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BIG BROTHER Workers Blacklisting Database Exposed
To suggest a $2 clandestine computer company, no phone book listing, operating from within the confines of an Australia Post box, is controlling your working life across Australia you would think would set alarm bells ringing.
Further concern would heighten once finding that leading corporations in Australia are paying this covert company to process all employment applicant information from a database they control and these corporations without question accept the findings as gospel.
- What sources other than the application form is this data derived from?
- What protection is covering such sensitive information and the security of the database against tamper and theft?
- Why have good workers with proven record of accomplishment in evidence been rejected for work after this company started appraisal for employers?
Les McLaughlan, from the Electrical Trade Union/CEPU, deliberately misleads members as to the magnitude and ramifications of ERMS to the workers of Australia. You need to see this video before you read the story…
SOS-NEWS were alerted to this workers blacklist being banded around mining corporations in Western Australia derived from information furnished by ERMS Solutions.
This employment application form suggesting it is a S&N CONCRETING & CONSTRUCTIONS document, reveals checking each page footer - Copyright ERMS Solutions. All rights reserved .... [HERE]
Insight Logistics Pty Ltd
A product of Perth Curtin University of Technology, Declan Stephen Hoare joined Gerard Daniels 1998 – 2006 a corporate head-hunting group with CEO Lloyd Smith. also an old boy of the same university. Moving to Bright People Technologies, claiming a first to utilise web based technologies to help maximize their clients workforce management systems return on investment, stating on their website under a heading – Labor Verification Services –
“Bright provides clients with a labour verification service to independently check the standards of the workforces being mobilized to site”.
Office space further compressed for ERMS we learn Bright People Technologies also live in PO Box 1010 at West Perth Post Office, raising the question, why do BHP Billiton, Woodside, Newmont, Alcoa, Newcrest, CITIC Pacific utilise services from this covert people control organisation that hatch from $2 companies?
What a tool being operated by this company requiring no brainpower to use by the CFMEU intellectually challenged executive of this multimillion-dollar unaccountable building industry union to control member agitators disrupting their power base and exposing union corruption by starving them into submission with no work. This supports their renowned cowardice gangster thugs who hide in the dark dealing out appalling bashings on non-conformists.
First hand experience with the ERMS Solutions and CFMEU involvement administering control of who works and who does not on the mining project around Western Australia, this following encounter by this CFMEU member exposes an insidious worker drafting gate operation now computer generated deciding which family eats and those that starve.
ERMS Exposed Below by a CFMEU Members Intense Investigation
In 2004 a well known political activist from Queensland ‘Bill’ (not his real name) had moved to Perth to escape victimizations being carried out against his family after blowing the whistle on a serial pedophile in Brisbane, former RAAF flying officer Graham Wickson attached to a State High School RAAF cadet unit. This story is based on the events that unfolded in his workplace at the Alcoa Pinjarra Alumina refinery in 2006 and thereafter which led to the exposure of the CFMEU trade union backed ERMS solutions workers employment blacklist.
Bill was employed on the Cogeneration project stage 2 ( he did not work on stage 1) at Pinjarra by Downer Energy Systems Pty Ltd as an open crane operator on 2 Manitowoc crawler cranes a 888 model 208 tonnes and a 999 model 250 tonnes together with another operator named John. Bill had over 25 years experience working with construction cranes around Australia and possessed an unrestricted crane operator’s license. Stage 1 of this project had been notoriously plagued by strikes involving the CFMEU, ETU & other unions.
Bill was a member of the CFMEU with vast experience as a union delegate & shop steward on other large projects in the Eastern States. Initially Bill was not the shop steward on stage 2 but he was hearing a lot of talk about the trouble that was experienced on stage 1 and rumors that several workers on stage 1 had been blacklisted on what was called the ‘ERMS blacklist’ by the project manager including the former CFMEU shop steward on stage 1. The project manager for Downer Energy Systems Pty Ltd on both stages was Wayne Carey and Bill had noticed early that Mr. Carey was very provocative toward the workforce and took a belligerent approach to anyone who was a union member regularly exercising his chronic lack of people skills.
