Amwu news spring 2013 by Australian Manufacturing Workers' Union

What will the Coalition deliver?

INSIDE

SPRING 2013

AMWU National Conference highlights Union leads win for apprentices Book giveaway: Organise Educate Control

AMWUNEWS

EDITORIAL

Government changes, ISSUES DON’T P

rior to the calling of the election, the AMWU campaigned hard for the things that matter to manufacturing workers and their families. Once the election was announced we made sure that these issues were a big part of the election debate.

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account on its promise to create jobs and support manufacturing as the first pillar in a strong economy. We will continue to campaign to keep Mr Abbott to his word about wanting to be a country that makes things and stand up for the future of manufacturing in this country. The first serious test for the Coalition Government will be to see whether they will provide co-investment certainty to our sector.

On September 7th the Australian people opted for a change of government which will mean a change in policy and direction for the nation.

We will continue to resist any attacks on our rights at work, our rights to collectively bargain wages and conditions, our right to strike and our right to belong and participate in our unions without fear of prosecution.

”

Companies like Holden, SPC, Simplot, Caterpillar and Electrolux, who sought assistance from the previous government, are looking to see That decision must be respected, but it whether the new government will back them to retool and re-engineer will not change the AMWU’s their businesses so they can continue determination to pursue the issues to operate and employ thousands of that really matter to manufacturing manufacturing workers. workers and we will continue to campaign for jobs, skills, decent Many more manufacturing companies were seeking grants or wages, rights and conditions for loans through the Clean Technology members across the manufacturing Investment Program, the Clean sector. Technology Innovation Program, the We will continue to resist any attacks Clean Energy Finance Corporation on our rights at work, our rights to and ARENA, to upgrade machinery, collectively bargain wages and improve energy efficiency and conditions, our right to strike and our commercialise new ideas. All these right to belong and participate in our programs will go, under the Coalition unions without fear of prosecution. Government, leaving those We will oppose attacks on companies bereft of funds. Occupational Health and Safety laws We will be demanding that the or the persecution of workers for Coalition Government put in place standing up for safer workplaces. programs to assist these companies Nor will we allow government and and keep jobs in Australia. employers to embark on a low road We will also be keeping the pressure path of cutting wages and conditions on the Coalition Government to in the name of productivity maintain practical initiatives and improvements. resources to build Australian We know that sustained productivity increases come through skills, innovation, investment and worker engagement – not attacking workers for short term cost cutting purposes. We will hold the new government to

AMWUNews SPRING 2013 AMWU News is the official publication of the Australian Manufacturing Workers’ Union, (registered AFMEPKIU) National Office, 133 Parramatta Road, Granville, NSW, 2142. Editor: Paul Bastian AMWU Communications Team: Rod Masson, Neil Wilson and Andrea Firehock. Design: dcmc Design, Melbourne. All information included in this publication was correct at the time of publication, but is subject to change at any time. Please contact your union organiser for updates. © AMWU National Office Made in Australia by AMWU members

building and maintenance of our equipment. We will continue to call for more local content on medium and large public and private sector projects, such as roads, hospitals and mines, so that local manufacturers get a fair go. We will continue to campaign for better funded training institutions and to support apprenticeships. And we will continue to campaign for local jobs first. We can challenge the ideological position that governments should leave the fate of people, jobs and industry to the whims of the market. We know governments have a critical role to play in supporting local jobs and skills and we will make sure they know it. Governments come and go, but the AMWU will continue to provide a united voice for manufacturing workers, their rights, wages and conditions, their trades and skills, their jobs and their industry. Thanks to all members for supporting manufacturing jobs during the election campaign and for your continued efforts in advancing the rights and conditions of manufacturing workers. We look forward to growing that support as we hold this government to account and continue to campaign for our jobs, our skills, and our rights at work.

companies through the manufacturing precincts, Enterprise Connect and Commercialisation Australia. In defence spending, we will continue to campaign for the local design,

Paul Bastian AMWU National Secretary

Paul Bastian’s editorial ........................................................................................ 3 Big win for apprentices ...................................................................................... 4 Holden challenge for the Coalition ..................................................................... 5 Feature: AMWU National Conference wrap-up ................................................... 6 Unions force change on 457 Visas ...................................................................... 8 Shipbuilding pressure on new government ....................................................... 9 Taking workers’ rights to Kimberley’s heart ......................................................10 Book Review: AMWU history Organise Educate Control ....................................11 Delegate Profile .................................................................................................12 AMWUNEWS

NEWS

AMWU DRIVES BIG WIN FOR APPRENTICES Apprentices will gain significant wage increases designed to recognise the value of their work and pressures they face during training after a victory led by the AMWU and the ACTU. In an historic and far-reaching decision, the Fair Work Commission has lifted the relative wage for apprentices which will help build the number of apprentices who stick with their training to the end. The AMWU case was designed to not only lift the wages and conditions of apprentices but to reinforce participation in the entire national training for years to come. In welcoming the decision, the AMWU’s National President Andrew Dettmer noted that the Fair Work Commission had decided not to pass the increases on to all existing apprentices and pledged the union would take action nationally to lift the wage rates of all apprentices through bargaining and workplace campaigning. The union also won reimbursement of transport costs for all apprentices who must stay away overnight to do block training and reimbursement of all training fees and course text books. Apprentices will now be able to move to the next stage of their apprenticeship as soon as competency is achieved and be paid for it rather than waiting to the year’s end, with any training outside of normal hours counted as paid work time. “This is a historic result for the AMWU and for the lives of apprentices,” Mr Dettmer said. “We’ve made great progress with this case, but there are great young people who helped us prepare the case who have had their situations recognised without getting the pay rises they deserve. So, we won’t leave them behind.” Pay rises from 2014 for new first and second year apprentices range from 8.6 per cent to 19 per cent. From 2014, first year apprentices with a Year 10 education will get an award wage rise from $304.29 a week to $362.25, up from 42 per cent to 50 per cent of the C10 trade base wage – the first increase in relativities in 33 years. Second year award wages for apprentices with Year 12 will move to 65 per cent ($470.93) of the C10 trade rate, while adult apprentices will rise to 80 per cent ($579.60) of C10 in first year before matching it in second year.

