensation, accident pay and other entitlements that are part of the Black Coal Award.
In fact, his employer did not even classify Simon as a coal miner and instead classified him as office administration, apparently to lower the workers’ compensation premiums. Simon lost all the benefits of the Black Coal Mining Award including workers’ injury compensation.
During our investigation into the issues surrounding Simon, we uncovered a number of actions that you should take to ensure that you are being protected from similar unscrupulous practices. This checklist can help you to be sure that you are being treated fairly and are covered in case of a workplace accident:
Hi, I want to discuss a story of enormous courage and resilience that brought such anger to me and such tears. The whole industrial relations system is broken and complicit in what is happening to people. The deeper issue affects 10s of thousands of men and women, right around this country, especially in Central Queensland and the Hunter Valley.
I worked in one of the industries that this is involved with from the age of 18 to 53 and I have never seen anything like this. The exploitation, the abuse, the negligence, it’s horrific, it’s unethical, immoral, and unlawful with deliberate breaches of laws.
I want to introduce Simon Turner, who’s been fighting this for six years, and he’s going to tell us his story. And I also want to introduce Stuart Bonds, who has developed the trust in the Hunter Valley and he came to us with it and because he did listen to people, and he’s been pushing it at a time when state and federal governments had abandoned it.
BHP had abandoned its responsibilities, Chandler Macleod Group, the CFMMEU in the Hunter Valley has abandoned its people. Politicians, state and federal, labor and liberal have avoided this issue and done enormous damage. So Simon, can you tell us your story please?
[Simon]
I worked for Chandler MacLeod which is a labour hire company at Mount Arthur, BHP Billiton Coal Mine in Hunter Valley, largest black coal mine in New South Wales. I was severely injured at work, while working in dusty conditions.
I was asked by the BHP Superintendent of Coal not to report my injury, which was clearly a lost time injury. They asked me to come into work and not report my injury at all and BHP weren’t going to report it. Now my employer Chandler Macleod, they didn’t report my injury at all which they both have the same duty of care to report anyone that’s injured at work.
Now, they can’t ask someone not to come into work if they’re injured because that’s also a breach of workplace laws, which they clearly don’t care about. They just get people to do what they need them to do so they don’t record a lost time injury for the mine site.
I started at HVO and then moved to Mount Arthur open cut. I enjoyed my job, I loved it a lot. And then one day we were working in conditions that were very dusty, I was hit by the coal digger because he couldn’t see me.
Now the pit was shut down for dust we were still operating ’cause they “still had to get coal out” as they say, he did not see me as there was too much coal dust and hit a metre behind the back of where I was operating the truck and my injuries are swollen discs L3, 4, 5, pinched sciatic nerve, pinched cranial nerve and a lateral tear in one of the discs, that’s leaking fluid into my spine, and then that nerve damage goes all the way down my left leg.
My left leg collapses without any notice and I’ll just drop. I also have severe depression and PTSD caused by what happened that day.
[Stuart]
So I’m in the coal industry, so I know what’s meant to happen. But do you want to tell us what did actually happen to you?
[Simon]
Well, what happened that day, I was taken back into the first aid and emergency area at the mine site, they then called an ambulance. So I was taken to Muswellbrook Hospital via ambulance. I got there, and they assessed me. I was sucking on the green puffer whistle for pain.
They wanted to do X-rays, so a doctor came in and saw me, and gave me some medication for the pain. And they were going to do X-rays at Muswellbrook Hospital, but then they told me that the X-ray machine wasn’t working. Someone from BHP then turned up at the hospital and he waited there.
The doctor said, “Well, you can go, you got to go and have X-rays. We can’t do the X rays here, you’ll be off for a couple of weeks.” So we go back to the mine site and on the journey back in the car, I was asked if I’d go meet with the Coal Superintendent.
I said, “Yep, okay.” When we got back there, I met him in his office. He said to me, “How are you?” I said, “Pretty sore.” He said, “Listen, I don’t want you to report this. We’ve had too many LTIs.” That’s a lost time injury He said, “Don’t report it, we’re not going to report it, and the way the industry is at the moment, if you report it, you won’t have a job.”