Around this time the Howard Government’s ‘Work Choices’ legislation had come into force outlawing wildcat strikes of the nature that had occurred previously on this project. Bill was elected shop steward on stage 2 after several close calls with illegal strikes and the current CFMEU shop steward had taken extended sick leave. Over following months the CFMEU together with another union attempted to involve the workforce on site in a number of futile disputes that were not associated with the project and were going to potentially expose the workforce to court action if the unions got their way. Bill prevented the strikes and protected the members on site from similar prosecutions that 107 union members were already facing from the Mandurah Rail Project at that time.
It soon became clear the union’s management were not happy with Bill putting a spanner in their plans and around the same time members were unanimously voicing concerns about the CFMEU leadership not properly representing them. On several occasions Bill was alerted by on site members that union official Mark Hudston was in the site office talking to Wayne Carey in private while Bill was operating his crane. The third time this happened Bill informed Mark Hudston if he ever came onto the project again without first alerting the shop steward before commencing negotiations with Wayne Carey he would call a meeting of members putting up a motion for all CFMEU members to resign and join the AMWU which also had constitutional coverage of the work on site.
At the subsequent union meeting held by Mark Hudston during the lunch break Bill, who was shocked to learn about this blacklist and could not believe it was happening in this day and age moved a motion for the CFMEU to launch a campaign against the ERMS Solutions workers blacklist, this was carried unanimously by all union members on site. Union management systematically ignored the motion.
At a union meeting in early October 2006, Bill advised the dissenting CFMEU members, “there is little he could do about their unruly union leaders and if they felt strongly about this matter they should make their voice heard at the 2008 election ballot”.
The reaction to this statement, Bill was dumbfounded that these members by large did not even know that the union leaders were elected positions and had never even heard of a union election. Project manager Wayne Carey on several occasions had threatened Bill with the ERMS blacklist if he did not comply to Downer’s demands.
Around 12 October 2006 the other crane operator ‘John’ approached Bill and advised him that he was resigning because he felt there was about to be a lot of trouble on site caused by the unions and Wayne Carey. John subsequently resigned and was replaced by a relatively inexperienced rigger ‘Gary’(not his real name) whom both Bill and John had been training to operate the cranes in order to have a backup operator on site when required.
On 27 October 2006 Wayne Carey approached Bill and disclosed that Downer Energy Systems Pty Ltd were off hiring 1 of the cranes and Bill was to be terminated effective immediately. Bill pointed out that he had seniority over Gary because Gary was not engaged as a crane operator on the project. Mr. Carey refused to discuss the matter any further and walked away after demanding Bill immediately leave the site. The CFMEU members on site wanted to take immediate strike action and again Bill prevented them from falling into the trap. The CFMEU leaders subsequently refused to mount any sort of proper defense for Bill claiming that under Work Choices they could not do anything. View the document pertaining to the wrongful summary dismissal .... [HERE]
Facts are they could and should have defended Bill from the wrongful dismissal.
Gary, being subsequently employed for a further 6 months on the project in place of Bill and rewarded with promotion was just the beginning of what was yet to come. Bill who was living in Armadale with his 3 children was aware that the Boddington gold mine expansion was starting to ramp up. Bill subsequently applied for positions at Boddington and was hired 3 times after several weeks of jumping through hoops in the ERMS Solutions application process. On each and every occasion after initially being told by each of the separate companies that he had the job, Bill was rejected at the 11th. hour by ERMS solutions. On all these occasions the building contractor notified Bill that he had been stopped by ERMS Solutions, one of these occasions he had been run around for 12 weeks finally being informed he was not allowed to start work.
From evidence at hand and in the balance of probability Wayne Carey’s threat of a ERMS blacklisting was set in place. To rub salt into the wound it also became clear that Bill’s then 18 year old step son had also been blacklisted. Wayne Carey was aware of the son’s details because Bill had been sponsoring his prior unsuccessful applications to gain employment with Downer Energy Systems Pty Ltd at Pinjarra.
This was the final straw and Bill then launched his own investigation into the ERMS Solutions blacklist.
Bill contacted numerous union members he knew were blacklisted while attempting to locate the secret ERMS Solutions office in Perth.
Initially making a complaint to Centrelink, Bill was referred to WA Senator Louise Pratt who arranged a meeting with one of her underlings. This person promised to conduct an investigation but wanted the list of any names he had of other alleged victims. Bill handed over a list of some 10 names and within days most of those people began to gain employment on ERMS Solutions controlled projects they had been previously banned from. At the same time, Senator Pratt closed down all communication and began stonewalling Bill as the plot was thickening.
