Doug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | Link to this | Hansard source

On 5 March I received correspondence from a New South Wales constituent, Mr Ian Macpherson, in relation to the tragic death of his son, Tim Macpherson. Tim was needlessly killed in a workplace incident at the Barangaroo Ferry Hub site.

I rang Mr Macpherson to offer my condolences to him and his family, and was shocked at the circumstances of his son's death. On Wednesday afternoon 1 March 2017, the transfer of a steel beam by the construction barge Maeve Anne at the Barangaroo Ferry Hub went horribly wrong. An unsecured steel beam was struck by the beam that was being lifted. The unsecured beam came crashing down onto the deck of the barge. For some reason, as yet unknown, at least two workers were on the deck of the barge, under the lift. One of them was a 32-year-old rigger/dogman, Tim Macpherson. Tim was crushed under the beam and was killed immediately.

Tim had his whole life ahead of him. He was married to Ashleigh, with a young son, Jack. Ashleigh is pregnant with their second child. Tim and Ashleigh had just purchased their new home in Windella, near Maitland in New South Wales. This is a young hardworking family man struck down in the prime of his life in yet another construction fatality. A lovely young family has been torn apart as a result of a construction industry death that was entirely avoidable. This tragedy should never have happened.

The main contractor for the Ferry Hub, McConnell Dowell; the barge contractor, Brady Marine & Civil; and the labour-hire agency that employed Tim, Constructive Workforce, all have questions to answer. New South Wales Maritime has questions to answer. The safety regulator, AMSA, the Australian Maritime Safety Authority, has questions to answer. There are so many questions in relation to this shocking incident that I believe the New South Wales coroner should conduct an inquest under the provisions in section 27. That is:

(d) if it appears to the coroner concerned that the manner and cause of the person’s death have not been sufficiently disclosed …

Among the many issues and questions that need to be disclosed are the following. Why did McConnell Dowell contract Brady Marine & Civil to carry out work on the ferry hub site when reputable barge operators could provide barges that complied with AMSA regulations? What steps were taken to ensure that the barge Maeve Anne was fit to sail from Brisbane to Sydney? What steps did McConnell Dowell take to ensure that the Maeve Anne, the barge used on the Barangaroo site, was fit for purpose?

Why were Brady Marine & Civil allowed to operate from February 2016 to 30 May 2016 with a barge that did not comply with AMSA safety regulations? What inspections were undertaken when the barge arrived from Brisbane and between February 2016 and 30 May 2016? Why did it take almost four months to issue the barge operator with a prohibition notice from the Australian Maritime Safety Authority?

Why did New South Wales Maritime, operating as the delegate of AMSA, issue a temporary operating exemption on Friday, 8 June 2016? What inspections were undertaken prior to issuing the temporary operating exemption? Why did AMSA issue a specific exemption to Brady Marine for certain requirements in the act on 6 October 2016? What inspections did AMSA carry out in granting this exemption?

What inspections were undertaken by New South Wales Maritime or AMSA prior to the issue of a certificate of survey and operation on 21 October 2016? What steps has AMSA taken to ensure that sufficient resources are in place within AMSA and its delegated agencies to ensure that safety regulations are being complied with? Why did McConnell Dowell deny the Maritime Union of Australia right of entry to the site and the barge under the New South Wales workplace health and safety legislation in November 2016?

AMSA, New South Wales Maritime and these companies should answer these questions now.

I had a meeting with Paul Garrett from the MUA and Brian Parker of the CFMEU, who provided photographs of the barge following the death of Tim Macpherson. Problems identified with the barge included rusted, insecure and non-existent safety handrails; fire extinguishers and pumps that were not correctly stored or secured; the poor condition of lifebuoys, to which you could not get access to get them out, because they were tethered wrongly; obstructed walkways; the general untidiness of the barge deck, with trip hazards; shipping containers that were not properly secured; and the poor general condition of the barge. I have had decades of experience of working in and representing workers in heavy engineering around the country. The conditions of this barge beggar belief, and they are unacceptable in any construction or engineering undertaking in this country.

AMSA should also advise as to what steps were taken to ensure that the nine conditions on which AMSA granted the exemption certificate were complied with. McConnell Dowell and Brady Marine should advise of steps taken to comply with the conditions in the exemption certificate.

The death of Tim also raises questions for the Minister for Transport and Infrastructure in New South Wales. The minister should detail what precautionary steps were undertaken by Transport for New South Wales to provide a safe work program at the Barangaroo Ferry Hub when the barge Maeve Anne was issued a prohibition notice and taken offline by Roads and Maritime Services on 30 May 2016.

The unions have still been unable to gain details of wages, superannuation payments and workers compensation by the labour hire company who employed Tim. The unions are concerned to ensure that the legal obligations of the labour hire company, Constructive Workforce, have been met. Attempts to gain legitimate information from the company director, a Ms Millie Booth, have been unsuccessful.

Ms Booth, part of the Liberal Dominello family and a prominent campaign manager for the Liberal Party in New South Wales, registered Constructive Workforce on 1 July 2014. This was eight weeks prior to her previous company, Solutions People Group Pty Ltd, going into liquidation on 15 September 2014. Questions have to be asked in relation to the legitimate operation of this company and whether it is simply a phoenix company designed to avoid Ms Booth's legal obligations arising from the liquidation of Solutions People Group Pty Ltd. Millie Booth nee Dominello must immediately engage with Tim's union and provide proof that she has met all her legal obligations to Tim and any other labour hire worker she is engaging on this and other sites.

Tim's father advised me that he was extremely grateful for the support of the CFMEU and MUA. He advised that he was concerned at the politicisation of his son's death by the Minister for Employment, Michaelia Cash.

On behalf of Labor, I wish to express our condolences to Ashleigh, Jack, Kay, Ian and Christina, a family who will never be the same again, a family who have had a tragic loss that was entirely avoidable. There are too many construction deaths in this country.