So that’s what happened. Then, they told me to come into the next lot of rostered shifts that I had. Just come into work sign on, I’d only have to stay there for four hours and then they’d send me home and they’d make sure that I got paid. So I went in.
The following day, on day shift for four hours I sat there on a steel metal bench, did nothing. On the night shift someone came out, the fill in OCE and asked me to sign a return-to-work programme, and I didn’t even know what injuries I had, I still hadn’t had the X-rays.
No one knew what was wrong with me, and they wanted me to go back out into the pit and start working.
[Stuart]
So why do you think they wanted you to come back for the four hours?
[Simon]
Well that way, a lost time injury, what we know now is that superintendents and supervisors within the mining industry, their coal bonus is directly related in the amount payable with regards to lost time injuries, so the least lost time injuries, the more bonus they get.
[Stuart]
So lost time injuries in a day lost when the employee can’t come back into work. So when you come back to work, you’re counted as being, worked that day.
[Simon]
Yep.
[Stuart]
Even though you sat on a cold steel bench sticking stickers on hard hat.
[Simon]
I didn’t stick anything, I just sat there. I didn’t stick anything on anything. I actually-
[Malcolm]
You’re in pain
[Simon]
Yeah, in pain. And I actually I was on a fair bit of medication. I went and seen the the ambulance guy. He was on site there at the mine site full time, he gave me a heat pack, that was it, it’s all I had.
And then I never went back after that day ’cause I refused to sign the return-to-work plan because when I looked at it, I didn’t know who done it, it wasn’t done in consultation with myself. It wasn’t done with a doctor. I didn’t even have a doctor at that time.
And my employer who was supposedly Chandler Macleod, hadn’t even spoken to me, so.
[Malcolm]
Now Simon as I understand that you’ve got some graphs which we’re going to put in the video. Can you tell us about those graphs for 20… On the year of your injury?
[Simon]
The year of my injury and the year prior to that and for another two years after my injury, the statistics show for LTIs recorded in the mining industry. When I was injured and I know other people have been injured because they have contacted me, I say there were zero LTIs.
[Malcolm]
And we’ve talked to some of those people.
[Simon]
Yeah, you’ve spoken to them, and they’ll come forward and there’s a lot of people.
[Stuart]
Zero injuries at that mine?
[Simon]
In the whole Hunter Valley. Not just that mine, in the whole Hunter Valley and there is hundreds of injuries, reportable injuries, LTIs where people have not gone to work.
Now, the important thing with that those statistics are coming from Coal Mines Insurance and Coal Services because they’re the monopoly insurer for the industry. Now, when my claim has been put through, it hasn’t been put through on that. I’m not a coal miner I’m employed in the New South Wales Statutory System. So-
[Stuart]
You don’t show up in the mining statistics
[Simon]
It doesn’t show up.
[Stuart]
Under the Black Coal Award as a worker in a coal mine, I know that you’re afforded 78 weeks of accident pay under the Black Coal Award and specialised treatment for your injuries. And that’s given from the monopoly insurer, which is Coal Mines Insurance. So what did you actually receive?
[Simon]
I’ve been receiving $400 per week from two other insurers, at first started out as CGU and then change to GIO, New South Wales Statutory Insurer. So I haven’t received any of the Coal Mine entitlements of the full wage for 78 weeks.
So it’s below the poverty line, what I’ve been living on the whole time. Our Enterprise Agreement had provisions in it for 78 weeks accident pay, which is straight from the Award.
[Stuart]
Can you return to work?
[Simon]
I can’t return to work. I’ve been demmed TPD
[Malcolm]
Totally and Permanently Disabled?
[Simon]
Yeah, I can’t work
[Stuart]
So your $400 is-
[Simon]
$400 a week is for life. That’s it. That’s all I get.
[Malcolm]
That’s $20,000 a year, where you were earning about 92,000 earning less than a quarter.
