Spring Issue 2011 - cfmeu
Spring Issue 2011 - cfmeu
Spring Issue 2011 - cfmeu
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
OUR<br />
FREEDOM IS<br />
BLACK<br />
BANNED<br />
FEDERAL<br />
GOVERNMENT<br />
FIFO<br />
INQUIRY<br />
APPRENTICESHIP<br />
SCHEME<br />
DISGRACE<br />
ABBOTT:<br />
MASTER<br />
OF<br />
FEAR<br />
457’S:<br />
FAIR GO<br />
FOR AUSSIE<br />
WORKERS!
C F M E U D I R E C T O R Y<br />
President<br />
Secretary<br />
Assistant Secretaries<br />
UNION OFFICERS<br />
Cam McCullough<br />
Kevin Reynolds<br />
Joe McDonald, Graham Pallot<br />
C O N T E N T S<br />
Secretary’s Address 2<br />
Editorial Comment 5<br />
Steve McCann OH&S Officer 0488 102 297<br />
Rod Reynolds<br />
Wage Claims<br />
Jack Nicholas<br />
Industrial Advocate<br />
Kevin Sneddon Industrial Advocate<br />
Shannon Walker Industrial Advocate<br />
Jill Hawkins<br />
IR/Legal Assistant<br />
Kelly Karolak<br />
IR/Legal Assistant<br />
Peta Arnold<br />
Office Manager<br />
Linda Pallot<br />
Accounts Officer<br />
Rob Mitchell<br />
Media & Communications<br />
0417 912 384<br />
Tammy Hall<br />
Reception<br />
Michelle Kavanagh Membership Officer<br />
ORGANISERS<br />
Mick Buchan 0419 812 861<br />
Graham Pallot 0419 812 865<br />
Brad Upton<br />
0488 770 857 (North West)<br />
Phil Kennedy<br />
0427 244 141 (North West)<br />
Troy Smart<br />
0419 812 871 (South West)<br />
Matt Waters 0419 812 875<br />
Mark Hudston 0419 812 864<br />
Vinnie Molina 0419 812 872<br />
Aaron Mackrell 0403 432 221<br />
Peter Joshua 0433 410 596<br />
Pat Heathcote 0459 135 033<br />
Seamus Byrne 0419 812 866<br />
Kevin Hau 0427 244 147<br />
Matt Balde 0405 081 874<br />
The Union Office is located at<br />
82 Royal Street East Perth WA 6004<br />
Open 7:00am – 5:00pm Monday to Friday<br />
PO Box 6681 East Perth WA 6892<br />
Telephone: (08) 9221 1055<br />
Facsimile: (08) 9221 1506<br />
E-Mail: <strong>cfmeu</strong>wa@<strong>cfmeu</strong>wa.com<br />
Website: www.<strong>cfmeu</strong>wa.com<br />
All rights reserved: The Construction Worker Journal is complied & published<br />
by the CFMEU publications department. All copyright belongs to the CFMEU.<br />
No part of the publication may be reproduced or copied in any means without<br />
the written permission of the publisher.<br />
Disclaimer: The information contained within this publication is for general<br />
construction workers only. While every care is taken to ensure accuracy of<br />
information, we accept no responsibility for any action taken as a<br />
consequence of the information contained in this publication.<br />
ISS 1833 0282<br />
Barnett government helps to create the skills shortage 6<br />
Make Perth the new H.Q. capital of Australia! 9<br />
1.5 million reasons why workers join the CFMEU 11<br />
REITH and Workchoices rear their ugly head! 13<br />
It’s time for the ABCC to go once and for all 15<br />
457 Update 17<br />
FIFO Inquiry 19<br />
North West Report 20<br />
Illegal Worker Update 23<br />
Member Legal Services 25<br />
Safety Watch 26<br />
Mould outbreak at Perth Arena 29<br />
Mates in Construction launches in WA 30<br />
Enquiry needed into Worksafe WA 33<br />
Member Financial Services 35<br />
John Holland case fails against CFMEU 37<br />
Safety Watch 39<br />
Safety Harmonisation 39<br />
Off Cuts 41<br />
Workmates rally around fire victim 43<br />
Travel insurance saves member $6000! 43<br />
City Round Up 45<br />
South Metropolitan Report 47<br />
Off Site Areas 49<br />
Northern Suburbs Round Up 49<br />
South West Report 51<br />
Mid West Report 53<br />
Goldfields Report 55<br />
Vale: Peter De Ruyter and Steve Alderson 57<br />
Union News 59<br />
Pete’s Page 60<br />
HAVE YOUR SAY IN THE JOURNAL<br />
Email : editor@<strong>cfmeu</strong>wa.com<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 1<br />
CFMEU
S E C R E TA R Y ’ S A D D R E S S<br />
With Kevin Reynolds<br />
BLACK<br />
How many times do we all find ourselves<br />
thinking we are fortunate that we don’t<br />
live in other countries where persecution<br />
and injustice reigns supreme?<br />
Every night Australian families go to<br />
bed thinking they live in a fair and just<br />
