Winter Issue 2009 - cfmeu

INSIDE: May Day souvenir lift-out poster
CFMEU
MEMBER
FACING
JAIL
MASSIVE
TURN OUT
FOR SAFETY
RALLY
LABOR
BETRAYS
UNIONS OVER
THE ABCC
JOHN
HOLLAND’S
SHODDY SAFETY
EXPOSED
URINE
SAMPLE
TEST CASE
WON!

C F M E U D I R E C T O R Y
President
Secretary
Assistant Secretaries
UNION OFFICERS
Jack Nicholas
Matthew Swinbourn
Shannon Walker
Jill Hawkins
Kelly Hawkins
Rod Reynolds
Peta Arnold
Emma Griffiths
Linda Pallot
Rob Mitchell
Amanda Dunn
Tammy Hall
Cam McCullough
Kevin Reynolds
Joe McDonald, Graham Pallot
Industrial Advocate
Industrial Advocate
Article Clerk
IR/Legal Assistant
IR/Legal Assistant
Wage Claims
Office Manager
Membership Officer
Accounts Officer
Media and Communications
Reception
Reception
ORGANISERS
Mick Buchan 0419 812 861
Mark Hudston 0419 812 864
Vinnie Molina 0419 812 872
Graham Pallot 0419 812 865
Phil Kennedy 0427 244 141
Troy Smart 0419 812 871
Brad Upton 0488 770 857
Angelo Forte 0419 812 867
Matt Waters 0419 812 875
The Union Office is located at
82 Royal Street East Perth WA 6004
Open 7:00am – 5:00pm Monday to Friday
PO Box 6681 East Perth WA 6892
Telephone: (08) 9221 1055
Facsimile: (08) 9221 1506
E-Mail: cfmeuwa@cfmeuwa.com
Website: www.cfmeuwa.com
All rights reserved: The Construction Worker Journal is complied & published
by the CFMEU publications department. All copyright belongs to the CFMEU.
No part of the publication may be reproduced or copied in any means without
the written permission of the publisher.
Disclaimer: The information contained within this publication is for general
construction workers only. While every care is taken to ensure accuracy of
information, we accept no responsibility for any action taken as a
consequence of the information contained in this publication.
ISS 1833 0282
C O N T E N T S
Secretary’s Address 2
Big CFMEU turn up for Day of Mourning Rally 4
Has Kevin Rudd lost the plot? 7
CFMEU wins urine test victory 9
BETRAYED! Different name, same powers 11
ABCC Update 13
Members approving record number of new union EBA’s 15
John Holland admits poor safety record 17
City Round Up 19
Labor lose heartland of working class 21
Legal Matters 23
New delegates on way for WA! 25
Off Cuts 27
Spot the Hazard 28
Huge CFMEU turnout for May Day 09! 31
May Day Poster Lift-Out 32
Companies charged over Scaffy Deaths 35
Hanssen Pty Ltd cops massive $40,000 fine 35
North West Report 37
South West Report 39
It’s time for entitlement/wages protection 41
WA IRC tosses out electoral case 41
Workers Rights 43
Complaints from workers rise 45
Royal Commissions: a BIG waste of money? 45
Union Benefits 47
Joe’s loss is a win for the workers 49
Construction workers 'rorted' in NT 49
Where are they now? 51
Apprentice Profile 53
West Gate Bridge dispute ends 53
CFMEU leads way with member’s meetings 55
Off the site 57
Union Benefits 59
A cheap fine for another death! 61
Tinto fined 200,000 Rio’s! 61
Rigger charged with manslaughter 61
International News 63
Pete’s Page 64
GOT A STORY, PHOTO OR COMMENT?
Email : editor@cfmeuwa.com
Construction Worker – Winter 2009 Page 1
CFMEU

S E C R E TA R Y ’ S A D D R E S S
with Kevin Reynolds
Over 1 million people marched
International Delegates meeting in Cuba.
It was with a great deal of pride that
I had the opportunity to represent
the members of our union as one of
2700 invited guests from around the
world to Cuba’s celebration of May
Day. The event also coincided with
the 70th anniversary of the Cuban
Trade Union movement and the
50th anniversary of the Cuban
Revolution.
It was an amazing experience to see
over one million people at their
annual May Day Parade.
Along with over 2000 delegates
from 82 countries I attended and
spoke at a specially convened
congress at the Cuban National
Convention Centre – on behalf of
our union I expressed our solidarity
for the Cuban people in their plight
against the inhumane trade
blockade of their country by the
USA government. Just to give one
small example of the hardship
people live under due to this
blockade: Kids can’t get milk from
the USA mainland, they have to
import it all the way from NZ – this is
just the tip of the iceberg on how the
Cuban people suffer under the giant
shadow cast by the USA. Our
delegation also took a trip to a
township called Pinar Del Rio. It was
totally flattened 6 months ago by
hurricanes. It was incredible to see
how much had been rebuilt in that
time – the Cuban people and
government took pride in the fact
that they responded to their
people’s need far better and faster
than the Bush Government did after
Hurricane Katrina hit New Orleans.
We also spent time with Cuban
union officials and workers,
discussing and helping them to take
on board better safety standards
and procedures for their workforce.
Obviously they are a long way
Vinnie Molina and Kevin Reynolds proudly
display the medals awarded for on-going
CFMEU commitment and help towards CUBA
behind our standards but we hope
the knowledge we passed on starts
to improve their local situation.
CFMEU AWARDED
HIGHEST HONOUR
The Cuban Government presented
to both the CFMEU and Organiser
Vinnie Molina, a specially struck
one-off medal to recognise all the
help we have been able to give the
CUBAN people in their struggles.
Cuba has recently been ravaged by
Page 2 Construction Worker – Winter 2009

in Cuba’s May Day parade
Kevin Reynolds presents a cheque for 12,600
Euro’s to Salvador Valdes-Meza, General
Secretary of the Cuban Federation of Workers.
3 hurricanes destroying a lot of their
major infrastructure. I was therefore
pleased to be able to present a
cheque on behalf of all the CFMEU
delegates for 12,600 EURO’s which
will help to rebuild local housing.
APHEDA (Union Aid Abroad)
donated a further $220,000 towards
rebuilding the Cuban Children’s
Hospital and to help buy much
needed medical equipment.
One thing that stands out when you
go to Cuba is they don’t have much
after years of being blockaded by
the US Government, but what they
do have they share and they get on
with leading a productive life.
It was interesting to catch up with
other union leaders from around the
world including the USA and Canada
and delegates from UCAT (Union of
Construction Allied Trades &
Technicians) from the U.K. – they all
face similar struggles as we do here
in Australia, and it was refreshing to
have an exchange of views and
swap ideas and tactics about how
best to achieve victory in these
struggles. Safety is an important
issue all around the world, which
leads me thank all those workers
who supported the ‘International
Day of Mourning’ rally and march at
Solidarity Park on April 28th.
Joe McDonald addresses the Huge CFMEU
crowd at the Day of Mourning Rally
It’s heartening to see that so many
members drew a line in the sand to
say they won’t put up with shoddy
safety procedures and unsafe
workplaces.
It sent a clear message to Worksafe
WA that they are not out on sites
doing their job effectively. Worksafe
needs to focus more on preventing
workplace accidents leading to
death and injury rather investigating
horrific events after the horse has
well and truly bolted.
I would like to give a message of
support to our comrades in the West
Gate Bridge dispute. Let’s make one
thing clear, when you have
employers’ who reneged on
agreements and then bring in Scabs
to take good jobs from our
members, you are asking for
trouble!
BETRAYED!
Before the last election Labor
politicians were saying the ABCC
had to go. Here’s what Penny Wong
said on 7 September 2005, “Why is
it that building workers in this
country ought to be treated
differently to other workers? We do
not think it is appropriate to put
one set of workers under far
harsher and more stringent
regulation than another set.”
Now that Rudd has been elected
that tune has changed as we saw
from Julia Gillard at the ACTU
national congress. It is a disgrace
how they blatantly say one thing
and mean another – they are in
effect, liars! At least with Howard we
knew where we stood.
We now have another union
member, Ark Tribe, facing 6 months
jail for refusing to be interviewed by
the ABCC. Like Noel Washington
before him, Ark will get all our
support in our fight to achieve one
fair law for all.
Finally, I would like to thank all those
members who exercised their
democratic rights and voted in the
State CFMEU WA elections.
Sincerely,
Kevin Reynolds
State Secretary
CFMEU WA
Construction Worker – Winter 2009 Page 3
CFMEU

D AY O F M O U R N I N G R A L LY
Big CFMEU turn up for
Workers proudly carry our banner: Bury Worksafe not Workers!
WORKSAFE TARGETED AS INEFFECTIVE
It was the largest turn out ever, spurred on by the spate of deaths WA has seen this year in the North West. The
International Day of Mourning is an annual event held on April 28th. It was proclaimed by the United Nations to honour
the lives of those who have died or were injured carrying out their work.
It was a proud day to see around 3000 CFMEU members march
up St Georges Terrace to Solidarity Park where national CFMEU
Assistant Secretary, Martin Kingham and Joe McDonald gave a
rousing speech to members after the official ceremonies had
taken place.
Along the way members carried 100 black flags and 5 black
coffins to commemorate and honour fallen comrades.
In the march up the Terrace a minute was taken to give the ABCC
a verbal spray, no doubt they were all looking on, sitting safely in
their ivory tower in the QV1 Building. It also sent a strong
message that workers are not going to take their crap anymore –
and that their pursuit of unions under Rudd’s anti construction
worker laws by making it hard for union officials to get on site
The Murrie family sadly reflect on the Life of a son and and check safety procedures is wrong, immoral and a disgrace
brother, Luke Murrie – His death will not be in vain. to freedom and democracy.
Page 4 Construction Worker – Winter 2009

