investigation
FIFO assault inquiry: What happened the last time Parliament tried to change State’s mining industry?

Nearly 150 formal submissions. Twenty-one public hearings. Forty-two findings. And 30 recommendations — including significant changes to legislation and a new code of conduct. The last time the mining giants were hauled before a WA parliamentary inquiry, the probe captivated our State and dominated the news agenda. Yet as the then-chair of the education and health standing committee, Graham Jacobs, held a press conference to release the findings into a mental health crisis among FIFO workers, he lamented how it should not have taken revelations of the death of 25-year-old Rhys Connor and the bravery of his family to release his suicide note for the industry to act. Now a new inquiry is about to start. One where the stakes are just as high. And one where no doubt people will again ask why the industry wasn’t already acting? Why it had taken grim revelations from the media to force the most powerful companies in our State to protect their workers. The front page headline on June 8 of The West Australian read: “RAPE CLAIM AT BHP MINE”. The next day it was: “BHP MINE FIFO RAPE CHARGES”. On June 24 it read: “FMG LATEST MINER TO FACE SEX ATTACK ALLEGATIONS. And then this week, on July 6, it was: “MORE BHP RAPE CLAIMS”. Every headline sent a shock wave through the community. The diverse nature of mining meant these headlines were just as impactful to the suburban mums and dads in Rockingham as they were in the C-Suites of St Georges Terrace. WA is a mining State. There are roughly 60,000 workers who rely on fly-in, fly-out jobs. We export $174 billion worth of minerals and energy. The richest man and richest woman in Australia make the bulk of their money off iron ore dug from our dirt. Sandgropers are incredibly proud of their mining heritage. Yet a report by the Human Rights Commission last year found 74 per cent of women in mining had experienced harassment in the past five years. And one-third of FIFO workers experience high or very high levels of psychological distress, according to a 2018 report supported by the Mental Health Commission and Curtin University. There was another front-page headline amid the run of exclusive reports revealing the grim attack allegations. On June 25, The West Australian’s cover read: “MINERS BACK FIFO RAPE INQUIRY”. The mining giants — BHP, Rio Tinto, FMG, Woodside and Newmont alongside the Chamber of Minerals and Energy — had united behind a proposed inquiry into sexual assault in the resources sector and apologised to victims. In the wake of The West Australian’s exclusive stories, the inquiry had been pushed by deputy Liberal leader and community development and justice committee chair Libby Mettam. Ms Mettam, who represents the seat of Vasse in the South-West and is one of just two lower-house Liberals to survive the recent State election carnage at the hands of Premier Mark McGowan, launched an “inquiry into sexual harassment against women in the FIFO mining industry” this week. Ms Mettam told The Sunday Times she hoped to create strong recommendations that would lead to long-lasting change. Her probe will mean Australia’s biggest mining companies can be compelled to provide evidence at the committee’s hearings before a report is tabled back to Parliament early next year. She said sexually assaulted mine workers would have the opportunity to tell their stories in confidential submissions before August 6 and behind closed doors during hearings. “We will be open to what we receive. That’s why those confidential public submissions are critically important in shaping the direction of the inquiry, as well as those we’ll obviously receive from industry as well,” Ms Mettam. “In terms of getting that very first objective about the clear understand of the extent of sexual harassment and assault — a lot of that will be up to being able to attain some real feedback from those who have experienced working in the FIFO industry. “That’s why I’m underlining the fact that the public submission process is vitally important. “Those submissions will be received and they are confidential submissions. They are critically important in being able to inform us but also to create some recommendations at the end of this process.” WA Premier Mark McGowan has been among those to back the inquiry’s launch this week. That’s important as Ms Mettam’s committee members are all Labor MPs; Kimberley MP Divina D’Anna, Collie-Preston MP Jodie Hanns, Burns Beach backbencher Mark Folkard, and Bateman MP Kim Giddens — who has worked as a mining truck driver. The Chamber of Minerals and Energy chief executive Paul Everingham said the more than 70 member companies were “committed to actively engaging and participating” in the parliamentary inquiry established. Mr Everingham confirmed the CME would provide a submission and attend the inquiry if invited by the committee. “CME hopes that all sector workers who have experienced rape, sexual assault or sexual harassment will feel safe and supported in sharing their stories, whether it’s through submissions to this inquiry or in other environments,” he said. “CME and its member companies are working in parallel to the inquiry to eliminate instances of unacceptable behaviours in the sector’s workforce and provide environments in which all workers feel safe.” Since The West’s reporting CME established a responsible and safe behaviour working group to develop a code of conduct that will stretch across any work-related area, such as an on-site pub or “wet mess”, corporate office, and even at conferences such as Diggers and Dealers. The code, which top resource sector executives will help