society which practices freedom of<br />
speech and the democratic human<br />
rights that go with it.<br />
We feel comfortable in the belief that<br />
if there are insidious wrongs and<br />
injustices being committed in our<br />
society that a voice will bring them<br />
to light.<br />
How wrong most Australians are.<br />
The Australian Building and<br />
Construction Commission (ABCC)<br />
recently flew in a top Queens<br />
Council (Q.C.) and legal assistants<br />
from interstate at enormous<br />
taxpayer’s expense to obtain a<br />
federal court order placing a ‘media<br />
black ban’ on the CFMEU WA.<br />
The CFMEU was black banned from<br />
commenting and reporting on a<br />
certain issue to the media. It was a<br />
legal assassination, killing our right<br />
to do our job and express our<br />
concerns freely. It’s oppressive at<br />
best and undemocratic at worst.<br />
Even in this article we cannot allude<br />
to what type of issues the ban<br />
relates too, in case a correlation can<br />
be drawn which could lead to<br />
identifying the source of the ban. We<br />
would then be in contravention of<br />
the ban resulting in massive fines<br />
and even a jail sentence.<br />
If we approached the media and<br />
they published or aired our concern<br />
with the issues under enforcement<br />
by the ban, they too would face<br />
similar punishment.<br />
At the peak of this issue, a well<br />
known national union official on a<br />
rare visit to Perth was ready to take<br />
up the issue. Normally the media<br />
would be queuing up for a comment<br />
but this official was bumped off one<br />
radio program after being booked to<br />
appear, and could not get on<br />
another. Press and television were<br />
conspicuous by their absence.<br />
Was it a mere coincidence? Or had<br />
Page 2 Construction Worker – <strong>Spring</strong> <strong>2011</strong>
BANNED!<br />
the media been advised to leave<br />
well enough alone and not risk<br />
falling foul of the punishments<br />
associated with the ban?<br />
The issue at hand was nothing out<br />
of the ordinary. It revolved around<br />
what unions like ours do everyday.<br />
This, in essence makes the ban<br />
even more disturbing.<br />
Freedom of speech – to inform the<br />
media allowing them to report on<br />
issues of concern to Australia’s<br />
workforce, our members and the<br />
community at large – should be<br />
upheld as a democratic right.<br />
The ABCC has coercive powers akin<br />
to ASIO. No Australian citizen has<br />
any ‘right to silence’ if interrogated<br />
by their goons.<br />
It is our view that the media should<br />
be just as worried as we are about<br />
media black bans. In my near 40<br />
years as a union official I see this<br />
situation as a dangerous ‘thin end of<br />
the wedge’.<br />
It is high time the investigative<br />
media in this country got out the<br />
blow torch and scrutinized the<br />
stealthy, coercive powers of the<br />
Australian Building and<br />
Construction Commission and the<br />
draconian ways they enforce them.<br />
Not only in relation to enforcing<br />
media black bans but the damage<br />
and fear they have caused to<br />
people’s lives, especially in their<br />
maniacal targeting of Australia’s<br />
construction workforce.<br />
Surely, their deeds are worth 45<br />
minutes on 4 Corners?<br />
In the case of both Noel Washington<br />
and Ark Tribe they all but destroyed<br />
them and their families. To no avail,<br />
after the charges against them and<br />
months of dragging them through<br />
the courts came to nothing! It was<br />
McCarthyism at its worst.<br />
Taking a cynical view, the Greens in<br />
the federal parliament are soon to<br />
put forward a motion to disband the<br />
ABCC. Is this media black ban<br />
action and others taken recently by<br />
the ABCC, a way of justifying their<br />
existence in an attempt to give them<br />
greater validity?<br />
Most Australian’s are surprised to<br />
learn there is no freedom of speech<br />
provision in the Australian<br />
Constitution – but it is accepted as a<br />
