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Force Majeure or Forced Manure called by VicForest

The heroic role of forest contractors in fighting the fires has been rewarded by VicForest by invoking the Force Majeure clause of the contracts between VicForest and Forest Contractors effectively removing any financial
obligations by VicForest to Forest Contractors.
Under the terms of the contracts if VicForest can’t deliver on more than 80% of tendered quotas for Harvest and Cartage Contractors then they have to compensate the contractors for the shortfall.

Scott Gentle, executive officer of the Forest Contractor representative organisation, The Victorian Forest Harvesting and Cartage Council (VFHCC) has called the move a cheap way out for VicForest (VF).

“The fires have left a hole in the finances of Harvest and Cartage contractors who battled to put out the devastating blaze of Black Saturday for nearly two months. Some have lost homes and machinery as well as friends and family and were looking to get on with timber salvage operations and put the tragic events behind them only to have VicForest pull the rug from under them,” said Gentle.

“We are only six months into these contracts and if this is what VicForest are going to do at the first sign of trouble then the future for Harvesting and Cartage Contractors is nothing like the picture of long term security and
investment opportunities that VicForest predicted,” said Gentle.

In a media release last September, VicForest claimed that the new tenders would secure 460 jobs, create at least $30m of investment in plant and equipment and provide long term security.

The reality is that two contractors and their workers are facing the chop with some shorter term contracts having the axe poised to drop on them.

For some cartage contractors this is a double blow as the wood stored in the Andersons Mill log dump, some 50,000 cubic meters was uninsured and burnt during the fires. This wood is stored over summer and moved over winter to allow for all year round employment for these operators.

“These contractors have been left without income over winter and should have been compensated for the loss of work. Under Force Majeure VF don’t have a contractual obligation to do this,” said Gentle.

“You would expect VF to have some sort of conscience and support contractors through these tough times but instead they are only looking at the dollars and not the impacts on Contractors and their families,” said Gentle.

The VFHCC would like to see VicForest withdraw the Force Majeure notice to demonstrate that they believe in the ability of the Contracting workforce to get the job done and if necessary provide financial support if quotas can’t be met.

“This is a case of forced manure on Contractors or absolute BS by VicForest leaving Harvest and Cartage Contractors up a well known creek without a paddle and it absolutely stinks that VF would do this to fire heroes and victims,” concluded Gentle.

For further information please call Scott Gentle on 0438 556 020.