Terminated BMA miner Roy Smout told he hasn’t “adjusted to the modern workplace”

A CQ miner terminated because of comments he made towards female cleaners was told he hasn’t “adjusted to the modern workplace” by the Fair Work Commission. Here’s what he said.

Whitehaven Coal's Blackwater mine in Queensland's Bowen Basin. At the time of Mr Smout’s employment, BMA operated the mine.

A CQ miner stood down because of sexual comments he allegedly made towards two female cleaners – including saying “what happens in WA stays in WA” and calling them “f—king useless” – achieved a slight win in his unfair dismissal appeal.

BMA Blackwater Mine worker Roy Smout’s employment was terminated this year after an investigation into serious allegations he harassed two female cleaners contracted at the mine.

Mr Smout said he’d worked for BHP for almost 38 years and never had any disciplinary warnings during his long career with the company.

According to a Fair Work Commission (FWC) judgment, BHP alleged on March 1, 2024, in the male toilets near the coal handling and processing plant (CHPP), Mr Smout made sexually suggestive comments to the two cleaners “without their invitation or consent”, asking them if they had partners, asking one of the cleaners if she could trust her partner who worked in Western Australia, and suggesting her partner was sleeping with other people saying “what happens in WA stays in WA”.

A day later, on March 2, near the CHPP control room, Mr Smout again allegedly made sexual comments to the two cleaners and referred to them as “dumb cleaners” and “dumb b-tches”.

Capricorn Highway: Road signs to the Blackwater Mine CHPP area. Picture: Rae Wilson

According to the BHP investigation, it was claimed Mr Smout pointed out his wage was double theirs and “suggesting they talk to a male supervisor about getting a job and use their bodies to sexually provoke the supervisor to offer them a job”.

Mr Smout was employed as a process technician and a trainer assessor.

One day later, on March 3, in the CHPP crib room, BHP alleged Mr Smout made an “offensive” comment to the two cleaners saying “are yous f--king useless and need three extra cleaners”.

Mr Smout submitted in the FWC report the allegations were false, but BHP said he lied when interviewed about the allegations and his failure to take responsibility for his actions raised “serious concerns about the company’s abilities to have trust and confidence in you moving forward”.

Mr Smout said on March 1 he’d entered the dirty side of the bathhouse to get his helmet from the locker when he saw the two female cleaners.

He submitted to the FWC that his wife worked as a cleaner in Yeppoon so he “always tried to be friendly and welcoming to the cleaners on site” and engaged in a “general get-to-know-you conversation”.

Mr Smout said when he learnt one of the cleaners had a partner who worked in Western Australia he “attempted to make a joke” and said “can you trust him? What happens in WA stays in WA” which he intended to be a “trite ice-breaking phrase”.

Mr Smout also submitted he asked about their wages, comparing it to what his wife made and asking them if the extra $10 an hour was worth it.

According Mr Smout’s defence, the cleaners both mentioned they were hoping to get mining jobs and he suggested they may be candidates for traineeships available to people between 18 – 25 years of age who live locally and suggested they talk to Workpac who often take on “greenskin” employees and talk to the mining superintendents about possible employment.

After March 1, Mr Smout said he only had “very brief conversations” with the cleaners in passing.

Fair Work commissioner Bernie Riordan found he was satisfied with BHP’s investigation of the allegations, and was satisfied that the comments about the women were made.

Commissioner Riordan said Mr Smout had “clearly not adjusted to the modern workplace” by joking like he did about “what happens in WA stays in WA”.

Bernie Riordan (left), former Electrical Trades Union (ETU) NSW secretary, current Fair Work Commissioner, said he was satisfied and there was enough evidence the comments did occur. (AAP Image/Joel Carrett)

“While I accept the Applicant did not mean any malice from his comments, the complainants found them to be inappropriate and offensive,” Commissioner Riordan said.

However, Commissioner Riordan did not agree harassment occurred when Mr Smout called the women “dumb b—ches” and “f—king useless” as swearing is commonplace on that worksite and it was not aimed at one person in particular.

At the time the Blackwater mine was being sold to Whitehaven, which was due to take control of the mine on April 3.

Mr Smout and his legal team from the Mining and Energy Union submitted the sale process meant senior leadership was told they needed to finalise the long-time worker’s disciplinary action by April 2.

The FWC report did find the termination process was rushed and ordered BHP to pay Mr Smout one week’s pay for the extra seven days the show cause process should’ve run for.

Mr Smout’s application to be reemployed with BHP and paid for his lost wages was not accepted by the Commissioner.

Originally published as Terminated BMA miner Roy Smout told he hasn’t “adjusted to the modern workplace”