fundamental right in our Australian<br />
democracy.<br />
Free speech is something that<br />
should not be regulated.<br />
We are of the opinion that the real<br />
story here is not only the black ban<br />
itself but the motivations behind it<br />
and where it can lead to, in further<br />
eroding our freedoms.<br />
As the vanguard of free speech in<br />
this country, we believe this is one<br />
issue the media should take a lead<br />
on, supported by the protestations<br />
of every Australian, in every house,<br />
on every street, from every town<br />
across this country.<br />
This union and its members will<br />
be keeping up the fight. It is one<br />
which cannot be lost on behalf<br />
of everyone who values the<br />
right to not only express issues<br />
freely, but just as important, the<br />
right of every person to hear<br />
them.<br />
KEVIN REYNOLDS<br />
State Secretary<br />
CFMEU C&G WA.<br />
Your comments about this story can be sent to editor@<strong>cfmeu</strong>wa.com<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 3<br />
CFMEU
E D I T O R I A L C O M M E N T<br />
Tony Abbott: Manufacturing fear<br />
There is no doubt that Tony Abbott<br />
is the current King of fear politics.<br />
He has learnt well from his neo-con<br />
masters in the USA.<br />
The use of fear and negativity is<br />
of course nothing new in<br />
politics. What is new is that<br />
purveyors of the type of fear<br />
that Tony Abbott is spreading<br />
are willing do so at any cost.<br />
Abbott is prepared to put self<br />
interest above all else.<br />
Whether you agree with the asylum<br />
issue or not, the fact is Abbott has<br />
cut his nose to spite his face. Abbott<br />
himself was born in the United<br />
Kingdom. He and his parents<br />
returned to Australia on the assisted<br />
passage scheme.<br />
Unfortunately, the unfounded fear of<br />
the ‘yellow peril’ has long cast a<br />
shadow over Australia. Hysteria is<br />
whipped up in spades by radio<br />
shock jocks and viral emails, most<br />
of which are scams originating from<br />
overseas. So much that there can<br />
now be no rationale debate. He has<br />
pitted friend against friend and<br />
neighbour against neighbour. This is<br />
what Abbott calls leadership.<br />
It’s divisive and built on a foundation<br />
of hate.<br />
This is same man who introduced<br />
what became the Australian<br />
Building and Construction<br />
Commission (ABCC) before the<br />
findings of the Cole Royal<br />
Commission were even completed<br />
and handed down. He was the<br />
architect of creating a different set<br />
of laws for building workers.<br />
What is perhaps more frightening is<br />
that Abbot was put in the job by a<br />
Liberal Party who thought Malcolm<br />
Turnbull was too moderate. Turnbull<br />
wasn’t considered extreme enough.<br />
Abbott, the ex journalist who used<br />
to write scathing attacks on the<br />
union movement for The Australian<br />
and Bulletin, is a master of using<br />
slogans and spin with little<br />
substance attached to them. So far<br />
he’s enjoyed an incredible free ride<br />
as a negative influence. Abbott the<br />
ex trainee priest known as the ‘Mad<br />
Monk’ has become Dr. NO, who<br />
sees nothing worthwhile in anything.<br />
He’s been able to avoid scrutiny of<br />
his policies largely by an anti-ALP<br />
media.<br />
Do you know what his polices are<br />
for health, education, employment,<br />
defence, industrial relations or<br />
family services? He’s adept of using<br />
issues such as carbon tax and<br />
asylum seekers to keep the<br />
spotlight off himself and his policies.<br />
It is hoped that in the next few<br />
months the ALP and others are able<br />
to shift the spotlight back onto<br />
Abbott and his crew. Whether we<br />
like it or not, at least we know what<br />
we are currently getting from the<br />
federal government. The same can’t<br />
be said of Abbott and the Liberal<br />
Party.<br />
Abbott has gained great political<br />
mileage out of the accusation that<br />
Gillard lied about having no carbon<br />
tax under her government. He will<br />
be held to the same account if he<br />
