I asked officials from the Department of Employment and Workplace Relations (DEWR) if they were aware of the second reading amendment, which requires the government to investigate wage theft in the Hunter Valley. This issue could potentially involve up to $1 billion, impacting around 5,000 miners with losses estimated at $40,000 per person per year.
The officials confirmed their awareness but were unable to specify when the minister had been informed or if any plans or discussions had been initiated to advance the investigation.
Transcript
Senator ROBERTS: My first set of questions relates to a recent Senate second reading motion to a Fair Work Act bill. The motion requires the government to conduct an investigation into massive wage theft occurring in the coalmining industry. I will read the motion. The part that is relevant states:
but the Senate:
(b) requires the Government to investigate claims that casual miners working under enterprise agreements in the black coal mining industry are, and have been, underpaid; and
(c) if underpayments are found to have occurred, facilitate the reimbursement of the underpayments;
Ms Yanchenko: Thanks. We’re certainly aware of that motion.
Senator ROBERTS: This is Australia’s largest wage theft case, totalling possibly over $1 billion and involving thefts of up to $40,000 per year per miner, stealing from 5,000 or more coalminers. When was the Senate’s second reading amendment to your government’s latest Fair Work Act amendment bill conveyed to the minister?
Mr Manning: I am not sure, in the sense that we wouldn’t necessarily have conveyed it to the minister.
Ms Yanchenko: We were watching along in real time.
Senator ROBERTS: Did you convey that to the minister?
Ms Yanchenko: I didn’t personally, no.
Senator ROBERTS: Is it possible to find out when the minister—
Mr Manning: When he first became aware of it?
Senator ROBERTS: Yes.
Mr Manning: We will have to take that on notice.
Senator ROBERTS: That is fine. I don’t expect you to know everything; most things, but not everything. I take it then that no discussions have been held between the minister and the department?
Mr Manning: We are still thinking through our advice to the minister; so, no, not yet.
Senator ROBERTS: Has the department received or made any instructions?
Mr Manning: We haven’t yet given advice or a submission to the minister about the motion. We are still working through it.
Senator ROBERTS: So you haven’t made any instructions to him or given him any advice?
Mr Manning: Not as yet.
Senator ROBERTS: Has Minister Burke discussed with you the nature of the investigation the Senate required him to make into wage theft involving Central Queensland and Hunter Valley miners?
Mr Manning: No, not yet.
Senator ROBERTS: Have any of your staff raised it with you?
Ms Wettinger: At this stage we haven’t discussed the matter with any of the minister’s staff, no.
Senator ROBERTS: Who do you expect will have a role in the investigation?
Mr Manning: It is too early to say. There is a long history to the matter—
Senator ROBERTS: A very long history.
Mr Manning: So that’s what we are considering in terms of getting ready for those discussions and that advice to the minister.
Senator ROBERTS: Minister, what would you expect of a fair and independent investigation?
Senator Watt: That it be fair and independent.
Senator ROBERTS: What would characterise a fair and independent investigation?
Senator Watt: I think everyone understands what those concepts mean. I know you have an interest in the conditions of coalminers. Have you caught up on the good news about the first decision or agreement resulting from our ‘Closing Loopholes’ laws?
Senator ROBERTS: I am aware that there is an agreement in application.
Senator Watt: I think there might even be a couple, actually.
Senator ROBERTS: I am aware of two.
Senator Watt: It is good news that we are seeing coalminers receive what they are entitled to as a result of our legislation. I don’t think you voted for that legislation, Senator.
Senator ROBERTS: We’ll hear more about that. I have already told you why publicly, Senator Watt.
Senator Watt: It is delivering more money to coalminers.
Senator ROBERTS: I’ll have more to ask you about that tomorrow, with glee.
Senator Watt: Sure.
