The Mining and Energy Union has condemned revelations that senior NSW Liberal MP Alister Henskens SC is acting for a Sanjeev Gupta-linked company seeking to recover millions from the liquidation of Tahmoor Coal while up to $30 million in unpaid royalties remains owed to the NSW Government.
According to media reports, Mr Henskens, the NSW Shadow Minister for Government Accountability, is acting as lead counsel for UK-based Clydesdale Engineering.
Clydesdale claims secured-creditor status following a series of financial arrangements involving companies connected to GFG Alliance. According to reports based on administrators’ documents, Tahmoor’s parent company transferred approximately US$82.5 million in debt to Clydesdale, with Tahmoor subsequently granting security over its assets in support of that debt.
The liquidators are challenging aspects of those arrangements as an alleged uncommercial transaction and seeking to restrict the amount Clydesdale can claim from the Tahmoor liquidation. Clydesdale is defending its position, with an eight-day hearing scheduled for November.
Tahmoor collapsed owing approximately $432 million, including up to $30 million in unpaid royalties owed to the NSW Government.
Workers endured more than a year of uncertainty as the mine’s financial crisis deepened. Hundreds of employees and contractors were affected by stoppages and stand-downs, over 230 permanent jobs were lost and a further 60 MEU members went without wages for months in the hope their jobs could be saved.
MEU South Western District President Bob Timbs said Mr Henskens and the NSW Liberal Party had serious questions to answer.
“Tahmoor workers and their families have been put through hell by the collapse of Tahmoor Coal under GFG Alliance ownership.
“Hundreds of workers and contractors lost jobs, wages and financial security. More than 230 permanent jobs were lost, while a further 60 of our members went without pay for months in the hope that the mine and their jobs could be saved.
“The people of NSW are also owed up to $30 million in unpaid royalties.
“Yet while that money remains unpaid to the NSW Government, a GFG Alliance-linked company is fighting to recover millions from the liquidation and the Shadow Minister for Government Accountability is helping it do so.
“This case could determine whether millions flow to another company linked to GFG Alliance while workers, other creditors and the people of NSW are left carrying the losses.
“Alister Henskens is the Shadow Minister for Government Accountability. Yet he appears to be earning legal fees helping a GFG Alliance-linked company pursue money from one of the most disgraceful corporate failures this state has seen.
“Mr Henskens should immediately disclose the full extent of his work for GFG Alliance-linked companies, how much he has earned from it and whether he intends to spend parliamentary sitting days in November appearing for Clydesdale.
“NSW Liberal leader Kellie Sloane also needs to explain what she knew about this work, whether she approved it and whether she believes it meets the standard expected of a member of her shadow cabinet.
“Does Ms Sloane believe it is acceptable for her Shadow Minister for Government Accountability to collect a taxpayer-funded parliamentary salary while helping a GFG Alliance-linked company fight for millions, when Tahmoor Coal still owes the NSW Government up to $30 million?
“Workers lost their livelihoods. NSW taxpayers are owed millions. Now a senior Liberal politician is helping a GFG Alliance-linked company try to get its money back while the state remains unpaid.
“This is unacceptable.”
Contact details:
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Emily Holm
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M 0400 382 271
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