Wednesday, December 3, 2003

WA public servants strike

Lisbeth Latham


PERTH — On November 27, public servants escalated their campaign for a new certified agreement (CA) with a 24-hour stoppage.

The government attempted to put off the strike by making a late offer on November 25. Community and Public Sector Union/Civil Service Association (CPSU/CSA) branch secretary Toni Walkington told Green Left Weekly that the offer was a "last-minute stunt" which did "not resolve the issues of workload, job security and incentives for people to work in regional areas. Those issues ultimately affect community services and the quality of services to the public."

Premier Geoff Gallop's Labor government has dismissed the strike as a dismal failure, claiming that only 700 workers participated. The CPSU/CSA claims that 7000 workers participated in the strike action with services stopped or reduced in 20 sections of the public service.

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Wednesday, November 26, 2003

11,000 teachers strike in WA

Lisbeth Latham

PERTH — Despite heavy rain and a fierce campaign of misinformation by the state Labor government, 5000 teachers attended a rally on November 18 as part of their campaign for a new certified agreement.

The first full-day strike by Western Australian teachers in eight years involved half of WA's 20,000 public school teachers.

In the days leading up to the strike, state education minister Alan Carpenter, education director-general Paul Albert and WA Council of State Schools Organisations president Rob Fry all made statements in the West Australian condemning the strike as unnecessary and being against the interests of students. Carpenter has also claimed that as conciliation was beginning it was unnecessary for the teachers to strike.

However, as Dave Kelly, general secretary of WA branch of the Australian Education Union (AEU), told the rally, the government has been steadfastly refusing to enter negotiations with the AEU, although a framework for conciliation had been agreed to in August.

Under the pressure of the strike, the government approached the AEU and the Australian Industrial Relations Commission to initiate conciliation on November 17, with meetings to occur on November 24, 25 and 28 if necessary.

The key issues identified by the AEU have been pay levels for beginning teachers; primary school teachers receiving equal levels of duties other than teaching (DOTT) as other teachers, to allow for class preparation; and reduction in class sizes.

Following Kelly's address, the teachers marched to Parliament House. Contrary to the government's hopes, the marchers received a warm response from passers-by, with motorists tooting and construction workers on city building sites cheering the marching teachers.

From Green Left Weekly #563.

Wednesday, November 19, 2003

Andrews plans new wave of attacks on unions

Lisbeth Latham

On November 6, federal Coalition workplace relations minister Neil Andrews introduced a new raft of anti-union legislation in federal parliament.

The federal government's Building and Construction Industry Improvement Bill 2003, and its associated Building and Construction Industry Improvement (Consequential and Transitional) Bill 2003 were both read for a second time. In addition, the Workplace Relations Amendment (Choice of Award Coverage) Bill and a revised version of the Workplace Relations Amendment (Termination of Employment) Bill 2002 were reintroduced into parliament. The new Workplace Relations Amendment (Better Bargaining) Bill was introduced into parliament for the first time.

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WA teachers escalate industrial action

Lisbeth Latham

PERTH — On November 6, the Western Australian branch executive of the Australian Education Union (AEU) announced that a 24-hour strike would be held on November 18 to support the teachers union's campaign for a new certified agreement.

The strike will be the first full-day stoppage by WA teachers for eight years, and has been called in response to the state Labor government's attempt to take the AEU into arbitration following the union's rejection of the government's second offer.

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Wednesday, October 1, 2003

WA Labor maintains antiworker bias in compo system

Lisbeth Latham
PERTH — During the 2001 Western Australian election campaign, the ALP campaigned on the basis that it would ensure the "maintenance of a fair and efficient workers compensation system". Central to this system would be a "better balance between statutory payments and common law" which would "open up greater access to common law for injured workers".

In March of this year, Premier Geoff Gallop's Labor government released an updated version of its intended amendments to the Workers Compensation and Rehabilitation Act. The proposed amendments are centred on four areas — changes to statutory benefits; coverage for medical treatment; dispute resolution; injury management and the access of workers to common law.

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WA teachers rally for public education

Lisbeth Latham

PERTH — On September 24, 500 angry public school teachers rallied outside the Western Australian parliament to demand that Premier Geoff Gallop's Labor government agree to the log of claims their union has put to the government.