Day of Mourning Rally
Trish Kelsh and
family continue to
mourn the loss of
husband and father,
Des Kelsh. Trish
says more workers
die each year in
accidents than in
war. She’s right!
Workers show support and solidarity.
The amount of deaths and injuries
on site is not helped by the total
ineffectiveness of Worksafe. They
have become investigators of death
rather than being preventers.
There’s been too many deaths, too
many injuries and not enough
action. We need safer worksites, not
gravesites.
MORE SUPPORT NEEDED FROM OTHER UNIONS!
The International Day of Mourning needs greater active participation from all
other unions. Their members need to be well organised in advance and attend
the ceremony at Solidarity Park on the day itself. And that includes higher
representation from white collar unions as well as blue collar.
There can not be a better reason for ALL unions to show solidarity than to rally
and march for workplace safety and pay homage to those who lost their lives
in the course of going to work. Let’s hope there is a much bigger turnout from
other unions next year!
Enough is enough.
Let our union on
more sites to keep
them safe.
A prayer for fallen comrades
Trina’s husband
Joseph died aged
39 in 2000 in an
accident building
Acacia Prison.
Brenda Taylor lost
her son Andrew in
1979. He died
from burns 3
weeks after his
horrific accident
on a worksite
Maddington.
Tragically he was
just 16 years old.
Trina Guagliado left and Brenda Taylor right.
Check out our website www.cfmeuwa.com for information on workplace safety
Construction Worker – Winter 2009 Page 5
CFMEU

U N I O N N E W S
with Kevin Reynolds
Has Kevin Rudd lost the plot?
• No Pension at 65 –
just more years
paying Tax!
• Construction workers
to toil until age 67
• Jenny Macklin says if
workers don’t like it
get re-trained!
The proposal to extend the
mandatory retirement age to 67, is
straight out the book ‘‘How to
succeed in being a one-term
Government”. Along with Rudd’s
support of the ABCC and now this
he is doing his best to alienate those
who helped to get him elected back
in 2007.
There’s also a view to restrict
access to superannuation until 67!
This will be the thin end of the
wedge. If they are allowed to get
away with this, then you can bet
your bottom dollar (if you have any
left) that 70 will be next, or even 75!
Workers in construction spend
years performing arduous tasks,
their bodies are put under physical
stress like few other industry
occupations.
They pay their taxes and are entitled
to take up their old age pension at a
reasonable age. Age 65!
“ If I
could
remember
where my
hard hat
was I’d
wear it!”
Community Services Minister Jenny Macklin said; MANUAL labourers should
look at re-skilling in their mid-50s to ease the burden on their bodies. Who are
they kidding? It reeks of arrogance!
We ask, what does a scaffy, concreter, carpenter, brickie, crane driver, etc be
re-skilled as in their mid 50’s?
Treasurer Wayne Swan said blue-collar workers would have to stay on the job
another two years to get the pension, despite "the stress on their bodies over
time".
It seems voters agree that this is unfair policy. A recent opinion poll showed
more than two-thirds of respondents believe it is unfair for labourers and
tradesmen to work an extra two years.
You can count on your union to fight this every step of the way.
Construction Worker – Winter 2009 Page 7
CFMEU

O H & S U P D AT E
with Mick Buchan
CFMEU wins urine test victory
THE indignity of being marched to a
special cubicle to pee in a jar – the
most common way an increasing
number of employers test for drug
use – will be replaced by mouth
swabs for 200 Shell staff in a
breakthrough ruling that could also
provide greater privacy for other
workers.
In what it describes as a “significant
decision in protecting employee’s
privacy and improving drug and
alcohol testing standards
throughout the workforce”, the
CFMEU Mining and Energy Union
has won a major case on random
drug testing.
Union National Legal Officer Judy
Gray, who ran the case on behalf of
CFMEU members employed at
Shell’s Clyde Refinery and Gore Bay
Terminal, said that the decision to
introduce oral fluid testing rather
than urine samples in random drug
testing would end “a widespread
practice that is not only a violation
of privacy but also not as accurate
in detecting possible employee
impairment in the workplace”.
The CFMEU’s proposal to use oral
fluid samples in random tests rather
than urine sampling was opposed
by Shell and under an agreement
between the Union and the
Company the dispute went to
private arbitration, heard by a Senior
Deputy President of the AIRC,
Jonathan Hamberger.
The Senior Deputy President ruled
in favour of the Union’s case and
Shell appealed to a Review Panel
headed by the President of the
We’re not taking the piss anymore!
AIRC, Justice Geoffrey Giudice. The Review Panel upheld the ruling in favour
of the Union and in handing down its decision said: “The Senior Deputy
President made three critical findings. First, he found that a urine test can
detect the use of drugs some days, rather than hours, beforehand (“the wide
‘window of detection’“). Secondly, he found that oral fluid testing detects
recent use only and is therefore less likely to detect drug use in an employee’s
own time. Finally, he concluded that while neither test measures impairment, a
positive oral fluid test is far more likely to indicate actual impairment than a
positive urine test. In the circumstances His Honour decided that it would be
unjust and unreasonable to permit random urine testing…”
An independent inquiry into the increased use of random drug testing in the
workplace in Britain in 2004, in response to an influx of US drug testing
companies there, found there was no justification for urine tests to police
employees' private lives, and there was no strong link between drug use and
accidents in safety-critical areas. Instead, lack of sleep and excessive
workloads were more likely to be accident factors.
“Drug testing – intervening into an employee's body, breaking that
corporal boundary…at the moment the evidence for it is not
there.”
Construction Worker – Winter 2009 Page 9
CFMEU

A C T U C O N G R E S S
with Kevin Reynolds
BETRAYED! Different name, same powers
Delegates wear yellow shirts in protest!
Gillard delivers her speech at the ACTU congress
At least with John Howard and the
Liberal party you knew what you
were dealing with. You knew where
you stood! This mob led by Rudd
and Gillard is a bunch of liars. They
make promises only to break them.
At the last election they inferred they
would dismantle the ABCC and their
coercive powers, but all they
propose to do is change the name
of the ABCC from 2010 – so when
Julia Gillard got up at he ACTU
congress and said the ABCC is
going, she was technically right. The
name is going but the powers are
staying. This has to be the most
manipulative piece of skullduggery
in Australian industrial history.
These are not Howard’s laws any
longer. They are Rudd’s laws. It’s a
disgrace what they have done to the
good and honest workers who
voted for the ALP in 2007.
Confronting hundreds of yellowshirted
union delegates (yellow to
reflect the cowardice of the RUDD
Government) at the ACTU Congress
in Brisbane, Gillard defiantly told
unions they would be better off
“pounding the pavements” in
support of the Fair Work Act than
lobbying in Canberra for a second
wave of workplace change. How
arrogant is that?
Amid heckling and cries of “shame”,
Gillard said Labor would honour its
election commitment to abolish the
Australian Building and
Construction Commission and
replace it next year. However, she
made it clear the Government would
not agree to the union push to
remove the new inspectorate's
coercive powers.
The Workplace Relations Minister
then provoked hostility from the
audience when she referred to
allegations against building workers
involved in Melbourne's West Gate
bridge dispute – note the use of the
word ‘allegations’ – yet she (an ex
lawyer) was all too ready to accept
that as evidence to hang the union
movement and use it as some sort
of reasoning to keep the powers of
the ABCC in place.
"It is easy for people to smear
construction workers – that is what
we saw from the Liberal Party," said
Dave Noonan, the National
Secretary of the Construction,
Forestry, Mining and Energy Union's
Construction Division.
ACTU Secretary Jeff Lawrence said
the Federal Government was failing
in its duty to protect the families of
workers in the construction industry.
“More than 40 workers have died on
construction sites in the past year –
every one of these deaths is a
tragedy that affects families, friends,
workmates and the whole
community.
The high level of deaths and injuries
in the construction industry is a
national disgrace and yet safety
standards have got worse in the
period the Australian Building and
Construction Commission (ABCC)
has operated.
In the four years since the Howard
Government set it up to pursue an
anti-union political agenda, the
ABCC has failed to adequately deal
with employers who break the law
or cut corners on safety.”
The cost to run the ABCC is
tantamount to ‘financial
pornography’ in the current
economic climate. It does nothing to
enhance working conditions,
protect workers rights or safety. Its
sole purpose is to destroy unions
and in the process deny workers
and their families’ basic human
rights.
If the Rudd Gillard Government
does not dismantle the coercive
powers of the yet to be newly
named ABCC – and have One Law
for All, it could well be signing its
own death warrant for re-election in
2010. No amount of camouflage or
spin will convince workers that the
Fair Work Bill is an end to
Workchoices. Workers and their
families will see through the deceit
and vote accordingly.
WATCH: The Ark Tribe Story on
the Homepage of our website: He
is facing 6 months jail for
standing up for his rights.
Construction Worker – Winter 2009 Page 11
CFMEU

A B C C U P D AT E
SA workmate facing up to 6 months jail!
Construction workers are being hounded by the
ABCC, over efforts to fix safety problems on jobs.
This time, the Government backed
enforcer ABCC has seized on an
incident at the Flinders University
Education building site in South
Australia last year.
For weeks, workers had complained
to the contractor, Hindmarsh
Constructions, about what they
believed was shoddy safety. But
their complaints were ignored.
When a CFMEU organiser visited
the site, his entry was obstructed.
Then the police turned up, asked a
few questions and left. But a union
presence on the site was resisted.
Hindmarsh locked everyone out of
the job on Saturday May 31 – for
safety reasons, the workers were
told. Sick and tired of Hindmarsh
ignoring safety, the workers signed
a petition – on a paper hand-towel
from the toilets – for a Safety
Committee and for the union to be
involved. Management refused to
accept the petition. When the Union
became aware of the workers’
safety concerns, Safe Work SA was
asked to visit the site. On Monday,
prohibition notices were issued. The
problems were then fixed and work
resumed as normal.
ABCC UNDERMINES SAFETY
Then the ABCC arrived at the site
and began nosing around. They
want to know who said what about
the safety issues and tried to haul
workers in to answer questions. The
employer was not questioned about
the Saturday lock-out or the safety
problems, of course. One worker,
Ark Tribe, has been charged with
refusing to answer ABCC questions
and faces court, and a possible jail
sentence, in the next few months.
The Rudd Labor Government
refuses to recognise how its special
construction laws and the ABCC are
putting workers’ lives at risk.
Demand an end to
Federal Government
laws that undermine
safety and stop unions
from looking after their
members.
Ark Tribe is a rigger and rank and file
member of the CFMEU in South
Australia. He was working on the
Hindmarsh job at Flinders University
when a safety dispute arose last
year. Ark was summonsed for
questioning by the ABCC. The
ABCC has now decided to charge
him with an offence of failing to
attend the interview at the
appointed time. Ark has to front
court to defend the unreasonable
charges. If he has done something
wrong, he is prepared to cop it, but
he won’t be treated unfairly.
Ark has been charged with failing to
attend an ABCC interview.
“I’m prepared to go
to court where I
can be represented
by the lawyer of
my choice.
I believe I have a
right to a fair
hearing.”
Rudd and Gillard’s dogs go after
another decent working class Aussie.
He is happy to go to a proper court
of law and be treated like every
other Australian with an opportunity
to have a fair hearing. He wants to
work in a safe environment. He
believes he has the right not to put
himself at risk. He is just doing what
he believes in and has always done
in his life – to Ark it’s nothing
special. He just wants the same
rights at work as other Australians.
Ark will face court in the next few
months, charged with refusing to
answer ABCC questions. If found
guilty, he could do six months in jail.
continued overleaf
Construction Worker – Winter 2009 Page 13
CFMEU

