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.
I will say it again. We need our economic productive capacity to be restored, we need our economic resilience to be restored, we need our economic sovereignty and independence to be restored, and we need our economic security to be restored.
Transcript
Thank you madam acting deputy president. As a servant of the people of Queensland and Australia, I support this bill. We need though, to do far more. We need to get manufacturing moving. We need to protect Australia from the risks of sources of imported goods drying up, and we need, as Senator O’Sullivan has said, jobs, jobs, jobs.
Queenslanders and Australians everywhere have heard us speak about the gaps in our productive capacity, the gaps in economic resilience, the gaps in our economic sovereignty and the gaps in our national security. That was before COVID.
Now it’s even more so, especially since COVID revealed that we did not even have enough personal protective equipment to protect our valued healthcare workers and everyday Australians. And now we have to store our own oil, our own oil in the USA because we have nowhere to store it here.
And at first we couldn’t even after COVID, we couldn’t even manufacture ventilators, but thanks to Aussie ingenuity and a personal thank you to all those innovative Australians who did step up to fill this gap. Certainly, we need the skills.
Australia needs the skills and the capability to ensure that we can protect ourselves from future health disasters and economic disasters, especially things like the prolonged border closures of, or international transport closures or blockades cut the sea transport.
And these are possibilities. We see the news of what’s happening in the South China seas. We see the growing confrontation between America and China. We need to think about our security. So this government has presented a bill for the creation of the position of national skills commissioner.
Yet we need to ensure this is not just an advisory role. Just setting up this office for four years is costing taxpayers over $48 million. And I quite often hear Liberal and Labor people and the National saying, “We’ve spend a million here, “we spent tens of millions here, “we spent hundreds of millions here, “we spent a couple of billion here and there.”
It’s not the money that matters, it’s the environment in which that money can be turned into something beneficial for the people of Australia. So we expect a return on that 48 million. A return on investment by giving the commissioner the teeth to ensure that vocational training across Australia is high in quality, consistent and competitively priced.
Training by itself is not the answer. It needs to be good, effective training. So where is the accountability between the federal funding of approximately $1.5 billion a year to the States, to the vocational providers, to ensure that our vocational trainees, get a high quality education and an affordable education that really lands them a job.
If the government is going to invest $1.5 billion per year in vocational education and training, then Australians have a right to ensure that our taxes are well spent. So we need a review of the performance of the national skills commissioner after 12 months, or possibly after three years, we need that review.
We also need to understand that it is not the commissioner who is going to get us effective training. It is not the commissioner who is going to decide what skills are needed. Government, Liberal, Labor, Nationals have shown a very poor track record of anticipating demand for specific skills.
Those decisions must be based upon what the market needs. It’s the men and women in work. It’s the men and women investing, men and women leading corporations that determine the skills we need and actually going beneath that, it’s the market that drives those skills.
And they will tell us what skills are needed to service the market. More importantly, we need to restart manufacturing in our country, and that needs more than training. It needs much more than training. It needs an integrated approach and industry and economic environment, which enables and encourages Australian investment.
How the hell can people afford to invest when energy prices are so high? How the hell can it be that we don’t have reliable, affordable, stable, synchronous electricity? We have the cheapest coal in the world, the highest quality coal in the world.
We export that to China and they produce coal far, far more cheaply at about 40%, they sell it to their manufacturers at 40% of the price we sell it. Why, because our electricity prices have doubled in the last 10 years. Why, because of Liberal, Labor and Nationals policies’ based on rubbish, a climate scam.
That is what’s destroying our manufacturing industry. Labour costs are a smaller component of manufacturing these days than they used to be. Electricity prices are significant. We’ve gone from the lowest price electricity to the world’s highest prices.
And that’s been due to regulations based not on data, but on opinions from the Liberal, Labor and Nationals governments. How can it be that China, takes our coal thousands of kilometres and sells it at 40% of the price that we sell it for?
It’s regulations, it’s government screwing with the market, it’s government screwing with regulations. Listen to some of these factors, all government driven. The renewable energy target, introduced by John Howard’s government.
The national electricity market, introduced before John Howard, if memory serves me correctly, but worsened under John Howard’s government. National energy market is really a racket, not a market. And that’s the people in Australia are paying for the prices that the retail margins are guaranteed in some states at high levels with very little risk.
The networks are gold plated because of regulations. And then we’ve got privatisation. In Queensland, our state, the Labor Party up there, and the state government uses that as a tax, $1.4 to $1.5 billion a year in tax, due to excess charges from the generators.
Privatisation, the sale of assets, is failing around the country. That is an essential asset and it’s crippling our manufacturing. It’s crippling jobs right across. Agriculture, farmers won’t irrigate because the price of water is too high. Price of pumping water is too high.
Second thing, tax, that’s part of the business environment. Multinationals in our country are going without paying tax. Any company tax due to agreements from Robert Menzies’ Liberal Government in 1953, perpetuated with the lack of tax on the North West Shelf Gas that was enabled by Bob Hawke’s Labor Government in the 1980s.