Singing "Wake up Geoff", the teachers demanded that Gallop, treasurer Eric Ripper and education minister Alan Carpenter face the rally. However, no representative of the government was willing to either address the rally or listen to the demands of the teachers.

Australian Education Union state secretary Dave Kelly reported to the rally on a meeting between the AEU's negotiating committee and the state education department over the government's new offer for a certified agreement with the teachers. Kelly said that while the new offer was a "step in the right direction", there were three outstanding matters that meant the union's executive could not endorse it.

These were around the offered wage increase, primary school teachers' duties other than teaching (DOTT) and class sizes. The government is now offering a wage increase to teachers of 9.27% over 30 months. This would amount to a 1% increase in real wages.

The government proposes the primary school teachers' DOTT be increased by 20 minutes to 200 minutes per week, which falls well short of the claim of 320 minutes DOTT to achieve equity with secondary teachers. The government does not address the need to reduce class sizes.

Kelly told the rally that the AEU branch executive would discuss an escalation of "industrial action to bring a firm agreement home for educators across the state".

WA AEU vice-president Mike Keely announced that the government had dropped its push for a flat pay rate for casual teachers. Such a flat rate would have represented a pay cut for more experienced teachers.

From Green Left Weekly #556.

Wednesday, September 24, 2003

8000 teachers rally in Perth

Lisbeth Latham

PERTH — Eight thousand members of the Australian Education Union (AEU) attended a vibrant stop work meeting at Subiaco Oval on September 17, as part of a half-day stoppage to win a 30% pay rise over the next three years. Hundreds of AEU members also met throughout regional WA to discuss the union's industrial campaign.

The teachers attending the rally were in a defiant mood, following the hostile media statements made by education minister Alan Carpenter prior to the strike. These statements included urging teachers to "call off this totally unnecessary strike" and telling the media on September 9 that the AEU's state executive had endorsed the government's offer.

The stop-work was addressed by UnionsWA secretary Stephanie Mayman, AEU national president Pat Byrne and AEU (WA) general secretary David Kelly.

Mayman told the teachers that they had the "full support of public and private sector unions across Western Australia, in your fight for what is a fair resolution".

Byrne pointed out that the government had been elected on a platform of supporting quality public education, but, with the current wage offer of 9% over two and half years, would only provide wage maintenance as the "consumer price index indicates that for 2003 inflation in Western Australia was 2.9%. [The state government] can genuinely seen by the electorate as reneging on its platform.

"Given also the billion dollar deals in the Pilbara being made; the GST benefits to state governments starting to kick in and the fact that this state's economy has grown by 9.3% during the last twelve months, public sector workers have every right to be cynical. Three per cent is treading water", she added.

The WA government's offer includes a pay cut for relief teachers, incredibly given the teacher shortge makes relief teachers hard to find.

The AEU (WA) branch executive moved resolutions that: condemned the government's intransigence and failure to provide an offer that addresses teacher shortages; rejected the present offer from the government; empowered the AEU (WA) branch leadership to continue negotiations; initiated further industrial action, which will begin in term 4; empowered the executive, in the event of the government moving to suspend the bargaining period, to begin a political campaign to achieve adequate resourcing for public education and called a protest rally outside state parliament for 4pm September 24.
From Green Left Weekly #555

Wednesday, September 17, 2003

Workplace safety: Workers die, bosses profit

Lisbeth Latham

Between July 2000 and June 2001, more than 300 workers were killed and more than 220,000 workers were injured in Australian workplaces. This is on top of the 2254 workers killed, and the 900,000 workers injured, during the previous six years. Yet, despite this being responsible for many more deaths than terrorism, many who suffer from workplace accidents are left bereft by employers and the state.

Read more...

Wednesday, September 10, 2003

Workers to strike over workplace deaths

Lisbeth Latham

PERTH — Four-thousand members of the Construction, Forestry, Mining and Energy Union (CFMEU) are expected to strike on September 8, demanding safer working conditions in the construction industry, following citywide stop work meetings on September 4 and 5.

The strike is part of an escalating campaign of industrial action that began when 1000 construction workers walked of the job on August 29 and occupied the foyer of the state Labor government's ministerial offices. Four days later, 350 workers on seven Perth building sites staged a 24-hour strike in protest at unsafe working conditions.