continued from previous page
OHS problems raised at the Hindmarsh site –
• Plant operated by unlicensed workers
• Scaffold with improper access
• No access, egress signage
• Unusable amenities
• Lack of overhead protection
• No change rooms
• No clean drinking water
• No evacuation plan
But Hindmarsh Constructions has not been questioned
by the ABCC about the safety problems or its decision to
lock out workers.
Support Ark Tribe now. Join the Australian
Construction Unions’ campaign at:
www.rightsonsite.org.au
WATCH: The Ark Tribe Story on the Homepage
of our website: He is facing 6 months jail for
standing up for his rights.
Members approving record
number of new union EBA’s
MORE EMPLOYERS SIGN OFF ON AGREEMENTS
The new round of CFMEU
Enterprise Bargaining Agreements is
progressing in record numbers.
Already, well over 130 agreements
have been negotiated by the union,
put to the members, voted up and
signed off by their employers with a
lot more nearing completion. It is
anticipated there will be more
CFMEU WA EBA’s lodged in 2009
than there was during the last round
of negotiations which took place in
2005.
CFMEU WA State Secretary Kevin
Reynolds says, “During the last
Union Federal Election the
opposition candidates said that
‘only a few builders’ would sign the
new EBA.
Most of the major builders have
signed off and it looks like we will
have a greater number of EBA’s
lodged in 2009 than we did back in
2005. This increase has been driven
by numerous employers who have
come on board in signing an EBA
for the very first time.
We have also had employers who
went away from EBA’s come back
into the system, realising that
improved capacity and productivity
stems from offering workers a fairer
deal.
Construction workers covered by
a CFMEU negotiated EBA will
receive a 15-16% wage increase
over the next 3 years with further
improvements to their conditions
and 15-16% increases in site
allowances. This is on top of union
benefits such as trauma insurance,
travel insurance and journey cover
for those injured on their way to and
from their place of work. In fact, we
have increased trauma insurance
cover to $270,000!.
The CFMEU continues to fight and
achieve better wage outcomes for
its members than probably any
other union in Australia. It’s no
wonder more blue collar workers
continuously choose us as the
preferred union to belong to.”
Construction Worker – Winter 2009 Page 15
CFMEU

S A F E T Y N E W S
with Mick Buchan
John Holland admits poor safety record
INTERNAL HOLLAND MEMO CONFIRMS WHAT THE CFMEU HAS BEEN SAYING ALL ALONG
34 year old Mark McCallum
was killed at Dalrymple Bay
Coal Terminal in May 2007. A
45 rigger was killed in
Newman on March 19. His
name was Wayne Moore.
Both were employed by John
Holland.
In an absolutely astonishing
admission, an internal John Holland
memo from their Structural
Mechanical Process GM, Brendan
Petersen, admits that the current
state of their safety performance is
‘unsatisfactory’ and ‘unacceptable’.
It goes on to say:
“We have a safety objective of No
Harm, however in the last twelve
months there have been 81 serious
injuries to our employees and
subcontractors and we have had
51 occasions where incidents have
occurred with high potential for
injury.”
BUT WAIT THERE’S MORE…
“We also have sites that
consistently allow work activities to
be undertaken in an uncontrolled
or unsafe manner, sites that don’t
take employee concerns about
unsafe workplace conditions
seriously and sites that don’t
report near misses so as to learn
from them and ensure the
situations never re-occur again”
HOLLAND
KEEPS CFMEU OUT OF ROLE
TO IMPROVE SAFETY
As a result of having such a poor
safety record, Holland’s have
embarked on a process to try and
improve their on-site safety
procedures. However there will be
no role for unions such as ours to
play. John Holland and their
associated companies such as
Leighton’s have a history of making
it hard for unions to have access to
their sites to review and audit safety
procedures. They won’t talk or tap
into our vast knowledge base and
experience about workplace safety
– this ignorant attitude is costing
lives.
The sooner companies like
Holland’s understand that union
sites are safer sites the better off
their workers will be.
We also have to question their
observation that accidents
and near misses go
unreported. We have reason to
believe that many workers on
anti-union sites are afraid to
speak up about un-safe work
procedures and poor safety
standards for fear of getting
sacked or even blacklisted.
COMCARE NOT UP TO
POLICING SAFETY
John Holland was the first and
only construction contractor to opt
out of State Workers Compensation
when the Howard Government
expanded access to the Comcare
Scheme. The CFMEU objected
strongly to this because our view is
that Comcare doesn’t have enough
resources to police the dangerous
construction industry and our
concern about benefits.
LIVES WORTH FIGHTING
FOR…
It’s no secret that we have had our
run-ins with John Holland and their
associated companies over the
years – but we make no apology for
placing the lives and well being of
workers ahead of any action their
bosses might choose to take.
Report unsafe worksites – your
life depends on it: Call the union
office on 92211055 or call your
Organiser.
Construction Worker – Winter 2009 Page 17
CFMEU

C I T Y R O U N D U P
with Mick Buchan and Matt Waters
Recession news not all bad in the City
Considering they are saying it’s the
worst economic crisis we have seen
in the past 70 years there’s still
plenty happening in the city. While
jobs such as Century City, Arccon
Murray Street and the two
apartment blocks Skye and the Rise
for Diploma are starting to wind up,
there is a few more just kicking off.
Diploma has just started the Zenith
Project with AT Concrete looking
after the structure. Will & Dom are
down there with the crew from Rise
and are looking forward to building
the job which consists of a 24
storey apartment complex featuring
Perth’s first car stacker.
The C-Bus 140 William Street and
Raine Square sites are moving on
with around 12 months until
practical completion. There are a
few more jobs just kicking off
around town such as Emco Bennett
Street with the crews of Cowan and
Hamilton Formwork and
Presidential Steel Fixing. Psaros
have started a little job next to union
office and Vibapile have started
piling on Broads Elder Street car
park with Westcoast Formwork.
industry at the moment. I mean this
time last year employer’s were hiring
a plenty and now the pencil is being
sharpened across the board. If you
bring up a safety issue you’re
labelled a trouble maker. It’s vitally
important that you go home at the
end of each day the same way you
got there in the morning, ALIVE!
Volunteer fire fighters boots donation.
Rock Solid Concrete Cutting and Presidential
Steelfixing raised the $1600 required to
purchase the fire fighting boots required by
Jason and his crew of volunteer fire fighters.
It’s surprising to think that volunteers have to
supply their own boots.
Paramount Scaffolding on the old
heritage Wellington building C-Bus,
140 William Street site.
AT Concreters on the Zenith Apartments,
101 Murray Street site, pouring the 1500
cubic meters raft slab
Next door Inner-city building are
coming out the ground and moving
forward to erecting tower crane
Number 3. The crews from
Advanced Formwork, Wunderbar
and Westcrete are down there with
Barrett and Lukey looking after the
boys. As difficult as it is with those
Wright brothers!!!
Westralia Square is full steam ahead
with the jump form completed 6
levels and 4 completed levels of
floor space. The crews from
Form700, CASC and New Wave
Concrete will be busy for some time
considering it’s a 52 storey job.
Emco Crew on Bennett Street – Safer
worksites not grave sites.
It’s too early to quote starting dates
but Fraser’s property will be building
a 20 storey hotel and car park on the
old Perth bus depot next to the East
Perth lock up. And it looks
promising that Australand will
finalise 2 residential towers on
Wellington Street, East Perth.
Just to finish up we would like to
reiterate the fact that safety is
paramount, with the climate of the
Anchor crew feature formwork at Central TAFE
Northbridge “where’s Robin”
There are far too many serious
injuries and fatalities within our
industry at the moment. Look after
yourself and your work mates. Don’t
be the one to say “If only”!
If you have an issue and no one is
listening contact us by phone,
text us, call the union office but
don’t do anything. We will turn up!
Remember SAFETY before PROFITS!
Report unsafe sites and work
practices to:
Matt Waters 0419 812 875 or
Mick Buchan 0419 812 861
Construction Worker – Winter 2009 Page 19
CFMEU

