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Queensland companies hit with sanction and formal warning

A QUEENSLAND construction company has been given a one-month sanction preventing it from tendering for Australian Government-funded work and another company has been issued a formal warning following ABCC investigations.

MCP (AUS) Pty Ltd has become subject to an exclusion sanction. Minister for Industrial Relations Michaela Cash has issued a one-month exclusion sanction against Queensland company MCP after a mobile concrete pump truck it was operating toppled while working on the joint Queensland and Commonwealth Government-funded Toowoomba Second Range Crossing project.

The concrete pump truck with a 60m boom had been incorrectly set up resulting in the boom overbalancing and the crane tipping over. No one was injured in the incident.

MCP pleaded guilty in the Toowoomba Magistrates Court to failing to comply with its health and safety duty under the Work Health and Safety Act 2011 (Qld) (WHS Act). The company was ordered to pay a fine of $50,000, along with costs.

MCP made full admissions before the court, and fully cooperated with the ABCC, took positive steps to remediate its conduct and satisfy the regulator that it had provided a measure of voluntary rectification.

The exclusion sanction is the first imposed under the Building Code 2016 for a contravention by a Code covered entity of health and safety laws. 

The Code provides that where the ABCC Commissioner refers a breach of work health and safety laws to the Minister, the Minister must impose an exclusion sanction unless the Minister decides it would not be appropriate in the circumstances.

In her letter to MCP imposing the sanction, which will extend to June 23, Minister Cash said, The Australian Government takes any work health and safety contraventions very seriously given the potential for tragic outcomes, including serious injury and death. While the fact that there were no injuries as a result of this particular incident weights against imposing a lengthy exclusion sanction, I am not satisfied that this, MCP’s cooperation with the ABC Commissioner or the steps taken to improve safety following the incident, render it inappropriate to impose any exclusion sanction at all.”

A formal warning has also been issued by the Minister to i2 Solutions.

Minister Cash issued a formal warning to Queensland-based building company Intelligent Infrastructure Solutions Pty Ltd, also known as i2 Solutions, for its failure to pay subcontractors and breaches of security of payment laws.

The road construction company, which went into voluntary receivership on June 1, 2020, has left subcontractors out of pocket to the tune of $166,375 and failed to make on time payments worth more than $1.19 million to contractors.

Prior to entering into administration, i2 Solutions operated in Queensland, NSW and Victoria on large road infrastructure projects.

In 2019 and early 2020, i2 Solutions failed to pay a number of its subcontractors on time or at all, on the M4 Smart Motorway project in NSW and the Logan Enhancement Project in Queensland.

The security of payment breaches committed by i2 Solutions include:

  • · failure to make payments totalling $1,196,416 on time to different subcontractors;
  • · failure to pay a subcontractor $127,026, determined by an adjudicator;
  • · failure to pay one subcontractor claims totalling $39,349;
  • · intimidating and threatening behaviour during an adjudication process with a subcontractor.

ABCC Commissioner Stephen McBurney said, "The breaches of security of payment obligations amounted to breaches of the Code. These had a serious and deleterious impact on the companies who had undertaken building work for which they were not paid or not paid on time.

“The conduct of i2 Solutions, their abject failure to remediate their conduct, to demonstrate contrition or remorse, or to rectify their conduct warrants the action taken by the Minister.

“The imposition of a sanction by way of a formal warning is an important outcome, supported by the public interest, to deter others from similar conduct, to publicise the breaches in this case and to ensure the industry is made aware of the contraventions committed by i2 Solutions.”

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AWU welcomes breakthrough on Australian fuel refining after months of discussions

AFTER MANY MONTHS of discussions, the Australian Workers' Union has welcomed a Federal Government intervention that will ensure Australia's last two fuel refineries remain open and continue to underpin the nation's fuel security.

The Federal Government has today announced it will guarantee a production payment to refineries in times of difficulty, as well as providing capital to co-invest in sulphur reduction upgrades. These measures will ensure the Lytton refinery in Queensland and the Viva refinery in Victoria stay running.

AWU national secretary Daniel Walton said after months of discussions with politicians and refinery management today's announcement was a great result.

"We've been saying for months Australia should never become a nation that can't make its own fuel, and that we need not reach that dire situation if we get a few policy settings right," Mr Walton said.

"We are extremely satisfied to see the Federal Government come to the party today with this very important suite of measures.

"The security of the production payment provision, along with the investment to make cleaner fuel, will underpin longevity for both refineries. Today's announcement will save thousands of jobs, both directly at the refineries and indirectly through jobs supported in the community.

"Importantly for the national interest, the ongoing viability of our refineries mean the skills of highly specialised technicians will be preserved – skills that will be needed as we transition toward a future of hydrogen and renewables.

“Being able to make our own fuel is a critical sovereign capability. Without it, we are completely at the mercy of trade routes that are threatened by potential international conflict or pandemics," Mr Walton said.

"If these refineries had shut it would mean Australia was fully dependent on fragile supply chains running through global hotspots to power our transport, aviation, agriculture, and defence industries.

"We urge the states to work with the Federal Government to ensure the Federal Government's policies are durable and calibrated to ensure Australia retains its fuel refining capacity.”

