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Labor’s Legacy of Failure

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One Nation backed Senator Kovacic’s call for action on CFMEU corruption, criticising Labor for failing to deliver on its promise to clean up the union. Fifteen months after pledging reform, the government has instead seen its own anti-corruption appointee sacked over bribery allegations.

Meanwhile, violence and criminal influence within the CFMEU remain. Recent media reports reveal bikies and gangsters still hold significant power inside the union. Labor made this possible by abolishing the Australian Building and Construction Commission (ABCC) in 2022—no surprise, given the CFMEU is one of Labor’s biggest campaign donors.

On top of corruption, Australia faces its largest wage theft scandal: over $1 billion allegedly stolen from coal miners in Central Queensland and the Hunter Valley. Thousands of workers have lost entitlements and protections, with some owed more than $200,000.

CFMEU bosses colluded with labour hire firms and mine owners, stripping miners of rights while regulators looked the other way. The union’s influence even extends to boards controlling insurance and leave schemes, creating deep conflicts of interest.

Transcript

Firstly, One Nation wants to thank Senator Kovacic for her matter of public importance. I will quote it: 

The Prime Minister promised to tackle CFMEU corruption, yet 15 months later one of the very people hired to stamp it out has been sacked over allegations of bribery and corruption, demonstrating that Labor’s mismanagement is only protecting the problem, not fixing it 

One Nation agrees, because we support workers. We are the workers’ party today. Labor has had many conflicts of interest in its dealings with the CFMEU over many, many years. It abolished the Australian Building and Construction Commission oversight in 2022. Labor gave the CFMEU free rein to just go for it. Channel 9’s 60Minutes program on Sunday showed that violence is continuing as usual from union bosses involved in the CFMEU despite the administrator. Here are some quotes. ‘The people who were running it are still running it, not the administrator.’ ‘The CFMEU remains a harbouring ground for criminals and thugs.’ ‘They are untouchable.’ ‘Bikies and gangsters still have a strong reach into the CFMEU and they thrive within the CFMEU.’ Thugs have a stronger position now within the CFMEU than before the administrator was appointed.’ 

The CFMEU is a major donor to Labor’s election campaigns. Now consider Australia’s largest wage theft case, with casual coalminers in Central Queensland and the Hunter Valley losing their entitlements, losing their pay and being grossly underpaid. I want to thank Stuart Bonds from the Hunter for raising it back in 2019. We’ve been pursuing it ever since. That’s because I have been a coalface miner. There are 5,000 to 10,000 victims of the CFMEU in Central Queensland and the Hunter Valley, individual miners owed as much as $211,000, some more than $40,000 per year. It’s more than $1 billion in wage theft, with workers stripped of protections, workers’ compensation bypassed, coalminers insurance out, safety complaints not followed through and workers stripped of entitlements, long service leave and leave in general. 

There is a web of conflicts, with the boards of Coal Mines Insurance, Coal LSL and Coal Services all having 50 per cent members directors of the CFMEU. It gives them access to miners’ contact details. All of this was due to collusion of the CFMEU union bosses at the time, maintained now by the mining and energy union, in collusion with the world’s largest labour hire firms and large foreign mine owners, which the Fair Work Commission endorsed and approved. Now the Fair Work Ombudsman is saying that it will assess whether or not it is wage theft against the new enterprise agreements that were passed as a wage scam, with the CFMEU leading the way. It’s disgraceful! 

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Australia’s Largest Wage Theft – Finally Acknowledged

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Six years ago, I exposed a $1.3 billion wage theft scandal involving BHP, multinational labour hire firms, union bosses, and the Fair Work Commission. Casual coalminers were underpaid, stripped of entitlements, and betrayed by those meant to protect them.

Despite ridicule, I persisted. Now, the truth is accepted—but the workers still haven’t been fully compensated. Labor ignored One Nation’s equal pay bill, that would enable the back payment of stolen wages, then copied some of it under pressure. Labor’s Bill did not seek the reimbursement of the stolen wages which had been enabled by the unions in cahoots with dishonest employers.

Labor continue to protect union donors and multinational corporations to the detriment of honest workers.

One Nation stands alone in fighting for justice, recovery of the stolen wages, and accountability. We won’t stop until every coalminer is paid what they’re owed.

Transcript

It’s ironic that six years after me first raising in the Senate the issue that BHP and other multinational mining companies, together with labour hire companies, colluding with the coalmining union bosses and the Fair Work Commission, perpetrated Australia’s largest case of wage theft. An estimated $1.3 billion was ripped off workers.  