P O L I T I C A L N E W S
Labor lose heartland of working class
After 85 years the
WA Labor Party
loses its jewel in
the crown.
For those of you who attended the
great event that was May Day 2009
you may have noticed that there
was a small group of people in red
shirts standing around an even
smaller table. The group had come
along for the day to support Peter
Tagliaferri, the Labor Party’s
endorsed candidate for the state
seat of Fremantle, and raise his
profile amongst the trade union
movement before the May byelection.
As the Mayor of the City of
Fremantle Tagliaferri is well known in
the Fremantle area, but he is not
widely known to the members of
Western Australia’s trade unions. If
Tagliaferri and his team were
genuinely interested in those he
would be working alongside, the
effort would have been made to
mingle into the crowds and get to
know some of the hardworking
people that are proud union
members. Instead the Tagliaferri
team manned a small stall during
the morning and joined the midday
march but afterwards they were
nowhere to be seen. This is not a
good thing for someone who wants
to hold a seat in Parliament
representing the interests of the
workers. The Australian Services
Union claimed that Tagliaferri allowed
a non-union agreement for staff that
paid new employees 10 per cent less
Jim McGinty’s
lasting legacy;
Turned
Fremantle from
a Labor Party
stronghold into
a marginal seat.
for doing the same jobs as the
existing workers! Whilst Tagliaferri
has denied any involvement in the
agreement negotiation it is not a good
way to attempt a career as a Labor
Member of Parliament. On the flip
side to this, Tagliaferri’s opposing
party, the Greens, also had a stall at
May Day. A stall that was in place
before, during and after the march
allowing them the chance to meet all
those who had come out for the day
to celebrate the rights of workers.
With the result of the May 16th
election, there is every chance that
the May Day exposure gave the
Greens some extra support from the
Fremantle community that allowed
them to claim victory in the long
standing Labor stronghold. We
wonder if the ‘ALP May Day Team’
spent the day canvassing support
from talking to people from the ‘Freo
wharf to the Markets’ or did they all
disappear?
FOOTNOTE: It is Interesting that
GREENS have a policy to totally
get rid of the ABCC. (see Senator
Rachel Siewert’s Anti-ABCC policy
in the links section of our website
at www.cfmeuwa.com). Given the
working class background of
Fremantle, could it be that the
ALP’s inaction towards aspects of
Howard’s Workchoices, especially
the ABCC, had a bearing on this
surprising result? Guess Rudd will
find out in 2010!
Construction Worker – Winter 2009 Page 21
CFMEU

L E G A L M AT T E R S
with Matthew Swinbourn
Fair Work Act –
Changes to
Unfair Dismissal
A new unfair dismissal system will
come into effect on 1 July 2009.
Whilst this is an improvement on the
existing system there will still be
workers that fall through the cracks.
WHAT IS AN UNFAIR
DISMISSAL?
It is where an employee has been
dismissed in harsh, unjust or
unreasonable circumstances. It
does not include voluntary
resignations or demotions. It can
include forced resignations.
WHAT IS TAKEN INTO
ACCOUNT WHEN
CONSIDERING WHETHER A
DISMISSAL IS HARSH?
• Was there a valid reason;
• Was the employee told of the
reason;
• Was the employee given a
chance to respond;
• Was the employer allowed to
have a support person present
at meetings to discuss the
dismissal;
• If for poor performance, was
there any prior warnings about
poor performance; and
• How big the employer is, and
whether it has dedicated HR
management.
WHERE CAN YOU MAKE AN
UNFAIR DISMISSAL CLAIM?
The Australian Industrial Relations
Commission will no longer be
responsible for unfair dismissals.
Fair Work Australia (FWA) will now
have responsibility for unfair
dismissals.
WHO CAN MAKE AN UNFAIR
DISMISSAL CLAIM?
Currently you can only make a claim
if your employer employs 101 or
more employees, and you have
completed the qualifying period of
employment, which is 6 months (this
is not the same as probation).
In the future if you’re full or part-time
and you work for an employer who
employs more than 15 full time
equivalent (FTE) employees, and
you’ve been with that employer for
more than 6 months, you may be
entitled to make a claim.
If you work for a small business (i.e.
less than 15 FTE’s), or you’re a
casual, you need to be employed for
more than 12 months.
WHAT ABOUT THE
OPERATIONAL REASONS
EXCLUSION?
Currently, if you’re dismissed for an
‘operational reason’, even if it is
unfair, you can’t make a claim.
In the future you will only be
excluded if there has been a
genuine redundancy. A genuine
redundancy means the employer no
longer requires your job to be done
by anyone (not just because they
want to pay somebody less to do
your job) and they have properly
consulted about the redundancy. It
won’t be a genuine if it is reasonable
for the employer to redeploy you.
HOW LONG WILL YOU HAVE
TO MAKE A CLAIM?
You will only have 14 days from the
time of the dismissal to make a
claim.
WHAT WILL THE REMEDIES
BE?
Reinstatement will be the preferred
remedy, otherwise, compensation
instead of reinstatement.
WHAT SHOULD YOU DO IF
YOU THINK YOU HAVE BEEN
UNFAIRLY DISMISSED?
If you think that you have been
unfairly dismissed, contact the
Union immediately. It is important
that you contract us as soon as
possible because of the 14 day
time limit. We will review the
circumstances of your dismissal and
make a claim for you if there are
grounds to do so.
Construction Worker – Winter 2009 Page 23
CFMEU

D E L E G AT E T R A I N I N G
with Matt Waters and Mick Buchan
NEW Delegates on way for WA!
Proud and strong: New Delegate trainees for the CFMEU
We have begun a program to recruit and develop
the next generation of union delegates and
activists to help build the strength of the union
into the future.
The program is focused on developing young
activists by giving them training and mentoring on
and off the job and building their experience now,
while we still have a team of strong and very
experienced delegates there to support them.
With the assistance of Dave Garland from the ACTU
organising centre, Mick Buchan and Matt Waters are
putting together a solid training and development
program that has already included some coaching and
mentoring training for senior delegates.
“It was a great day out the training centre. These guys
(senior CFMEU delegates) are great rank and file
leaders of the CFMEU. They really want to leave a
legacy on the job when they retire in five or ten years
and I admire that.” Dave Garland said.
“Any young activist who puts their hand up to be part
of this program will be privileged to have the likes of
Cam, Ian, Les, or any of these guys, mentoring them”
Mick Buchan said.
Between the 12 guys that attended the training session
we calculated that there was over 300 years CFMEU
delegate experience in the room.
“What amazed me was that when we did the maths, we
realized that nearly 200 years of that experience will be
leaving through retirement in the next five years. I was
shocked, we were all taken back a bit” said Matt Waters.
Fortunately this is something CFMEU WA Secretary
Kevin Reynolds has considered and the work is well
underway to make sure the union stays strong into the
future. Kevin Reynolds says:
“This work must begin now. You can’t replace a Job
Delegate with 25 years experience with a new guy and
expect the union to be as strong as a result.
Sometimes it has to happen, but if we plan for it now,
it won’t be an issue.”
The program itself is run in groups of ten and has two off
the job training courses and two on the job organising
projects. Regular, planned contact with an organiser and
ongoing mentoring from senior delegates will ensure that
new activists can build their confidence, knowing that
support and encouragement is there when needed.
To become part of this program, contact Mick Buchan
on 0419 812 861 or Matt Waters on 0419 812 875
Construction Worker – Winter 2009 Page 25
CFMEU

O F F C U T S
with Joe McDonald
Keeping you informed with recent
construction news from around the nation
BOSS UNDERCUTS
AUSSIE WORKERS
ADELAIDE: THE WORKPLACE
Ombudsman will investigate
exploitation of migrant workers on
Adelaide construction sites.
It was revealed some Chinese
construction workers were being
paid HALF the standard hourly
rate and having food and
accommodation costs taken from
their pay.
The Construction Forestry Mining
Energy Union raised the alarm,
claiming the quality of workmanship
on Adelaide building sites was
suffering.
NOTE: If this is happening on your
site in WA call your area CFMEU
Organiser or the union office on
9221 1055.
$5.5 MILLION
RECOVERED IN
LOST PAY!
NSW: There has been a battle
raging among some workers who
claim they haven't been paid by a
subcontractor for the job. The
CFMEU in NSW was looking into the
allegations and non-payment was
an increasing problem in the
building and construction industry.
"Since July last year the union has
recovered $5.5 million in unpaid
money in NSW. During the same
period the year before, we
recovered $2.8 million," he said.
"This is due to a number of
factors, including the global
financial crisis and pyramid
subcontracting arrangements."
NOTE: If you’re not getting paid let
us know now. Call the union office
on 9221 1055
KIDS EXPOSED TO
ASBESTOS KILLER!
QUEENSLAND: A school's second
major health scare in less than two
months has sparked calls for a
review of the use of private
contractors in state schools. The
first incident occurred during school
hours on April 7 at Undurba State
School at Murrumba Downs, on
Brisbane's northern outskirts, when
wall sheeting containing asbestos
was cut by private contractors to
install an air-conditioning unit,
creating a dust cloud in the
classroom.
NOTE: There are strict procedures
in removing asbestos – The CSTC
runs a special course. If in doubt, or
you are aware of shonky removal
processes call the union office.
BROKEN LEG COSTS
CONTRACTOR
$65,000
TOWNSVILLE: ABIGROUP Contractors
Pty Ltd has been fined $65,000 after
a labour hire worker was injured on
a Townsville construction site in
October 2007. The court heard that
a 20 tonne excavator a worker was
using to shift sand next to a pile of
steel pylons clipped the end of the
pylons causing the stack to
collapse. A labour hire worker
standing in front of the stack of
pylons was knocked to the ground
and sustained a broken right leg.
The worker operating the excavator
did not hold a Certificate of
Competency and the site supervisor
was aware of this. Although the
worker had a log book pertaining to
the operation of such plant at the
time of the incident, he was not
employed for that purpose. The
worker was not being supervised by
any person with appropriate
certification. An exclusion zone was
not maintained around the areas
where the excavator was operating,
and site-specific induction and
instructions to workers had not
been recorded.
OUR FUTURE IS IN
GOOD HANDS!
QUEENSLAND: 16-year-old Kirwan
High School student Leo
Pozzebon's love for tools and
problem solving has paid off after
being named Construction Skills
Queensland's Student of the Year
receiving $2000 for his efforts.
``Ever since I was young I have loved
working with tools and problem
solving practical projects,'' he said.
``I am passionate and committed to
my career in the construction
industry.
“The benefits I have gained from
training in the construction industry
are that I have gained more
confidence in myself and it has
helped me improve my
communication and problem
solving skills.”
Construction Worker – Winter 2009 Page 27
CFMEU

S P O T T H E H A Z A R D
Port Hedland: This used to be a dual
crane lift, Now it’s back to a duel
crane lift
IT’S ALL ABOUT BALANCE.
“hey mate” Just an observation
you need new boots.
Working platform: you want me to
go up there? I don’t think so!
Burnt out
sent fumes
through the
building.
Surely there is
“But my employer won’t buy me
safety boots.” (Hays employee)
We shouldn’t be doing this, but this
is how we’ve been told to do it.
“HELLO” anyone Down There...Down There...
Gavin Constructions Down There
Page 28 Construction Worker – Winter 2009

