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CFMEU Mining and Energy COMMONCAUSE Strong Union. Safer Workplace. www.cfmeu.com.au www.ourjobs.org.au VOL 81 NO. 1 FEBRUARY/ MARCH 2015

Reopening Norwich Park coal mine – from BHP secret internal briefing paper for BHP:

“….. the success of the project will be dependent on being able to operate the mine efficiently while using labour that is paid significantly less than is currently the case at surrounding existing operations. A strong desire has been expressed that labour should be sourced from lower paying areas outside of Queensland (Adelaide, Melbourne for example). They are likely to try and leverage off the labour model used at Norwich Park to generate lower cost labour models at their other operations.” REGISTERED BY AUSTRALIA POST PP 243184/00025 POST AUSTRALIA BY REGISTERED Helping industry return their workers home, healthy and safe every day.

In 2013-14, Coal Services partnered with industry to ensure a safe workplace and a healthy workforce. Mines Rescue • 550 skilled Brigadesmen response ready and around 60,000 training hours dedicated to building safety leaders for the NSW coal industry.

Coal Mines Insurance • Paid $71.8 million towards compensation and treatment costs to support injured workers through their injury recovery and return to work.

CS Health • Completed 11,457 pre-placement and periodic health surveillance medicals to monitor the health of the workforce and protect against occupational disease.

Regulation & Compliance • Conducted respirable and inhalable dust sampling on 4,660 workers across every coal mine sites in NSW, including surface and underground operations and coal handling plants.

www.coalservices.com.au

2014 Issue 04 - CSPL Stats.indd 1 25/07/2014 12:26:00 PM General President Tony Maher Reports CFMEU’s key role in Queensland and Victorian election wins

hanks to the magnificent and the systematic destruction of our now in the Queensland Parliament role played by members of mining communities. committed to a fair go for our mining Tour CFMEU, the people of When Newman surprised everyone communities, we reserve a special Queensland and Victoria can look with his early election call during the mention for two from our own ranks, Summer holidays, our Queensland Jo-Ann Miller and Jimmy Pearce. forward to a brighter future with the District hit the road running by issuing a Jo-Ann was one of the seven removal of the LNP governments in Fair Go Pledge for mining communities. Labor MPS who survived the last anti- these States. It became a key campaigning tool in Labor landslide. She represents the Make no mistake about it – our the regional electorates. It called on the Ipswich community, the birthplace of Union members played a key role on community to “tell local candidates that Queensland’s coal industry. She comes the ground in delivering these election if they want us to put them first….they from a long family line of coal miners victories. In both States, the LNP must commit to putting us first”. and did an outstanding job as the slandered the CFMEU with all sorts of The Fair Go Pledge for regional Shadow Minister for Mining in the past outrageous accusations in an attempt communities called on candidates to few tough years. She has chosen to be Helping industry return their workers home, to demonise the entire trade union publicly commit to: a member of our Union and is now a movement and scare people away from • Secure permanent jobs available senior Cabinet Minister. voting Labor. to all and an end to discrimination Jimmy Pearce is a former healthy and safe every day. But the public proved too smart to against local employment. underground coal miner and Lodge fall for it and saw these scare tactics • Contract and labour hire limited leader in our Union. He served over 20 for the desperate fraud the LNP to genuine peaks and flows in years in State Parliament before retiring In 2013-14, Coal Services partnered with industry to ensure a safe governments were trying to perpetrate. production. a few years ago. In the time since While the Victorian election result • Freedom of Choice for FIFO workers then, Jimmy worked as a Community workplace and a healthy workforce. consigned the LNP as a rare one-term to move their families into our Advocate with our Union before government, the Queensland outcome communities. deciding to re-enter the political fray Mines Rescue was the most spectacular in Australian • Investment in apprenticeships and after Labor’s last election debacle. But history. Reduced to just seven MPs traineeships to build skills, provide Jimmy chose no easy road. He put his • 550 skilled Brigadesmen response ready and around 60,000 training hours dedicated to building out of a Parliament of 89 at the last opportunities for young people and hand up for the seat of Mirani, held safety leaders for the NSW coal industry. State election, the worst in Australia’s prevent future skills shortages. by the LNP since 1947 withstanding history, it was expected it would take a • Mining companies and camp owners even the Labor onslaughts of the Goss series of elections for Labor to stand a support for businesses in local towns. and Beattie years. But Jimmy won it Coal Mines Insurance snowball’s chance in hell of re-election. • Fairer investment in our regional handsomely for Labor. He is also a Life community and social infrastructure. Member of our Queensland District. • Paid $71.8 million towards compensation and treatment costs to support injured workers through That Labor recovered so dramatically is due to the hard and Within a few days some 22 We are confident that with people their injury recovery and return to work. consistent work done on the ground candidates from Labor and the Katter of the calibre and commitment of Jo- Australia Party signed up. Not a single Ann and Jimmy and many of the their by many organisations, including our LNP candidate did. Of the 22 who colleagues, that Queensland is facing a CFMEU members in mining, energy signed our Union’s Fair Go Pledge, brighter future and we look forward to CS Health and construction. 14 were elected. working with them to deliver a fairer go • Completed 11,457 pre-placement and periodic health surveillance medicals to monitor the health of For us the stakes were high. The While we congratulate all who are for all Australians. the workforce and protect against occupational disease. Newman Government delivered carte blanche for big business interests like BHP. It facilitated aggressive companies Regulation & Compliance in their attacks on workers and our • Conducted respirable and inhalable dust sampling on 4,660 workers across every coal mine sites communities. This was especially so in regional Queensland and it is here that in NSW, including surface and underground operations and coal handling plants. our Mining and Energy members played a decisive role in campaigning. Congratulations to our Queensland members who stood up and rallied community support for a fair go from mining. All credit to those who exposed and fought the attacks on New senior Cabinet Minister Jo-Ann Miller Jimmy Pearce pictured with his signed Fair www.coalservices.com.au mineworkers jobs, our rights at work pictured with her signed Fair Go Pledge. Go Pledge.

VOL 81 NO.1 FEBRUARY/ MARCH 2015 COMMON CAUSE 3

2014 Issue 04 - CSPL Stats.indd 1 25/07/2014 12:26:00 PM General Secretary Andrew Vickers Reports Cost-cutting mining bosses a real danger to workers safety and health

s our industry mourns the tell of employees who have been year’s Sona coal mine disaster in Turkey loss of another coal miner directed to change statements on that took the lives of 301 workers. Akilled on the job, it is time incidents that have occurred. In all these cases it was the to reflect on the recent spate of This attempt to impose a climate of ruthless drive for profits at the expense fatalities and accidents that are fear on the workforce undermines our of people that killed these miners. occurring as mining bosses put very health and safety. It is all very well Our Union is telling our members massive pressure on all workers to for the corporate chiefs sitting safely to never compromise on safety. If cut costs and boost production. in their ivory towers to pressure their something does not feel safe, don’t With the death of 50-year old underlings down the company chain be pressured into doing it. If you are Stephen Cave at Anglo’s Dawson mine to cut corners and save on costs. But involved in an accident or an incident, in Central Queensland on 16 February, it is our members and others at the report it. There is no more important another two children and a partner are coalface who bear the real cost through issue for our Union than the health and left to pick up the pieces after the loss a less safe working environment. safety or our members. That is why of a loved one. Stephen is the third coal All this is happening at a time across the entire CFMEU we continue miner to be killed at an Anglo coal mine of record production and exports in to promote our national campaign – in Queensland in the past 10 months. the coal industry. The giant mining Stand up. Speak out. Come home. We Paul Maguire died in May last year and companies are not making the windfall will support you all the way in this and Ian Downes was killed in December, profits they were at the height of the you’ll never walk alone. both at Anglo’s Grasstree mine in boom a few years ago, but they still Central Queensland. count their profits in the billions. While investigations are underway The truth is that these global Common Cause is published by Tony Maher for the Mining and into the latest fatality, our Union mining giants like Anglo, Rio, BHP and Energy Division of the Construction, has become increasingly concerned Glencore have an insatiable appetite Forestry, Mining and Energy Union with mining bosses callous and for profits. Despite the crocodile tears (CFMEU). disrespectful treatment of workers that they may shed in public when a Cover photo: FIFO workers board on the job. We have employees being worker is killed, their prime objective a plane to work. disciplined and sometimes sacked for is to increase profits and far too often Editor: Paddy Gorman often petty and unintended actions by it is at the expense of our health and Phone: (02) 9267 1035 bosses who bully and harass them to safety. Our history is littered with cut corners. examples of this. Indeed, this issue Web: www.cfmeu.com.au We know that some bosses prey of Common Cause features material Designed & Printed by Breakout on job insecurity, particularly with on the scandals of recent coal mine www.breakout.net.au contractors, to not report injuries or disasters in the US and New Zealand Phone (02) 9283 0123 safety incidents. Our Check Inspectors and we have extensively covered last