The demonstrations have been called in response three incidents. The first was the decision by the Builders Registration Board to drop charges of negligence against a builder on whose site a worker was killed in September 2002 in an accident.

CFMEU construction division assistant state secretary Joe McDonald, speaking at a Socialist Alliance-organised forum on August 30, said that WA employment protection minister John Kobelke had promised the union that the government would strip the builder of his ticket.

Instead, the builder had been allowed to continue operating. This is despite the CFMEU having to conduct 16 separate stoppages over unsafe work practices on the builder's site in the last 12 months.

The second incident was the decision by Transfield Engineering to appeal a conviction for the workplace death of construction worker Joseph Guagliardo in 2000. This appeal is holding up the compensation claim for Guagliardo's widow.

The final incident was the death on August 28 of a worker on a Robe River construction site, bringing to 23 the number of workers killed on construction sites in the last 14 months in WA.

From Green Left Weekly #553.

Wednesday, August 20, 2003

Howard's attacks on construction workers must be defeated

Lisbeth Latham

It is expected that during the current session of federal parliament, a range of new anti-union legislation will be introduced by Prime Minister John Howard's Coalition government, including legislation aimed at “reforming” the construction industry. This legislation will be based on the recommendations from the royal commission into the building industry.

  • Establishment of an Australian Building and Construction Commission (ABCC) with powers to investigate and prosecute breaches of law. It would have powers similar to the Australian Competition and Consumer Commission and have the power to enforce the Trade Practices Act against unions that block the ability of companies to operate. The ABCC will offer free legal advice to those who want it. It would also supersede the Office of the Employment Advocate, which would then focus on other industries.
  • Drafting a Building and Construction Industry Improvement Act, which would override the Workplace Relations Act (WRA) if the two clash.
  • Increasing fines for violating the WRA, the Building and Construction Industry Improvement Act or the Trades Practices Act to $20,000 for individuals and $100,000 for unions.
  • Outlawing industry-wide pattern bargaining. In order for enterprise agreements to be registered with the Australian Industrial Relations Commission (AIRC), they would have to be proven to be not part of a pattern bargaining campaign. Unions that conduct pattern bargaining campaigns could face deregistration.
  • Making unions and individual workers liable for the losses they “cause”.
  • Disqualifying officials who “engage in unlawful conduct” from holding office.
  • Giving the ABCC the power to cancel a union official's right of entry to building sites where it is “abused” and making all such visits subject to the ABCC's supervision.
  • Mandating secret ballots before any industrial action is undertaken.
  • Limiting unions to two weeks of protected industrial action followed by a three-week “cooling off” period. If industrial action is voluntarily ended prior to the two weeks then the three-week cooling off period must be completed before further action is taken.
  • Stripping from the National Building and Construction Industry Award (NBCIA) and state building industry awards all allowances except four — a general allowance payable to all workers, a living away from home allowance, a meal allowance and a travelling allowance.
  • Stripping from the NBCIA any limitations on the time that work can begin, days that can be worked or clauses specifying when rostered days off will be taken.
  • Limiting the awarding of federal government building contracts to contractors and sub-contractors who adhere to the government's National Code of Practice for the Construction Industry.

If implemented, these recommendations would drastically reduce the capacity of construction unions to win and maintain decent conditions of employment for workers in the industry. Banning pattern bargaining would mean that conditions of work would be dependent on the strength of the union on individual building sites and create large variations in employment practices between sites.

The Master Builders Association's support for almost all the recommendations demonstrates that they are biased in favour of the employers. The MBA only has a few small quibbles with the recommendations. For instance, the MBA argues that the ABCC should be empowered to initiate and conduct civil litigation against unions on behalf of builders rather than simply give advice on legal action. It also opposes the recommendation that the AIRC set a maximum of overtime hours to be worked per week.

Senate
The Howard government is hoping to get legislation incorporating these recommendations approved by the Senate, using the argument that greater powers are needed to “re-establish the rule of law” on building sites because of the royal commission's finding of 392 cases of alleged unlawful conduct. In nearly all of the cited cases, however, union members and officials had attempted to enter building sites to hold stop-work meetings, seek strike pay or seek to ensure that all workers on a site were union members.