KURT MLAKAR, Brisbane, sheet metal worker,second year: Kurt Mlakar, hoped the AMWU would be able to extend the wage rises intended for future apprentices to help him and his mates at Rockpress Metals in Brisbane. “It’s brilliant, this will give extra incentive not to bail out, it will keep the good guys who are committed to get through their apprenticeships,” he said. But Kurt, who works two nights as a barman to pay his bills, said the better pay rates should mean a $20,000 loan is unnecessary and was deeply concerned at any cut to the tool allowance, which totals $2000 by second year. “Instead of helping it could get a lot of young guys in at the deep end. They’d jump at the chance of a loan but I’d doubt if some would spend it on what they’d need – they’d get a new car,” he said.

JOE ROHRLACH, Whyalla, diesel mechanic ,fourth year (2012): The AMWU’s battle to claw back some of the $14,000 that Joe Rohrlach had to spend in travel and lodging going from Whyalla to college in Adelaide helped spark the national apprentice inquiry. “Its great the decision to cover what they call excessive costs but food and accommodation are the biggest expense, so the AMWU put in a lot of hard work but there’s still some way to go to clarify it,” said Joe, who qualified as a diesel mechanic in 2012. “There’s no consistency in approach between different employers, it’s so unfair, but to make progress the apprentices have to step up and support the AMWU.” Joe strongly disagreed with Mr Abbott’s $20,000 loan idea. “The last thing you need when you’re starting your career, your working life, is a whole extra load of debt pulling you down. When I finished my apprenticeship I started saving for a house, but that would have never happened under a loan scheme.”

GARRY BELL, Cobar, diesel mechanic, final year adult apprentice. Garry, now 27, says he might have completed his diesel mechanic apprenticeship when he started it a decade ago in Sydney if the wages had of been upgraded as they were recently by the Fair Work Commission. “I was struggling along on a few hundred a week and then we had some health issues with my Dad, so I had to help out with the family bills…I left,” he said. He thinks the better pay for adult apprentices like himself and juniors from 2014 is great and hopes that the recent decision will also cover his petrol costs when he drives 300km to Dubbo to do block training, a week or two at six-week intervals. Garry is due to complete his apprenticeship at Cobar Council early in 2014, but supplements his low wage by bartending at the local pub at least a few nights every week. “I’ll be finished just after the new wage rises come in, but the inquiry was really worthwhile for the union’s members,” he said.

and retention of apprenticeships is in stark contrast to

the drop out rate amongst first and second year

the $20,000 HECS-style loan scheme announced by the

apprentices from a shocking 48 per cent.

Coalition during the federal election.

AMWU’s Apprenticeships Policy Co-ordinator Ian Curry

Mr Dettmer said, “It is vital that as a country we are investing in training our people, not relying on 457 Visa programs to temporarily fill skill shortages.”

The AMWU believes that such a debt will only shift costs

said there was a strong possibility the scheme would be

to individual apprentices and add significant financial

largely funded by cutting back government assistance to

pressure to young tradespeople and their families.

employers in hiring apprentices and even the vital free

Providing better wages and incentives for the attraction

Decent wages are the only sure-fire incentive to reduce

tools allowance that so many apprentices relied upon.

AMWUNEWS

NEWS

HOLDEN AN EARLY TEST FOR COALITION GOVERNMENT

he AMWU is calling on the new Coalition Government to back Holden members who have put the community first by agreeing to vary their enterprise agreement to shore up continued car manufacturing in Australia beyond 2016.

As General Motors in Detroit prepares to decide the car maker’s future, the new government’s position will be one of the first big tests of leadership that Mr Abbott faces. A majority of the 1700 workers in Adelaide voted in August to forgo their 3 per cent November wage rise and move to changed hours and shift arrangements in one of the hardest calls put upon AMWU members in the industry. Delegates reported that members at Elizabeth made the decision reluctantly, but knowing their own jobs and those of thousands more across the components industry and in the community depended on Holden continuing. The revised union agreement aimed at saving $15 million in costs will only take effect if Holden carry through with construction of new facilities at Elizabeth to build the next generation of Cruze and Commodore from 2016 to 2022. “It was very stressful, everyone was well aware that it would be devastating to South Australia and probably the entire country’s economy if Holden packed up and left,” said Holden delegate Murray Akehurst. Leading delegate Heinz Joham said: “Now it’s up to the politicians, you know… we’ve shown we’re prepared to make changes to keep Holden here, so it would be pretty poor if they won’t follow up with proper investment to work

with the company to stay. “How could they risk destroying a community? They have to show leadership.” The AMWU is urging the Coalition Government to drop its intention to strip $500 million out of co-investment to 2015. Holden is about to decide whether to invest $1 billion in new production here, to continue to 2022, but it is dependent on certainty of investment and the government’s position is crucial. AMWU National Secretary Paul Bastian said Mr Abbott needed to be held to his comments during the election campaign about the importance of the car industry to Australia’s economy. “Now that they are in government, their decisions effect the future of car industry workers, so we expect Mr Abbott will act consistently with the responsibility of his office,” Mr Bastian said. Mr Abbott has said he wants to see car making not just survive, but flourish and he would be happy to sit down with Holden with the aim of increasing volumes by encouraging exports.

