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QLD FIFO inquiry wants anti-discrimination laws amended

AMENDING anti-discrimination legislation was one contentious recommendation handed down on Friday 9 October in a Queensland Parliamentary Committee report into fly-in, fly-out (FIFO) work practices in regional Queensland.

The latest report follows recommendations drafted in July but publicly released last week by a separate independent review panel commissioned by the Palaszczuk Government.

Committee chair Jim Pearce MP said the committee recommended the government consider making changes to the anti-discrimination legislation ‘to stop local workers being discriminated against on the basis of where they live for work’.

“The message to the committee was loud and clear – all people should have a genuine choice of where they live for work,” Mr Pearce said.

“The committee was concerned about some resource companies only sourcing workers from Brisbane or Cairns and did not want to make retrospective recommendations that could create sovereign risk.”

Among its 19 recommendations, the committee also suggests that the government assist local government to check on temporary accommodation villages to ensure they are operating within their conditions of approval, and that a whole of government policy framework for managing FIFO be developed which includes minimum standards for the provision of substantial temporary and permanent accommodation for FIFO workers.

These minimum standards would advise against ‘hot-bedding’ and relate to room design, private spaces and storage facilities, communication services, health services and facilities, recreational areas, and food options.

Responding to the report, AREEA executive director – policy and public affairs, Scott Barklamb, warned that imposing excessive regulation on FIFO work in Queensland would further damage an industry already struggling with a commodity price slump and investment downturn.

“Providing employees with a choice of where they live for work sounds fine in principle, but in practice the proposal (to amend anti-discrimination laws) would give rise to unwarranted lawsuits across Queensland workplaces, not just those in the resource industry,” he said.

“Queensland resource companies take their social licence to operate very seriously, with many already investing in comprehensive recruitment, training and apprenticeship programs to source skills from local communities.

“The industry also has well-established health and wellbeing programs for both FIFO and non-FIFO employees and strives to provide the best possible food and facilities. However, having a government prescribe what employees eat and the décor of their bedrooms would be over the top.

“Today’s recommendations may be well intentioned, but they seem to have been drawn up with little knowledge of the resource industry and how it actually operates in Queensland.

“We encourage the Palaszczuk government to work with industry employers to understand leading industry practices on FIFO work and promote them more widely, and to not embark on additional heavy handed regulation enforced by more state and local government inspectors.”

Mr Barklamb said if the resource industry is to secure the confidence of the international investment community and keep delivering royalties and taxes to help fund Queensland’s schools, police and  community services, it cannot be burdened by even more red-tape, legislation and regulation.

“The reality is Queensland’s resource industry isn’t as competitive as it used to be, so simply imposing more regulation on the way resource companies manage their workforces would drive even more potential Queensland resource jobs offshore,” he said.

“International analysts already rank Queensland as an increasingly less attractive place to invest, and the new regulation recommended today would exacerbate this.

“The government now has two reports before it on FIFO work. If it is to come up with sensible and effective responses, it must work with the resource industry and not rush to announce new regulation based on reports and recommendations the industry cannot have confidence in.”

The state government is expected to respond to the committee’s recommendations within three months.

Your feedback sought

AREEA is seeking member feedback on the independent review panel’s recommendations and the latest parliamentary committee recommendations.

Please provide feedback by 20 October to:

  • Tristan Menalda, senior industry policy adviser on (03) 9614 4777 or [email protected]
  • Scott Barklamb, executive director, policy and public affairs on  (03) 9614 4777 or [email protected]
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