form, will focus on employee behaviour after hours on site, at external events and on social media. Rio Tinto iron ore chief executive Simon Trott has said he would be fully supportive of any public enquiry, after last month revealing the international miner had also been embroiled in rape and sexual harassment allegations. He was among the industry leaders — including BHP’s head of WA iron ore Brandon Craig — to be supportive of Ms Mettam’s inquiry before it was officially launched. Earlier this year, the company had set up a “Respectful behaviours taskforce” with former Australian Sex Discrimination Commissioner Elizabeth Broderick. On Friday, The West revealed Rio Tinto had joined BHP in introducing tough new booze restrictions of four daily alcoholic drinks. Mr Trott said the new alcohol crackdown was to “create an environment free from anti-social behaviour” in the wake of the sex attacks, which he added had no place at Rio. Other on-site prevention measures introduced have included improving liveability of villages, increasing recreational and fitness activities, improving food options, and enhancing security measures. “Our responsibility is to run villages that are safe, respectful and inclusive. We have sought feedback from our workforce and carefully considered how we can improve the experience of living at our villages. These measures, including to alcohol availability and service, are part of our ongoing efforts,” he said. Western Mining Alliance co-founder and CFMEU mining representative Greg Busson said he understood the cause for restrictions and labelled the sex attack inquiry as “long-overdue” but warned against any notion of zero-alcohol dry camps, saying workers deserved to have a responsible drink after a shift. Booze bans are already in place on many coastal petroleum operational rigs. Mr Busson added activities and after-work entertainment options should be expanded if consumption liberties were to be cut back. A Woodside spokeswoman this week said the company welcomed the launch of the inquiry. “We are considering the terms of the inquiry and the nature of any submission. Woodside is committed to providing a safe working environment and encourages impacted workers to share their experiences with the committee,” she said. FMG chief executive Elizabeth Gaines said harassment of any kind was “considered serious misconduct and may be grounds for dismissal”. “Fortescue will fully co-operate and assist with the inquiry by the WA Parliament into sexual harassment against women in the FIFO mining industry,” she said. “Respect and integrity are at the cornerstone of our culture and values and all team members are empowered and strongly encouraged to speak up through our well-established processes. “We have clear guidelines in place for the responsible consumption of alcohol, including daily mandatory alcohol screening before the start of every shift, as well as random drug testing. We regularly review our policies to ensure a safe environment for all team members.” A Newcrest spokesman also welcomed the inquiry and said it would be fully supported. “Newcrest and our mandatory training requirements, Code of Conduct and Workplace Behaviour Standard outline the standards of behaviour we expect from all our people and also encourage early reporting of any incidents,” he said. “Employees are actively encouraged to report any concerns directly to management, or if they are uncomfortable in doing so, are supported to raise concerns through our independent and confidential ‘Speak Out’ service, Fair Treatment Procedure and Resolving Workplace Behaviour Complaints Procedure.” A Northern Star spokesman welcomed the opportunity to collaborate with the government inquiry as well as key industry and professional groups, to address sexual harassment. “Northern Star wishes to ensure there is a clear understanding across the entire industry about the prevalence, nature, outcomes and reporting of sexual harassment in FIFO and other mining industry workplaces,” he said. “We recognise that company culture, recruitment practices, gender balance, rosters, and site policies potentially all contribute to the risk factors for sexual assault, sexual harassment and sexual discrimination in the workplace.” The Minerals Council of Australia this week released a new national industry code on eliminating sexual harassment this week. Council chief executive Tania Constable said the code “establishes clear expectations on companies in developing a culture of respect that empowers individuals to raise concerns in a supportive and protected way”. She added that the council would be “pleased to give evidence before the relevant inquiries”. “Sexual harassment causes profound physical, emotional and psychological impacts on those affected. It is unacceptable, against the law and must be eliminated from our industry’s culture and workplaces,” she said. The father of Mr Connor, who took his life in 2013 and left a note warning West Aussies “don’t know what it’s like to work FIFO and have depression”, had a simple message for the inquiry. “Legislate or don’t bother,” Peter Miller said. “Eight years from the start of our journey after losing our son Rhys, still no legislation and still a huge mental health impact not only in the FIFO workplace but it is compounding in our communities. I think all these parliamentary inquiries are an absolute waste of time.” FIFO Sexual Harassment Inquiry terms of reference: Lifeline: 13 11 14 1800 RESPECT

investigationFIFO assault inquiry: What happened the last time Parliament tried to change State’s mining industry?

investigation
FIFO assault inquiry: What happened the last time Parliament tried to change State’s mining industry?