“We will make various changes to the regulatory environment which will help as well, but we will maintain a strong program of assistance to the car industry,” he said. Mr Bastian said the Holden members were put in a uniquely difficult situation, with $1 billion of industry investment riding on their decision. He went on to say that all stakeholders must make a commitment, including Holden executives, who need to put their skin in the game and do more than the workers have already agreed to. In announcing the interim ballot outcome outside the Elizabeth plant, SA State Secretary John Camillo said he knew members worried over their mortgages and household bills. “It’s hard…very hard,” he said. “You see young people who are saying they want a job, but are finding it very difficult in regard to a threat of wage cuts and so on, but are prepared to give it a good go. That hurt, because I know these people are sincere and want to continue to work here.”

Support our driving future: union scrutineers for the Holden vote at Elizabeth to vary the enterprise agreement.

Union smoothes Transfield change of guard

embers have achieved continuity of wages and conditions in army maintenance as Transfield took over the major national Defence Department contract to service vehicles and weaponry from BAE systems.

The Fair Work Commission ratification of a greenfields union agreement with Transfield meant 230 AMWU members at military facilities Australiawide won an assurance that work conditions remained intact when the company took over from BAE Systems from July. That included the 4 per cent wage rise in June under an extended BAE agreement, which was factored into the BAE redundancy packages of three weeks pay per year of service plus up to five weeks notice. When combined with pay increases of up to 9.2 per cent in the new Transfield agreement, it will deliver members a total of about 14 per cent in rises to September 2016. “It can be a very anxious time for workers when the

Transfield indicated in talks with the AMWU it wished to retain the skilled BAE workforce, which is specialised in maintaining military equipment. The transfer from BAE to Transfield was phased-in at Puckapunyal in July, Bandiana in August and at Moorebank in September. AMWU delegate at Townsville, Geoff Crowston said the 40 workers there were well satisfied with the agreement. Ready to roll: Bandiana AMWU delegates Robin Hall (left) and Ian Crane (centre) with local organiser Dave Corben after members approved the successful changeover from BAE to Transfield.

government changes contractors,” said TSA Division National Secretary Mike Nicolaides. “The challenge was to keep the previous rates of pay and conditions with a new employer. “Starting rates for new Transfield employees will be the same as those last paid by BAE for the same work at the same location.” Virtually all the existing BAE workforce across 10 facilities nationally were offered jobs with Transfield.

“The Transfield agreement is virtually a copy cat of our existing agreement, so everyone is pretty happy with that continuity,” said Mr Crowston, a diesel fitter. Union delegate at Bandiana, Robin Hall, also said members were happy with the new agreement. “We knew from June our jobs would be becoming redundant so the union worked very hard with Transfield behind the scenes to get them up here to meet us, conduct interviews and to work out our new agreement,” said Mr Hall, an armament fitter. “We won’t be paid any less than our old jobs, so it’s a matter now of just making sure it all works.” AMWUNEWS

NEWS

AMWU TRIENNIAL NATIONAL CONFERENCE

AUSTRALIA’S CHOICE: HIGH ROAD PRODUCTIV T

his year’s AMWU National Conference has called on all members to stand up to employers taking a low wage manufacturing path that would undermine our future prosperity.

National Secretary Paul Bastian’s opening address in Sydney gave union activists a stark choice: the high road of enhanced skills, innovation and co-investment to raise competitiveness or the low road of slashing full-time jobs and pay in a no-win race to the bottom against low-wage nations. At stake was every industrial and social gain made during the last decade, including saving the car industry and the 200,000 jobs it helps to sustain. He said the challenge for any incoming government was to discard the easy ideological dogmas of political Opposition, which included trusting prices, wages, industry development and living standards to the “invisible hand” of the market. Part of the high, hard road of government was to invest in skills and take responsibility by reaching out to encourage unions and management to work together to sustain the improvements in labour productivity over the past two years. Productivity has officially grown at around 2.4 per cent in the past two years, above the 1.6 per cent during the last five years of the Howard Government, which included the Workchoices period. International organisation “The Conference Board” has placed Australia’s productivity as the world’s ninth highest, it’s outstanding result in the past two years well ahead of the G7 wealthiest nations and also above boom economies Singapore, Taiwan and South Korea.