wins power and reintroduces any<br />
form of Workchoices.<br />
In the meantime we shouldn’t allow<br />
ourselves to be totally blind-sided<br />
by his fear and negativity.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 5<br />
CFMEU
U N I O N N E W S<br />
With Mick Buchan<br />
Barnett government helps to<br />
WA needs more young apprentices<br />
to safeguard our skills based future.<br />
GROSS MISMANAGEMENT OF WA STATE GOVERNMENT APPRENTICE SCHEME<br />
• WA Auditor General points to negligent compliance failure<br />
• Contractor’s rorting the tender system; failing to comply with government policy on<br />
apprenticeship numbers.<br />
• Department of Treasury and Finance in dereliction of duty.<br />
• State government ignores compliance and rules of its own apprentice training policy to aid<br />
its case for importing foreign workers<br />
• WA kids missing out<br />
In March 2010 the WA state government implemented a new policy to ensure that there was a fixed quota of<br />
apprentices on all government contracted jobs.<br />
Training was considered to be vital to supplement WA’s skills shortage. Concurrent with this new policy at the time, the<br />
state government led by Colin Barnett began lobbying to have WA classed as a regional centre so it could fast track and<br />
gain access to far more foreign workers than ever before. This has now been achieved.<br />
WA already has the major proponent of foreign workers. WA has 10% of the national population and 20% of all foreign<br />
visa workers! A situation brought about by a lack of training over previous years.<br />
The government’s new policy to ensure contractors employ a fixed quota of apprentices on all government building<br />
contacts is called PRIORITY START, operated through the Dept of Training and Workforce Development.<br />
Page 6 Construction Worker – <strong>Spring</strong> <strong>2011</strong>
create the skills shortage.<br />
Below is a table which shows the quota requirement for<br />
apprentices to be employed on government agency<br />
projects.<br />
Estimated Value of the Minimum Apprentice<br />
Labour for a Contract<br />
Requirement<br />
$300,001 - $ 1 million 1<br />
$1,000,001 - $ 2 million 2<br />
$2,000,001 - $ 3 million 3<br />
$3,000,001 - $ 4 million 4<br />
$4,000,001 - $ 5 million 5<br />
$5,000 001 - $ 6 million 6<br />
$6,000,001 and above Continuation of ratio*<br />
* Projects with an estimated labour component in excess<br />
of $6 million will be assessed on a project by project basis<br />
by the relevant Government Agency using the above<br />
ratios as a guide<br />
The quota was also meant to be used by contractors as a<br />
guide to submit how many apprentices they would be<br />
employing when forwarding tenders for state government<br />
projects.<br />
Compliance of the PRIORITY START policy has been<br />
grossly mismanaged and has been nothing short of a total<br />
disaster with contractors not complying, little policing by<br />
the state government and government departments<br />
failing to adhere to the policy requirements.<br />
OFFICE OF THE AUDITOR GENERAL<br />
The Auditor General report into the PRIORITY START<br />
scheme details that out of 58 government agency<br />
contracts sampled, an audit found that only 3 met the<br />
quota requirements of the government’s policy. The<br />
office stated that it was difficult to single out any good<br />
performance from any of the government agencies<br />
sampled.<br />
They also reported that the Department of Treasury and<br />
Finance failed to report any of their contracts to the<br />
Department of Workforce and Training – of those 19<br />
contracts, 6 also failed to meet other requirements such<br />
as including the use of registered contractors and<br />
employing the correct number of apprentices.<br />
Colin Barnett and the state government have failed WA<br />
kids (and those seeking older age apprenticeships), by<br />
ignoring compliance of their own.<br />
To add insult to injury the government had been lobbying<br />
and has now been successful in opening the floodgates<br />
for foreign temporary workers to enter WA in – a situation<br />