4 COMMON CAUSE VOL 81 NO.1 FEBRUARY/ MARCH 2015 Queensland District draws line in the sand with BHP You won’t reopen Norwich Park mine with cheaper inter-State FIFO workers! Stephen Smyth

ur Union’s Queensland “The briefing paper is genuine”, mineworkers who served the company District has drawn a line in Stephen Smyth told Common Cause, so well for so long can apply for a job Othe sand with BHP over the “and was prepared by a mining industry back at Norwich Park if BHP has its company’s secret plan to reopen the contractor outlining the terms under way”, said Stephen Smyth. “Indeed, no Norwich Park coal mine with cheaper which the BHP Mitsubishi Alliance Queensland resident will get a job there compulsory FIFO workers flown (BMA) is seeking to operate the if BHP is allowed to re-open Norwich in from inter-State while banning Norwich Park mine near Dysart”. It Park and use lower paid inter-State all Queensland residents from states: workers there to drive wage-cutting at employment there. “BMA has strongly indicated other operations”. Our Union’s Queensland District that success of the project will be Stephen Smyth said it was now President Stephen Smyth warned dependent on being able to operate clear that BHP had closed Norwich BHP that the Union will mobilise broad the mine efficiently while using labour Park as part of an industrial strategy community support in a campaign that that is paid significantly less than to slash wages and deny jobs to local will make sure this never happens. is currently the case at surrounding Queensland workers. “The company’s secret plan was existing operations. A strong desire “It’s no coincidence that BHP is now leaked days before the Queensland has been expressed that labour should planning to reopen the mine exactly State election and caused an uproar be sourced from lower paying areas three years after closing it, to avoid throughout the region”, Stephen outside of Queensland (Adelaide, legal requirements to hire back the Smyth told Common Cause. “This is Melbourne for example). They are likely local workers it ruthlessly dumped. This a step too far for even a company like to try and leverage off the labour model was always their plan. BHP is playing BHP which has already locked local used at Norwich Park to generate Queenslanders for fools – denying them Central Queenslanders out of full-time lower cost labour models at their other the jobs and benefits they deserve from permanent jobs at its new Daunia and operations.” resources. Caval Ridge mines in Moranbah. But The paper suggests BHP intends to “There is no way our Union will banning every Queensland resident from restart production at the mine in July stand idly by and let this happen. jobs in this State’s mines is the straw this year, three years after the company We will mount a public campaign that will break the camel’s back. Put shut it in May 2012, sacking hundreds to do whatever it takes to stop BHP simply, we will not allow it”, he warned. of skilled Queensland mineworkers. The discriminating against locals being The Norwich Park secret plan mine had been operating successfully employed in coal mines on their exploded on an unsuspecting public for over 30 years and was still profitable doorsteps. when our Union revealed an internal when BHP closed it at the height of the “BHP’s Queensland coal mines are briefing paper for BHP that we had mining boom. The closure of Norwich profitable and efficient operations and obtained. It exposed the company’s Park also had a devastating impact of can afford to provide good, permanent plan to re-open Norwich Park with the nearby Dysart mining community jobs to local workers and we intend cheaper FIFO labour from Adelaide from which it has never recovered. to make sure they do”, said District and Melbourne. “None of these retrenched President Stephen Smyth.

VOL 81 NO.1 FEBRUARY/ MARCH 2015 COMMON CAUSE 5 Plan for more temporary work visas will push up unemployment, warn Unions

he Federal Government’s review of Australia’s skilled T migration system has ignored the impact the growing number of foreign workers on temporary visas is having on Australia’s job market Some of the ripped-off migrant workers with CFMEU NSW Construction Secretary Brian Parker and unemployment – particularly and Union organiser Dave Curtain. young people. The ACTU submission to the Department of Immigration and Border Our Union calls for national Protection review shows the number of temporary visas holders has action to end migrant workers increased significantly. There were 1.112 million temporary visa holders in Australia as of rip-off scandal September 2014 and most had work rights. ACTU Secretary Dave Oliver said the review has failed to consider ur Union is calling on new Corporation that employs the workers, the impact the growing number of Immigration Minister Peter and then every sub-contractor and temporary visas holders is having on Dutton to urgently investigate migration agent involved. It should also O unemployment. the Manildra Group nationwide, after publicly disclose these entities and how “With official unemployment badly exploited migrant workers many workers each sponsors.” figures at 6.1% and youth at its Bombaderry ethanol plant in Michael O’Connor went on to say: unemployment at 13.1%, the review NSW indicated that the practice was “The Manildra group has donated has narrowly focused on creating occurring across the country. $285,604 to the Liberal National Party new visa types, such as the proposed The workers at the plant in the over the past two years, making it one new short-term mobility visa that South Coast of NSW have been of the biggest donors. We hope that reduce protections and safeguards for working for 10-or-11- hours a day, 7-days doesn’t prevent the new Minister from Australian and overseas workers, and a week and taking home between urgently stamping out what amounts increase even further the size of the $40 and $100 per day. They have to modern day slavery.” temporary visa workforce in Australia,” not received any form of allowances The CFMEU National Secretary told said Dave Oliver. including penalty rates for overtime the media that the Union “believes that and weekends. many of these workers are on subclass “The review of Australia’s skilled The Chinese and Filipino workers 400 visas: 3-6 month visas for highly migration system needs to focus indicated to the Union that their specialised work. This is the very visa on strengthening requirements for situation is part of a national network that the Federal Government wants employers to advertise jobs locally that may reach into Queensland, to expand to 12-months and make it before recruiting workers from Western Australia, Victoria and other even easier for employers to get. That’s overseas”, said the ACTU Secretary. parts of regional NSW. an idea that would make this abuse Meanwhile, Australian Unions CFMEU National Secretary even more widespread, and should be are calling for a Senate Inquiry into Michael O’Connor said that “this is immediately binned. the skilled migration visa system. a deliberately complicated web of “Instead, the Federal Government “Tony Abbott and his Government companies across the country set up should stop employers like this from appear to be hell-bent on making jobs to hide what is outrageous exploitation rorting the system, banning the worst unattainable to Australian workers”, of vulnerable workers. offenders from taking on migrant said CFMEU National Secretary “The Federal Government needs workers, and put in place proper labour Michael O’Connor. “They seem to to blow it wide open by urgently market testing to make sure that local have one purpose and one purpose investigating every part of the Manildra workers can get a start and don’t get only – to serve their mates at the big Group, the Chia Tung Development undercut”, he said. end of town”, he said.

6 COMMON CAUSE VOL 81 NO.1 FEBRUARY/ MARCH 2015 Celebrating the return to work after our Union won unfair dismissal reinstatements are, from left: Shannon Boal, Luke Faulkner, Lodge Vice-President Bob Mortimer and Lodge Secretary Simon West. BHP slammed for unfair dismissals of Goonyella Riverside miners and ordered to reinstate them