“Our union’s consistent position is that the high road to economic growth is through high trust, high performance workplaces,” Mr Bastian said. “Through engaging workers, unleashing their skills and know-how and providing decent wages, conditions and job security in return for their efforts. “Innovation, investment in infrastructure and technology, skills development and better management are the keys to increasing productivity.” Mr Bastian released the results of a ground-breaking AMWU survey of 250 delegates which provided more evidence that too many Australian managers failed to tap into their largest area of know-how – their workforce. The survey covering 200 workplaces with 40,000 employees found a third of businesses never engage or use the knowledge of their workers in looking for business solutions, with most doing so only occasionally. About 29 per cent of workers say they aren’t listened to, 26 per cent are not let in on the business plan and 64 per cent of bosses don’t encourage any further training. That cuts both ways, with more than 60 per cent of managers never or rarely doing any leadership training. Less than half were implementing workforce development plans or included skill development in their business plans. “Management just aren’t up to the task in this country, they admit it themselves, they lack the competencies and skills needed to innovate and make our industries productive,” Mr Bastian said. More than a quarter of businesses failed to ever encourage new or cleverer ways of working and 40 per cent only did so occasionally. Nearly 37 per cent often relied on insecure

Queenslanders John Hempseed and Jason Lund

AMWUNEWS

employment such as casuals, contractors or labour hire. The survey also showed that only 27.8 per cent of these companies often look for export opportunities, just 15.6 per cent often invest in new technology to solve problems and only 22.1 per cent often look to diversify their product range to build the business. And most damning, a high level of trust between managers and workers existed in just 15.3 per cent of the workplaces surveyed. “Business leaders and the business press keep trotting out the same lame complaints that the workforce is unproductive and lacks flexibility, that wages and conditions are too high, and that the Fair Work Act is a noose around their neck,” he said. “We know none of this is true but the big-end-of-town are out there pushing their agenda.”

Victoria’s print deleg

Top-down management ideology had to change. He pointed to companies with foresight to involve their workforces in partnerships to develop innovative new products and solve problems practically, featured in the new AMWU booklet A Smarter Australia. Mr Bastian told National Conference delegates that the AMWU had plenty of unfinished business, no matter which party was in power. “We will not be deterred by any attempt to neuter the Fair Work Act, limit right of entry, promote Individual Flexibility Agreements, restrict industrial action or a witch-hunt inquiry to persecute trade unions,” he said.

A gift from Vietnamese industry union leader Ly Quoc Hung

“The productive performance of our workplaces and industries is too important to leave to the boss. It impacts on our members’ jobs, their incomes and their future,” Mr Bastian said. “That makes it union business and that makes it our business.”

Senator Doug Cameron with Paul Bastian and Laurie Carmichael

Michelle O’Neil (TCFUA) and Linda White (ASU) with Anne Donnellan

Organise, Educate, Control co-editors Andrew De and Andrew Reeves with Bob Hawke;

NEWS

VITY OR THE LOW WAGE ROAD WOMEN EMPOWERED TO ASSERT WORKPLACE RIGHTS

Rights for women: delegate Sue Creed (left) with OH&S co-ordinator Deb Vallance

he AMWU is seeking to further T empower women to deliver workplace justice in coping with issues including

Indigenous welcome

gation

Our union’s “consistent position is

worker at a critical time.” National Conference also endorsed the objective of raising women’s numbers on the union domestic violence and bullying. decision making bodies from 20 per cent to 25 The conference’s stance on protecting members per cent by 2016 in response to resolutions of the inaugural Women’s Delegates and Activists trying to cope with the workplace fallout of domestic violence was vindicated within weeks, Conference this year. when workers at Heinz in Sydney became the Ms Donnellan said it was critical for growth latest AMWU shop to gain an agreement clause that our democratic forums reflect that recognising workers’ rights on this disturbing manufacturing has 25 per cent women workers. issue. The conference also endorsed a model The meeting endorsed a new bargaining claim agreement clause on procedures to give for 10 days paid leave among other measures practical help to members bullied or harassed such as confidentiality, protective support and a in the workplace. workplace safety strategy. “Where workers are unfairly treated, “The experience of family or domestic violence enforceable procedures must be available to can have a multilayered impact on workers, provide them with the right to have allegations including on attendance and performance, investigated properly and to be provided with and on safety and security of employment,” support,” she said. said National Women’s Committee Convenor Conference resolved that the matter be raised Anne Donnellan. through AMWU education and that an “Access to paid leave is important in terms information pack be distributed to help identify workplace bullying and take effective action. of providing income and job security for the

that the high road to economic growth is through high trust, THE UNION STAYS AHEAD AS INDUSTRY EVOLVES high performance he AMWU is taking a major step to improve our efficiency workplaces.” as it recognises rapid advances in

Paul Bastian AMWU National Secretary

Metals and TSA delegates and officials unite

ettmer (left)

ACTU president Ged Kearney

manufacturing technology mean technical staff and the skilled metals trades are working more closely together than ever before.

National Conference agreed it was time to formally recognise the overlap of both groups at most workplaces by endorsing a series of joint meetings of delegates and officials from the Metals and the Technical, Supervisory and Administrative membership over the next year. The aim is to start building a unified structure so the two can be formally brought together. National Assistant Secretary Glenn Thompson and TSA National Secretary Mike Nicolaides jointly proposed and supported the move, which was endorsed by the conference. Mr Thompson said the move towards integration of Metals and TSA was an important step in strengthening our Union. “Members and prospective members in my experience look for a strongly focused and united union, one that is defending and improving working conditions,” he said. “It makes sense, the integration allows our union to focus on building its capacity across our full coverage, utilising member resources more effectively.” Four industry committees from the aerospace, rail, shipbuilding and mining services industries would initially be established.

