Qld mines stalling statutory roles’ direct employment rule: MPs

Qld’s resources sector has just days to comply with strict new “critical” safety measures after requests to delay them were rejected. Read why MPs say this’ll put workers at risk.

Opposition spokesman for Natural Resources, Mines and Energy Pat Weir (left) and Mines Minister Scott Stewart clashed over the proposed changes to the Queensland Coal Mining Safety and Health Act.

Queensland coal mines have just days to comply with strict new “critical” safety measures after requests to push them back 12 months were rejected.

It comes as the state government voted to approve contentious amendments to the Queensland Coal Mining Safety and Health Act during the Wednesday sitting of parliament.

Numerous MPs had tussled over the changes for hours the day before with LNP members arguing Labor’s “rush job” on its bill would put mine workers at greater risk of harm.

First introduced in May, 2020, the changes legislate coal mine operators can appoint only direct employees in safety-critical statutory roles.

The regulation comes into effect on November 25.

Mining Resources Scott Stewart, in reading the bill for the second time on Tuesday, said the responsibility for mine workers’ safety could not be “fragmented across multiple companies”.

Mr Stewart had said mines were given 18 months to appoint the roles but they “unfortunately” waited until near deadline to outline challenges.

Mines granted three exceptions

He said after further consultation with stakeholders including mines, the Mining and Energy Union, and the Queensland Resources Council, the implementation deadline was pushed to November 25, 2022 with three exceptions to the direct employment rule made to give greater flexibility.

The first exception covers mines operating as joint ventures, with companies able to appoint roles – including senior executives, underground mine managers and ventilation officers – from across their different operations.

The second exception excuses mines from the rule for up to 12 weeks when unplanned short-term vacancies occur across the roles of SSEs, UMMs, VOs, open cut examiners, explosion risk zone controllers, electrical engineering managers and mechanical engineering managers.

Premier Annastacia Palaszczuk visits the Isaac Plains coal mine. Under the proposed changes to the Queensland Coal Mining Safety and Health Act, Isaac Plains will meet requirements for third exception.

The third exception allows entities such as large contracting companies to appoint statutory role holders when they employ up to 80 per cent of a coal mine’s workforce.

Mr Stewart said the latter exception would apply to 11 open cut mines and one underground mine.

“This is not about making a distinction between contractor and labour hire companies and it’s certainly not about saying certain type of companies are better when it comes to safety,” Mr Stewart had said.

“This is about creating a central point of responsibility … critical to protecting the safety and health of coal mine workers regardless of who their employer is.”

Turi Wiki (left) and Wayne Sellars (right) were two of the five men injured in the 2020 Grosvenor mine explosion, which was the impetus for the proposed changes to the Queensland Coal Mining Safety and Health Act currently before the state government.

The second exception in particular was met with fierce opposition with numerous MPs lamenting it was impossible to fill statutory roles in 12 weeks.

Alleged rush job

Opposition spokesman for Natural Resources, Mines and Energy Pat Weir said the government’s rush job in tabling the bill on October 12 as urgent had undermined its original worthy intentions.

“The intention was to ensure that holders of statutory roles at coal mines can make safety complaints, raise safety issues, or provide assistance to an (official) about a safety issue without fear of reprisal … to their employment,” Mr Weir said.

“I cannot emphasise (enough) how short we are of these critical roles.

“(The bill will) reinforce serious skills shortages currently faced by the industry.”

Mr Weir tabled an amendment on behalf of the LNP for mines to be given a further 12 months to “adequate(ly) train staff”.

But Kurwongbah MP Shane King rejected Mr Weir’s move saying the amendments were already a “relaxation of sorts” from original legislation.

‘Dragged its feet’

“The industry has had two-and-a-half years to train these people up … why haven’t (they)?” Mr King said.

“It appears to me the industry has dragged its feet.”

Also lending their support to the bill was Mundingburra MP Les Walker; Hinchinbrook MP Nick Dametto; Bundamba MP Lance McCallum who said the government must “never accept anything other than a zero harm approach” regarding the resources sector; Mount Ommaney MP Jess Pugh; Yeppoon MP Brittany Lauga who said she was proud to be a member of unions representing miners; and McConnel MP Grace Grace who echoed criticisms over another extension.

“When you’ve got both sides (the MEU and the QRC) not happy, and you’re in the middle, then you know you’ve probably struck the right balance,” Mrs Grace said.

Members speaking against the bill were Gregory MP Lachlan Miller who called the stated government’s response to mining incidents “surprisingly sluggish”; Toowoomba MP Trevor Watts who said the Labor Party’s efforts while sincere were rushed; Callide MP Bryson Head who said implementing key changes without supporting evidence was “absolute madness”; Maiwar MP Michael Berkman who said he could not support the bill’s “dangerous elements” despite mine owners putting profit before “nuisance” safety measures; Lockyer MP Jim McDonald who backed the MEU’s stance the bill “placed mine workers at risk”; and Burdekin MP Dale Last who said SSEs don’t just appear “by magic”.

Discussion of the Coal Mining Safety and Health and Other Legislation Amendment Bill will continue in parliament this week.