[Simon]
Yeah. So and that’s… had massive ramifications. for me personally,
[Stuart]
So who’s paying? If it’s not Coal Mines Insurance, who’s paying you, who is paying?
[Simon]
The New South Wales State Government has been paying an injured coal miner from the day that I got injured and the claim was filed with CJU
[Malcolm]
And so that’s the uninsured workers?
[Simon]
Yeah.
[Malcolm]
The uninsured workers-
[Simon]
Uninsured Liability Scheme, that’s where I get paid from.
[Malcolm]
So that’s mums and dads who own small businesses and pay workers compensation, premiums are going up, they’re paying for your injury from a multinational company that’s foreign owned and avoiding its responsibilities. And that’s why your workers compensation premiums for small businesses are going up.
[Simon]
And I’m not the only one. There are a lot more people exactly employed with Chandler Macleod and worked at BHP Mount Arthur.
[Malcolm]
And we met with eight of them when we went to Williamtown near Newcastle, and we listened to 8, the bullying, the harassment, the intimidation, the injuries, were just gross. These people some of them are shattered.
[Stuart]
Yeah, we’re not talking broken fingers here, we’re talking broken backs, legs broken in half severe, permanent…
[Simon]
Bullying and harassment it’s-
[Malcolm]
And people who shake and tremble when you talk to them.
[Simon]
Yeah, there’ve been suicides, we know of suicides that have happened.
[Stuart]
The accident pays there to tie you over until you can return to work. Obviously, deemed TPD you can’t return to work, on $400 a week, running out of money, losing your house. What happened at that point?
[Simon]
Oh, that point. I was about to be evicted. I’ve been deemed TPD so I can’t work again. So I called Coal LSL to check on what long service leave I had accrued. They then tell me that I’m not accruing any because I was sacked. And I said, “Okay.” Now my employer terminated my employment a week after I was injured.
They sent a Separation Certificate to Centerlink. They notified AUS Coal superannuation in January of 16, that I was terminated. They terminated my employment to Coal LSL on the 7th of January 2016. And I find out six months later that I was sacked. I was the last person that got told I was sacked. So they tell everybody else except me.
It’s illegal to sack anyone within six months of them being injured and on workers compensation. So not only have they not paid me what I’m entitled to I’ve been paid from a policy that can’t cover me.
They’ve also sacked me and haven’t told me. On the separation certificate, they say, there’s a question on there, has a workers compensation claim been made or will one be made in the future? And they tick no, and this was filled out six months after I’d been on workers comp.
[Malcolm]
So how did you feel when you find all this stuff out and you’re about to be thrown out your house?
[Simon]
I just couldn’t believe anyone, could be so ruthless and do something like this. I just wanted to give up that’s probably why, you know, the depression and everything and that sets in, I didn’t want to live. Yeah, three times I’ve thought about killing myself.
[Stuart]
So whilst you’re on workers comp, you’re not meant to be getting your entitlements whilst you’re on it. You’re super’s meant to be paid your long service leave still meant to be accruing. So that’s how you found out that you’re sacked? That you weren’t, those entitlements
[Simon]
I found out through Coal LSL only because I rang up six months later. That’s how I found out and then I find out that none of those entitlements
[Stuart]
Were accruing.
[Simon]
Were accruing, all gone.
[Malcolm]
Okay, Simon, so let me just check with you. You were… You’ve lost your Award entitlements and protections, you’re 40% underpaid compared with your BHP employees doing the same job, same responsibilities, same duties, right next to you. And your Coal LSL Long Service Leave provisions were under reported.
And when I asked them questions about that, they had never done an audit on individuals. They – They hadn’t done an audit. And then when they did an audit after I pursued them in senate estimates, they came back and admitted that you were correct. Is that correct?
[Simon]
Correct. Everything was correct.
[Stuart]
So our entire industrial relations system is set up with a series of checks and balances, because we have a federal award and we have to make sure the awards are minimum standard.