- Having nowhere else to go Bill continued to conduct his own investigations and search for the secret ERMS Solutions office because the only address on the official ERMS Solutions forms and letter heads was PO box 1010 WestPerth. The official ERMS Solutions application forms and unlawful letterheads that do not show the registered address and ABN number, be viewed from the following list.
S&N Concrete & Construction employment confirmation
Letter to ERMS Declan Hoare
Mobilisation emplyment confirmation
United Group registration of employment interest
Why is ERMS Solutions above this law?
ERMS company orginal registration
ERMS company current registration
Bright People Technologies Pty Ltd registration
Eventually and by word of mouth Bill located ERMS in an obscure office in Kings Way behind a single glass door with a large CCTV camera above it and the name ‘Insite Logistics’ marked on the door. This was to become the first of many names associated with ERMS Solutions blacklist attempts to hide behind, Bright People Technologies Pty Ltd, Carbon 6 and a host of other clandestine entities.
The company searches also revealed the managing director is Declan Whore. After obtaining a phone number from a search of insite logistics Bill began phoning and politely pleading with the staff to remove him and his Son from the ERMS Solutions workers blacklist. The staff on the phone had been quite sympathetic but clearly being controlled by their bosses and nervous about disclosing anything. Bill started writing letters to Declan Whore accusing him of managing an unlawful workforce blacklisting database operation that was causing immense damage to innocent Australians.
By this time almost 2 years had elapsed since Bill was sacked and blacklisted by Wayne Carey and Bill had been off work with stress related conditions for almost 18 months. Bill then wrote to Julia Gillard on 14 July 2008 who was at the time Federal minister for Employment and Workplace relations. Gillard wrote back to Bill saying that because the ABCC have jurisdiction over matters in the building and construction industry he should take the matter up with them. You can view the letter to and from JuLIAR Gillard below.
Open letter to Declan Hoare and the Minister Gillard
Response to Open Letter
Also in July 2008 Bill attended a CFMEU general meeting at the training centre in Radium St. Welshpool in the company of his Step Son and attempted to convince the union leaders they need to start taking a fight up about the blacklist. It was clear from the reaction that the union was not going to do this and wanted to pretend the ERMS Solution issue was not big enough to warrant court action. Despite this ignorance Bill received a letter from CFMEU Secretary Kevin Reynolds a short time later showing that Reynolds had written to the State employee relations advocate about ERMS Solutions and had been advised it was a Federal issue not a state issue. You can view the letters from Reynolds and the employee advocate at this link... [HERE]
Kevin Reynolds did not take the advice of the State employee advocate and continued to do nothing about the ERMS Solutions blacklist. In contrast to this attitude Kevin Reynolds did however include a lot of propaganda about the blacklist on his subsequent election material which was repeatedly posted out to all the members during the 2008 union elections. Sadly election propaganda does not replace a real campaign against the blacklist. Actions speak louder than words Kevin! Legal advice Bill has independently obtained suggests the union could stop the blacklist any time they wanted because it is operating totally unlawfully but yet they continue to do nothing about it?
On July 12 2008 an advertisement by United Group Resources appeared in the West Australian newspaper for construction trades to work on the Boddington Gold Mine expansion including 3 areas where Bill was qualified. You can view the advertisement ... [HERE] .... Bill already had an application pending with United and was being put through the pre-employment process when this advertisement appeared. Following this, United kept telling Bill his services were required but the contract was being delayed due to logistical problems. Some 10 weeks went past when Bill, still unemployed, finally being told to prepare to start work and was sent for a pre-employment medical and drug screen. At the 11th hour Bill got a call from the United HR officer Emma Cook who stated Bill could not start work because ERMS Solutions had rejected his application.
Bill complained about this vehemently due to the fact he had been delayed for over 10 weeks by ERMS Solutions who had no grounds to substantiate their actions. Bill sent complaints to Senator Louise Pratt about this situation when a few days later Bill got another call from Emma Cook who stated over the phone- “Bill remember when I told you it was ERMS Solutions that stopped you from employment with us, well actually we had another crane driver became available on one of our other jobs”. Bill replied with “listen love don’t try that shit on me because I know I been blacklisted on that ERMS along with my Step Son and you confirmed it and now you’re in trouble for telling me about it and ERMS want you to change your story.” “See you in Court.”