Pyramid Constructions. “Even the Ancient
Egyptians had better amenities”
Doric Port
Hedland
Hospital:
Even the
blokes
agree.
The harness will not save you here…
‘check out the access ladder‘
Anyone seen that 4th
screw jack!!!
a BETTER option!!
Handrail or Footrail
Access to the
toilets on this
Northbridge
Diploma site
Hanssen Pty Ltd Milligan Street site….
foot path or forklift path?
Lucky escape!!
One flash and your ash!
Gavin Constructions
Labourers
were lucky to
escape when
this wall came
down on the
Inner-city
Equus site.
Construction Worker – Winter 2009 Page 29
CFMEU

M AY D AY R A L LY
HUGE CFMEU turnout for May Day 09!
We win the
Eureka battle again!
There was another battle of Eureka
at this years May Day parade, a
battle that we are glad to report was
won by the CFMEU. Some nontraditionalists
decided that they
would have their own version of the
famous eureka flag – a red colour
one instead of the famous original
blue flag. Blue won the day, as it
should.
In fact, there was a sea of blue flags
as far as the eye could see as
CFMEU members marched around
Fremantle on the day. It was great to
see so many families with their kids
enjoy themselves.
All our members proudly wore their
free CFMEU safety shirts to
highlight the importance of safety as
part of our theme for May 2009.
PART OF A GREAT HISTORY.
May Day is the international
celebration of organised labour.
Bonds of trade unionism spread
world-wide with the demand for
May Day to be recognised as a
celebration of workers' rights.
May Day originated during
the 1880s as unions
around the world united in the
struggle to obtain an 8-hour work
day for all. Following a long and
sometimes violent struggle, 1 May
was officially recognised as a day of
demonstration in 1893.
Australia's May Day activities
officially began in 1890, although
some workers had achieved the
eight hour day as early as 1856. As
more and more workers won the
reduction in hours by solidarity and
industrial action, the day was
proclaimed as a holiday in all the
states and became known as
Labour Day.
In 1948 when the State Labor Party
decided to move the holiday to
March and then to abandon the
procession altogether, Fremantle
stepped in. The port's unions
decided to continue the traditional
event in May and were joined by a
number of WA unions. Since 1952 it
has been one of the city's most
colourful demonstrations of working
class solidarity.
The BLF on the March
in 1981 – Still going strong!
WILL MAY DAY BE IN
FREMANTLE IN 2010?
New Fremantle City Council
regulations coming into effect will
mean that there will be a NO alcohol
policy on the Fremantle foreshore
next year – this may mean that after
so many years a new destination will
need to found for the annual May
Day parade. We think it is a wowser
policy – given that members won’t
be able to enjoy a few beers and
glass of wine at a BBQ with their
friends and family. Stay tuned for
updates.
BACK TO PERTH – HAVE YOUR
SAY!
Some thoughts are that if it has to
move from Fremantle then Perth
could be the venue, with the picnic
at Wellington Square, or the Perth
Esplanade
If you have any thoughts please
email them through to us at
editor@cfmeuwa.com
Turn the page for your souvenir lift-out Poster from May Day 2009
▲
Construction Worker – Winter 2009 Page 31
CFMEU

MayDay’09

Construction Worker – Winter 2009 Page 33
CFMEU

TA K I N G A C T I O N
with Joe McDonald
Companies charged over Scaffy Deaths
More than 100 workers on the site
and passing pedestrians watched
in horror as the workers
desperately called for help and
then fell to their deaths.
THREE companies and a company
director have been charged following
an investigation into the deaths of
two Gold Coast workers who fell
from a swing stage scaffold on a
Broadbeach high rise last year.
Workplace Health and Safety
Queensland laid the charges after
concluding an investigation into the
deaths of Chris Gear, 36, and Steve
Sayer, 52, on June 21 last year.
The men were fatally injured when
the swing stage scaffold they were
using to carry out concrete
patchwork on the Pegasus high rise,
then under construction, failed and
fell 26 levels to the ground. More
than 100 workers on the site and
passing pedestrians watched in
horror as the workers desperately
called for help and then fell to their
deaths. The men slid to one side of
the stage when one side slumped
before the entire structure collapsed
and they fell. Between four and five
identical swinging stages were
working across the high rise at the
time. The charges allege various
breaches of the Workplace Health
and Safety Act. Allscaff Systems Pty
Ltd, which erected the swing stage,
was charged with failing to ensure
the plant was erected in a way that
ensured it was safe when used
properly.
Report unsafe worksites – your life depends on it:
Call the union office on 9221 1055 or call your Organiser.
Hanssen Pty Ltd cops
massive $40,000 fine
HELP sign hanging from a Hanssen Pty
Ltd site.
Hanssen Pty Ltd has been fined a
total of $40,000 for failing to ensure
that tilt-up construction workers had
completed approved courses after a
panel collapsed at a site in East Perth.
Hanssen Pty Ltd pleaded guilty to
two charges under the Occupational
Safety and Health Regulations and
was fined $20,000 on each charge in
the Perth Magistrates Court.
In July 2006, WorkSafe inspectors
attended a construction site in East
Perth in response to a report that a
tilt-up panel had collapsed at the
site.
In the process of issuing prohibition
notices to the site manager, the
inspectors discovered that two
workers had not completed an
approved tilt-up safety course for the
aspect of work in which they were
involved.
When the inspectors returned to the
site three days later, they found that
one of the workers had still not
completed an approved tilt-up safety
course but was still performing tiltup
work.
Meanwhile another construction
company was fined a total of
$60,000 over the collapse of a
seven-tonne tilt-up panel on a West
Leederville site in 2007.
JBT Corp Pty Ltd pleaded guilty to
three charges under the
Occupational Safety and Health
Regulations and was fined $20,000
on each charge in the Perth
Magistrates Court.
Construction Worker – Winter 2009 Page 35
CFMEU

T H E N O R T H W E S T R E P O R T
with Brad Upton
JOBS IN DEMAND IN THE NORWEST
I’d also like to let all CFMEU members know that
by this time next year in the Norwest there will be
about 35,000 jobs starting or already going.
There are several jobs starting at the end of this year
employing up to 6000 on-site at the Gorgon project which is
on Barrow Island and other jobs. For any more information on
the jobs in the Norwest contact our office or myself Brad
Upton on 0488 770 857.
Gorgon gas project – employing up to 6000 workers
Unfortunately we have lost another worker in the Pilbara with the death
of Wayne Moore at the Newman Hub. Wayne was working for John
Holland. Yet again, I believe the companies have got it wrong; they make
the workers go through retraining with safety and send the workers back
out in an unsafe environment.
I would also like to take this opportunity to thank the workers of
Bluewater for giving money to help Wayne’s family; they spent a lot of
time living in Collie. Our thanks also to the workers from Mono’s,
Thyssen Krupp, and John Holland’s for giving money to help Wayne’s
family. Deepest sympathy to all Wayne’s family from all the workers in
the Norwest.
As of 1 July we will be entering every site where there are existing or
eligible CFMEU members. For all the companies that have not allowed
us on-site to visit our members or to address safety issues ‘I will see you
soon’.
Tensions rise over lack of safety: Mass meeting
at the Hub after Wayne’s tragic death.
ATTEND OUR NORTH WEST
MONTHLY MEMBER’S
MEETINGS…
I’d like to remind everybody that
in the Norwest we have a monthly
meeting on the third Monday of
every month at the Karratha Rec
Club 6:30pm.
WE HAVE BUS PICK UP POINTS
• Clough Harbour Works – Gap
Ridge at 6.15pm
• CBI Buses from Bay Village at
6.15pm
The North West Monthly
Members meeting is an initiative
of your Union so our members
can have a direct say in their
future. It will allow us to better
inform members in the fight for
better pay and conditions and to
help protect jobs and ensure
better safety. Get the latest news
on your industry and what affects
you. Meet and exchange views
and ideas with other workmates.
Find out what’s happening on
other sites.
The meetings so far have been a
great success. I encourage all
members to come down and
have some input, bring along
any co-workers interested, if
they are not a member they can
join up on the night. All
welcome.
Construction Worker – Winter 2009 Page 37
CFMEU

T H E S O U T H W E S T R E P O R T
With Troy Smart
Work still strong in South West
Well done to all the workers at
Bluewater’s for staying strong
together over the Fly Ash dispute,
lasting over 5 days. Thanks to the
unions working together for a return
to work. Only then did it come to an
end within IHI agreeing to turn off
the Power station 1 (one) for the
workers to go and fix the leaks from
missing welds and more work
around the Hopper for the removal
of Fly Ash. For the first time in this
state the OHS Commission visited
an engineering job to see how bad
the Fly Ash was a problem, which
has now resulted in a hearing soon
over lost pay for shed time (Cabin
Fever). When will the bosses learn
the workers never back down over
health and safety issues and will
Fly Ash a health risk for workers
always demand a safe working
environment?
With the job starting to wind down
due for completion late this year,
Safe and Sound Scaffolding has
taken over all scaffolding on site
from subbies – and looking to pick
up more work in the South West.
Boddington is coming to a finish
very soon. Most of the subbies are
moving up to Pluto.
Worsley E&G side civil works are
going full steam ahead with the
budget of money going their way so
they can finish most of the work
before mechanical mobilises on
site, Thiess being the biggest
contractors in civil.
The Worsley AEE Power Station
side job progressing very well with
civil well under way and the
mechanical now on site, with AEE
employing now with about 250
needed. For info go to www.aeeaustralia.com.au
Jobs starting to commence soon
are:
1. Busselton Jetty. $66 million at
Marine and Civil. 60 workers.
9256 5900 starting now.
2. Desalination Plant at Binningup.
Subbies known soon. $1 Billion.
Starts August. 600 workers.
FUTURE JOBS:
1. Bluewater’s 3+4. $600 million.
700 workers
2. Worsley E+G Marradong mine
site. $500 million. 400 workers
3. Wellington Dam Upgrade. $100
million. 200 workers
4. Urea Plant Collie. $3.5 billion.
200 workers.
5. Worsley E+G Port workers.
For a worker to refuse to belong to a
union is not an exercise of
democratic freedom! It is to accept
benefits that others have worked for
without a contribution to the cost.
To join call Troy Smart on
0419 812 871. See our membership
benefits section on our website at
www.cfmeuwa.com
Busselton Jetty: Biggest Jetty in the southern hemisphere
Construction Worker – Winter 2009 Page 39
CFMEU