So to check all this, you’ve got the Fair Work Commission, the Fair Work Ombudsman, you’ve got union bosses that go to negotiations, you’ve got your HR department of your labour hire companies, you’ve got mine safety inspectors, lawyers, senators the State Insurance Regulatory Authority, Coal Mines Insurance, Coal Services, Workers Compensation Independent Review Office, which is WIRO, you’ve got the media.
How many of these people have you engaged with and told them what’s going on?
[Simon]
All of them, hundreds of emails.
[Malcolm]
There’s even two more points I would raise. You forgot the Local Federal Member, Joel Fitzgibbon. Now he illustrates what was going on here, because I’ve written to him, he hasn’t responded.
[Simon]
I wrote to him six times.
[Malcolm]
You’ve written to him six times. and in the interactions we’ve had through the media, we’ve explained the enormous scale of this problem, the depth of the problem, he’s come back and said, “Roberts doesn’t know what he’s talking about. It’s just about the casual employment.”
Well, that’s a misrepresentation of what’s going on. But you’ve also got the fact that some of these players enabled this to happen, they actually created the circumstances. The Hunter Valley Branch of the CFMMEU looks like it has set this up.
[Simon]
It’s the only way, it can happen.
[Malcolm]
Yeah, it can’t happen without that. BHP have been complicit, the Chandler Macleod Group have been complicit. They have stolen part of your life from you. The CFMMEU in the Hunter Valley has done the same. Some of the bureaucrats have done the same.
[Stuart]
Well, you’re meant to have the Fair Work Commission, Fair Work Ombudsman overseeing all this, to make sure that this exact scenario doesn’t occur.
[Simon]
But it doesn’t have to get to that point. And this is what they fail to say in some and some of the media and social pages that they like to comment on. Not once have I put it in for dispute before it was voted on. They can’t say oh, you voted on it or they approved it. If it gets put into dispute before it even gets to that point, nothing happens. No one’s employed as a casual.
[Malcolm]
So the system is rotten Simon and Stuart the system is rotten. But worse, there are senior players in the system that actively make it happen. Make the corruption happen.
[Simon]
Correct.
[Stuart]
Okay, so you were talking before about putting agreements into dispute before they even get to the Fair Work Commission, to challenge them, to make sure they’re better off overall. So the union have recently contested an Enterprise Agreement which was for BHP’s in house labour hire firm.
So that was the OS agreement at Mount Arthur Coal, which was exactly the same Coal Mine that you were employed at, exactly the same Coal Mine that they have Chandler MacLeod’s still working alongside them, but it was for more money. Am I correct in saying that?
[Simon]
Yeah, the Chandler Macleod agreement pays even less than what the OS agreement does.
[Stuart]
And the OS agreement was thrown out, because it didn’t meet the better off overall test. Yet, there’s people being paid less than that working on the same mine site.
[Malcolm]
And correct me if I’m wrong. They don’t have the conditions and protections that even the OS Agreement has got in it, but that was thrown out.
[Simon]
Yep. That’s right
[Malcolm]
How does this go on?
[Simon]
Well, there’s a letter from Chandler Macleod to the CFMEU that says, “You will not take any legal action against us now or in the future.
[Stuart]
Yeah.
[Malcolm]
What?
[Simon]
I’m serious.
[Malcolm]
I was an underground coalface miner in the ’70s. in the Hunter Valley, I was a mine manager in the ’80s in the Hunter Valley, I worked in the Hunter Valley as a consultant in the 1990s and in the 2000s. There is no way on earth or even underground that the Coal Miners Union would have let this happen. What did happen?
[Simon]
Well, you would think that but basically, it’s their own business model, the union they own the labour hire company, employing casuals, started out as United Mining Management Services, and then basically progressed on to being owners within Tesa and then selling that model on to a larger company called Skilled.
And then basically endorsing EA’s with casual employment.
[Malcolm]
And the bar graph that the stacked bar graph that we’ll put on the screen here that you showed me yesterday indicated that there’s some pretty dodgy deals happening involving union bosses most likely, making money out of it.
