Senate debates

Monday, 25 August 2025

Bills

Fair Work Amendment (Protecting Penalty and Overtime Rates) Bill 2025; Second Reading

7:28 pm

Photo of Malcolm RobertsMalcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Hansard source

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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