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Queensland’s first State of Volunteering Report uncovers the true value of volunteering

TODAY Volunteering Queensland will launch the first State of Volunteering in Queensland 2021 Report. The report found that, remarkably, more than 3 million people -- more than 75 percent of the population -- volunteered 900 million hours in 2020, a year that was challenging for all.

“We have always believed that the majority of Queenslanders volunteer in some way. Now we have the evidence to confirm that, with over 3 million Queenslanders volunteering – that’s a participation rate of 75.7 percent and certainly something we should all be proud of and celebrate," Volunteering Queensland CEO Mara Basanovic said.

“Whilst we now have evidence of the high participation rate in both informal and formal volunteering, there are still many challenges facing the volunteering sector. About 38 percent of volunteer-involving organisations saw a decrease in their volunteer numbers, with time and health reasons being the main barriers to people being able to volunteer," Ms Basanovic said.

The report has uncovered the true value of volunteering in the state, with volunteers contributing almost $84 billion in value to the Queensland community. 

Another astounding finding is the size of the volunteer workforce in Queensland. The volunteer workforce is three times the size of the Queensland Government and nearly as big as the private sector. The cost to replace the labour of this workforce in 2020 would have been approximately $37.1 billion.

"We have always known that volunteering is a valuable contributor to Queensland’s economy. Now we have the hard facts, each year volunteering contributes almost $84 billion to our state. 

Not only does volunteering contribute almost $84 billion annually to the community, it also offers a significant return on investment. For every $1 invested in volunteering, it delivers a return of $4.10 back to the community," Ms Basanovic said.

Queenslanders are motivated to volunteer to help each other, the simple act of giving, she said.

"As we celebrate National Volunteer Week 2021, we recognise the selfless act of over 3 million Queenslanders who are giving their precious time for an average 5.7 hours every week to help others."

On Friday May 21, as National Volunteer Week comes to an end, Volunteering Queensland will be celebrating these remarkable volunteers at the Queensland Volunteer Awards. 

www.volunteeringqld.org.au

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Inquiry into Defence relationships in the Pacific Report tabled

THE report of the Inquiry into Defence relationships in the Pacific undertaken by Defence Sub-Committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade was tabled last week.

Chair of the Sub-Committee Andrew Wallace MP said Defence and security challenges faced in the Pacific are now more prevalent and complex than ever before. ​

“It behoves all members of our Pacific family to be aware of emerging issues, and to face them together in an organised, collaborative, and coordinated manner. As a regional medium-power, Australia bears significant responsibility for creating the environment and providing the means to achieve this..” he said.

The inquiry report and its recommendations reflect the fact that there are several existing and proven defence initiatives and programs which contribute significantly to the Pacific Step-up. These include the long-standing Defence Cooperation Program and the Pacific Maritime Security Program.

The report also indicates that there are ways to improve these initiatives, as well as new and innovative ways to forge, deepen and strengthen defence ties between members of the Pacific family. This is where the future of Australian defence relationships should be focussed.

“From fisheries management, protection and surveillance, to humanitarian assistance and disaster relief, intelligence collection and sharing, climate change and the global pandemic, Australia’s defence organisation stands ready to play its part in the Pacific Step-up. There is, however, more to be done.” Mr Wallace said.

This Parliamentary inquiry examined Australia’s Defence relationships with Pacific Island nations in the context of the Pacific Step-up. The inquiry heard from a range of Academic, Government, and Non-Government Agencies over two days of public hearings in July 2020 and via a number of written submissions provided to the Sub-Committee from Government agencies, academia and individuals. ​

While the conduct of the inquiry was impacted by COVID-19, the submissions received, and evidence heard at public hearings was of the highest quality and the committee thanks all of those who contributed to it. This report and its recommendations reflect the committee’s belief that Australia’s defence relationships in the Pacific are extremely important, are becoming increasingly so, and that additional efforts can and should be made to ensure the security of our region in the years to come. ​

Further details about the about the inquiry, including terms of reference, details on how to contribute a submission and, when available, details of public hearings and roundtable discussions, can also be obtained from the committee’s website.

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Committee agrees to an international production orders regime

THE Parliamentary Joint Committee on Intelligence and Security tabled its report on Telecommunications Legislation Amendment (International Production Orders) Bill 2020 last week.

The Committee recommended that, following the implementation of the recommendations in its report, the IPO Bill 2020 be passed by Parliament.

The Chair, Senator James Paterson, said, “An international production orders scheme will provide Australia’s law enforcement agencies and ASIO with much faster access to evidence during the investigation and prosecution of serious crimes, a vital power in an increasingly digital world where much evidence is located offshore.

“The Committee’s recommendations seek to provide necessary assurances that any international agreement that Australia enters into under the provisions in the Bill are necessary, proportionate and subject to appropriate oversight.” Senator Paterson said.

The Committee recommended that the Bill contain a list of conditions governing designated international agreements, including on the non-use of the death penalty on Australian-sourced information, as well as the conditions a foreign country must meet prior to Australia negotiating a designated international agreement.

In addition, the Committee recommended that the authority to apply for an international production order be confined to senior officers in the relevant law enforcement agencies and ASIO. The Committee also made a number of recommendations to enhance oversight of the powers.

Further information on the inquiry can be obtained from the Committee’s website.

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