[Simon]
Yeah. it’s … They’re business partners with the big mining companies. They basically, they own Coal Mines Insurance along with the New South Wales Minerals Council, which is all the mine owners. They’re a joint venture of Aus Coal Superannuation with New South Wales and Queensland Minerals Council.
And then you’ve got them on the boards of Coal LSL and Coal Services.
[Stuart]
So if one… We’ve see we’ve seen how easy this is to stop, I mean, you just put the enterprise agreements into dispute, they stop the OS Agreement. So we know it’s possible to happen. So if one person or one government body had done the right thing, this wouldn’t happen. This a eight billion dollar black hole doesn’t exist.
[Simon]
So there’s no external scrutiny whatsoever. They control the whole industry.
[Stuart]
They control their own oversight and auditing. So if the… So this is a mine owner, is in bed with the union, and the government’s turned a blind eye, and you have all got screwed.
[Simon]
Yeah.
[Malcolm]
So some of the mining companies want cheaper labour rates. Some of the dodgy union bosses enable that to happen, and they get a cut on it, by the side. So what we can see here is a need for an investigation of all these entities.
We’ve got Coal LSL, Coal Mines Insurance, We’ve got the State Governments Safety Inspectors, We’ve got Fair Work Commission, Fair Work Commission Ombudsman, we’ve got some politicians that we think, we’ve got union bosses all need investigating.
And what that means is that people are no longer protected by the political, by the industrial or by the unions, and they’re certainly not protected by some of these grubby companies.
What it means is that if this can happen to you and hundreds of people you know, and that we’ve met it can happen to anyone in Australia, it can happen to you.
https://i0.wp.com/www.malcolmrobertsqld.com.au/wp-content/uploads/2019/11/dominik-vanyi-Mining-unsplash-scaled.jpg?fit=2560%2C1707&ssl=117072560Senator Malcolm Robertshttps://www.malcolmrobertsqld.com.au/wp-content/uploads/2020/04/One-Nation-Logo1-300x150.pngSenator Malcolm Roberts2020-07-27 18:45:002020-07-27 20:08:21REVEALED: Shocking abuse of workers in mining industry
See the bottom of this article to get your checklist sent directly to you to ensure that you are protected from similar unscrupulous practices.
Mr Simon Turner was an employee of Chandler Macleod, a labour hire company, and worked as a coal miner at the Mt Arthur coal mine in the Hunter Valley. The mine owner BHP and his employer called him a casual, even though he worked on the same long-term coal production roster and had the same duties and responsibilities as BHP’s permanent full-time workers doing the same job.
After being severely injured onsite, Simon discovered that he was not getting workers’ injury compensation, accident pay and other entitlements that are part of the Black Coal Award.
In fact, his employer did not even classify Simon as a coal miner and instead classified him as office administration, apparently to lower the workers’ compensation premiums. Simon lost all the benefits of the Black Coal Mining Award, including workers’ injury compensation.
During our investigation into the issues surrounding Simon, we identified a number of actions that you can take to ensure that you are protected from similar unscrupulous practices.
Enter your details below and we will send you your benefits checklist.
https://i0.wp.com/www.malcolmrobertsqld.com.au/wp-content/uploads/2020/07/Mine.png?fit=2250%2C1688&ssl=116882250Senator Malcolm Robertshttps://www.malcolmrobertsqld.com.au/wp-content/uploads/2020/04/One-Nation-Logo1-300x150.pngSenator Malcolm Roberts2020-07-27 13:43:442020-07-27 14:34:55CHECKLIST: Are you a miner? Find out if you’re getting ripped off
This week I visited farmers in and around Oakey who have had their lives and livelihoods destroy by PFAS contamination from the nearby Army Aviation Centre in Oakey. One Nation is calling for affected resident to receive like-for-like compensation as soon as possible so they can get on with their lives. PFAS FACT SHEET https://tinyurl.com/ya877sqy
Transcript
Hi, I’m Malcolm Roberts and I’m a senator for Queensland, and I’m near the Oakey Army Base here in just west of Toowoomba. We’re going to show you a clip of some water flowing overland and it’s going through this water course here, and it shows PFAS contamination.