The next thing Bill did was write a letter to Emma Cook for the benefit of his innocent Step Son requesting they stop victimizing an innocent 18 year old on the ERMS Solutions blacklist and told them they are no better than child molesters. Shortly after this Bill received a letter from United Group Resources lawyer threatening him with legal action if he did not retract the statements he made to Emma Cook. You can view the letter from United Lawyer Wayne Innis ... [HERE].
After receiving this letter Bill telephoned lawyer Wayne Innis and advised him to start his threatened court proceedings immediately because Bill was not going to retract anything and United were nothing more than gangsters operating outside the law. Bill did not hear anything further from United who were obviously bluffing and no idea of Bill’s irrefutable evidence ready for court.
The next thing that happened is around mid September 2008 the police came to Bill’s house and served a Violence Restraining Order (VRO) on him from ERMS Solutions Pty Ltd CEO Declan Whore. In the balance of probabilities the office of JuLIAR Gillard were colluding with CFMEU secretary Kevin Reynolds and ERMS Solutions Declan Whore to cover up the blacklist.
Bill challenged the restraining order, obtained a copy of the court transcript containing Declan Whore’s testimony which clearly revealed he had perjured himself to the Perth Magistrates court and made up a totally false story about an alleged threat to one of his staff in order to get the VRO and prevent Bill from being able to speak to the ERMS Solution staff during his private investigations of the blacklist operation.
When the final hearing came up in the Magistrates court Bill had just been employed on a small project and contacted the court staff to advise that the court date was not suitable because he was committed to a new employer after being off work for an extended period. The court VRO clerk advised Bill that he only needed to write to the court and explain this and the hearing would be adjourned. When Bill subsequently wrote to the court his letter was ignored and the hearing was conducted in his absence after which the court made the order final and binding for 2 years.
Bill then complained about the disgraceful behavior of the court and it’s VRO clerk giving out incorrect advice and was told “the court does not conduct litigation by correspondence.” Bill now knows this is an underhanded
tactic and double standard deployed by courts at will. When it suits them they do give weight to parties correspondence in their absence. Evidence of this is a copy of the court transcript containing the perjury of Declan Whore which can be viewed at this link... [HERE]
The transcript has an interesting passage where Declan Whore responds to the question from the bench “what is ERMS.” According to Hoare’s testimony ERMS is a “CD”.
The obvious flaw in this system is the fact you are NOT applying for a job with ERMS Solutions Pty Ltd so therefore they have no right to determine your suitability for employment. They have DO NOT have the right to be keeping a database of personal employment records using that database to determine any future or subsequent employment applications.
- A private limited $2 company with
- No transparency
- No required accountability to anyone
- Dictatorial controlling working lives of Australians
- Under what security is this information kept
- Who authorizes the information to be fact or fiction
- What checks and balances to handle your information have ERMS Solutions staff and management been subjected to
- No avenue for an individual to challenge the database if they believe there is unfair allegations being recorded about themselves by some vindictive boss.
ERMS try to get around this problem by forcing applicants to sign away their rights on the actual application forms, however, this does not change the fundamental facts that ERMS Solutions are not the employer and they are keeping a blacklist which is totally illegal. The unions know this and do employ lawyers yet not a single union has mounted a forthright legal challenge to the ERMS Solutions blacklist… Why?
It is open to suggest certain unions may be complicit with ERMS Solutions as a tool to have designated militant union members blacklisted to maintain a stand over or control to meet their own agendas.
Bill wrote to the Government and protested that his human rights were now being violated because Declan Whore had taken out a VRO which meant Bill was effectively banned from even making a job application
without risk of violating the restraining order and copping a 2 year jail sentence. These complaints were systematically ignored and Bill was left to fend for himself.
By this time in 2010 Bill had been contacted by a number of recent victims of ERMS Solutions blacklist again requesting assistance, he then made out a complaint to the ABCC (Australian Building and Construction Commission)about the ERMS Solutions blacklist. After Senator Pratt having successfully white anted his previous list of other victims, Bill decided to make sure all the victims contact the ABCC individually and made out their own complaints.