caused in part by the government’s lack of commitment<br />
to provide training and apprenticeship opportunities for<br />
young kids. The Barnett government has helped to create<br />
the skills shortage they seek to fix with foreign workers.<br />
In short, with the state government and its departments<br />
ignoring their own policy and failing to police its<br />
compliance, the government has sold out the future of our<br />
kids to the interests of foreign visa workers. Workers who<br />
come here for 4 years, send all their money offshore and<br />
then disappear, leaving the vicious cycle of the skills<br />
shortage to continue. Increased apprentice opportunities<br />
will ensure WA has a permanent, locally based workforce<br />
for the years ahead.<br />
It is our view that contractors who fail to comply<br />
with apprenticeship quotas and are found to be<br />
rorting the system should be banned from<br />
tendering on government projects for at least<br />
3 years.<br />
INSULT TO INJURY -<br />
HIGH YOUTH UNEMPLOYMENT<br />
To make matters worse, under the Barnett government,<br />
WA is now suffering double digit youth unemployment.<br />
The latest statistics show the jobless rate for 15 to 24-<br />
year-old workers is 9.8 per cent in WA and up to 12.3 per<br />
cent in the South West from Mandurah to Hopetoun.<br />
The southern corridor including Rockingham and<br />
Kwinana is the hardest hit within the metropolitan area,<br />
with 11.4 per cent youth unemployment.<br />
With these statistics, the Barnett government’s inaction<br />
over the PRIORITY START program makes it even more<br />
appalling.<br />
Give the kids who live here a fair go!<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 7<br />
CFMEU
U N I O N C O M M E N T<br />
With Joe McDonald<br />
Make Perth the new HQ capital of Australia!<br />
C2: New BHP HQ – There should be more Hi-Rise in Perth.<br />
Perth is extremely well<br />
positioned to attract<br />
other companies to<br />
follow BHP’s lead but<br />
there’s more that the<br />
state government can<br />
do to help make it<br />
happen, thus creating<br />
much needed jobs in<br />
the building and<br />
construction sector.<br />
Will the new BHP headquarters at<br />
City Square (C2) be a beacon for<br />
other national and South East Asian<br />
companies to follow suit and set up<br />
their Australian or SE Asian/Pacific<br />
regional Headquarters in the Perth<br />
CBD?<br />
The Perth CBD is ideally located to<br />
SE Asia with Perth being on the<br />
same time zone as Beijing and<br />
closer flying time to other Asian<br />
power houses than Sydney or<br />
Melbourne. It’s also closer to the<br />
North West mining region. These are<br />
all valid reasons why BHP has<br />
decided to shift most of their day to<br />
day operations to Perth from<br />
Melbourne.<br />
Perth is extremely well positioned to<br />
attract other companies to follow<br />
BHP’s lead but there’s more that the<br />
state government can do to help<br />
make it happen.<br />
The WA government would do well<br />
to consider an incentive package for<br />
companies to relocate their HQ to<br />
Perth, supported by a campaign<br />
road show to sell development in<br />
our CBD throughout Australia and<br />
the South East Asian region. Why<br />
not even the USA? Surely Chevron<br />
could have a greater hi-rise<br />
presence in the Perth CBD?<br />
Subsidising relocation expenses,<br />
providing subsidies on utility costs<br />
and concessions on state<br />
government land costs, could be<br />
considered as extra incentives to<br />
persuade companies to set up<br />
operations in Western Australia.<br />
However, primary to all those things<br />
is the fact that Australia’s economic<br />
future is going to be jointly tied to<br />
both China and India and that it<br />
makes efficient and economic sense<br />
to operate closer to those markets.<br />
From the union’s point of view<br />
construction workers would<br />
certainly look forward to the extra<br />
jobs more HQ projects would<br />
create. No doubt the PCC would<br />
welcome the additional rates, and<br />