U N I O N N E W S
with Kevin Reynolds
It’s time for entitlement/wages protection
We are pushing for workers to have
all their entitlements and wages
guaranteed in the event employers
go broke. We want an insurance type
scheme to cover this as part of union
collective agreements. We are out to
stop employers dipping into their
workers' entitlements, using them as
a loan.
For far too long worker’s have been
shafted when their employer goes
bust.
It is gut-wrenching to see long time
loyal employees who have devoted
their life to a company then get
absolutely zip, through no fault of
their own.
This form of social insurance would
be right up there with the likes of
Medicare and Superannuation as a
major social achievement in
providing workers with greater
protection and security,
especially in situations where
we have an economic
downturn.
We also have a view that
corporations laws should be
amended to put employee
entitlements, such as holiday
pay and superannuation, ahead
of unsecured creditors. Workers
should come before banks in
terms of getting paid.
Countries such as Germany, Denmark
and South Korea have similar systems in
place where a substantial
percentage of workers' wages
are guaranteed to cushion the
effects of job losses.
It’s early days yet, but the CFMEU has been at the forefront of public
policy changes and advancements to workplace conditions over the years
and we see no reason why this type of system cannot be achieved. Stay
tuned!
If the boss goes broke
workers should get paid!
WA IRC tosses out electoral case.
A retuning officer’s alleged provision of an electoral roll to candidates
in a union branch election was NOT an irregularity as defined under
the WA Industrial Relations Act, the Western Australian Industrial
Relations Commission has ruled.
Dismissing an application for an inquiry into the roll’s use in the
postponed CFMEUWA C&G state branch election, acting
Commission President Mark Ritter has found he had no jurisdiction
to hear the matter. The alleged irregularity did not fall within the scope
of S69 of the WA IR Act, Mr. Ritter found. Even if the matter was
covered, the allegations would almost certainly have been found
‘moot’ because a new election had been called, he found. The State
Election of the CFMEUWA C&G has since been held with the ballot
ending on June 19th.
Construction Worker – Winter 2009 Page 41
CFMEU

W O R K E R S R I G H T S
with Jack Nicholas
FAIR WORK ACT 2009
What Does It Mean For You?
The Rudd Government’s Fair Work Act 2009 (FWA) comes into operation on 1 July 2009 and
replaces the Workplace Relations Act 1996 (WRA). Here’s a summary of what the transition
to the FWA means for CFMEU members.
If you’re covered by an agreement under the “old” WRA (eg Union Collective
Agreement, Employee Collective Agreement, AWA, ITEA)...
All agreements that were made under the WRA (old agreements) will continue to apply and
operate as they have done up to now. Your employer must continue to provide all the pay
and conditions it has promised to under the old agreement. Old agreements will continue
to apply past their expiry dates until terminated or replaced by a new agreement.
If you’re covered by a federal or state award and employed by a corporation...
A new modernised award (e.g. the Building and Construction General On-site
Award 2010, Joinery and Building Trades Award 2010, Mobile Crane Hiring
Award 2010, Manufacturing and Associated Industries and Occupations Award
2010) will replace it on 1 January 2010. You can view the modernised awards at
http://www.airc.gov.au/awardmod/fullbench/awards.htm.
What about minimum conditions of employment?
The FWA includes an expanded set of minimum conditions, the National Employment
Standards (NES) that will apply to all employees of corporations from 1 January 2010.
The NES provides basic standards covering maximum working hours, requests for
flexible working arrangements, parental leave, annual leave, personal/carers and compassionate leave, community
service leave, long service leave, public holidays and notice of termination. The NES will apply even if an old or new
agreement or an old award provides for something less.
If you’re dismissed...
New unfair dismissal laws will apply that remove many of the old restrictions that stopped many members getting access
to the system (see related article in this issue).
If you want your CFMEU organiser to visit your workplace...
Your organiser will still have to comply with similar procedures as they did under the WRA. The major change is that the
old rules that stopped organisers getting on site because the employer had refused to negotiate an agreement with the
CFMEU will go. Your organiser will now be entitled to exercise a right of entry whenever there are employees who are
eligible to be members of the CFMEU.
What about the ABCC?
The FWA has not made any changes to the operation of the ABCC. Despite the recent Wilcox report failing to identify any
evidence of the need for this anti-union agency, the Rudd Government has said it will retain the ABCC until 31 January
2010 and then replace it with a specialist division of Fair Work Australia’s Inspectorate. The CFMEU will continue to fight
for the removal of laws that unfairly targets building and construction workers.
Note: You can access fact sheets on the operation of the FWA at:
http://www.deewr.gov.au/WorkplaceRelations/NewWorkplaceRelations/Pages/FactSheets.aspx
Construction Worker – Winter 2009 Page 43
CFMEU

G E N E R A L N E W S
Complaints from workers rise
Unions needed more than ever in troubled times
As the downturn hits and companies cut costs, more WA workers are being exploited,
with complaints to the workplace watchdog soaring 26 per cent.
Western Australia had the biggest increase in complaints in the first three months
of this year, with complaints rising to 555 from 440 in the December quarter last
year, according to figures from the Workplace Ombudsman.
The jump in complaints from WA workers was much higher than the 15 per cent
average national rise in the last quarter to 6094 complaints from 5292 in the
December quarter.
The jump indicated that the impending recession was driving
companies to unlawfully cut employees’ wages and conditions.
A Workplace Ombudsman spokesman said the number of
complaints had been rising for a number of years.
If you’re being exploited or nor getting your entitlements contact
the union office on 9221 1055 or call your CFMEU Organiser.
Royal Commissions:
A BIG WASTE
OF MONEY?
The high cost of Royal Commissions...versus
cheaper, less formal alternatives...will be a major
focus of a federal review into the inquiries.
Attorney-General ROBERT McCLELLAND announced a
review of the 107-year-old Royal Commissions Act...
which has witnessed little change since its inception
during the first Australian parliament.
The Australian Law Reform Commission has now issued
a list of 49 questions to be canvassed in the nationwide
inquiry... due to report back to Government in October.
A major focus will be the high cost of Royal Commissions
.. and whether taxpayers are getting value for money.
In today's dollars the 2003 Royal Commission into the
Building and Construction Industry cost taxpayers about
$70 million...the HIH Royal Commission $47 million...and
the Royal Commission into Aboriginal Deaths in Custody
more than $50 million.
NOTE: The Cole Commission led to the establishment of
the ABCC which has an annual budget of at least
30 million dollars – a huge on-going waste of taxpayer’s
money!
Construction Worker – Winter 2009 Page 45
CFMEU

U N I O N B E N E F I T S
YOUR REDUNDANCY PAYMENTS:
HELPING YOU AND OTHERS
Steve Parsons is a concreter for
Crown Construction, working at the
Mandurah Peninsula Hotel site in
2007-08. He was getting to work
alright, but his workmates noticed
he wasn’t his normal self, but
seemed depressed.
For almost 2 years Steve had not
gone out much, was sleeping
poorly, had no appetite and was
feeling unmotivated, empty, lonely
and worthless. He felt a strong
responsibility to his daughter and
knew he had to do something
before it got worse.
Steve spoke about his worries to the
union steward on site, Cam
McCullough, who suggested it might
do some good to have a word with
the Converge Counsellor Sergio Del
Borrello. He called and we made an
appointment to meet on-site.
Steve’s boss, Vince from Crown,
gave the ok. He understood the
value in Steve getting help during
work time.
In a nutshell, Steve had gone
through 3 big losses in a row. Firstly,
the death of his ex wife, who had left
him with the sole care of his
daughter Hayley (12).
Secondly his very close companion
and life long neighbour Sid died.
The final straw was when he had to
make the difficult decision to put
down his best friend and dog, Prue,
following an illness.
Steve and I discussed many things
in counselling, including what he
“Keeping
it a secret
is wrong”
Steve Parsons left with
Counsellor Sergio Del
Borrello
had lost in his life as well as the
positive memories. After this we
worked out what Steve needed to
do to get back on track.
Steve’s goals were to
1. Socialise and go out more
2. Be happy with himself
3. Finish his house and garden
4. Find a relationship partner
After 3 weeks Steve began to look
forward to work again and his
workmates started to tell him that
they had noticed a change in him.
He was beginning to laugh and
whistle again and was “starting to
see the light at the end of the
tunnel”.
Now he has a new woman in his life,
a new dog, Barney, and his
depression has gone.
Steve’s advice: “Keeping it a secret
is wrong. As soon as I opened my
mouth I knew I was doing the right
thing. My life has turned around and
life is perfect. If telling my story can
help someone else then I am doing
the right thing”.
Worried about yourself?
A workmate?
Your family?
Call the counsellors Sergio
(CBD) and Godfrey (Outer
suburbs) at Converge
International on 1800 337 068.
All discussions are confidential
and free to WACIRF and
CFMEU members and their
families.
Construction Worker – Winter 2009 Page 47
CFMEU

G E N E R A L N E W S
Joe’s loss is a win for the workers
CFMEU WA assistant secretary Joe
McDonald, who is proud to put
workers safety ahead of himself, was
fined $1500 and ordered to pay $3000
in costs after an appeal decision
found that he broke the law by staying
and talking to building site workers
after he was asked to leave. Joe
initially won the case but the case was
appealed. Joondalup Magistrate Joe
Randazzo said the assistant secretary
of the Construction, Forestry, Mining
and Energy Union "deliberately
ignored" Doric site manager James
Kemps request by moving further
inside and speaking to workers for
several minutes. His remarks follow an
Appeal Court judgment last February
in which Chief Justice Wayne Martin
overturned the same magistrates
ruling in 2007 that McDonald had a
lawful excuse to be on the site and
sent it back to Mr Randazzo for
sentencing. McDonald, who did not
have a right-of-entry permit at the
time, committed trespass when he
failed to leave the site immediately
after being told to leave, exposing him
to a maximum penalty of 12 months
jail or a $12,000 fine.
McDonald said at trial he entered the
site after being unable to contact a
contractor over a pay issue. Outside
court Joe vowed to keep pushing for
workers safety. "If our pursuit on
health and safety on building sites
makes me a criminal, so be it," he
said. "These laws that keep union
officials from going on and doing
something about it will eventually
change and until then we will operate
the way we have to operate and that’s
to keep working-class people alive."
Well said Joe. The Crown sought
costs and was denied!
Construction workers 'rorted' in NT
Rorting of construction workers on
Northern Territory work sites is rife,
the Construction Forestry Mining
and Energy Union says.
The union says almost all Darwin
construction companies are
employing people as
subcontractors instead of direct
employees to avoid paying leave
entitlements and superannuation.
The union's Dave Noonan says the Federal Workplace
Ombudsman has committed to investigate the issue.
“Those employers that are flouting the law had better
have a pretty good look at whether what they're doing is
illegal.”
“Because if they do what they say, there'll be some
employers facing significant back payments and
prosecution I would think.”
The Construction Association's Graeme Kemp says he
has not heard of this issue before.
Any company involved in rorting workers should be
punished, he says.
“We have very good relations with the unions generally
and I certainly have not had any contact from the CFMEU
about this issue,” he said.
“I've spoken to a couple of major construction
companies this morning and they're amazed at the
allegations that were made.”
Construction Worker – Winter 2009 Page 49
CFMEU