It is in the interest of all workers to stop the Howard government's attack on the construction unions. If the government is successful with its attack on construction workers, then it will be in a far stronger and more confident position to attack other workers — it could move to have the construction industry laws extended to all other industries to “ensure uniformity and consistency” in the industrial relations system.

Importantly, Howard and workplace relations minister Tony Abbott know that if the construction industry legislation passes in the Senate, it will be harder for the Construction, Forestry, Mining and Energy Union (CFMEU) to provide solidarity with other unions under attack, such as it did during the 1998 waterfront dispute.

During the campaigns against the WRA in 1996 and the “second wave” of Howard government industrial relations legislation in 1999, the ACTU focused on lobbying the opposition parties in the Senate, particularly the Australian Democrats, to block the legislation. This approach failed when the Democrats did a deal with the Howard government in 1996 to pass the WRA.

Although the government does not have a majority in the Senate, it would be dangerous to rely on this to block the anti-union legislation. Since 1996, Howard has succeeded in getting most of his government's major pieces of legislation through the Senate. On the great majority of legislative bills, the independents, the Democrats and the ALP have given the government the numbers to pass particular pieces of legislation.

Democrats
When Green Left Weekly approached the Democrats and independent senator Meg Lees for comments about the government's intention to introduce legislation restricting the industrial rights of construction workers, they declined to comment until the exact details of the legislation have been provided by the government.

Although the government hasn't produced the exact details of its legislation, it has made it crystal clear that it intends to drastically reduce the ability of construction workers and their unions to fight for improvements in their working conditions and wages.

In a number of public statements the Democrats have indicated that they support some of the recommendations of the Cole commission. In an address to the MBA in Queensland on May 22, Democrats' leader Andrew Bartlett argued that his party sees the “restoration of law in the construction industry as a key outcome”. To achieve this, Bartlett argued for the introduction of private-sector whistleblower legislation to enable individuals to make anonymous allegations of misconduct, and ensure that unions are made responsible for the “unlawful” conduct of officials and members.

There are a number of problems with the Bartlett's approach. Firstly, whistleblower legislation would reproduce the procedures of the royal commission where allegations were made against unions without any opportunity for unions to test the truth of the allegations.

Secondly, the Democrats' approach is to ensure that no violations of the WRA occur, regardless of why they occur. Within the construction industry, like all industries, employers are constantly devising ways to increase profits — by driving workers to work faster or for excessive hours, by failing to pay appropriate wage levels or entitlements, and by taking shortcuts around occupational health and safety.

In order to fight these attacks on working conditions it is necessary for unions to identify them by gaining entry to work sites and accessing relevant documentation, involving members in stop-work meetings to determine a course of action and then by taking industrial action.

The WRA deems almost all industrial action to be illegal, so it is almost impossible for workers to defend their rights without taking “illegal” industrial action.

The Cole commission found that 230 of the 392 findings of “unlawful” conduct committed by the construction unions had been committed by the Western Australian branch of the CFMEU. But the overwhelming majority of these were for union officials insisting on their right to enter building sites and visit their members despite WA industrial legislation banning the right of entry. This was an undemocratic law which had to be broken if the union was to organise its members.

Bartlett's speech to the MBA indicates that his call for harmony on building sites is really a call for unions to give up industrial action. Although he did make some small demands on employers regarding health and safety and the payment of entitlements, they are demands which cannot be achieved without strong unions that are prepared to take action to ensure employers' compliance.

Bartlett's comments to the MBA indicate that it would be a serious mistake for unions to rely simply on lobbying the Democrats to block the government's anti-union legislation in the Senate.

It is much more likely that the Senate would block the legislation, or the government not introduce it, if the building industry bosses know they will face a massive national campaign of strikes, workplace bans and public rallies organised by the entire union movement if the government attempts to put the Cole commission's recommendations into legislation.

In 1995, a united campaign of sustained industrial action and street protests by the union movement in Western Australia stopped the state Coalition government's proposed “second wave” of attacks on union rights. This campaign included rolling strikes and 24-hour stoppages.
However, in 1997, when the WA Coalition government again tried to put the measures through parliament, the trade unions failed to continue the campaign and the government was able to get the legislation passed.