Glenn Thompson (left) and Mike Nicolaides

Each area has large national employers and potential to grow and employs significant numbers within the combined coverage of Metals and the TSA Division. Mr Nicolaides said the membership coverage between Metals and TSA was becoming blurred, particularly with changes to vocational qualifications. There had also been a shift in Australian industry from manufacturing more towards the provision of engineering and scientific services. Mr Nicolaides said it didn’t make a lot of sense to have two organisers sent to the one shop with similar tasks when one could instead be concentrating on growing the union, to the benefit of members. “And that’s what the integration is ultimately all about, benefitting the members and their families,” he said. AMWUNEWS

NEWS

Union exposure of 457 Visa rip-off helps force change T he union movement’s exposure of problems and rorts under the 457 Visa system have played an important part in spurring reforms to the law which have passed through Federal Parliament.

Changes to the 457 law now require for employers to advertise jobs in Australia before calling in the migration agents. It remains to be seen if the Abbott Government will keep the changes, which were opposed by employers. The AMWU is aware of instances of lower-paid 457 Visa workers being preferred over locally-based labour and local permanent workers being laid off ahead of 457 workers. Evidence collected by AMWU officials of 457 Visa workers having to repay loans of up to $20,000 for the right to work in Australia was exposed in the national media and taken directly to the then Federal Government, which pledged to take action. The racket uncovered by the AMWU condemns workers to bonded labour with weekly re-payments averaging $150-$220. It involves syndicates of recruitment agents and loan sharks in Australia and the Philippines, who charge annual interest rates of at least 40 per cent. Re-payments which often exceed the amounts Visa workers can afford to send home to their families, have been processed with co-operation of some employers, even though any placement fee exceeding one months’ wage is illegal in the Philippines. In one notorious South Australian case, Filipino tradesmen were also compelled to sign a predeparture contract warning they would be sacked for “engaging in union activities” or getting sick. AMWU officers in SA and WA who uncovered dozens of cases of exploited Filipino workers believe this is still the tip of the iceberg. The most common loans are between $13,000 and $17,000 - amounts equal to between five and ten years of wages for a metalworker in the Philippines - with the loan re-payments eating up between a quarter and a third of the visa holders’ base Australian wage. National Secretary Paul Bastian led a delegation to Canberra which met the federal Immigration Minister in June. A petition of 29 Filipino workers was also presented to the labour attaché of the Philippines Embassy, asking that big sign-on fees and loans be stamped out. “It’s been clear these arrangements are no more than a scam to extract money from overseas workers who are desperate for a better life,” Mr Bastian said. “These types of arrangements should be banned and companies involved should no longer have access to the foreign worker visa scheme.” The AMWU wants the practices investigated by an expanded force which now includes 300 Fair Work inspectors. It also wants protection for whistleblowers and changes to Australian law to make the large sign-on fees illegal in this country. The workers want all the employment agents responsible to be banned by the Philippines Overseas Labour Office, as happened to recruiter Nanhaya and its Canadian partner in January over

AMWUNEWS

Ban the rorts: AMWU members (L:R) Jeaniero Laganson, Anthony Naupan and Arnold Tabilon refused to pay loan sharks any more after union advice.

similar sign-on fee demands. In the South Australian case, an Australian recruitment agent partnered with a Filipino recruitment firm to attract workers, who were charged large amounts as sign-on fees. They were then asked to sign loans through a Queensland-based loan company to finance the fees. At the last minute, welder Anthony Naupan was told he would not be going to Australia unless he signed a loan contract for $13,620 at 48 per cent interest rate. This was needed to pay $5600 to the Australian agent, $3860 to its Filipino partner and a $4160 commission to the Queensland loan company. “We came here to change our lives, but what happened was a nightmare for all 457 workers,” said Mr Naupan, who joined the AMWU with others unhappy at long hours and bad conditions. He was among workers who stopped their re-payments – in his case $161 a week - on legal advice from the AMWU. Most were made redundant in November 2012 after just six months’ work but have been helped by the

AMWU into new, stable jobs in Whyalla, far from their original employer. “The company said they were economising, but we think it was because they didn’t like us joining the union and standing up for our rights,” Mr Naupan said. Mr Naupan and a former colleague Arnold Tabilon were among many Filipinos whose wives or relatives back at home went guarantor and faced pressure from loan companies after the payments stopped, but this ceased after intervention from the AMWU. Mr Tabilon was paying off his $17,000 loan at $214 per week. When he withdrew all moneys from his bank account so the loan shark couldn’t access the funds, the administrator at his employer called him in and told him to put money back for the loan repayments. “I wondered how they knew I’d withdrawn money from my account and they said they had a letter from the loan company. I’m thinking why should my boss have that and tell me what to do with my bank account?”

Better protection for local workers

ension sparked by Hastings Deering in choosing long-term employees for redundancies in north Queensland while retaining 457 Visa workers has resulted in a union initiative to ensure longserving local workers have the highest priority in job security.

The AMWU National Conference in July backed a protective clause for permanent local workers being inserted in all future union agreements. It was among further reforms called for by Conference to make the 457 Visa system fairer for local members and foreign guest workers during recruitment and

possible termination. Following the logic of guest labour only being used where skill shortages exist, the protective EBA clause would mean that if redundancies were required, 457 Visa workers should be treated identically to temporary labour, contractors or casuals by being selected before the full-time local workforce. The issue was brought to a flashpoint when Hastings Deering abruptly told its workers across northern Australia that 200 jobs would go due to the downturn in the mining equipment sector, without proper consultation with the AMWU.

NEWS

PRESSURE ON NEW MINISTER OVER SHIPBUILDING FUTURE

HE AMWU will maintain a campaign of pressure on the Coalition Government to reverse its do-nothing policy on Australian shipbuilding which risks large job losses in the industry over the next two years.