Both Bill and several selected victims who complained were set upon by an ABCC officer who subsequently made threatening phone calls and emails to the victims. Bill found himself spending more time complaining about the treatment the victims were receiving from the ABCC officer than on the ERMS Solutions complaint itself. It soon became clear the ABCC were not going to conduct a proper inquiry and were ignoring much of the critical evidence. At one point the ABCC accidentally emailed a letter to Bill that he wasn’t supposed to receive showing there was a nexus in play between the ABCC and the CCIWA (Chamber of Commerce and Industry Western Australia). The latter being the biggest union bashing organization in the State. You can view the scurrilous ABCC letter at this link ... [HERE].
Threat of exposure, which previously happened with the Senator Pratt effort also saw some of the ABCC complainants quickly removed from the blacklist and employed at BHP Billiton’s Worsley expansion in the hope to silence them, this time Bill had carefully selected victims that were not gutless or selfish and were committed to the cause of shutting down the illegal ERMS Solutions blacklist no matter what.
There has already been at least one suicide attributed to the ERMS blacklist and that is the late
Paul Moohan a very experienced crane operator and former CFMEU delegate from Telfer gold mine expansion took his own life after years of depression and illness associated with not being able to meet his responsibilities toward his children being on the blacklist and not able to get work. The CFMEU and Labor Government who suggest they stand for the workers turned a blind eye to the whole terrible saga.
The CFMEU did not assist Paul Moohan’s family and subsequently when his former wife applied to obtain his superannuation from C+Bus for his children, they were initially refused the funds. At the time of publication of this story it could not be verified if the family were ever paid.
The union and ERMS already had blood on their hands and even after his death refused to assist the children. Shame on the CFMEU!
The ABCC investigation managed to bring enough pressure upon the corrupt system to enable Bill’s step son to obtain a job at Sino Cape Preston. This was not considered to be a forthright removal of him from the blacklist but moreover a simple gesture to get Bill off their backs. Bill has not applied for a job on an ERMS Solution client mining site recently because he fears a relapse of depression should he be put to the sword yet again. Such is the immense psychological effect this horrible unlawful company is having upon innocent workers and their families.
Due to the fact the ABCC did not shut down the ERMS Solutions blacklist, Bill and his step son decided it was not in their interests to expose themselves to the system. If you are not in the fire you cannot get burnt so to speak therefore Bill’s step son subsequently obtained employment on a large non ERMS Solutions project and he resigned from CapePreston. After the resignation he was put through a rigorous ERMS Solutions demobilization where the interviewer persistently demanded to know the reasons why he was leaving. Bill’s step son stuck to the story that he had been offered better money but in hindsight perhaps he should have stated “I am in fear of being blacklisted again for another 4 years?”
The next thing Bill did was engage forensic computer investigators to trace all the web sites associated to the ERMS blacklist and their host of shelf companies. These investigators came up with some incriminating evidence on early web pages that were still stored in the world archive with wording on these web pages showing they were setting up a blacklist. You can view these incriminating web pages at this link ... [HERE].
In February 2011 Bill wrote to Simone McGurk the Secretary of Unions WA the peak union body with a complaint about the lack of action against the ERMS Solutions blacklist and received a luke warm response from McGurk who is planning to become a State politician at the next elections. You can view the letter from McGurk.. [HERE]
In April 2011 Bill wrote to ERMS Solutions and requested a copy of his file under the privacy act 1988. They replied demanding a fee of $30 to get a copy of his file. Bill wrote back explaining as ERMS Solutions are ultimately responsible for him being on the verge of bankruptcy is a bit rich to be demanding money. Bill requested ERMS waive the fee due to financial hardship and the fact the law says they must provide a copy of your personal information when requested to do so. ERMS Solutions today continue to refuse to send Bill a copy of his file. You can view the letter from ERMS at this link.. [HERE].
One of the recent victims banned from Gorgon project has produced a number of documents from ERMS Solutions, one is a demobilization form from the Sino Cape Preston project against a boilermaker which clearly shows ERMS Solutions and the relevant supervisor have blacklisted him. This form has been forwarded to the unions and at the time of publishing this no unions have responded. The ERMS blacklist demobilization form can be viewed ... [HERE].
After this and throughout 2011 - 2012 Bill began to receive inquiries from union members who think they have been blacklisted by ERMS Solutions and cannot get a job on the Gorgon project. Bill has once again begun compiling a list of victims and is preparing to mount a private court challenge by multiple plaintiff’s in the Federal court against the ERMS Solutions blacklist. Lacking faith of our judicial system Bill expects the case will end up in the High Court.