ur Union continues to battle sacked for having his mobile phone in potential risk related to the incident or BHP’s callous treatment his truck. Simon West told Common whether he was operating a vehicle at Oof its workforce in Central Cause that Shannon was on his first day the time. This represents unfairness”, Queensland with a welcome back from leave when he was sacked. said Commissioner Paula Spencer in recent victory getting two unfairly “He told the company that he her judgement. dismissed members reinstated. had just returned from leave and Commissioner Spencer also said Goonyella Riverside Lodge had forgotten the revised BHP policy the mine’s managers had also failed to Secretary Simon West told Common prohibiting workers from having their do enough to make employees aware Cause that last year BHP had unfairly phones with them in trucks. Indeed, he during training that the company’s sacked two CFMEU members, Luke told them that when he realised he had revised mobile phone device involved a Faulkner and Shannon Boal, for alleged his phone after he left the start point, zero tolerance approach and dismissal breaches of its Mobile Electronic he placed it in the console and got on for any breaches. Device Procedure at the mine. with work. The company’s policy, she said, was “The company claimed they had “But they ignored that and gave not “clearly written or implemented breached this policy by carrying their him the chop. Shannon has worked at as a ‘zero tolerance’ policy, whereby mobile devices onto the worksite and the Goonyella Riverside mine for 15 dismissal was the only outcome. came down on them like a tonne of years. He is a family man with two kids. In addition, a strong and clear bricks taking their jobs from them But that counted for nothing with BHP. implementation and application of the without giving them a fair go. They were prepared to throw him on procedure was found to be wanting in “Our Union stood behind Luke the industrial scrapheap. Fortunately the current circumstances”. and Shannon and fought their unfair the Fair Work Commission thought Queensland District Secretary dismissals and we’re delighted that otherwise in reaching its decision telling Tim Whyte said the Union stood for they are now back on the job earning an the company it was remiss in failing to proper safety measures but that all honest living, despite BHP’s attempt to take all this into account when it unfairly employees deserved to be treated callously dump them”. sacked Shannon”. fairly. “Clearly in Luke and Shannon’s In a decision in mid-January this In Luke Faulkner’s case, he was case BHP management acted hastily, year, the Fair Work Commission sacked for posting on Facebook once unfairly and callously. We believe safety slammed BHP Coal saying from his mobile phone while his truck on the job is far too important an issue management “failed to provide was stationary. for management to use as an IR cudgel both employees with an appropriate The Fair Work Commission to beat employees with. The company opportunity to respond to the reasons found that BHP terminated Luke’s needs to get its own house in order and for their termination” and that the employment without providing clear it should be ashamed of what it has put sackings of Luke and Shannon were a information on other matters it took Luke and Shannon and their families denial of procedural fairness. into account or an opportunity for him through. It should learn from this for the In Shannon Boal’s case, he was to respond to issues relating to “the future”, Tim Whyte told Common Cause.

VOL 81 NO.1 FEBRUARY/ MARCH 2015 COMMON CAUSE 7 North Goonyella CFMEU members rally to Davis family’s side

n April last year, North Goonyella CFMEU mineworker Wayne Davis Iand his wife Jo-Ann got the phone call that all parents dread – their eldest son Cameron, 28, had been involved in a terrible road accident and his life hung by a thread.

Fortunately Cameron survived Pictured from left are Luke Ludlow, President North Goonyella Lodge; Cameron Davis; Wayne Davis; but suffered horrific injuries that set and Darren Everett, North Goonyella Lodge Vice-President. Pictured below is Wayne with his parents. the family on a journey in which they discovered the quality of the people Wayne took unpaid leave to continue to there made of the same stuff. We look in their lives, including Wayne’s fellow support Cameron. after each other and we care for our workers at the North Goonyella CFMEU “Our family would not have been families and communities. But it is Lodge in Central Queensland. able to give Cameron the support he not until I experienced it myself that I “Cameron had been a passenger in desperately needed in his vital recovery could ever fully understand the value a ute driven by a friend when it rolled stage without the backing of my Union of the generosity and consideration in a dark and isolated dirt road near workmates at North Goonyella. They of my fellow Union members”, he told Collinsville in the early hours of 1 April”, not only financially supported us but Common Cause. Wayne told Common Cause. “He was were a tower of strength throughout Cameron has made remarkable thrown some distance from the vehicle the entire traumatic ordeal and we will strides since the accident last year and suffered severe head injuries. never forget it”, Wayne told Common and he was delighted to go along with Luckily, some hours after the accident a Cause. his Dad to meet some of the North bloke on his way to work came across Wayne knows a fair bit about Union Goonyella Lodge leaders in February the crash site. Cameron was flown solidarity from his working life as a this year. from Collinsville Hospital to Townsville coal miner. He began in the mines at “It was very moving for Hospital and was not expected to live”, Collinsville in 1980. Cameron and our family to express said Wayne. “Our family had been part of that our appreciation and the Lodge Wayne and Jo-Ann made their way tight knit mining community for years representatives were delighted to see to Townsville and were there when and when I moved to North Goonyella the progress that had been made” , Cameron underwent emergency I found my fellow Union members said Wayne. surgery. “By some miracle he made it through the surgery after surviving the flight. He was placed in an induced coma and spent 19-days in intensive care. That period and the slow recovery process really took a toll on Jo-Ann and I and our family. But we got through it with wonderful support from family, friends and workmates”, he said. Throughout the recovery, Wayne and Jo-Ann were with Cameron all the way. Wayne used up all his annual leave and sick days to be at Cameron’s side. When all his leave entitlements expired, his fellow Union workers at North Goonyella rallied and made sure the family was not out of pocket when

8 COMMON CAUSE VOL 81 NO.1 FEBRUARY/ MARCH 2015 Andy Honeysett Peter Jordan

CFMEUN 36984 BB_6.28x3.30.indd 3

Stop disastrous electricity 11/02/15 10:15 AM privatisation grab in NSW at 2015 election Labor also commits to putting mining communities first

ur Union is calling on of the public interest. These are the seven said power prices were now members to stop the Baird State’s most valuable income generating lower with private operators. OLNP government’s further assets, which currently return $1.7 billion The poll reveals the reality of power privatisation grab of the public’s every year to the public and the Baird privatisation in Victoria and South electricity assets by supporting Government wants to hand them over Australia, where there have been cuts to Labor candidates at the March State to their mates at the big end of town as services and increased prices as foreign election. a corporate cash cow”, Peter Jordan told owners seek to maximise their profits The Union is also calling for Labor Common Cause. from these essential services. South support because its candidates are Since coming to office in NSW, Australia now has the highest power committed to policies that will stop the Liberals and Nationals have sold prices in the country. the building of further camps in mining off more than $5 billion worth of public These results also explain why the regions to accommodate fly-in-fly-out assets like Ports, Power Stations, people of Queensland so emphatically workers in the coal industry at the Desalination Plant, Sydney Ferries rejected Campbell Newman’s almost expense of local jobs and communities. and Public Buildings and Land. identical attempt to sell publicly owned In short, Labor is committed “What do we have to show for electricity network assets, dumping him to a policy that gives preference this?”, asked Peter Jordan. “Where has and his government. to local regional employment and all the money gone? Nothing substantial “Privatising our valuable electricity boosts apprenticeships and training has been built – and certainly not in our assets is really a no-brainer for the opportunities as well as ensuring that mining regions – but the public has been public”, said Peter Jordan, “we have our regional communities get a better left paying more for fewer services. everything to lose and nothing to gain. deal from those who prosper from “The simple point is that essential The Baird Government is putting the our mining resources. services like electricity and water narrow greedy interests of its big end NSW South West District President should never be privatised. It is time we of town mates ahead of the welfare Andy Honeysett told Common Cause learned the lessons and it is time we of our communities. that his District is facing the construction called a halt to further privatisation of “But it is not just on electricity of mining camps at some new coal valuable public assets”, Peter Jordan told privatisation that we are being sold operations at the expense of local Common Cause. out on. It is in training and jobs, it is in employment and the regional residents. Our Union points out that the public of cutbacks to a whole range of services “We need a State Government that Victoria and South Australia have learned and it is in supporting employer agendas puts our people first and that requires the bitter lessons of electricity privatisation to undermine job security and cut wages a change at this NSW election”, he the hard way. The most recent polling and conditions. said. “We can’t afford to stand by and there shows that a staggering 73% of “That is why we are advocating that watch as our jobs are taken and our Victorians and 70.9% of South Australians our members really think about which communities are short-changed”. would support the return of the electricity candidates to support at this election”, Northern Mining and NSW Energy network to public hands. he said. “Labor has a strong record in District President Peter Jordan hit out In South Australia 74% said they NSW of keeping our electricity assets in hard at the Baird Government’s plan to were now worse off due to the public hands and they are committed to privatise the NSW electricity network, privatisation of the electricity network, delivering a better deal across the board stripping public assets like Ausgrid, with 66.7% of Victorians sharing that of our members and our communities. Endeavour Energy, Essential Energy and view. Almost two-thirds of consumers That is why we think Labor deserves our TransGrid. said power prices were cheaper under support in this election”, Peter Jordan “This is at the enormous expense public ownership, while only one in told Common Cause.