The union has urged the Coalition Government to take a bi-partsian view on defence and look again at the previous government’s plan to bridge the “valley of death” by bringing forward the building of new navy ships to 2015. Shipyard delegates were bitterly disappointed with the lack of commitment to new shipbuilding from the then shadow Defence Minister Senator David Johnston during the election campaign, with the industry now facing a crisis because work is rapidly running out. AMWU National Secretary Paul Bastian described the Coalition’s policy of delaying decisions on any new shipbuilding by a further 18 months as a potential national disaster. It was particularly disappointing considering the new Defence Minister well understood the issues in maintaining jobs and skills as the second Landing Helicopter Dock at Williamstown is due to be completed next year and work on the three Air Warfare Destroyers winds down. “If you delay future shipbuilding decisions by a further 18 months then we will have already hit the so called “valley of death” where work has been completed on the AWDs and LHDs,

Shipbuilding expertise: Members at BAE Systems at Williamstown, Victoria, show their unity on a day of nationwide campaign meetings to pressure politicians.

no more work is ready to go, and thousands of jobs and all the skills and knowledge is lost to the industry,” said Mr Bastian “It’s simply ludicrous for Senator Johnston to pretend that further delays are an option.” The Coalition has pledged to gradually raise defence spending to 2 per cent of GDP, but new contracts are needed now as part of a rolling building program to retain jobs, skills and capacity leading up to the huge national project of designing and building 12 new submarines. Mr Bastian said unless projects including the two supply ships and the replacement of Armidale-class patrol boats recommended in the latest Defence White Paper were brought on rapidly, the nation could lose its

opportunity to build 48 new navy vessels needed for the next 30 years. “This is a period of historic opportunity to cement Australia’s shipbuilding capacity, to sustain our self-reliance as an island nation, and we risk letting that go.” Mr Bastian said a solid start for the new government would be to carry through on the former government’s $1.5 billion pledge to bring forward the construction of at least one of two new refuelling ships to 2015-16. AMWU delegate at Williamstown, Leon White, said: “It doesn’t help our industry to reach its potential if the government orders foreign ships “off the shelf” or flat packs them on to a barge to have us do the finishing off.”

Visy shamed in OH&S victory for members

ur union has won a major victory for workers’ health and safety in a case where packaging giant Visy was condemned by a Federal Court judge for persecuting an AMWU delegate for honestly doing his duty as an OH&S representative.

him with a final warning notice.

Visy threatened Jon Zwart with dismissal after he put OHS “tag” notices on two unsafe forklifts at its Coburg can factory in 2011 because their beepers were not loud enough, consistent with the company’s own “zero tolerance” safety campaign.

When Mr Zwart rejected a company proposal that forklift drivers honk their horn and turn their head when reversing as unsafe, Mr Street accused him of trying to disrupt production. Mr Zwart’s stance was later endorsed by two outside safety experts.

The judge found Mr Street’s “prevarication and the contortion his evidence involved, has led me to conclude he was not frank with the court.” Mr Street had suspended Mr Zwart and ordered the “independent” investigation because he claimed the AMWU member was “uncooperative” by insisting safety regulations be followed.

The court agreed with the AMWU position that the company’s attitude to Mr Zwart was totally unjustified.

AMWU Victorian Secretary Steve Dargavel hailed the decision as a victory for all workers. He said it proved that unions were able to take legal action under the Fair Work Act to remedy a health and safety matter, reducing reliance in Victoria on WorkSafe, which has the lowest prosecution rate in the nation. Mr Zwart said the case had strengthened the rights of workplace health and safety representatives to disagree with employers without suffering discrimination. “I think it’s a big lesson for standing your ground when you believe you’re right and standing up to bullying,” he said. “I’m forever grateful to the union for backing me up.”

Justice Bernard Murphy found the result of an “independent” inquiry the company instigated into the worker’s conduct was neither impartial or truly independent of Visy mangement. Justice Murphy criticised evidence by Visy’s plant operations manager Robin Street as “unreliable,” finding he should have never suspended Jon Zwart from work, investigated his actions or later issued

Disruption to work turned out be minimal with the forklifts adjusted with louder beepers later on the day of the incident.

The court found that Visy had engaged in adverse action against Mr Zwart, leaving it open to a maximum $33,000 fine on each of three breaches of the Fair Work Act. Legal lift: AMWU Victorian Secretary Steve Dargavel (left) congratulates Jon Zwart, who was vindicated by the court.

Mr Street also faces two potential $6600 fines for his conduct. AMWUNEWS

NEWS

Union’s new man takes workers’ rights to Kimberley’s heart

he AMWU is reaching out to indigenous communities at the forefront of the nation’s resources expansion through the recruitment of Kimberley man Russell Davey.