I first raised this in July 2019, together with clear breaches in statutory provisions for workers compensation, leave, long service leave and other provisions. I was met with ridicule. Slowly, with my persistence and solid data as evidence, my claims were increasingly accepted and now are accepted. Yet here we have before us yet another Fair Work Act bill, yet another change to the Fair Work Act. While we support this bill, I raise concerns with the Fair Work Act itself yet again. 

Getting back to BHP and the CFMEU colluding with the labour hire companies, stealing wages and conditions from workers that the government is finally recognising is wrong, I am wearing down my opponents in parliament and the bureaucracy, in one of Australia’s largest and most powerful unions, in one of Australia’s most powerful industries, in some of the world’s largest mining companies and in the world’s largest labour hire firm, Japan’s Recruit Holdings. Who would have thought that the Labor Party, formerly touting itself as the party of the worker, could actively cover up theft from workers? Who could have thought it? What about Labor colluding with major multinational mining corporations, major multinational and Australian labour hire firms and major union bosses to hammer, abuse and steal from Australian workers? These are workers who keep the lights on and who earn export income for what oscillates between Australia’s largest and second-largest export income earner, the coal industry. Labour hire companies, particularly in coal mining, have been consistently underpaying miners to rip off and abuse casual workers who are really working regular full-time hours with the full knowledge and agreement of the CFMEU and MEU bosses and employers. They are stripped of award protections, conditions and entitlements. 

I introduced the first equal work, equal pay bill. Labor did not vote for it. They did not support it, saying they would introduce their own. Eventually—a long wait—we shamed Labor into doing their equal work, equal pay bill. They followed One Nation. Equal work for equal pay should be a norm, yet what about the millions—an estimated $1.3 billion—owed in back pay to those who are ripped off? What about them? Some workers were shortchanged more than $40,000 each per year. One complaint lodged with the Fair Work Ombudsman recently as a result of my work revealed a worker is owed $211,000 for years of back pay. It’s wage theft. These workers deserve to be compensated for their years of being underpaid. It’s a rort that goes back to 2014 and has its roots in the Rudd-Gillard Labor fiasco, with former minister Shorten in 2010 overseeing changes in coal-mining long-service leave provisions, making it possible to hide the other breaches of industrial law in the coal sector. They were hidden until I applied the spotlight relentlessly for 6½ years. When will this Labor government go all the way to compensate those workers, whose losses the union bosses should have stopped, not enabled? When will this Labor government go all the way to compensate those whose losses the Fair Work Commission should have stopped, not approved? 

Two entities, the CFMEU/MEU bosses and the Fair Work Commission, who should have protected Australian workers, in fact enabled Australia’s largest wage theft from honest workers and then vigorously denied it, thereby helping to cover it up. They were hiding the rip-off of workers to make large multinational labour hire firms in the world’s largest mining company unlawful profits that are exported overseas. The profits are exported. How? Those coalminers had worked under an award that did not allow casuals to work in the black-coal industry. The CFMEU then negotiated an enterprise agreement that included casuals who were grossly underpaid. Their employers and the Fair Work Commission went along with this, even though the better off overall test was not satisfied. This legal requirement was boldly sidelined and breached. The union entered into a secret agreement with the employer to not represent the workers seeking a remedy with the employer. The union signed away its rights to protect workers. It was part of the shabby agreement. 

As a former underground-coalface miner and union member and as a former coalmine manager and coal-mining executive, I was absolutely stunned and disgusted at the bold exploitation of Australian workers. I was determined. I remain determined, and now I’m encouraged. Yet, after six years, those coalminers still have not received their fair compensation. One Nation will continue to be the only party that pushes for repayment to those coalminers of their stolen wages. 

When I first met with workers in the Hunter, way back in 2019, I drafted three aims for guiding our work that I anticipated would push us against roadblocks from the perpetrators of Australia’s largest wage theft. I will state these aims again: to recover the lawful and moral entitlements of casual coalminers; to stop these abuses across the coal industry; and to expose and punish the guilty. These three aims continue to guide us. Why does this Labor government continue on a path that ignores those ripped-off coalminers? Who are they protecting? Labor is protecting union bosses and what is one of the largest donors to Labor election campaign funds—the CFMEU, now the MEU. Labor is protecting the world’s largest foreign multinational labour hire corporations supplying casual workers to government contracts, costing Australian taxpayers billions of dollars. This is big money. Labor is protecting the world’s largest multinational mining corporations, lacking the integrity and nous to negotiate legal agreements with workers. Labor is protecting its Fair Work Commission. 

Despite these huge and powerful forces, One Nation is making progress in giving casual miners tangible hope and the real possibility of compensation. The Fair Work Act is not fit for purpose. Industrial relations needs to return to protecting workers and employers, particularly small business. But it must protect workers. Workers are no longer protected in this country under Labor. One Nation is the only party now protecting workers. 