While the construction unions in Western Australia and Victoria have mobilised against the Cole commission, it is vital that the entire union movement commit itself to take sustained action to defeat the Howard government planned attack on the construction unions.

Originally published in Green Left Weekly #550

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School teachers announce strike action

Lisbeth Latham

PERTH — On August 11, the Australian Education Union's Western Australian branch executive announced that a half-day strike is to be held on September 17. The strike will intensify the AEU's industrial campaign to win a new certified agreement.

The WA Labor government has offered a 9% pay increase each year, for the next three years. This is short of the AEU's claim for 30% raise over the life of the agreement.

AEU WA president Pat Byrne described the offer as an "insult to teachers". It fails to address issues of "workload, teacher supply especially in country area, it does nothing to attract and retain teachers. It barely meets cost of living increases", Byrne said.

The AEU's log of claims focuses on reducing teachers' workloads, particularly non-teaching duties, to allow more teaching time. The union has imposed a series of work bans on non-teaching activities since August 7.

From Green Left Weekly #550

Wednesday, August 6, 2003

Unreasonable hours: Why we work longer and harder

Lisbeth Latham
On July 11, Workplace Standards Tasmania delivered a notice to Tasmanian mining companies, directing them to end their dangerous work patterns. The problem was not equipment or training, it was working hours so long that workers’ lives were endangered. This is just the extreme tip of a general trend: most Australians are now working longer and harder.

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Wednesday, July 30, 2003

Can unions Stop the spread of casual work?

Lisbeth Latham

During the past two decades, the number of Australian workers employed as casual workers has grown dramatically. More than 2 million workers — or a quarter of the workforce — are now employed on a casual basis.

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Wednesday, July 23, 2003

Solomons: Troops should not go

Lisbeth Latham

In the lead-up to PM John Howard's announcement that Australia would send troops to the Solomon Islands, the mainstream media was filled with the lurid descriptions of violent criminal gangs terrorising the Solomons' population, and warned of the dangers of the tiny country becoming a terrorist breeding ground. Perhaps unable to see past this propaganda, Australia's parliamentary opposition parties have accepted the need for an intervention, restricting themselves to debating the best framework for implementing it.

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Wednesday, January 22, 2003

Have you got what it takes? Joining the Australian killing machine

By Lisbeth Latham

In 2002, 5836 people joined the Australian Defence Force (ADF) as regular members -about 700 more than joined in 2001. The vast majority of them were young people between the ages of 18 and 24.

While no survey has been taken of the young people who have joined the ADF in recent years, a glance at the pitch made in recruiting advertisements does not support the idea that there is any significant increase in support for the Australian military among young people.

During the last financial year, the ADF spent more than $33 million on recruiting ads in newspapers, on TV and at movie screenings.

The thrust of this advertising is not aimed at telling the truth. It does not try to convince young people to become part of the Australian military machine to kill people in other countries in order to protect Australian businesses' overseas investments. Nor does it aim to convince young people to become part of the ADF to fight "terrorism" or "rogue states": the current establishment justification for imperialist military intervention in the Third World.

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Wednesday, January 15, 2003

Cockburn to become US Navy base

Lisbeth Latham

FREMANTLE — On January 6, the USS Abraham Lincoln, the world’s largest aircraft carrier, returned to Fremantle just two weeks after its last visit. It had been scheduled to return to the US, but was ordered back to Fremantle to prepare for deployment to the Persian Gulf.

The Abraham Lincoln’s return to Perth signals both the imminence of a war on Iraq, but also the state and federal governments’ desire for Fremantle and Cockburn Sound to play an important logistical role in support of the US’s war drive.

On January 13 the destroyer USS Fletcher will arrive in WA to conduct a sea swap. Sea swap is the term used by the US Navy to describe the changing over of crews and resupplying of its ships. The Western Australian, federal and US governments agreed to the first swap on October 24, more are expected to take place, with US ships to be docked in Cockburn Sound south of Perth.

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Revitalising Labour attempts to reflect on efforts to rebuild the labour movement internationally, emphasising the role that left-wing political currents can play in this process. It welcomes contributions on union struggles, internal renewal processes within the labour movement and the struggle against capitalism and imperialism.

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