The union’s WA branch is working closely with the Kimberley Land Council to bring workers’ rights to Aboriginal communities whose lands contain vast mineral wealth and Russell “Wossy” Davey presented as the right person to advance that cause. A man of the world and a Bardi Jawi man from One Arm Point, 220km north of Broome, he has deep community, cultural and family contacts across the Kimberley. Mr Davey has worked in the mining industry, driving trucks at Rio Tinto iron ore mines in the Pilbara. “A lot of people don’t know what the union is about, they have to be given the information that our union is here to help them and not to make trouble,” he said. “It’s particularly needed with the resources and mining, where there will be big changes for communities and the chance of jobs coming with the gas and other projects.” His appointment comes as the opportunities for improving the living standards of indigenous communities

Development Program. Mr Davey hopes to draw on his networks through the 1000km from Broome to Kununurra, possibly using some of his artwork to explain what unionism is about. “It’s a long stretch of road, but it’s a small place when you’ve been involved with the Kimberley Land Council, going out bush. You have to be able to speak directly with people, appreciate and respect their culture, and their customs,” he said. WA State Secretary Steve McCartney stressed that our union had much to learn from Mr Davey. Man of many talents: New AMWU organiser Russell Davey (left) shows union WA Secretary Steve McCartney some of his artwork.

through mining in their traditional land is a focus of national debate, particularly over the future of gas development in the Kimberley. Mr Davey has been learning industrial relations technicalities and the finer points of enterprise negotiations in AMWU courses held in Sydney. “This opened my eyes to a few things, certainly that all this time my people could have been working better and getting the right deal,” he said. “If I can tell my people about their rights, about the need to ensure they have the right hours, pay and safety, then that has to help everyone.” Mr Davey’s community contacts are extended through his artwork and as a

dancer with the Bardi Dance group, telling traditional stories. The group has performed across the nation, represented Australia in the US and dances regularly when the West Kimberley people have regional meetings. “If you’re involved with the customs and culture, if you have that strength behind you, people will listen when you’re getting other messages out, like talking about the union,” Mr Davey said. He represents the Ardyaloon clan on the local Bardi Jawi Prescribed Body Corporate and has worked over the past few years as a workplace mentor in One Arm Point’s Capital

“We can teach him a lot but we’ll be regularly sending an AMWU organiser up there on a voluntary basis to learn about indigenous culture, something we’ve already done in other parts of the state,” he said. Mr McCartney said Mr Davey’s new role involved educating local communities on the value of schooling, of work – and particularly unionism - while trying to steer people away from destructive behavior such as petrol sniffing. “He’s a guy who has worked in mining, who is part of indigenous culture, who is a mentor,” Mr McCartney said. Mr Davey said: “I’m challenging myself to take this job on, I’ll have all the training and all the support to do my best for the union and my people.”

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AMWUNEWS

NEWS

ORGANISE EDUCATE CONTROL The AMWU in Australia 1852 – 2012, Edited by Andrew Reeves and Andrew Dettmer, Monash University Publishing. The history of a trade union that can date its founding to a meeting held on an immigrant vessel in Sydney Harbour in 1852 might sound a bit daunting. But historian Andrew Reeves and AMWU National President Andrew Dettmer have drawn together a collection of histories brimming with colourful characters, deep thinkers and passionate representatives of working people dealing with the social and political issues of their times. The result is not a chronological account of the organisation’s history, but a retelling of campaigns, struggles, strategies and political decisions that melds the diversity of our Union with a unity of purpose and political consciousness amongst the workers and officials who helped build the modern AMWU. There’s a little bit of something for everyone in this volume. Be it the welding together of the union’s emergence with the significant social and political events of Australia’s young history, to the shop floor accounts of workers’ empowerment through their union.

There are significant figures living on these pages. From Laurie Carmichael and the great visions and campaigns of the seventies and eighties, to Isabella Parker, Margaret Wearne, Maud Hood and many other women who led the Female Confectioners Union from 1916 to 1945. It was fitting that Mr Carmichael was on hand when the book was launched at the recent AMWU National Conference by his old sparring partner, former Prime Minister and ACTU President Bob Hawke. The book also features “Red” Fred Thompson and his tremendous contribution to workers in the red north of Queensland and the Northern Territory and his activism for indigenous communities, as well as Angie Williams, Claire Glover and Sue Creed and their contributions to workers in Tasmania. John Hempseed and Chris Harper tell their inside story of the Queensland Coal Shop Stewards since its founding in 1974. What does emerge most clearly throughout

the volume is the AMWU’s history of industrial leadership and the importance of elevating struggle in the workplace into the political realm to win real and lasting outcomes for workers. There are many more stories and characters from the AMWU’s rich history not captured here, but that’s not the rationale for the book. Rather, it is to interweave the role this great Australian union has played and continues to play in our nation’s industrial, social, economic and political history. And long may it continue to do so. The AMWU has 25 copies of Organise Educate Control to give away. Please email news@amwu.asn.au with your name, home address and membership number or mail an entry to AMWU News, 2nd floor, 251 Queensberry St., Carlton South, Victoria 3053.

S W E N rief in b

FORGACS WORKERS STAND FIRM FOR NEW DEAL Forgacs members have settled a new union agreement locking in a range of workplace protections after a tough seven-month fight to overcome a hard-line company agenda.

The agreement provides a trial for an extra RDO monthly and a 10.25 per cent pay rise over three years. Delegates and members took four days of protected industrial action in defeating a push by Forgacs’ new owners and executive managers to reign in key rights to consultation on change and Occupational Health and Safety. But the opportunity for larger productivity improvements was missed by the refusal of Forgacs managers to consider more co-operative arrangements in shipyards and engineering works, according to AMWU organiser Daniel Wallace. The agreement covers about 800 workers in Forgacs shipyards, ship repair and engineering

facilities in Newcastle, Sydney and Brisbane. The workforce also retained their existing provision to keep employer superannuation contributions one per cent above the obligatory rate.