VOL 81 NO.1 FEBRUARY/ MARCH 2015 COMMON CAUSE 9 Which way for Australian mining in 2015? The challenges facing workers By Peter Colley, National Research Director

f I could really tell the future, I’d US$0.80 provides some relief. Some be a billionaire so what follows are forecasting price recoveries in 2016 Iin this look ahead in our Union’s and 2017. centenary year is not a forecast, In iron ore the two dominant but more an observation about producers, Rio Tinto and BHP, continue major trends affecting the Australian to maximise production in order to mining industry. Most people just force recent newcomers (all of which want to know about the next year have lower quality resources and or so, but I’ll be dropping in some therefore higher operating costs per longer term stuff. tonne) out of business. Over in coal, We already know that coal and production also continues to rise – it’s iron ore – the two biggest sectors a mix of forcing smaller players to the – early 2014 figures from China are a of the Australian mining industry wall plus those take-or-pay contracts reduction on 2013 figures. While Japan – are fetching much lower prices. for rail and port use that means the is still be the biggest customer for It’s little above US$60 per tonne for coal companies have substantial Australian coal, in respect of iron ore both iron ore and thermal coal, while expenditures whether or not they and many other minerals it is Chinese metallurgical coal is hovering in the low produce coal. demand that supports Australian US$100 area. There is no immediate Demand for coal is not collapsing production. end in sight to these low prices, but in our major markets – but there is In northern America and in Europe, the recent fall in the A$ against the no rapid economic growth and there coal production is in structural decline US$ (due to the USA stopping flooding is some concern that China may be (ie. it won’t come back) – in the USA the world with US$, and due to falling seeking to give effect to its stated goal is it due to cheap shale gas and interest rates in Australia) to less than of capping coal production and use Government regulation to reduce

10 COMMON CAUSE VOL 81 NO.1 FEBRUARY/ MARCH 2015 emissions from power stations, are now paying the price. on cost-control (including wages) and while in Europe it is due to emission The high numbers a few years increasing productivity. While Union reduction efforts, the ending of ago almost certainly included some members on collective agreements are subsidies to coal mining and the rapid resources construction jobs, but the maintaining wage levels, contractors’ fall in the cost of renewable energy. flood of new mines is slowing to a wages are being cut, and a lot of In Britain, most of the few remaining trickle, while the mega-LNG projects in middle management and professionals coal mines are to close in the coming Queensland and WA are also nearing are taking cuts too. year. completion and winding down their While the overall picture above isn’t In Australia, most coal is exported workforces. positive, it is useful to note that all the (around 80%) so it is international The next big threat to mining major mining companies are “staying demand that matters. But the trend employment will be automation, put” – meaning they see a solid longer to higher electricity prices (with or but it’s not really happening yet. term future. While BHP Billiton is without a carbon price) and the high A$ Companies like Rio Tinto are seeking spinning off some assets including has seen energy-intensive industries to automate iron ore trains and truck Illawarra Coal (which they almost spun shut down while office buildings and fleets, but are finding it difficult to off into Bluescope many years ago) home users have learnt how to reduce achieve good equipment utilisation it is keeping its NSW Energy Coal their energy consumption. Electricity and productivity. The nearer term issue operation (Mount Arthur Coal) as well demand in Australia is falling, and the is remote-controlled operations – Rio as its Queensland operations. debate has shifted from the need for and BHP both have staff operating Rio Tinto has sold some mines, but more baseload power to when older equipment in Pilbara mines from is strongly indicating it will be further coal-fired power stations will close. operations centres in Perth, and Rio developing other mines eg it will seek There are no prospects for new coal- has announced it will open a remote to run all the Hunter valley mines as a fired power stations in Australia. operations centre in Singleton in the single operation. Jobs in Australian mining are Hunter Valley this year. Anglo American is selling quite a falling. After booming until about The mining companies continue few mines, but hanging on to others the middle of 2012, a sharp decline to want more FIFO. This is about (and has the Grosvenor mine coming in the rest of 2012 was followed by maximising control over the workforce on stream in 2016). something of a hiatus but declines – keeping them isolated and away from Glencore is a buyer of assets at the have resumed in the last year. mining communities, and as far from bottom of the mineral price cycle – in Overall industry employment has contact with a Union as possible. But fact it bought the Clermont mine off fallen from about 275,000 in May BHP’s leaked plans to shift more of its Rio Tinto! 2012 to 237,000 in late 2014. But bear Queensland workforce to compulsory While the election of State in mind that it was just 80,000 back 100% FIFO – and from outside Labor governments in Victoria and in 2000 before the resources boom Queensland altogether, triggered a Queensland and the implosion of the occurred! In coal mining jobs were hostile response in the Queensland Federal LNP Government in Canberra close to 60,000 in mid-2012 but are State election. So long as the Union means that mining companies have somewhere below 50,000 now. Up to keeps up the pressure, BHP will less support for their attacks on Unions a quarter of the workforce has gone. probably have to rethink its plans. and workers, the economic situation There was a lot of froth and bubble at Workers are facing a medium means that 2015 is very much about the height of the boom, and workers term scenario of relentless pressure holding on to what we have.

VOL 81 NO.1 FEBRUARY/ MARCH 2015 COMMON CAUSE 11 Pictured at the Huntly East Mine in New Zealand are, from left to right: Mark Southen, SHSR: Tony Grant, SHSR: Roger Teece, SHSR: Stephen Woods, Queensland District Check Inspector; Ray Urquhart, EPMU; and Jason Thompson, SHSR. Queensland’s Stephen Woods appointed first ‘ANZAC’ Check Inspector By Andrew Dallas, National Legal Officer

ur Union’s Queensland also scrapped around this time and the underground coalmining workforce District Check Inspector regulatory oversight of underground (including contractors) number more OStephen Woods has become coalmines was passed over to than 1,000. the first ‘ANZAC’ health and safety generalist government workplace New Zealand currently has four official to straddle the Australian safety inspectors, some of who had gazetted underground coalmines. and New Zealand coal industries. little or no practical mining experience. The North Island’s Huntly East Mine Here, our Union’s Queensland-based Between 1992 and 2010, 33 and three in the South Island: Spring National Legal Officer Andrew Dallas underground mineworkers were killed Creek Mine, Roa Mine and Terrace outlines how it happened and why: in New Zealand mining accidents and Mine. Huntly East and Spring Creek One of the key recommendations disasters. Two mineworkers were killed are the largest mines and are operated of the Royal Commission on the Pike at Mt Davy in 1998 (gas outburst), by Government-owned mining River Coal Mine Tragedy was the one at Roa Mine in 2006 (roof fall), company, Solid Energy. Due to the reinstatement of Check Inspectors one at Tiller Mine (roof fall) also in low international coal price, the high at both site and industry level for 2006 and 29 at Pike River Mine in cost of extraction and Solid Energy’s underground coalmines. The Check 2010 (gas explosion). The work-related crippling debt problems, Spring Creek Inspector system had been abolished in injury fatality rate for underground is currently in ‘care and maintenance’ New Zealand in 1992 when workplace mineworkers in New Zealand during mode but may reopen in some capacity health and safety was ‘deregulated’. this period is particularly disturbing in the future. Huntly East’s production The specialist Mines Inspectorate was when considering that at no stage did has also been significantly reduced.