W H E R E A R E T H E Y N O W ?
with Angelo Forte
In a class of their own… but where?
This photo was taken back in the black and white days, it shows a very interested group
attending some sort of seminar … do you know who and where? We do know there was a
talk being given by former MP Tony McCrea and by the looks on everyone’s faces it was
about as interesting as watching Grandad cut his toenails. Perhaps you are in the photo?
Let us know by sending any details to the Editor. You can email editor@cfmeuwa.com
UPDATE FROM OUR LAST ISSUE:
STUNNED MULLETS!
Last issue we published a photo of a group of blokes back
in days when mullets and stonewash denim was all the rage.
We are told those in the photo are: from left to right:
Gordon McCarthy, Bill Allen, Philip Leonard, Wayne Lucas,
Terry Daniels, Alex Stojalcovic and Steve Haese.
…AND WHO’S THE BABY?
We asked the question last issue if anyone knew who the
baby was.
It’s Blake Lucas!
Construction Worker – Winter 2009 Page 51
CFMEU

A P P R E N T I C E P R O F I L E
With Angelo Forte
We spoke to Ciaran Rogers an apprentice plumber on site and asked
him to fill in a survey about his life, job, industry and the union.
Name:
Ciaran Rogers
Age:
19
Occupation:
Apprentice plumber
Union member since:
May 2008
Why did you join the
construction industry?
Good benefits
What do you like about the
construction industry?
Working outside
Favourite car?
VL Commodore
Music?
Snoop Dog
Movie?
Heavyweights
Food?
Nachos
What would you like to achieve in the
next 10 years?
Become fully qualified
What was your reason for joining the
Union?
Benefits are good
What appeals to you most about the
union?
Strength and Support, Kevin Reynolds.
What union benefits do you like most?
Free Travel Insurance – saves money!
What worries you most about your
working future?
Possibly being out of a job in the future
West Gate Bridge dispute ends
A 12-week industrial dispute involving workers on the
West Gate Bridge strengthening project ended on May
16. Workers accepted an agreement between the
Construction Forestry Mining Energy Union (CFMEU), the
Australian Manufacturing Workers Union (AMWU) and
construction company John Holland.
Thirty-nine workers were sacked in March after John
Holland refused to honour a collective agreement
between the unions and subcontracting firm Civil
Pacific Services.
Protests by the sacked workers, with community
support, led to a significant delay in the project. It was a bitter struggle but
The settlement includes a standard agreement for one that had to be won.
the mixed metal industry and the reinstatement of
23 sacked workers. The reinstatement of a further nine workers is under review. John Holland also agreed to drop legal
action for damages against the unions, individual workers and protesters.
Construction Worker – Winter 2009 Page 53
CFMEU

M E M B E R ’ S M E E T I N G S
with Graham Pallot
CFMEU leads way with member’s meetings
The CFMEU is one of the few unions
that regularly hold member’s
meetings.
State Secretary Kevin Reynolds
says: “We are proud of the fact that
our union is transparent and
accountable to its membership.
There are not many unions around
these days that hold a monthly
members meeting where members
can meet and have a direct say in
the running of their union. It is also
an ideal environment for members
to talk and get an up to date view of
what’s going in their industry.”
Brian Hughes (left)
and Mick Buchan
(below)
Union member Brian Hughes
agrees. “I attend the members
meeting every month. It’s a buzz to
catch up with fellow workers to
compare notes and to hear directly
from the Union leadership about
what is happening out there and
how it affects me as a worker. A
chance to crack a few jokes with
mates, have a cold beer and some
tucker afterwards goes down well
too!”
Long time CFMEU organiser Mick
Buchan says that the workers who
attend the monthly meetings have
an inside running into how things
impact on their industry, their jobs
and future. “The media in this town
doesn’t fairly reflect the work that
this union does; the members get to
hear directly from the Secretary
about things they wouldn’t normally
get to hear about. They appreciate it
and they enjoy the chance to have
their say and to bring up any
issues.” Buchan says.
WHAT USUALLY HAPPENS?
The member’s meetings are held at
the Construction Skills Training
Centre, starting at 5 o’clock and
finishing up at about 6.30 –
members can knock off from work
and head straight there, arriving
from 4pm. There’s a cold beer
available at ‘mates rates’ and plenty
to chat about prior to and after each
meeting.
CFMEU State Secretary, Kevin
Reynolds delivers his monthly report
to members and members have a
chance to raise questions in respect
to the monthly report.
There’s a general business section
where members can put forward
any motions and raise other issues
that may be affecting them or of
concern to other workers.
CFMEU Organisers are also on hand
to help members with any issues.
At the end of the meeting workers
mingle and discuss all types of
issues from site safety, rates of pay,
dodgy employer practices, who’s
hiring and who’s not, new projects
coming on-line etc.
And after a hard days work, there’s
food on offer as well as
refreshments available.
All members are asked to meet monthly on these dates
The monthly members meeting are for current card carrying members
only... new members are welcome to join and be paid up and proud prior
to the commencement of any meeting.
At the Construction Skills Training Centre, 107-109 Radium Street,
Welshpool (Off Welshpool Road). Plenty of convenient parking.
• July 8th • October 14th.
• August 12th • November 11th .
• September 9th. • December 9th (Members end-of-year wind-up)
Construction Worker – Winter 2009 Page 55
CFMEU

O F F T H E S I T E
with Kelly Hawkins
WANT TO JOIN? INDUSTRIES COVERED
Over I.5 million hits
on our website
www.cfmeuwa.com
It’s just 12 months since we
launched our new website, and in
that time we have had over 1.5
million hits! So if you haven’t had
a look yet, join the thousands
who do so every week.
This issue, we are looking at our
section on the website called
‘Industries Covered.’ We get
enquiries from many workers who
are not sure whether or not they can
join our great union. Below is a list of
Industries and job classifications
eligible to join.
One Union has the clout and
strength to take on employers and
defend member’s rights. From
riggers to labourers, scaffy’s,
carpenters, crane drivers and most
other building related trades, the
CFMEU has a professional and
experienced in-house legal
department to defend you. PLUS,
financial members can access our in
house wages and entitlements
recovery service to get back lost
wages and entitlements due to
dodgy employer practices.
In the last 12 months we have got
back over one million dollars into
the pockets of members who lost
their unpaid wages and
entitlements. As a member of the
CFMEU, you get more than just a
ticket, you get the strength, benefits
and support of WA’s preferred
Number One union for trades like
these……
Complete coverage for…
• crane operator
• carpenter
• roof tiler
• wall and ceiling fixer
• plasterer
• ceramic tiler
• stonemason
• bricklayer/paver
• labourer
• painter
• window fixer
• glazier
• sign writer
• winch operator
• boiler attendant
• earthmoving plant operator
• rigger
• scaffolder
• dogman
• concrete pump operator/hose
handler
• forklift operator
• hoist operator
…and more.
NOT SURE?
Ask a CFMEU Union Organiser
(Organiser phone numbers are in the
Union Directory at the front of this
Journal).
Check out www.cfmeuwa.com
now it’s one of the best sites you’ll
ever be on.
Check out our CFMEU WA
channel on you tube
Yes! We have our own channel on ‘You Tube’.
Just Google up the ‘You Tube’ home page and type in CFMEUNION in
the search panel. You’ll see various clips of CFMEU activities in WA.
Construction Worker – Winter 2009 Page 57
CFMEU

U N I O N B E N E F I T S
with Rod Reynolds
Understanding the fine print of Income Protection
One of the most popular and important benefits the
Union has been successful in obtaining for our
members is the inclusion of 24 hour Sickness and
Accident Cover into company and subcontractor
EBA’s.
This requires the employer to take out an Income
Protection policy that covers its employees for accidents
and illnesses that may occur outside of work hours, e.g. if
you fall down stairs at home and break your leg or if you
fall ill with some sort of illness and are unable to work then
the policy will cover your wages for the period you are off
work. It does not include cover for medical expenses.
At the moment this cover is only available to members
who work for a company that has Income Protection as
part of their EBA. The Union itself can’t cover all members
as the cost would be too prohibitive.
If you are able to access this benefit by way of being
covered by your employers EBA then there are a number
of things you need to understand about the policies.
First of all, the policies will contain an exclusion period.
What this means is that the policy will not pay you for the
exclusion period at the start of the insurance period of the
accepted claim. This period starts from the date of your first
medical certificate or statement from your Doctor or GP.
The standard exclusion period under our policies is one
week for most claims unless they are sporting related in
which case the exclusion period is 28 days (or 4 weeks).
Some project specific agreements in the Northwest or
Southwest may contain exclusion periods of 14 days.
For this reason it is very important that you get a Medical
Certificate straight away so that you can begin receiving
payments as quickly as possible.
Generally during the exclusion period you can use
accrued Sick Leave, Annual Leave or other accrued
entitlements such as RDO’s to get you through until the
insurance begins paying.
As with all insurance policies, this policy will not cover you
for “pre-existing” or “de-generative” conditions. This is a
very important point and one members need to be aware
of. If you have previously received treatment or advice for
a condition prior to being covered by the policy (which
basically means prior to being employed with your current
employer) and then put in a claim under the policy then
you may not be covered as the condition being claimed
may be classed as a “pre-existing” condition. Also, if you
have a condition that relates to wear and tear over a
period of months or years such as a joint condition or
osteoarthritis or other similar type condition then the
insurance company may knock your claim back on
the grounds that it relates to a “de-generative”
condition.
continued overleaf
Construction Worker – Winter 2009 Page 59
CFMEU