UNION ON THE BALL FOR GOOD CAUSE THE AMWU has gone in hard for good causes this winter with Queensland organiser and Masters Aussie Rules player Scott Stanford taking to the field in a match which raised more than $8000 for treating cervical cancer and breast cancer. Scott played in the teal guernsey of “the Barbarians”, a combo of his Redcliff Tigers and Sandgate Seahawks of which the AMWU shared the night’s sponsorship. He played alongside Kev Waldron, who lost his partner to cancer this year and organised the match in her memory to help raise funds. Funds from the effort went to the Kim Walters Foundation, offering a free treatment network to women suffering from breast or gynecological cancer.

CHOPPER AGREEMENT FINALLY LIFTS OFF Helicopter engineers who keep Australia’s search and rescue fleets flying have a new union agreement after a frustrating 11-months which has left tensions hovering with employer CHC. AMWU members persevered for a 4 per cent annual wage increase, with an extra two per cent in upgradings for experience which benefits most aircraft maintenance engineers over three years. They also won hefty pay rises for apprentices, fairer leave arrangements, a new consultative committee and full backpay. Delegate Greg Harvey said the 130 engineers were relieved the deal was finally through Fair Work Australia after their last EBA expired in August, 2012 but blamed the obstructive attitude of CHC Helicopters for unnecessarily drawing out the process. North-American owned CHC has failed to implement simple economies to free up funds for improving wages and conditions. Lubriacants and even toilet paper are flown in from Canada. The majority of CHC’s engineers are classed as “touring” as they travel nationally to service helicopters across 10 bases. AMWUNEWS

Delegate Profile DANIEL MACKIEWICZ Hospira, Victoria I’ve worked at Hospira for over nine years. We manufacture drugs used in chemotherapy and oncology for Australia and export. My job is basically quality control in testing to make sure everything we produce meets the strict regulations of the Therapeutic Goods Administration in Australia and the US Federal Drug Administration. I became a delegate about four years ago when the person in the position, who’d done a good job, had to step down for family reasons. I was nominated, decided to take it on but I never expected the responsibility. It’s tough in enterprise bargaining, you’ve got your members’ fate in your hands and you’re going into battle

for them. You can only do your best, you’ve got to accept you can’t get everything you want, but never cave in to management. You want a good working relationship with them, but if they sense weakness, they’ll try to exploit it by being buddy-buddy with you at times. You’ve got to stick to your guns for your members even if it means some grief for you. In our last agreement, management tried to divide us and tried to get the TSA people to vote up the agreement despite the fitters still not being happy

with it. But we closely co-operate with our maintenance guys and we stood with them, we refused to vote it up. Management realised it was all for one and one for all with AMWU members here. We got a good result. I’ve done union training most years and now I’m up for advanced delegate training. It’s helped develop my leadership skills, my organisational skills and the way I speak to people. It’s helped me to negotiate, and to plan strategies and tactics in a way that’s also been very useful outside work too.

You learn to always question things. It’s helped my confidence, I’m certainly happy now to openly approach anyone in senior management to talk. Improving conditions for our members is the most rewarding part, particularly after months and months of negotiating our last agreement. When you present the final document you see smiles on the faces, that’s a relief and a reward. Some people are not boisterous, they wouldn’t challenge management alone, so it’s great to be able to speak up on their behalf.

ESSENTIAL www.amwu.org.au CONTACTS email: amwu@amwu.asn.au AMWU National Office Location: Level 4,133 Parramatta Road, Granville Postal: PO Box 160, Granville, NSW 2142 ............................................. (02) 8868 1500 2nd Floor, 251 Queensberry St, Carlton South, VIC 3053 .............................................. (03) 9230 5700

Bendigo ................................................ (03) 5442 5101 Dandenong ........................................... (03) 9701 3044 Geelong ................................................ (03) 5229 9358 Latrobe ................................................ (03) 5134 3306 Portland ............................................... (03) 5523 2525 Shepparton .......................................... (03) 5822 2510

NSW Branch Location: Level 1, 133 Parramatta Road, Granville Postal: PO Box 167, Granville, NSW 2142 ........................................... (02) 9897 4200 Albury/Wodonga .................................. (02) 6024 1099 Newcastle ............................................ (02) 4954 3215 Western Region ................................... (02) 6337 7162 Wollongong ...........................................(02) 4229 7611

QLD Branch Location: 366 Upper Roma Street, Brisbane Postal: PO Box 13006 George Street, QLD 4003 ............................................. (07) 3236 2550 Gladstone ............................................. (07) 4972 5319 Mackay ................................................(07) 4953 0550 Rockhampton ...................................... (07) 4927 1487 Townsville ............................................ (07) 4771 5960

VIC Branch 1st Floor, 251 Queensberry St, Carlton South, VIC 3053 .............................................. (03) 9230 5700 Albury/Wodonga ................................... (02) 6024 1099 Ballarat ................................................. (03) 5332 2910 AMWUNEWS 12

SA Branch 1st Floor 229 Greenhill Road, Dulwich, Postal: GPO BOX 1051, Adelaide SA 5001 ................................(08) 8366 5800 Whyalla .................................................(08) 8645 7115

WA Branch 121 Royal Street, East Perth, WA 6004 ............................................... (08) 9223 0800 Bunbury ............................................... (08) 9721 7933 Henderson ............................................ (08) 6498 9382 Karratha ................................................ (08) 9185 4078 TAS Branch 28 Station Street, Moonah, TAS 7009 ............................................. (03) 6228 7099 Burnie .................................................. (03) 6431 1344 ACT Office Canberra ...............................................(02) 6273 2412 NT Office 1st Floor, 38 Woods Street, Darwin NT 0800 .................................................(08) 8941 1511