12 COMMON CAUSE VOL 81 NO.1 FEBRUARY/ MARCH 2015 However, the mine’s coal has unique Zealand, which incorporates the Mines positions at all mines. It is expected reactive properties when blended with Inspectorate, to approve Stephen’s that an invitation will be extended to iron sand which makes it an important appointment as IHSR. After an one (or more) of the EPMU’s SHSRs ingredient for steel making at New assessment of his qualifications and to attend the Queensland District’s Zealand Steel’s Glenbrook Steel Mill. experience, he was duly appointed. Underground Check Inspectors’ Additionally, Terrace Mine is expected Stephen was issued with an identity Conference, which will be held in to cease production in 2016. The total card, which authorises him to exercise Mackay in July this year. current underground mining workforce the functions and powers of an In October 2014, Stephen numbers less than 100. IHSR under the Health and Safety in undertook his inaugural, baseline, After detailed consideration of the Employment Act 1992 (NZ) (‘the Act’). inspection tour of New Zealand. Royal Commission’s recommendation However, unlike New South Wales or He started with an inspection of to reintroduce Check Inspectors Queensland, he has no jurisdiction to Huntly East and progressively moved including having regard to the minimum exercise these functions or powers in southwards. Stephen’s visit was requirement for appointment to respect to open cut coalmines. very well received by mineworkers, the industry position (Deputy/ERZ The agreement reached between Worksafe New Zealand and Solid Controller) and the current state of our Union and the EPMU is a true Energy, which wrote favourably underground coal mining, the New example of international trade union about his inspection of Huntly Zealand coalminers’ union, the EPMU, solidarity. The EPMU funds the cost East on its intranet. The support requested that our Union consider of the position and our Union provides of Solid Energy for Stephen’s role providing assistance with the position the technical expertise. In addition, was particularly pleasing given the until the future of underground Stephen gets exposed to a different company had filed submissions with coalmining became clearer. Our Union mining culture, mining conditions and the Royal Commission opposing the responded to this request by proposing mining methods – particularly, hydro- reintroduction of Check Inspectors. that one of our Check Inspectors mining and EPMU members gain Stephen found the mines in (ISHRs) from Queensland – the New access to his extensive technical and New Zealand to be generally of a Zealand regulatory framework for practical mining expertise. Such is high standard. He provided mine mining is modelled on Queensland – Stephen’s commitment to the safety of record entries for each mine, which be appointed as Industry Health and Australasian mineworkers, he performs made a series of general and specific Safety Representative (‘IHSR’), as the role of IHSR in New Zealand on a recommendations including, but the position is officially called in New voluntary basis and his responsibilities not limited to, the importance of Zealand. After internal discussions, there are in addition to his full-time mineworker participation in all aspects Queensland Check Inspector and responsibilities in Queensland. of the risk assessment process. former President of the North The position of IHSR is supported Stephen is expected to return to New Goonyella Lodge, Stephen Woods was and supplemented by local Check Zealand in the first quarter of 2015 nominated to be the first ever ‘ANZAC’ Inspectors, officially called Site Health to consult with mineworkers, work Check Inspector. and Safety Representatives (SHSR through issues identified by SHSRs In August 2014, the EPMU made – local check inspectors). EPMU and check on progress made since an application to Worksafe New members have been elected to SHSR his last visit.

VOL 81 NO.1 FEBRUARY/ MARCH 2015 COMMON CAUSE 13 DEATH AT WORK: IMPROVING SUPPORT FOR FAMILIES HAVE YOUR VOICE HEARD Did your loved one die as a result of a sudden work-related injury? If so, we would like to learn about how you and your family were affected by the death and the challenges you faced afterwards. Thousands of family members become survivors of a sudden work-related death each year but little is known of how the death and the responses of government and other organisations affect them. You can make a real difference to this situation. We would like to invite you to participate in this world-first Australian Research Council funded study that will pinpoint ways to improve support for partners and families following work-related tragedies. Results will be used to improve and better manage the consequences of work- related deaths for families.

To participate in this study go to: www.surveymonkey.com/s/workplacedeathstudy For more information: W sydney.edu.au/health-sciences/research/workplace-death E [email protected] T 0415 898 398 facebook.com/Workplace Death Study

Jo Ufer, whose son Josh was killed in the Pike River coal mine Disaster. The trauma of losing a loved one at work: New project aims to improve support for Families By Jo Ufer hen I lost my son Josh in designed to listen to the voices of understand the dimension of this. the Pike River coal mine those of us who have lost loved ones at In a nutshell, the aim of this project Wdisaster which claimed work and help improve support for our is to systematically identify the health his life and those of 28 of his fellow families, I decided to play my part. and financial consequences for families workers on 19 November 2010, I would urge others reading this of workers who have died at work I began a painful and traumatic article who know people who have and to increase understanding of the journey known only to those who experienced a loss like mine to also adequacy of institutional responses to have suffered the devastating loss consider taking part in it. families needs. of a loved one at work. The project is headed by Professor This is particularly relevant to Given the hazardous nature of coal Philip Bohle and Dr Lynda Matthews members of the CFMEU generally as mining, there are too many others like from the University of Sydney, along it is estimated that among the main me who know the grief and the hole in with Professor Michael Quinlan, from industries accounting for approximately your life that such a loss inflicts. Indeed, the University of New South Wales. 70% of all notified workplace deaths it is not just coal miners who are killed They say that workplace death are mining, construction and forestry, at work – hundreds of other workers, is known to exact an enormous along with agriculture and fishing; and particularly in blue collar industries, lose economic, social and personal toll for transport and storage. their lives in the workplace. workers, employers and the national This project will provide the first We know the value of the love economy but unfortunately, little is systematic evidence on the health and and support of our extended families known about the consequences for financial effects of workplace death and friends that helps us through those who are affected the most – on families. Findings will provide an these times. And for those of us in surviving families. unprecedented evidence base for the wonderful community of coal Available evidence suggests that improvements in the provision of mineworkers we know the power of families of workers who die at work support to families and to aid unions support the Union and its members experience serious and enduring and employers to develop practices and provide. health and financial ramifications, support material to deal with workplace But for each of us, it is a very and that these effects can extend death protocols. personal journey and when I found beyond families to friends. However, For anyone interested, please out about a new project initiated by such evidence is very limited and contact the project organisers listed in the Universities of Sydney and NSW more needs to be discovered to really the notice above.

14 COMMON CAUSE VOL 81 NO.1 FEBRUARY/ MARCH 2015 Don’t fall for it: Company doctors are a work hazard From our Northern District

njured workers have a right to choose their nominated treating doctor (i.e. Iyour family GP) and be in control of their treatment. Don’t take risks with your life and livelihood. Remember your loved ones are counting on you coming home. COMPANY DOCTOR

What Can Go Wrong?

Record Keeping Companies engage their preferred doctors to treat injured workers. This • Keep copies of everything: injury In the event of a creates a conflict of interest, with reports, investigation reports, claim doctors recommending rehabilitation workplace injury forms, emails, any documents and treatment plans that are not relating to the injury. Keep witness necessarily in the patient’s best Record All Injuries reports and contact details. interest. They sometimes use the • Do not sign an incomplete form like • If you feel you can’t officially report information obtained to their advantage an injury report form or claim form – the injury you must – at least – tell in workers compensation matters. it leaves space for employers to fill in someone and go to your doctor. Sophisticated companies can use the gaps. • You don’t have to make a claim, but their relationship with company doctors • Always have a Union representative keep the injury report and make to manipulate the outcome for diary notes if you don’t. with you if you are to be interviewed. the injured worker, which • Record ALL injuries, regardless of • Never be interviewed by a private can lead to termination how minor. Not recording an injury investigator, get CFMEU advice. of their employment. now will make it difficult to claim later. Your own GP, with • If a work injury flares up at home Keep Notes – Use Your Diary no company interference, speak with your Union Delegate. • If a claim ever needs to go to is best placed to manage court there must be a strong your workplace injury or See Your Doctor and documented case to prove illness. Many CFMEU • See your own doctor, and provide negligence that resulted in a serious Members have got into them with the complete injury injury. trouble after seeing record and keep a copy for yourself. • To say “everyone complained” or company doctors. • Appointments with your doctor are “everyone knew about it” is not private and confidential. Do not allow enough. a company representative or their • To build the case there must be Use your insurance provider to see the doctor solid details to back it up. 2015 diary to with you. • Use your diary to keep track of keep notes • If the doctor chooses they can speak details and dates of any incidents, and details of injuries, with representatives after your reports, conversations or witness incidents at consultation. details. work or matters • Get a WorkCover Certificate from of importance your doctor. As always, if in doubt (eg. request for • Always be careful what you sign, training) especially any kind of authority. contact the CFMEU.

VOL 81 NO.1 FEBRUARY/ MARCH 2015 COMMON CAUSE 15 Pictured at the donation to the local hospital are from left: Joanne Mulcahy, Maria Barnham, Simone Hare, John O’Leary-Allen (CFMEU Broadmeadow), Ashley Dowd ( Moranbah Workers Club), Brady Cummins (CFMEU Goonyella Riverside) and Adrienne Burke. Supporting our Communities: John Allen Golf Day gears up for more fund raising

s this issue of Common Cause will be the local fire brigade”. organisers are hopeful it will continue goes to press, many of our In addition to money specifically the great record of fund-raising for a AUnion members throughout raised through the Golf Day, Anne told remarkable community. Central Queensland are gearing up Common Cause that other community to continue the growing success of beneficiaries of the local CFMEU the John Allen Golf Day as a vital Lodges fund raising activities include fund-raiser for the local community. local kindergartens, junior sports The event is named in memory associations and clubs, CQ Rescue of outstanding deceased rank and Helicopters, Legacy, Cystic Fibrosis file leader John Allen and is held in Queensland, local rodeos, local schools, Moranbah each year. Originally devised regional specialty groups, Beyond Blue by John’s close friend and fellow miner and more. Frank Baker the annual event has “We’re really proud of our Union become so successful that it is now members here and the wonderful organised by the Moranbah Community support they give to our community. Workers Club. Our two biggest local Lodges, John Allen’s surviving partner Anne Goonyella Riverside and Peak Downs, O’Leary, who is our Union’s office make weekly contributions towards a manager in Moranbah, told Common community scholarship scheme where Cause that last year was the most year 12 graduates apply and receive successful ever raising over $40,000 to and then are supported through a support the Central Queensland mining University degree for 3-or-4 years to communities. the tune of $18,000 - $24,000. This has “We’re hoping to set a new enabled more than 100 local students record again this year”, Anne told to pursue their tertiary education”, Common Cause. “All the money said Anne. Australian cricket legend Doug Walters was With the John Allen Golf Day now special guest at a dinner the evening before the raised supports vital local services John Allen Golf Day in 2014, which also raised and community groups such as the firmly on the annual calendar as the money through a charity auction. He’s pictured Moranbah Hospital, and this year it first charity day of its kind for each year, here with local Mayor Anne Baker.