Both sides have done that. Former deputy commissioner of taxation Jim Killaly, said in 1996 and the year 2010, that 90% of Australia’s large companies are foreign owned and since 1953 have paid little or no tax. What that means is that mums and dads, families, small businesses, Australian owned businesses have to pay more tax than they need to.
It also means that the Australian businesses are at a competitive disadvantage of about 30% because they have to pay company tax and large companies have to pay company tax and the foreign companies don’t.
So taxation, we need to set a level playing field by taxing multinationals and reducing the tax burden, simplifying the tax system, having a comprehensive review of tax, because that is one of the most important factors driving the lack of investment from Australians.
We also have an abundance of regulations that are crippling, that is crippling our country. We have red tape from the bureaucracies that state federal and even local level. We have green tape driven by rampant environmentalists. We have blue tape driven by UN, and that is arguably the largest component of tape.
The blue tape, most expensive of all, put in place by Liberal, Labor, Nationals Governments. And then we have economic management. How can companies prepare? How can companies plan for the longer term, which is needed these days when we have governments, making economic management decisions purely based upon electoral electoral payoffs, not just every three years as it used to be, but now it’s an annual cycle.
Budgets are based upon bribing taxpayers to vote for that particular party. Economic management is now 12 month issue, and it’s very short-term and it’s counterproductive to good business environment. We have states now with lower accountability because competitive federalism has been white anted.
The Queensland Labor Government can sit on closing its borders and decimating our tourism, decimating small business in our state. And why, because under the Commonwealth Constitution, we are supposed to have competitive federalism yet in 1943, the income tax was stolen from the States and given to the federal government.
And now essentially more than 50% of state government expenditure is from the federal government, tied to federal government conditions and guidelines, which means effectively that the federal government is running much of what the States do.
The federal government is running much of what the local councils do around Queensland and around Australia. I was in the Balonne Shire council in 19, sorry, in 2017 in February and they told me an answer to a question of mine that 73% of their annual revenue comes from the federal government with strings attached.
Not only does the federal government tell them how to manage their local community, the federal government only has three to five year windows, which means the local councils can’t go beyond that time frame during their planning. How can local councils make a long-term plan?
This is what’s hampering governance in this country. So I plead with the government to make sure that we focus on our economic productive capacity, our economic resilience, our economic sovereignty, our economic security, our economic independence, which has been smashed by the quest for the elitist quest for, interdependence which is really depending upon others, that is a loss of dependence.
Nonetheless, this legislation will help all Queenslanders to improve our state’s economy and to repay the debt hole in which Labor Government in Queensland has buried Queenslanders. We need training, but we need jobs. We need Australian jobs.
We need Queensland jobs, especially in regional Queensland. Training is a minor component, yet an important component. Beyond that, we need to get back to basics to create the economic environment, to drive the Australian investment.
As I said, I’ll say it again, we need economic productive capacity to be restored. We need economic resilience to be restored. We need economic sovereignty and independence to be restored. We need economic security to be restored. Australia has the people, has the resources, has the opportunity, has the potential.
We just need to get back to what we had, get back to the basics. And in the basics, Australia led the world in per capita gross domestic product per capita income in the early years of our Federation. When our constitution was followed and the States behave competitively toward each other.
That’s what we need to get back to a productive environment. Thank you Madam acting deputy president.
In 2011 the Gillard Government banned live cattle exports costing farming hundreds of millions of dollars.
Recently the Federal Court ruled that the ban was invalid and the government should pay compensation to farmers.
Today the Liberal and Nationals tried to introduce a motion claiming that they support the live cattle industry.
Well, I decided to see how firm their commitment was to farmers by introducing an amendment to their motion.
Take a listen and see what happened ……..
Transcript
Hi, I’m in Parliament House, Canberra. And I just wanted to bring you up to date with something that’s happened today. It goes back to the Gillard government’s capricious ban on live cattle exporting that hurt, devastated cattle industry right around the country.
Back, well, almost 10 years ago, 2011, I think it was. Anyway, it was recently ruled by the federal court to have been invalid. And compensation is to be paid to farmers around the country. Which is wonderful news.
So, the Nationals, led by Senator Canavan, it seems, decided to put a motion in the parliament, into the Senate today. And the motion said, “That the Senate “notes the federal government’s commitment and support “for the live animal export trade.”
So, we thought, okay, before that motion gets up, we’ll add an amendment. And our amendment says, “And calls on the government “to rule out appealing the federal courts decision “that Labor’s 2011 suspension of live cattle exports “was invalid.”
In other words, we want to make sure that the government does not appeal it. And so, as soon as I stood to move that amendment, it was denied. I was denied the formality of moving that. And Senator Cormann did that. he’s the leader of the government in the Senate.
He did that. And he said, the reason was because this amendment had only arrived with him and other senators in just minutes before. Well, the reality, the truth is that it was in the Senate chambers on every desk an hour and a quarter before. An hour and a quarter.
Plenty of time to consider it. So, what I noticed was, as soon as I sat down, Senator Canavan jumped to his feet, and said that he wanted to make a short statement. And that short statement said that he was talking with the government about not appealing.
