This means the debt laden Queensland Nickel Pty Ltd, which was placed into administration in January, is no longer operating the refinery.
QNI Resources Pty Ltd and QNI Metals Pty Ltd – the companies that own the Yabulu refining assets – have appointed Queensland Nickel Sales Pty Ltd to operate the refinery.
Palmer is to head Queensland Nickel Sales Pty Ltd.
FTI Consulting, which was appointed voluntary administrator of Queensland Nickel, will continue to deal with its administration. The assets it has at its disposal include the nickel stockpile it had on hand when the refinery was put into administration and a cattle station. The liabilities include the unsecured debts of more than $100 million. Of that $30.8 million is in worker entitlements, including $16 million owed to the 237 staff made redundant just before Queensland Nickel was put into administration.
“The decision to replace Queensland Nickel Pty Ltd as joint venture manager was determined by Mr Clive Mensink as director of QNI Resources Pty Ltd and QNI Metals Pty Ltd,” FTI Consulting said in a statement.
“The actions of Clive Palmer, Clive Mensink and their related entities are beyond the control of the administrators.”
Queensland Nickel Sales has received a conditional offer of about $23 million funding to support the business operations of the refinery.
In January FTI Consulting said an injection of “tens of millions of dollars” would be needed to keep the business going long-term.
That $23 million conditional funding facility will be secured against assets outside of Queensland Nickel Pty Ltd that were not available to the administrators.
It is understood the 550 remaining employees at Yabulu will be offered employment on the same terms and conditions as they are currently engaged.
FTI Consulting will continue to act as administrators of Queensland Nickel Pty Ltd, focusing on evaluating proposals for the future restructure of the company or its liquidation.
This will include continuing its investigation into the past management of the company and the underlying reasons for its insolvency.
The Queensland government had reportedly offered a $10 million loan to keep the refinery going, on the proviso that Palmer be removed completely from the business.
Palmer said he had been “working diligently for weeks to find a solution to secure the long-term operations of the Yabulu Refinery and its workforce in the best interests of the Townsville economy.
“I have been harshly vilified with false allegations in respect of this matter,” he said.
“The Queensland government and the Treasurer Curtis Pitt have done nothing to protect the livelihoods of the people of north Queensland.”
Pitt said Palmer should explain what effects the new corporate arrangements would have on Yabula workers and the refinery's creditors.
"Administrators of Queensland Nickel Pty Ltd, FTI Consulting, have stated that the new arrangements put in place were outside the control of FTI," Pitt said.
"Mr Palmer needs to explain clearly what this new arrangement means for the existing entitlements of the refinery's current employees and what guarantees he can give them about their future employment security and their existing entitlements."