16 COMMON CAUSE VOL 81 NO.1 FEBRUARY/ MARCH 2015 Order of Australia award for Bill Chapman

fter a life time’s commitment to the welfare of his fellow Aworkers and our mining communities, the former Northern District President Bill Chapman, has been awarded an Order of Australia. Northern District Secretary Grahame Kelly told Common Cause that the award is “fitting recognition of Bill and Betty Chapman at the opening of Nymboida House, our Union’s national HQ, in 2012, with the outstanding services Bill has given Northern District representatives, from left: Grahame Kelly, District Secretary; Bill; Russell Trappell, to mineworkers and our communities Todd Hardy and Ross Whitaker, then Nothern Central Councillors; and District President Peter Jordan. for decades. He is a true giant in the proud history of our Union and it is Nymboida Colliery was to close and the Federation would channel its profits great that he has been awarded this miners there were to be left without back into the community through well deserved honour”. their entitlements. scholarships for the dependants of Grahame Kelly also paid tribute The miners refused to take the mineworkers as well as providing to Bill’s wife Betty. “ They recently sack and under Bill’s leadership the more than $10 million in grants to local celebrated their 60th wedding mine owners eventually signed the schools, hospitals and community anniversary and Bill would be the lease over to the Miners Federation groups throughout Australia. first to acknowledge he could never who operated it profitably for almost In 1983, Bill Chapman was have made the contribution he has or five years when it was forced to shut appointed the first coal industry achieved the things he has without due to the closure of its only market, employees representative as a Director Betty. They are a great team and we the Koolkhan power station. When of the Joint Coal Board, the joint are indebted to them both”, Grahame the mine closed every miner who had federal/NSW body set up in the late Kelly told Common Cause. retired since the Union took it over was 1940s to oversee the development Bill Chapman began his working paid their entitlements in full. and regulation of the coal industry. life at Abermain No. 1 colliery in the Bill ensured that those Nymboida Bill played a particularly active role in Hunter Valley at just age 14. His early miners who wanted to continue in the ensuring the safety and training of coal start in the pits was driven by family coal industry could do so securing jobs mineworkers and also the operation need after his father had suffered a around Lake Macquarie pits and in the of the industry’s Coal Mines Insurance bad injury at Hebburn No. 2. It was Hunter. to ensure that no family would ever years before any compensation was Bill was instrumental in securing have to go through the hardships his paid to his Dad, which sparked Bill’s a replacement lease for Nymboida family suffered as a result of injury commitment to pursue justice for and in October 1979, just two months in the mines. Bill served almost five his fellow workers. after Nymboida closed, the Miners years on the Joint Coal Board until his From an early age he was an Federation was granted the United retirement in 1988. active rank and filer in his local lodge, Colliery lease in the Hunter Valley, near In retirement Bill has continued becoming Lodge President in the Singleton. to play an active role in the Retired 1950s, and then progressing through Bill played a key role in securing Mineworkers Association where he the ranks of the Miners Federation, partners to operate United as a Joint has performed outstanding service for firstly as a member of its Board of Venture, travelling to Japan, Italy, mining communities. Management and then Vice-President England and the US. When the United On receiving his OAM, Bill said of the District and eventually President Joint Venture was formed in 1980, Bill he found it “extremely humbling”. of the Northern District. He served Chapman became its first Chairman of His colleagues feel proud of Bill’s on the Union’s national body, Central the Board of Directors. achievements, and the wonderful Council, for many years. Under Bill’s chairmanship, United legacy he has achieved for his Bill was Northern District President Collieries established a Mine Workers Union and our communities. in 1975 when news came that the Trust Fund through which the Miners We salute him.

VOL 81 NO.1 FEBRUARY/ MARCH 2015 COMMON CAUSE 17 CFMEU National Secretary Michael O’Connor addressing an international solidarity rally in Brisbane support of US coal miners. CFMEU warns poisoned berries from China just the tip of the unsafe imports iceberg

ith the deluge of unsafe increasing. There have been countless China, the potential cause of imports from China incidents around the country where electrical shock and fire, installed Wlooming if the China unsafe building materials have posed a in 80,000 Australian houses being Australia Free Trade Agreement is danger to public safety, and have had recalled. signed, our Union is calling on the to be replaced at considerable cost. • 200 panes of glass falling from Federal Government to deliver on its “We’re seeing first hand the public the Waterfront Place building in election commitment to ensure that health risk through lax regulation on Brisbane. imported building products comply imported food. It’s only a matter of • The ASIO Government building in with Australian Standards. time before unsafe imported building Canberra losing some 21 panels of The CFMEU is urging Senators products pose a serious risk to public glass. through the Senate Estimates process safety. • Windows in a 24-storey to raise the matter with the ACCC “The risk of a pane of dodgy glass development in Perth having to be – which is responsible for product falling out onto the street and causing replaced. regulation and the safety of consumers serious harm is every bit as real as • Grocon having to replace half the – and the Department of Industry, the risk of Hepatitis A from imported glass in its building at 150 Collins charged by the PM with addressing berries”, warns Michael O’Connor. Street Melbourne, at an estimated problems in the manufacturing sector. A 2013 report by the Australian cost of $18 million. Industry Group found: “Many building materials imported “There is far too much cheap • 92% of building and construction from China do not meet Australian and inferior quality products being businesses had substandard regulations and standards. Not only imported into Australia with serious products in their supply chains. has Tony Abbott broken a promise to immediate and longer term dangerous • Nearly half (45%) had suffered fix this, the removal of tariffs under an consequences for the public”, said financially because of such products. Australia-China FTA could pave the way Michael O’Connor. “The Federal for even more unsafe building products Around the country, the use of Government has a duty of care to all to flood into the country,” CFMEU sub-standard building materials has Australians to protect us from this. National Secretary Michael O’Connor resulted in expensive and potentially It needs to ensure that any imported said. dangerous safety and quality products meet standards expected of “The use of cheap, unsafe compromises, including: products we make in Australia, and imported building supplies has been • Sub-standard cable imported from accept nothing less”.

18 COMMON CAUSE VOL 81 NO.1 FEBRUARY/ MARCH 2015 Our union commits further support for Rescue Helicopter Service

or years now, our Union has been a mainstay of the Rescue FHelicopter Service and to show their gratitude a crew flew into a number of mine sites in the Mudgee area recently. The aircraft landed at the Ulan underground colliery, Moolarben Coal and Wilpingjong mine sites, where the crew participated in valuable simulated mines rescue training and had the chance to speak with site Emergency Response Team (ERT) members. Other emergency services such The chopper coming in to land at the Ulan mine. as NSW Ambulance and Police were involved in the day to ensure all services are familiar with the helicopter’s capabilities. Mooralben Lodge President Scott McDonald said: “Having the aircraft land in the region and speaking with our members was fantastic. Seeing the Rescue Helicopter up close is impressive and knowing it is available 24/7 after an emergency triple zero phone call is made is very reassuring for our members”. Michael Wilson, a Community Liaison Officer with the Rescue Helicopter Service, said: “We are proud to have such a long standing relationship with the mining community. Working with mines and CFMEU members as part of their safety training days With Moolarben miners and a view of the open cut helps our crews to learn more about the mines procedures and mines ERT members to learn first hand about our capabilities”. The Moolarben Lodge and the South Western United Mineworkers have pledged support for the Rescue Helicopter like the Northern District United Mineworkers in making regular tax deductible donations from their wages. Jason Lipscombe from the CFMEU said that “the members in our region are happy to support the Service as it’s a free of charge community owned and operated service”. To find out more about the Westpac Rescue Helicopter Service please call Mick Wilson on (02) 6764 9400.