And what annoys me is that governments in this country, both liberal, national and labor, just ignore the damn data. They just completely ignore it. Now, I happen to have worked in an industry where if you ignore data, people die, so I’ve become very conditioned to data and I understand its power.
Now, the European Union has set a new limit for PFAS contamination in beef. It’s eight nanograms per kilogram of body weight, it’s much, much lower than in Australia. And, in fact, the Department of Defence and some other departments in this country don’t even recognise any damn level at all is significant.
So what happens if we continue to ignore this data, we continue to ignore the plight of people? What will happen if someone in the EU is inspecting our meat and they come across highly contaminated PFAS? The whole of our beef industry will be shut down, that’s what’s at stake.
So we need the government to come clean, look at the data and admit what they’ve been doing for 40 years knowingly in this country. I’m so sick and tired of this, and we need people here who in this country, who have been belted and smashed, livelihoods, future for their retirement completely destroyed, and the Department of Defence has known about it.
We need like for like compensation, we need those people to be relocated and we need those properties to be declared unsafe. That’s all we want, but we want people to abide by the data. For goodness sake, these are people’s livelihoods at stake, whole lives at stake.
And it’s not only the people involved in the PFAS contamination zones like this one, this is where overland flows are contaminated, overland flows are coming from the base, but it’s also mums and dads because they are not being told that some of the beef is contaminated and they’re feeding contaminated beef to kids.
It’s all over Australia, that’s what we want fixed. The people in this land, in this land here, are taking responsibility, but they need to be compensated for that, like for like compensation, and we need to have healthy, safe food levels for production in this country.
The Greens are still trying to sabotage the Adani coal mine by intimidating and bullying suppliers and service providers.The Carmichael coal mine operators have agreed to the most stringent environmental conditions of any infrastructure project in Australia’s history.
Environmental activists used every dirty trick they had to try and stop the Carmichael coal mine and failed. Adani wore the millions in court cost of vexatious and frivolous lawsuits by far left ideologues who are trying to destroy our mining industry.
(Look at the Greens) These same immoral environmental pests are now trying to interfere in the operations of the mine by intimidating and bullying suppliers and service providers to the mine.One Nation stands 100% behind the Carmichael Coal mine and the Queensland mining industry and will do everything in our power to protect their lawful enterprise.
Queenslanders need the jobs, community infrastructure and services that will come from opening the Galilee Basin.
Transcript
[Roberts]
Thank you, One Nation will oppose this motion. The Carmichael Coalmine Operators agreed to the most stringent environmental conditions of any infrastructure project in Australia’s history. Environmental activists used every dirty trick to try and stop the mine and they failed.
Far-left ideologues, trying to destroy our mining industry, forced Adani to wear millions in court costs. from vexatious and frivolous lawsuits.
[Waters]
I think they’ve got enough money.
[Roberts]
The same dishonest, immoral, anti-human environmental pest are now intimidating and bullying the mine’s suppliers and service providers to interfere in the mine’s operation. One Nation stands 100% behind The Carmichael Mine, and 100% behind Queensland’s mining industry.
And we will do everything in our power to protect their lawful enterprise. Queenslanders need jobs, community infrastructure and services that will come from opening The Galilee Basin, just as Sir Joh Bjelke-Petersen approving the Bowen Basin opened up Central Queensland.
A One Nation motion asking the Government to rule out an appeal to the Federal Court decision that the 2011 Live Export Ban was unlawful, received a majority vote in the Senate today.
Senator Roberts moved the motion after the Government indicated they would appeal the decision.
Senator Roberts stated, “This decision should ensure the $750 million in compensation is paid to farmers whose livelihoods were destroyed by the Gillard Labor Government’s decision to suspend live cattle exports in 2011.”
“I call on the Government to honour today’s commitment and ensure families who have suffered financial hardship receive their compensation without further legal delay.”
Live exports are a fundamental part of our country, our economy and vital to regional Australia.
