The Australian Workers' Union welcomes WorkSafe’s decision to prosecute Victory Minerals and Carr Mining Services following the tragedy at Ballarat Gold Mine in March 2024.
Kurt Hourigan, 37, died and Connor Smith, 21, was critically injured when the section of mine they were working in collapsed 500 metres underground. The workers were performing 'air legging', a dangerous manual drilling technique on unsupported ground when the rockfall occurred.
The charges under section 21(1) of the OHS Act are an important step, but we believe this case demands more. It is almost two years since the tragedy. The AWU believes the evidence gathered during the investigation should be sufficient to pursue the most serious charges available under our workplace safety laws.
In 2023, a geotechnical engineer warned mine management that reintroducing air legging without adequate ground support could lead to rockfall-related injuries. The engineer resigned weeks later. An internal memo from the mine's previous operator declared the "globally accepted standard that 'we don't work under unsupported ground'" was "dated," citing cost concerns as the reason for abandoning basic safety measures.
The senior decision makers in this company need to be held accountable. Victoria's industrial manslaughter laws were created for exactly this reason, to ensure individuals face real consequences when workers are killed because of negligence.
We can't keep having excuse after excuse. WorkSafe have had numerous opportunities in the last two years to put bosses behind bars since these laws came into effect on 1 July 2020. One too many Victorians have died at work, including 43 this year alone. We've had one prosecution for industrial manslaughter, and not a single person has gone to jail. Fines don't fix bad bosses. These laws are meaningless if no one ever serves time for killing workers.
We know giving evidence can be daunting, but without people coming forward to tell the truth, these bosses will not be held accountable, and another death will have happened without consequence. Every person who has information about what happened has the power to ensure real justice prevails and prevent future tragedies.
The AWU believe that WorkSafe has the evidence and the tools to pursue industrial manslaughter charges. We urge them to do so. Victorian workers deserve better than a workplace safety system where the people in charge face nothing more than corporate fines when workers are killed.
Quote attributable to AWU Victorian Branch Secretary, Ronnie Hayden
"We welcome these charges as an important first step, but section 21 prosecutions alone are not enough when a worker is killed due to clear negligence. We believe the evidence shows warnings were ignored and safety standards were abandoned just to save a dollar.”
Quote attributable to AWU Victorian Branch President and lead country organiser, Ross Kenna
“The people who made those decisions need to be held personally accountable under industrial manslaughter laws. We support WorkSafe's work to gather all the evidence needed, and we urge them to pursue the charges this case demands."
Media Contact: Sasah Dougherty 0438 498 305