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MEDIA RELEASE: Unions champion Senator Roberts’ call to ditch mandatory vaccines

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Senator Roberts calls for the National Cabinet to reverse its decision to force the COVID vaccine onto aged care workers.

Threats of a staff walk out against the vaccine is gathering momentum as NSW Health Services Union asks Governments to ensure the vaccine is voluntary.

Senator Roberts said, “My office has been flooded with calls and emails from aged care workers and many have said they will walk off the job before the September vaccination deadline.”

Members are approaching the union on a daily basis saying that they will walk out, leading to NSW Health Services Union Secretary Gerard Hayes voicing his concerns that the mandate could lead to ‘a major workforce crisis’ in the aged care sector.

The official advice on vaccines for expecting mothers has also ranged from caution to complete avoidance.

Senator Roberts added, “The government’s track record of inconsistent and confusing advice on the vaccine, which has bypassed Australian testing and gained the TGA’s provisional approval in an absurdly short period of time, it’s no wonder many people in the community are cautious.”

“Forcing people to choose between the mandated vaccine and a job – livelihood – is no way to address people’s concerns,” he said.

The government has provided indemnities to GP’s administering the vaccine and to vaccine manufacturers. 

Senator Roberts added, “If aged care employers aren’t willing to give an undertaking that they will compensate employees for any negative vaccine side affects how can any employee have confidence in this mandate?”

“Why should the Government not indemnify employers?”

“I support all Australians accessing their rightful informed consent regarding the vaccine. If we allow Governments to entrench a two-tier system of citizens based on vaccination status through mandatory edicts, this becomes a short path to medical tyranny,” he said.

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What we need to fix Industrial Relations

The biggest problem with the current Industrial Relations system is that it is too complex for most employees or Mum and Dad businesses to understand.

Complexity only helps fill IR lawyers’ pockets and make union bosses look busy. We need to simplify the entire IR system to restore the country’s productive capacity.

Transcript

Good news, Pauline and I have had a victory already in the industrial relations negotiations. Good industrial relations legislation is fundamental to rebuilding the productive capacity of Australian business. And for that we need to restore productive workplace relations between employees and employers.

That’s fundamental. The government claims its legislation, which will be before the Senate in March, will bring reform to create jobs and stimulate economic recovery after government-imposed COVID restrictions. I’m consulting with union bosses, industry groups, small business and many other groups on the government’s proposed bill.

My initial summary is that there is a long way to go yet, to get our support on the legislation. The stakeholders that I’ve listened to so far do not believe the legislation, as is, will deliver on reform, job creation, or economic recovery. For any chance to stimulate recovery and protect jobs, we need real improvement.

First and foremost, I’m passionate about positive employer-employee relationships and a fit-for-purpose IR system. From my experience my aims for real industrial relations reform include:

  • Firstly, protecting honest workers.
  • Secondly, protecting small business.
  • Thirdly, restoring our country’s productive capacity.

In summary, my view of the proposed legislation is that I do not support:

  • Firstly, complex legislation that is beyond the average small to medium business to understand and manage.
  • Secondly, more money being diverted to the IR club, the lawyers, the IR consultants, the union bosses, and industry associations, who profit from complicated legislation.
  • Thirdly, any change to the better off overall test, or the BOOT test, it needs to be left as it is to protect workers.

When we told the government we could not accept changes to the BOOT test, they backed down and agreed to leave it as it is. One Nation does support: Scaled back simple fit-for-purpose IR legislation. A better deal for small business.

IR legislation needs to be made more accessible for this vital sector of our economy, the biggest employer in Australia. Thirdly, a clearer definition of casual and the right to remain as a casual with appropriate casual loadings. And fourthly, protection of casuals’ back pay entitlements without double-dipping.

As I’ve already said, one of the most important elements of IR should be the employer and employee relationship, without the interference of the IR club. I’ve made a submission to the inquiry on the industrial relation legislation, and I’ve contributed to questions at the hearing in Townsville.

And it was pleasing to hear that even the union bosses are fed up with the excessive complexities in industrial relations and the need for lawyers. They wanna get rid of lawyers. There must be a better way and it’s time for a change. We know that small to medium sized businesses have suffered the most under government-imposed COVID restrictions.

And One Nation is committed to a better deal for small business and honest workers. While IR is a key piece of the bigger picture Australia needs for lasting economic recovery, of more importance are energy security and energy affordability, investment in skills development and a fair, honest and transparent tax system for individuals and businesses, and eliminating overregulation.

One Nation continues to listen to stakeholders to ensure we can bring about the improvements that are needed to make the legislation more useful for Australia’s economic recovery. Better for business, better for jobs, and better for honest workers.

