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MUA BHP Investor Alert INVESTORINVESTOR ALERTALERT •• 88 FEBRUARYFEBRUARY 20192019 BHP is damaging shareholder value through poor Environmental, Social and Governance (ESG) performance ships’ crew and the labour unions they Sharan Burrow, General Secretary of the Headline issues freely associate with in terminating International Trade Union Confederation its vessel management and crewing (ITUC), said at the recent Davos World BHP’s poor ESG performance must be a arrangements for two of its iron ore vessels Economic Forum that cause for serious investor concern and affecting the employment of Australian attention. “It is totally unacceptable for global seafarers on its ships, presumably to be businesses to exploit the workers of It has engaged in tax avoidance evidenced replaced by non-national seafarers in a low wage countries by transporting by its out of court settlement of an domestic cabotage trade, compounds its them to high wage jurisdictions to take poor human rights performance in its the jobs off local workers. This is not dispute relating to its Singapore iron supply chains (details in Appendix 2). how a good global corporate employer oreAustralian marketing Taxation hub, demonstratingOffice underpayment poor BHP’s cavalier approach means it behaves. For the trade union delegation governance (detailed in Appendix 1). has failed to uphold its human rights in Davos, the case of BHP represents the It failed to avoid major environmental commitments as a signatory to the UN crisis facing the global economy. BHP’s damage, loss of life and community Global Compact and the UN Guiding use of insecure, low wage jobs will do destruction in the Samarco mine disaster in Principles on Business and Human Rights. nothing but fuel insecurity, fear and Brazil, demonstrating poor environmental BHP’s decisions are likely to attract inequality. BHP’s corporate influence performance (detailed in Appendix 1). an adverse response from global and over the Australian government, who And now, BHP has failed to comply national labour unions, resulting in issued visas for low wage workers to with the intent of Australia’s national further investment risk, detrimental to the assist the sacking of Australian workers, shipping laws, creating a labour dispute millions of superannuation and pension demonstrates the risk to democracy demonstrating poor social responsibility. fund members who are invested in BHP. when governments fail to protect their Australian maritime cabotage law and It is time for investors to step up. BHP’s own citizens. Fear and insecurity are 1 shipping registration law are both hattrick of ESG failure is unacceptable. BHP generating an age of anger.” intended to retain and build employment is a global corporate citizen that needs Steve Cotton, General Secretary of for Australian national seafarers and to properly engage with stakeholders, the International Transport Workers help maintain a viable national shipping particularly labour leaders, many of whom Federation (ITF) has reinforced the industry. BHP’s attack on basic employee are investors as superannuation and message that national maritime cabotage rights and workplace responsibility to pension fund trustees. laws are the bedrock of the blue economy 1 INVESTOR ALERT • 8 FEBRUARY 2019 INVESTOR ALERT • 8 FEBRUARY 2019 and decent work for seafarers. The blue to shed light on the reasons behind the labour unions on the employment economy is built on the link between decision. and economic security impacts of the sustainability, safety, job growth and labour n The immediacy of the decision when operational decision to withdraw two rights. Liberalisation and abuse of cabotage BHP’s iron ore supply contract with Australian crewed iron ore carriers is a major threat to the blue economy and BlueScope does not expire until June from coastal trading, presumably to be international trade. Steve Cotton said that 2019. replaced by ships with non-national crew. “BHP’s replacement of decent jobs with n The closing down of a domestic exploited workers exposes their corporate (cabotage) shipping trade n Second, they have failed to respect the greed and the Australian government’s notwithstanding the intent of national rights of Australian seafarers to work failure to take responsibility for its own shipping law that require shippers and and ply their skills in their own country Notwithstanding that BHP is one of the largest 2 citizens”. shipping operators to, inter alia: (i) despite this iron ore trade being an exporters of bulk commodities from Australia, promote a viable shipping industry that entirely Australian business operation contributes to the broader Australian conducted within Australia and subject chartering hundreds of ships annually, it has failed in Background to BHP’s current economy; (ii) facilitate the long-term to Australian cabotage laws (principally dispute with maritime labour growth of the Australian shipping the Coastal Trading (Revitalising the nearly 7 years since the International Register was unions industry; and (iii) maximise the use Australian Shipping) Act 2012). established in 2012 to register even one ship on the of vessels registered in the Australian In addition, BHP has failed to engage with In early January 2019, Australian maritime General Shipping Register in coastal the International Transport Workers Australian International Register. labour unions, including the Maritime trading (in a trade that has operated Federation (ITF) and national seafarer Union of Australia (MUA), which represent successfully for more than 100 years), unions on appropriate labour standards the interests of seafarers and maritime when alternatives are available. relating to crewing, training and safety for seafarers on FOC ships chartered on the object of the CT Act in that it: n Promote the enhancement and viability tax incentives to increase Australian the ITF, were informed by BHP that the n The loss of Australian seafarer spot market for their international bulk n of the Australian maritime skills base content (employment of Australian national lastworkers two remainingin Australia, coastal and are trading affiliates bulk of Helps destroy the viability of the commodity and product trade. Nor has and the Australian shipping industry. seafarers) in its international shipping from iron ore carriers in Australia, would be seafarer labour market. shipping industry in Australia, and BHP consulted labour unions about its Australia. dumped immediately, presumably to be employment in a very difficult national removes the contribution of these ships Notwithstanding that BHP is one of the replaced by ships with non-national crew. to the Australian economy in terms of largest exporters of bulk commodities and crewed ships presumably to replace The two ships, the MV Mariloula and MV The maritime labour union employment, tax revenue, small and from Australia, chartering hundreds of Australianintentions regardingcrewed ships the inforeign its Australian flagged BHP’s Environmental, Social Lowlands Brilliance, both crewed by skilled and ITF request of BHP and large businesses that support these ships annually, it has failed in the nearly iron ore supply chain. 7 years since the International Register and Governance (ESG) Australian seafarers, are supplied by BHP BlueScope Steel ships regarding provisioning, bunkering, to service BlueScope’s steelworks. BHP has also failed to respect the human crewing, technical management etc; was established in 2012 to register even commitments Seafarer labour unions are requesting that rights of its workforce in its mining one ship on the Australian International BHP, which spun off its steelworks to form n Undermines the long-term growth of the BHP is a signatory to the United Nations the companies: operations as outlined in Appendix 2. Australian shipping industry; Register. Registration on the Australian BlueScope in 2002, has been providing International Ship Register requires Global Compact which obliges it to shipping services to the Port Kembla n Meet with maritime and steel industry n comply with the UN Guiding Principles labour unions as well as the ITF that just two senior members of the steelworks for more than 100 years. The reliability of Australian shipping as crew (usually comprising some 22 to 28 on Business and Human Rights requiring two vessels in question transport iron and IndustriALL (the global union How BHP has failed to comply partSeverely of the diminishes national transport the efficiency system, and crew members in total) to be Australian corporations to identify and assess any ore from BHP’s mining operations in Port federation representing steel and with Australian shipping laws by increasing Australia’s reliance on nationals and that the crew be covered actual or potential adverse human rights Hedland Western Australia to BlueScope’s mining workers) to ascertain the facts foreign shipping contrary to the national by a collective agreement made between impacts with which they may be involved steelworks in Port Kembla, in NSW, then behind BHP’s decision and to further National maritime cabotage law interest and contrary to enhancement of the owner of the ship and the seafarers’ either through their own activities or as transport coal to China before returning to discuss BHP’s shipping arrangements BHP has not acted in accordance with the national security; bargaining unit.5 a result of their business relationships. Port Hedland. The shipping operation is a between January and June 2019, and BHP also claims that that it is contributing
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