VOL 81 NO.1 FEBRUARY/ MARCH 2015 COMMON CAUSE 19 Pictured above from left is General President Tony Maher, Tom McMahon, General Secretary Andrew Vickers and Fred Moore. Tom McMahon, along with his good friend and legendary miners veteran Fred Moore, addressed an international Mining and Maritime Workers Conference in April 2008 in Sydney. Their contributions inspired a standing ovation from the hundreds of delegates present from all over the world. Last of the Rothbury veterans Tom McMahon passes away at 102

he last surviving Rothbury improved safety and occupational health veteran, Tom “Tich” McMahon, regulations and their monitoring, pit- Tpassed away peacefully aged head bath houses and change rooms, 102 on 23 November. improved job security, compensation for Tom was the last veteran of the injury and work-related disease, a 40- lengthy and illegal lookout of 10,000 hour working week, a pension scheme miners on the Northern District NSW that would fund a decent and dignified coalfields in the 15-month long bitter retirement, sick pay and long service Depression era dispute that began leave and wages that allowed a worker in early 1929 and ended in mid-1930. to feed, clothe and otherwise support During that lockout, State police opened a family. fire on protesting miners who were In his Back at the Coalface and living conditions. marching on the Rothbury colliery recollections Tom said: “There were some bastard bosses to confront non-union labour. When “At Aberdare Central there were that I wouldn’t even talk to today, even the police guns fell silent, one miner, no change rooms. If you got drenched though I’ve been retired for years. There Norman Brown, was dead and dozens to the skin on the way to work you were companies that only cared about more had been wounded. went underground in that condition and production. One thing I know for sure, Tom’s tale had been told for then you came home in these same without strong unions and a rock solid posterity through our Union’s Australian wet clothes … Nothing we ever got rank-and-file, working people will get Coal Miners Oral History Project and was dished up on a plate. The push for nothing”. the associated book, Back at the decent facilities was an issue for years General President Tony Maher Coalface. In a series of interviews for … Without solidarity and without our paid tribute to Tom McMahon telling the publication, Tom described, in Union we wouldn’t have had anything. Common Cause that his passing marks moving detail, his first days as a 13-year- We fought hard for what we believed the end of an era. old pit boy at the Aberdare Central in and for what working people were “He was of a generation that was Colliery, entitled to. steeled in the most violent and bitter His initial reaction to working “Holiday pay and sick leave, long industrial struggles that our Union was 400 metres underground was fear service leave and super schemes forged from. It was workers like Tom and whether or not he had the ability didn’t just arrive at our front door. And who fought for the rights and conditions to contain that fear. Then, with the all those safety regulations and health we have today. It was people like Tom passage of time and after settling in to screening and redundancy pay didn’t who laid the foundations for our Union toil at the coalface, Tom began the long turn up in the post. They were real, movement today and we owe them march – like tens of thousands of other physical struggles, too – struggles a great debt for their courage and coal miners in Australia – to battle for against hunger and poor working sacrifices”, said Tony Maher.

20 COMMON CAUSE VOL 81 NO.1 FEBRUARY/ MARCH 2015 The Memorial to the Upper Big Branch Disaster victims. Devastated families recall horror of Disaster that killed 28 US coal miners in 2010 By Jonathan Tasini

ven among the big men in the work because I’m just scared to death repeated violations of federal mine mining community of Raleigh something bad is going to happen.” safety rules that led to the explosion. ECounty, West Virginia, Gary Joshua Napper had a similar bad The indictment says that: Wayne Quarles stood out, standing feeling, according to his mother, Pam. “Blankenship knew that UBB was 6 feet tall and weighing more than Leaving her home after church that committing hundreds of safety-law 136 kilos. He was only 33-years old Sunday in the nearby state of Ohio, violations every year and that he had but he already had 14 years working Napper headed to work back in West the ability to prevent most of the underground. He was the tall side Virginia, leaving behind letters for his violations that UBB was committing. shearer operator on the longwall at girlfriend and small daughter. In the Yet he fostered and participated in an letters, he wrote, “If anything happens the Upper Big Branch mine, one of understanding that perpetuated UBB’s to me, I’ll be looking down from heaven the toughest jobs given to only the practice of routine safety violations, in at you all”, adding that he loved them most skilled and experienced miners. order to produce more coal, avoid the and asked that “my baby girl” be costs of following safety laws, and make But, Quarles had a bad feeling about looked after. more money.” After the indictment, in the Upper Big Branch mine (UBB). A day later, April 5th 2010, huge the face of the mountain of violations Confiding to his friend Michael Ferrell on multiple explosions ripped through the recited in the indictment, Blankenship’s Easter Sunday, April 4th 2010, Quarles mine. Quarles, Napper and 27 other attorney was unrepentant, issuing a said, “Man, they got us up there mining, miners died in the highest death toll of startling statement that his client was and we ain’t got no air. You can’t see miners in the US in 40-years. More than “a tireless advocate for mine safety”. nothing. Every day, I just thank God four years after the disaster, something when I get out of that coal mine that I rare happened – rare for the US where ain’t got to be here no more. I just don’t CEOs never stand to account for the 835 safety violations in want to go back. When I get up in the death of workers. On November 13th 2-years mornings, I don’t want to put my shoes 2014, Don Blankenship, the former CEO The fear Napper and Quarles had on. I don’t want to make myself go to of Massey, was indicted on US federal expressed the day before they died work. I’m just scared to death to go to charges alleging that he orchestrated was understandable: in a two-year

VOL 81 NO.1 FEBRUARY/ MARCH 2015 COMMON CAUSE 21 period leading up the disaster, the mine was cited 835 times for violations of mandatory federal mine safety and health standards because the corporate management ran the operation with only profits, not people, in mind. In 2009 alone, one year before the explosion, the mine was cited 515 times by the US Mine Safety & Health Administration (MSHA) for safety violations – a rate twice the US national average. Air-related problems alone accounted for 48 citations. But, MSHA only hit the company with a total of $382,000 in fines in 2009, hardly a deterrent to prevent future violations. Because of the weakness of the US legal system – where the industrial safety standards are far lower than most other countries in the modern world and workers’ lives are routinely lost and chronic workplace-related Families of the Disaster victims protesting. illness is widespread – Blankenship is not being charged with murder or not eliminated, by the aggressive use of mines are the least unionized in the manslaughter. The charges are for rock dust, which is pulverized limestone US coal industry, largely because of violating safety regulations, and one rock. However, rock dusting at UBB was Blankenship’s intense hatred of the charge for making false statements a low priority because it costs money: United Mine Workers of America to the investing public and the US there was only one two-man crew (UMWA). In 1984, Blankenship, who Securities and Exchange Commission assigned part-time to dust the entire was running another Massey mining (which regulates financial markets) length of the massive mine. operation, brought in, for the first time about Massey’s safety practices before The indictment document, and in 60 years, scabs and armed guards the explosion. Still, if convicted on all an earlier independent investigation during a 15-month UMWA strike, which charges in the trial, which is set to begin ordered by the Governor of West would eventually end with the breaking on April 20th, Blankenship could spend Virginia, paints a harsh, brutal picture of of the Union. Without a union to watch three decades in prison. a company that, even by the standards out for workers, in a 10-year period, A longwall operation is a highly of the hard-nosed coal company culture, from 2000-2010, Massey mines racked efficient, profit center for a coal ran an operation that had no interest in up 62,923 violations, including 25,612 company, with a capital investment enforcing basic safety. The exhaustive considered “significant and substantial; of hundreds of millions of dollars. independent investigation concluded in that decade, it had the highest fatality It is capable of producing 2,300 tons in its 124-page report: “Ultimately, the rate of any US coal company, with 54 of coal an hour, generated by the responsibility for the explosion at the workers being killed, compared to just US$3.4 million drilling rig – made up Upper Big Branch mine lies with the six at Peabody Energy, the largest coal of two shearers composed of bits and management of Massey Energy. The company in the US. water spray nozzles that are supposed company broke faith with its workers by Blankenship was not a low-key CEO. to reduce coal dust – that rips back frequently and knowingly violating the He flew around in a helicopter, owns and forth across a thousand-foot law and blatantly disregarding known several mansion-sized gated homes, section of seam. The pressure to keep safety practices while creating a public and berated his employees if production the expensive operation humming is perception that its operations exceeded wasn’t up to his standards. In the state, intense, and, as a result, at the UBB industry safety operations…The April he bankrolled political campaigns to mine, safety was compromised: spray 5, 2010 explosion was not something elect politicians who were sympathetic nozzles were clogged and turned off that happened out of the blue, an event to the coal industry. He also wrote the day of the disaster, the roof was that could not have been anticipated cheques to the political campaigns of unstable, water up to four feet deep or prevented. It was, to the contrary, state judges, who stand for election in accumulated and coal dust regularly a completely predictable result for a West Virginia; in one election in 2004, built up to dangerous levels. company that ignored basic safety Blankenship wrote cheques totaling Crucially, rock dusting was standards …” $2.4 million (two-thirds of the entire inadequate at UBB. Tests done in the money raised) to elect a sympathetic US more than 100-years ago, as early Least Unionized mines judge who was running for a seat on as 1908, showed that the explosive Ignoring basic safety standards was the State’s Supreme Court – a judge dangers of coal dust could be muted, if also predictable because Massey who would later be the deciding vote in