So what we’ve done is we’ve forced them to recognise that they should not appeal. But we’ve had Senator Cormann contradict the truth. And we’ve had Senator Canavan apparently reacting to this. So that’s yet another way we get things done in parliament, even when they tell us to shut up.
I joined Peter last night to discuss opening Queensland borders, #AllLivesMatter and troubles in the fishing industry.
Transcript
[Gleeson]
All right, there’s no doubt the Queensland government’s hard line stance on border closures has caused widespread backlash and anger among businesses in the tourism sector. Joining me now One Nation Senator, Malcolm Roberts, Malcolm, thanks for joining us. What is in the ground from your constituency, when it comes to these border closures?
[Roberts]
I’m hearing that they want the truth, Peter. That’s what they want. And they want to see a premier with a plan. And a premier that doesn’t roll back and just rely upon the Chief Medical Officer and leave her with all the heat.
They want a premier who can come out and tell the truth and I don’t think they’re ever gonna get that from this Queensland Labor Government. It just doesn’t trust people. That’s one of the issues here that we can explore later, if you like.
The lack of trust in the people because countries that have done really well on handling COVID much much better than Australia. Taiwan, for example, has kept its economy healthy, because it’s isolated the sick and it’s isolated the vulnerable and the rest continue to work and they’ve had a fraction of the deaths that we’ve had because they’ve isolated the sick and the vulnerable. Paluszczuk has done the reverse.
She’s isolated everyone, and that’s insane. And so people have had enough of this.
[Gleeson]
Malcolm, let’s talk about your leader Pauline Hanson’s motion earlier today. All lives matter is the motion. Now, it’s caused quite a fair bit of controversy in the Senate, but it’s also garnered a lot of support. What are you saying about that particular motion?
[Roberts]
I say exactly what she said. And that is that the other parties the other politicians in the senate are gutless. They have no regard for lives. Look I’ll tell you something, Peter. Yesterday we were here and we heard so many speeches, Pauline had a matter of public importance.
And it was about this topic and about law breakers who are violating the law by protesting, and many, many of the liberals came out and said “all lives matter.” But today, they were afraid to do that. And we think it’s because the Liberal Party is split some are woke and some are decent people.
Labor Party Senator Helen Polly from Tasmania tweeted “all lives matter,” just a few days ago. She got eaten alive in her party. And she withdrew it from Facebook. I mean, what is the matter with this country? What is the matter with the so called leaders of this country, Peter?
When we can’t even say all lives matter in one of the two main parties and half the other people in the other party are split It is just insane, all lives matter.
[Gleeson]
Malcolm, the Prime Minister has said that anyone who goes out and protests this weekend should be charged. Are you hopeful that police will actually act on what the Prime Minister is saying?
[Roberts]
Why even, Palaszczuk up in Queensland, she encouraged them, encouraged protesters last week, Peter I think she said something like, “You shouldn’t protest, but if you do, “then make sure you maintain social distancing.” I mean, how ridiculous is that?
That is encouraging people to social distance if the top of the state government, the Premier actually actively encourages protesting what hope have the police got of enforcing it? No they won’t, they’re gutless just like Andrews down in Victoria Berejiklian tried but the courts swept away from her.
So no I don’t have any faith in the government system backing the police and when the police won’t be backed, what can they do? The police in Queensland are fine generally speaking, they’re wonderful people, they do their job. They are loyal, and they’re efficient and effective.
But when the top of the tree gives up, then you’ve got anarchy on the march.
[Gleeson]
Just quickly Malcolm, what’s the latest on the fishing reforms that you guys are pushing?
[Roberts]
I don’t know where they’re actually at in the Queensland parliament, but we’re just trying to build up a head of steam by listening to a lot of fishermen. And so what we, for example, there’s a fisherman who has been fishing many many years in Rockhampton.
He’s had a 75% cut in his income before COVID and he’s now trying to survive on $10,000 a year. These people are working their guts out. They know fishing, they’re very practical people, but instead of them running their businesses and instead of them running their industry, bureaucrats in West End in Brisbane are running the industry.
They’ve got excessive no-go zones. They’ve got excessive limited zones. Do you know that in the Barrier Reef according to the World’s Institute for Reef, they say that the limit for a reef like the Great Barrier Reef is 15,000 kilograms per square kilometre catch per year, Queensland has nine kilograms that’s less than 0.06%.
[Gleeson]
Extraordinary
[Roberts]
It’s a fraction of 1%. This is an enormous resource. It’s a renewable resource. we’re importing 80% of the seafood we eat and exporting some of the food.
[Gleeson]
Senator Malcolm Roberts, great to see you tonight. Thank you for joining us, much appreciated.
https://i0.wp.com/www.malcolmrobertsqld.com.au/wp-content/uploads/2020/07/PeterGleeson.png?fit=547%2C302&ssl=1302547Sheenagh Langdonhttps://www.malcolmrobertsqld.com.au/wp-content/uploads/2020/04/One-Nation-Logo1-300x150.pngSheenagh Langdon2020-06-13 11:49:002020-07-09 12:25:53Malcolm Roberts and Peter Gleeson 12 June