Senator Roberts added, “No Australian industry should be closed down overnight based on falsified reports, no consultation and with indifference to people’s livelihoods.
“The Government needs to pay the compensation now and restore confidence and security to the live export sector.”
This afternoon Pauline ask Senator Cash whether the Prime Minister would fast track the hybrid Bradfield scheme, a nation-building project to help improve Queensland’s productive capacity.
While the government has committed to $72 billion in major infrastructure projects across the country, there is still no sign of the Hybrid Bradfield scheme.
Transcript
[Announcer]
Senator Hanson.
[Senator Hanson}
Thank you very much. My question is to the Minister Cash, representing the Minister for Infrastructure. On the 13th of November, 2019, the majority of coalition senators supported a notice of motion that the senate, and I quote, call on the federal government to take the necessary steps to ensure the construction of a Bradfield-type scheme can begin in Queensland as swiftly as possible.
Speaking to this motion, the government stated, and again I quote, there is no reason for the Australian government to oppose this motion. Today the prime minister announced plans to fast-track a number of infrastructure projects, yet despite the government’s plain support, there was no mention of any form of Bradfield scheme.
Why has the government chosen to leave the hybrid or new Bradfield scheme, a crucial, nation-building project they have expressed their support for, off the prime minister’s list of essential projects to be fast-tracked?
[Announcer]
The minister representing the Minister for Infrastructure, Transport and Regional Development, Senator Cash.
[Senator Cash]
Thank you, Mr President and I thank Senator Hanson for her question and in particular for acknowledging the significant announcement that the prime minister made today, as I alluded to in my previous question from Senator Antic, and the bringing forward of infrastructure projects across Australia to create around 66,000 jobs. In relation to the Bradfield scheme, I can provide you with the following information: the national water grid authority, which as you have referred to commenced operation on the 1st of October, 2019, is working with leading science agencies including the CSIRO to determine where and how water resources can be sustainably developed. This forms part of the Australian government’s commitment to invest $100 million into bringing world-best science together to identify opportunities for enhancing water supply and reliability for regional Australia. As part of this work, the authority is considering options for developing large-scale water harvesting and transfer schemes such as elements of the Bradfield scheme or hybrid versions of the Bradfield scheme to capture and transport water to both grow agricultural sector and improve drought resilience. Over the decade since it was first proposed, there have been a number of assessments on the merit of the original Bradfield scheme and more recent variations. It is important that the feasibility of these schemes are now investigated using the best available contemporary science.
[Announcer]
Senator Hanson, a supplementary question.
[Senator Hanson]
Thank you. Minister, there has been a feasibility study done on it by the Snowy Mountain Engineering Corp in 2018. Water security is crucial to all Australians especially given the horrendous drought that more than 60% of Queensland continues to endure. Why can’t the government simply give the people of Australia a firm commitment that the hybrid Bradfield scheme will be added to the prime minister’s list of projects that will be fast-tracked?
[Announcer]
Senator Cash.
[Senator Cash]
Well, thank you, Mr. President, and I would refer Senator Hanson to the answer I just gave to my previous question and my understanding is the prime minister announced certain projects today and said there’d be further announcements to come.
[Announcer]
Senator Hanson, a final supplementary question.
[Senator Hanson]
I appreciate that and I appreciate the water schemes that actually have been put in with the dams but there has been no real commitment to the hybrid Bradfield scheme which will actually bring water from going out to the ocean inland. So therefore I say to the minister, the government has been very critical of Queensland’s Labor’s failure to give a clear date on border openings, is it safe to say that because you won’t commit to a date to start this project, that the Liberal National Party have no plans to build the Bradfield scheme?
[Announcer]
Senator Cash.
[Senator Cash]
Thank you, Mr. President, and Senator Hanson I will have to reject the premise of your question, and as I said in my answer to your primary question, over the decade since it was first proposed, there have been a number of assessments on the merits of the original Bradfield scheme and more recent variations. It is important that the feasibility of these schemes are now investigated using the best available contemporary science.