22 COMMON CAUSE VOL 81 NO.1 FEBRUARY/ MARCH 2015 favor of overturning a US$50 million in multiple directions…”, traveling seven wants to see justice done. “My world civil fraud judgment against Massey. miles in various directions, spreading come crumbling down and it hasn’t No one wanted to speak up too into crosscuts as it sucked up new stopped since, and it’s what I don’t loudly in this non-union mine because coal dust as fuel, and “obliterating understand,” he told a local television being fired meant ending up working at everything in its path.” station. “How could she take my rights, a gas station, a fast-food outlet, a low- All the miners died from either and my thoughts and my feelings and wage Wal-Mart or a call center, all jobs carbon monoxide intoxication or put ‘em in a jar on the back side. What if that paid minimum wage or a bit more injuries, or a combination. One victim – she was there that day and her son was (at the time, the state minimum wage Nicholas McCroskey – was hurled with inside and her brother and her nephew was only US$7.25 per hour, which for a such force to the roof of the mine that and so many close, dear friends. What full-time job meant living at a poverty- he would only be found after searchers, if they was inside? It’s every day, it level existence). Those wages were who had passed under him multiple doesn’t end. Everybody says it’s going roughly half of an Upper Big Branch times, smelled his decomposing, to get better. It doesn’t get better. That mine paycheck, which could be close shattered remains. boy of mine, Cory Thomas, never slept to $70,000 a year, a huge salary in Today, a memorial commemorates on his crib, he slept on daddy’s belly. the economically depressed areas of the 29 miners, who were fathers, sons, Everywhere I went, he went. He was West Virginia. grandfathers and brothers to people in my best friend, as a child. Not only my a small community. Sheila Combs, the son, but my best friend.” Culture of death president of the memorial’s non-profit The indictment alleges that Blankenship foundation, says: “My father was a coal actively undermined safety by putting miner and mining is our history here, The victims who perished Families of the Disaster victims protesting. in place a system to evade safety our heritage. My motivation was shared Jason Atkins (25 years old); inspections: “…a scheme existed at with our whole group in that we wanted Christopher Bell (33); UBB to routinely warn underground to create a place that would not only Gregory Steven Brock (47); workers when federal mine safety honor the miners killed in the Upper Kenneth Allan Chapman (53); inspectors were on their way to Big Branch disaster, but honor all Robert Clark (41); inspect…Underground supervisors miners.” Charles Timothy Davis (51); then would direct miners to quickly Some of the families accepted a Cory Davis (20); cover up violations of mandatory federal US$3 million settlement offer from Michael Lee Elswick (56); mine standards that the mine routinely Massey (the company was bought William I. Griffith (54); committed, including missing ventilation by Alpha Natural Resources). Others Steven Harrah (40); control structures and devices, grieved qui etly. Kim Lane, whose Edward Dean Jones (50); accumulations of float coal dust and husband Rick was a foreman at the Richard K. Lane (45); loose coal, missing roof support, and mine, created a memorial garden on William Roosevelt Lynch (59); failure to properly rock dust the mine,” her property to pay tribute to all the Nicholas Darrell McCroskey (26); the indictment says. dead miners. As she told The Wall Joe Marcum (57); The series of explosions – blasts Street Journal, “Money is not the issue. Ronald Lee Maynor (31); that took place within milliseconds Healing my broken heart, the love that James E. Mooney (50); of each other – were triggered by I have for my husband, is the only thing Adam Keith Morgan (21); sparks as the 90-ton shearer cut into that matters to me right now.” Rex L. Mullins (50); the sandstone top of the longwall The judge in the case, Irene C. Joshua S. Napper (25); and ignited a bubble of methane gas. Berger, has imposed a gag order on all Howard D. Payne (53); Apparently, the longwall operator parties, including the family members Dillard Earl Persinger (32); sensed danger, and manually depressed of the dead miners; media organisations Joel R. Price (55); the stop button. But, it was too late. have vehemently objected to the gag Deward Scott (58); As the compressed air forced the order and are challenging it in a lawsuit. Gary Quarles (33); coal dust to become airborne, the A few relatives, though, are openly Grover Dale Skeens (57); explosion “generated its own fuel with defying the judge. Tommy Davis lost Benny Willingham (61); and air/dust mixture behaving like a line of his son Cory, a nephew and a cousin in Ricky Workman (50). gunpowder carrying the blast forward the disaster. He refuses to be silent and

VOL 81 NO.1 FEBRUARY/ MARCH 2015 COMMON CAUSE 23 Collinsville calls for support to honour history and legacy of Pit Ponies

t is just over 25-years since the last of the pit ponies working full time in IAustralia’s coal mines were retired and the people of Collinsville are determined to honour the history and legacy of our four legged co-workers. “The pit ponies are an essential part of our rich history and we are proud that the last of the working horses in coal mines was at Collinsville and we are determined to honour them”, Sue Clark co-ordinator of the Collinsville Connect Telecentre, told Common Cause. “So we have got a number of community activists together through the Collinsville Community Association and the Collinsville Connect Telecentre to launch a fund-raising drive to build a life- size, bronze, pit pony statue, situated in The last full time working underground pit ponies in Australia, Collinsville’s Mr Ed and Wharrier. the centre of the town that will be there for generations to come”. Sue told Common Cause that buckle, limited edition Pit Pony sticker the project is known as the Pit Pony and Name on the Wall. How to help Collinsville’s Experience and they hope to raise the $1,000 – 3D printed Pony, children’s Pit Pony Experience $150,000 for the venture through crowd Pit Pony book, Pit Pony buckle, limited funding. edition Pit Pony sticker and up to four Check out the website at www. “We are using “Pozible” a crowd Names on the Wall. pozible.com/project/190526 funding web site as the method to raise “Every donor, contributing $50 For further information the funds before 4 April and we are or more, will have their name on the contact: calling on all present and past Collinsville Honour Wall behind the Pit Pony statue”, Sue Clark and Scottsville miners, as well as Sue told Common Cause. “This is an Collinsville Connect Telecentre those would like to help us celebrate inclusive community project to make PO Box 201 Collinsville the history of pit ponies, to help us sure that the role pit ponies played Queensland 4804 raise the necessary money”, said Sue. in our coal mining history is not Phone: 07 4785 6934 “No donation is too small and we very forgotten”. Fax: 07 4785 6932 much welcome whatever people or Sue said that already there is strong Mobile: 0419 703 835 organisations can afford to help us local support for the project and former The project is being reach our target”. Collinsville residents were starting to managed by a joint working Those who donate will be recognised rally too. group from the Collinsville with the following options available: “It is hard to believe that it is just over 25 years since the last two pit Community Association and the $50 – Name on the Wall (Adult). ponies, Mr Ed and Wharrier, retired from Collinsville Connect Telecentre, $100 – Limited edition Pit Pony sticker the mines. It marked the end of an era two long standing community and Name on the Wall. but an era that we never want people to organisations. forget. Pit ponies were such an essential If you have any questions $250 – Pit Pony Buckle, limited edition part of working life in the coal mines please don’t hesitate to contact Pit Pony sticker and Name on the Wall. and their contribution should never be Sue Clark. $500 – Children’s Pit Pony book, Pit Pony forgotten”.

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