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Bill “trashes” casual regime for small business: One Nation

This article is re-published with the permission of Workplace Express.

Pauline Hanson’s One Nation says the Morrison Government’s Omnibus IR Bill is “sadly lacking” on a range of key measures, including proposed changes to casual employment and the Better Off Overall Test. 

The party’s IR spokesperson, Senator Malcolm Roberts, has called for substantial amendments to the Bill, arguing it will “hurt many businesses and affect the working conditions and take-home pay of many everyday Australians”. 

The senator says in a submission to a Senate inquiry into the Fair Work Act Amendment (Supporting Australia’s Jobs and Economic Recovery) that the changes are aimed mostly at big business and the “IR Club” rather than small to medium employers. 

“We do not see genuine reform,” he says. 

“This is more words in legislation, more rules and more vagueness in complex definitions. 

“The outcome of this Omnibus IR Bill is that it will not create certainty for people who just want to get back to work. 

“It will add to the complexity of business life. 

“Australia’s industrial relations system no longer serves employers and employees; it serves the people who benefit from its complexity. 

“The IR Club, the class action lawyers, union bosses and the big employer organisations all earn money which could be better spent by employers and employees on securing jobs and income.” 

With Labor and the Greens opposed to the Bill, its fate looks set to turn on the votes of five crossbench senators – Jacqui Lambie Network’s Jacqui Lambie, PHON’s Pauline Hanson and Malcolm Roberts, Centre Alliance’s Stirling Griff and South Australian Independent Rex Patrick. 

Senator Roberts, a former coal mine manager and engineer, has long complained that big employers have abused casual work arrangements in the coal industry through the use of long-term labour hire arrangements (see Related Article). 

The Bill’s proposed definition of casual employment determines an employee’s status based only on the original offer made to the employee, without taking into account “any subsequent conduct of the parties”. 

Senator Roberts argues in the submission that IR Minister Christian Porter is “trashing the ‘long term flexible but predictable’ casual employment arrangements that suited many small business employers and employees”. 

He is doing so, he says, because of abuse by “big business”, citing as an example labour hire arrangements in the coal mining industry. 

Senator Roberts says the legislation will mean that a person is a casual employee if the employer makes an offer of employment on the basis of no firm advance commitment to continuing and indefinite work according to an agreed pattern of work. 

“It is arguable that a consequence of these provisions as they are envisaged is that, if an employer does not make an offer in the exact terms (be it in writing or orally), the employee will, at law, be considered a permanent employee as they will not fall within the definition of casual employee. 

“Many employers, especially small business employers, are unlikely to offer casual employment to a person in such clearly defined terms. 

“This is particularly the case when an offer of employment is made orally which is more common than formalised employment arrangements.” 

The senator says that an employer might consider they have offered casual employment but, if they have failed to meet the prescriptive terms, that employment will be permanent by default. 

“This is likely to lead to significant confusion among employers and employees about their employment relationship and the entitlements that derive from the characterisation of the relationship,” says Roberts. 

“Conversely, an employee who falls within the definition of casual employee at the commencement of employment but whose nature of employment subsequently changes, is nonetheless deemed to continue to be a casual employee. 

“While casual work is not for everyone, rewriting it as the Government has done may have many unintended consequences for everyday Australians, such as pay cuts and rosters that change from week to week to protect the employer from creating a ‘firm advanced commitment’.” 

BOOT change also problematic

Senator Roberts also argues against the Bill seeking to allow a two-year window for the FWC to approve enterprise agreements that do not meet the BOOT where the employer has been affected by the pandemic. 

He says the Fair Work Act already allows the Commission to approve an agreement that does not pass the BOOT if it is satisfied that, because of exceptional circumstances, the approval of the agreement would not be contrary to the public interest. 

The proposed change is an “unnecessary amendment and, furthermore, significantly dilutes the fundamental protection of the BOOT.” 

“I propose that the government keeps the BOOT as it is and ensures that the FW Commission has better governance to review and to improve agreements – due diligence not a rubber stamp.” 

Senator Roberts also calls for the Morrison Government to:

  • create a dedicated small business award or enterprise agreement;
  • simplify the small business code and reduce the maximum compensation payable by small businesses in dismissal cases from 6 months to 3 months;
  • review and rewrite the entire Fair Work Act and IR structure, after the two-year deadline for the flexible arrangements expires in about 2023;
  • focus the efforts of FWO inspectors primarily on solutions rather than penalties; and
  • introducing longer-term greenfields agreements for “tier 2” Australian construction companies.

Pauline Hanson’s One Nation submission to the Senate inquiry into the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020, February 2020

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