the WA government the extra state<br />
taxes.<br />
Perth needs to stop thinking of itself<br />
as the poor relation to the eastern<br />
states cities. It needs to think<br />
forward with a new confidence.<br />
Perth is at the centre of the new<br />
world economic power zone and is<br />
should capitalise on this in more<br />
ways than one.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 9<br />
CFMEU
U N I O N C O M M E N T<br />
With Kevin Reynolds<br />
1.5 million reasons why workers join the CFMEU<br />
Since unions began in this country<br />
160 years ago they have been fined.<br />
It’s part and parcel of union life. It<br />
would be far easier to roll over and<br />
die but nothing worth fighting for is<br />
ever easy.<br />
Woodside has been successful in<br />
fining our union the massive amount<br />
of $1.5million as a result of the<br />
‘motelling dispute’. Around 3,000<br />
workers from all unions showed up<br />
at two separate meetings to voice<br />
their concerns, such was their utter<br />
fury and discontent over this<br />
particular issue.<br />
Woodside, without any negotiation,<br />
changed the workers permanent<br />
accommodation arrangements by<br />
introducing ‘motelling.’<br />
No talk. No Discussion. Just take it<br />
or leave it.<br />
Workers who work away from home<br />
up to 10 months of the year wanted<br />
the psychological surety and feeling<br />
of permanency that came with them<br />
living in the same donga.<br />
It wasn’t just their home away from<br />
home – it WAS their home.<br />
Woodside showed no empathy for<br />
the social disconnection suffered by<br />
workers and instituted a system<br />
The workers had a fair<br />
grievance. What were<br />
we supposed to do?<br />
Just cop what the<br />
employer wants and<br />
ignore the workers?<br />
whereby workers would have to<br />
constantly change from shift to shift<br />
where they lived on-site.<br />
Interestingly, prior to the dispute<br />
Woodside reported a net profit in<br />
the first half of 2010 of $US901<br />
million ($995 million), up 39.5 per<br />
cent from $US646 million in the first<br />
half of 2009. Most, if not all of this<br />
profit was made before the<br />
motelling issue, so it could not be<br />
argued that it was needed as a cost<br />
saving measure.<br />
The workers had a fair grievance.<br />
What were we supposed to do?<br />
Just cop what the employer wants<br />
and ignore the workers!<br />
Several other unions were involved<br />
in this dispute, but they only<br />
targeted the CFMEU. Why?<br />
Because we take action, we’re not<br />
afraid to take on the bosses, and as<br />
a consequence we are victimised<br />
for being a highly effective union.<br />
Workers should have the right in a<br />
democratic society to withdraw their<br />
labour as a last resort in the face of<br />
unfair practices and procedures.<br />
The CFMEU makes no apology for<br />
the way it goes about its business of<br />
working for its members.<br />
Our union doesn’t represent the big<br />
end of town, special interest groups<br />
or any political party. It represents<br />
the members – the day it doesn’t it<br />
is dead.<br />
We are not a ‘pretend union’. We are<br />
an active union, we turn up, we<br />
listen, we act. That’s what real<br />
unions are meant to do.<br />
Our members will always know<br />
exactly where we stand and that’s<br />
with them and for them, through<br />
thick and thin, no matter what.<br />
We’ve been doing it since 1850 and<br />
we’ll be doing it for a long time yet.<br />
The only difference between a<br />
worker and a slave is the union.<br />
Our union doesn’t represent the big end of town, special<br />
interest groups or any political party, it represents the<br />
members – the day it doesn’t, it is dead.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 11<br />
CFMEU
I N D U S T R I A L R E L AT I O N S<br />
With Mick Buchan<br />
REITH and Workchoices rear their ugly head!<br />
Direct from failing to win the Federal Liberal<br />
party presidency, Peter Reith is finding new<br />
audiences to espouse his vitriolic views about<br />