continued from previous page
The standard wording under the Union recommended
policy as provided by Jardine Lloyd Thompson states –
"PRE-EXISTING CONDITION" means any medical
condition, side-effect or symptoms of a condition
which the Insured Person was aware of and for which
the Insured Person has received medical attention,
sought or received treatment, undergone tests or
taken prescribed medication for in the six (6) month
prior to that Insured Person's Effective Date of
Individual Cover under this Insurance. Pre-existing
conditions also include any chronic, congenital or
degenerative conditions diagnosed and known to the
Insured Person at the Effective Date of Individual
Cover under this Insurance, whether currently being
treated or not.
In the case of medical conditions contributed to or
aggravated by such pre-existing conditions the Weekly
Benefit amount and/or the period of disablement will
be decreased by the same proportion which in the
view of an independent qualified medical practitioner
the pre-existing condition contributed to or
aggravated the new condition.
It is important that members understand this as the
Union regularly deals with members who have wrongly
assumed they were entitled to Income Protection “no
matter what”.
Unfortunately that isn’t always the case. The contents of
insurance policies is not something the Union can
control, we can only try to have our members covered as
much as possible.
Having said that it is important that if your claim is
knocked back that you contact me at the Union. Denial
of your claim doesn’t necessarily mean the end of the
story as you do have the right of appeal if you believe
you have been unfairly treated.
Please also be advised that this article does not
constitute financial or legal advice. The Union is simply
alerting you to matters that may affect the outcome of
any claim you make for Income Protection. For proper
advice you should always seek to speak to your
Financial Advisor, Accountant or other such authorized
person. You can contact ASIC on 1300 300 630 for
details of qualified people or companies who can offer
you advice.
A CHEAP FINE FOR ANOTHER DEATH!
MELBOURNE: A CRANE company has been fined $70,000 after a worker was
killed by a falling concrete panel in Melbourne three years ago. Christos Binos,
58, was killed at a worksite at Pakenham, in Melbourne's outer southeast, on
March 8, 2006, when a concrete panel which was being lifted into place fell on
him. Judge Philip Coish said the company, Huntingdale Mobile Cranes, had
breached health and safety laws by failing to check pins were placed in the
concrete panel and securing it before it was lifted into place.
Joe McDonald says: “If bosses were jailed instead of fined, safety would improve
overnight. Another reason why unions need greater access to sites.
TINTO FINED 200,000 RIO’S!
DARWIN: May - A mining giant has been fined almost $200,000 after a worker
slipped and fell into a pool of highly corrosive liquid at a refinery in the Northern
Territory. It is the fifth time since 2006 that the Alcan Gove Refinery in northeast
Arnhem Land has been involved in a serious workplace accident, two of which
were fatal.
Fred Rowe suffered burns to almost 25 per cent of his body last March when
he slipped and fell after a safety walkway was removed for maintenance.
Last week, Rio Tinto Alcan pleaded guilty to breaching the Mining
Management Act.
Rigger
charged with
manslaughter
A Rigger, William Rapetti has been
indicted on charges including
manslaughter and criminally
negligent homicide causing the
death of 7 people in last years
massive tower crane collapse in
New York City.
Manhattan D.A. Robert Morgenthau
argues the accident was caused by
the rigger’s incorrect use of slings to
hold a collar used to climb the
crane. The base on the crane was
also not bolted down.
COULD IT HAPPEN HERE?
Let’s be careful out there!
Construction Worker – Winter 2009 Page 61
CFMEU

I N T E R N AT I O N A L N E W S
with Vinnie Molina
POSTCARD FROM COLOMBIA: A VISIT TO A POLITICAL PRISONER
Happier times: Liliany Obando with Vinnie
Molina during her visit to Perth in 2007
As part of my travels I made a visit
to Colombian ‘Buen Pastor Prison
for Women’ to see trade union
activist and now Political Prisoner
Liliany Obando with a message of
solidarity on behalf of the union.
Liliany is known to many of us
after her tour to Australia in 2007
as a representative of Fensuagro
(Agricultural Sector Union
Federation) to raise awareness of
the struggles of agricultural
workers and the dangers to the
unions representing them.
The day before a prison visit the
visitor must register in person. This
involves standing in line for a good
part of a day. As I queued I saw
relatives and friends trying to deliver
clothing or even mattresses to the
prison. I wondered what their
mothers, wives, friends or
daughters have been sleeping on.
The answer for political prisoners is
most likely the floor in a 2.5m by 2m
cell shared with at least two or three
other women.
87 political prisoners are held in the
“..her five year old
daughter has lost
her ability to cry.”
worst section of prison in an area
called “Patio Six”. Their only crime
was organising for basic rights at
work, work safety, health and
education. Liliany Obando is one of
these union women who are
dedicated to the struggle for Human
and Workers Rights.
Liliany has been held at Buen Pastor
since being detained on the 8th
August 2008. Twenty soldiers
stormed the home she shared with
her two children, aged five and
fourteen. Since then her five year
old daughter has lost her ability to
cry. Repeatedly her constitutional
rights to home detention for heads
of family have been denied. Her
elderly mother has had to take over
the care of the two children who
have been through a terrifying
situation – seeing their mother taken
in such a violent manner, in
complete ignorance of the trauma to
two innocent children.
Visiting the prison is not easy. The
queue of visitors starts to form
around 2am. When I arrived at 7am
I was the 200th person in line. It
makes a difference as the gates
open at 8am and entry is stopped at
12noon. The risk of being there late
is not making it through the gate by
12noon and missing out on a visit
which means waiting another week.
Once inside there are multiple
checkpoints to go through which
takes a couple of hours and visits
end at 3:00pm.
After passing examination by dogs
and interrogations by guards I finally
arrived at Patio Six or as the women
refer to it the “Bermuda triangle”. It
looks like rows of pigeon holes off
balconies. I am amazed at the
stories I hear regarding sentences
for young women of up to 38 years,
stories of children being born there
and then having to be separated
once they are two.
The conditions are hard, each
political prisoner gets a ration of
soap, shampoo and even toilet
paper for a month, there are no
areas for exercise and the lighting
and ventilation are poor.
In comparison para-military
prisoners or prisoners of crimes
have conditions which more closely
resemble prisons in Australia.
Currently there are over 7,000
political prisoners in Colombia and
the attacks and arrests on trade
unionists continue. Liliany Obando
thanks CFMEU members for their
solidarity and sends her greetings.
Please help to free Liliany Obando
and other political prisoners.
Please visit www.freeliliany.net or
write to freeliliany@gmail.com
Construction Worker – Winter 2009 Page 63
CFMEU

P E T E ’ S PA G E
with Peta Arnold
Kevin Reynolds hands a cheque on behalf
of CFMEU members to a grateful Steve
Joske WA Executive Director of the Red
Cross.
FINAL BUSHFIRE APPEAL TALLY
In a letter to our State Secretary, Kevin Reynolds from Robert Tickner, Chief
Executive Officer of the Australian Red Cross, he said; “On behalf of the
Australian Red Cross and those affected by the recent devastating Victorian
bushfires, thank you sincerely for your generous donation in the support of the
2009 Victorian Bushfire Appeal Fund.
Our members in WA raised a record amount and should all be extremely proud.
The final tally breakdown was:
CFMEU Union donation: $50,000
Monies collected from the city area: $161,272.45
Country area donations that were sent directly: $232,500
Monies matched by employers: $187,000
Grand Total: $630,772.45
THANKS FOR
GABRIEL BARRY
Our member Gabriel Barry,
a proud Irishman sadly
passed away with a dying
wish to have his ashes
returned to his beloved
Ireland. Gabriel’s’ wife Myra and the
Barry family would like to thank all
those who contributed via a raffle to
raise funds to allow her to take
Gabriel’s ashes back home. A TV was
kindly donated by G&N Conform and
the crew form Tony’ Kelly’s Salta site
on Adelaide terrace, the C-BUS site in
William Street and the AT crew at Rise
Apartment all bought tickets.
Well done guys!
SPOOKY MESSAGE
IN BHP POSTER!
Is it a sign! During the spate of
accidents and deaths on BHP sites
our Organiser Matt Waters took
this ironic picture in the city. Look
closely and reflected out of the
poster on the back of a bus, which
is a warm and fuzzy corporate Ad
for BHP, you will see an
Ambulance! Spooky!
DON’T FORGET TO CHECK
OUT CFMEU WORK GEAR
We have a stack of CFMEU work
wear in stock.
Feel free to
come into the
office and check out
the great range.
TRIVIA ANSWERS FROM OUR
LAST ISSUE...Tonto’s horse was
called Scout. The Teenage Mutant
Ninja Turtles are: Leonardo,
Raphael, Michelangelo & Donatello.
SO, YOU WANT TO JOIN A POLITICAL PARTY?
I was talking to a friend of mine's little girl, and she said she wanted to be Prime
Minister some day. Both of her parents, who vote Labor, were standing there, so
I asked her if you were Prime Minister what would be the first thing you'd do?
She replied, I'd give food and houses to all the homeless people.
Wow – what a worthy goal I told her, but you don't have to wait until you're Prime
Minister to do that. You can come over to my house and mow the lawn, pull up
the weeds, sweep my patio, and I'll pay you
$50. Then I'll take you over to a place where a
homeless chap hangs out, and you can give
him the $50 to use toward food or a new
house.
She thought that over for a few seconds,
'cause she's only six. And while her Mum
glared at me, she looked me straight in the
eye and asked, why doesn't the homeless
man come over and do the work, and you
can just pay him the $50?
And I replied, welcome to the Liberal Party!
THANKS
FOR MAY DAY
Thanks to everyone who
helped and came along to
May Day this year.
It was great to see so
many old friends and new
faces in the crowd.
Page 64 Construction Worker – Winter 2009