unions and workers rights.<br />
He’s touting his back to the future views on ‘Workchoices’<br />
again, saying Libs both federally and here in WA should<br />
reintroduce the draconian laws he helped to form when he<br />
was Federal Minister of Workplace Relations.<br />
Recently he had a shot at Colin Barnett. He said it would<br />
be on the Premier’s head if WA’s ‘open-door policy for<br />
unions’ led to more industrial militancy on mine and<br />
building sites.<br />
Mr Reith said WA’s IR system was so over-regulated it<br />
was more restrictive than the Fair Work Act. It recognised<br />
only union collective agreements and did not give<br />
employees a mandated vote.<br />
Time has a funny way of fading the memory, so let’s not<br />
forget Reith’s contribution to politics in this country.<br />
Reith was a leading driver and antagonist of the Patricks<br />
dispute which was more about developing a strategic<br />
template to bust unionism in all its forms across Australia<br />
than about making the waterfront more efficient.<br />
He led the charge in the ‘children overboard’ controversy,<br />
in which the government made unsubstantiated claims<br />
that seafaring asylum seekers had thrown children<br />
overboard in a presumed ploy to secure rescue and<br />
passage to Australia.<br />
The Australian Senate Select Committee later found that<br />
no children had been thrown overboard and that the<br />
government had known this prior to the election. Beasley<br />
got more votes but Howard got back largely on the back<br />
of this scare campaign. The government was criticised for<br />
misleading the public and cynically "(exploiting) voters’<br />
fears of a wave of illegal immigrants by demonizing<br />
asylum-seekers”<br />
Now he’s back in Australia after 6 years earning a fortune<br />
as a Banker in London, joining forces with that extreme<br />
right wing, union-hating think tank, the HR Nicholls<br />
Society, going around desperately trying to get draconian<br />
‘Workchoices’ back on the national agenda.<br />
The Grim Reither!<br />
With the likes of Reith lurking in the shadows, and<br />
supporters within the Federal Liberal party wanting a<br />
return to an even more extreme version of ‘Workchoices’,<br />
every union member needs to be as vigilant as ever.<br />
Make no mistake, if Tony Abbott wins power,<br />
‘Workchoices’ will be resurrected in a far more extreme<br />
guise than it was under John Howard.<br />
Abbot has had the luxury of not being scrutinised about<br />
his policies while he makes dummy runs in behind media<br />
grabbing issues like the carbon tax and the refugee<br />
problem. Sooner or later he’ll have to show what he really<br />
stands for – would you trust your wages and conditions<br />
with him and the likes of Peter Reith?<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 13<br />
CFMEU
U N I O N C O M M E N T<br />
With Mick Buchan<br />
It’s time for the ABCC to go<br />
once and for all<br />
If the federal government want to<br />
have a budget surplus they<br />
should scrap the ABCC and<br />
contribute the ABCC’s annual<br />
running costs towards it.<br />
The Australian Building and<br />
Construction Commission has<br />
admitted to a Senate inquiry the<br />
legal basis was unsound for more<br />
than 200 interrogations it carried out<br />
in the first five years of its existence.<br />
The ABCC is trying to widen its<br />
modus operandi and give itself new<br />
validity by trying to act as a poor<br />
man’s union by investigating sham<br />
contracting and going on sites to<br />
look at wage books. They wouldn’t<br />
have a clue what to look for and<br />
they don’t have the resources to do<br />
an effective job. They would<br />
become the ‘Worksafe of wage<br />
claims’, pretty much useless.<br />
CONSTRUCTION<br />
WORKERS HERE<br />
ALL THIS IS LEADING TO<br />
TIME RUNNING OUT<br />
FOR THE ABCC<br />
Soon legislation will be introduced<br />
into the federal parliament to<br />
determine the ABCC’s future.<br />
Labor is supporting a slightly<br />
watered down version of its current<br />
form but the change will in effect be<br />
in name only as they seek to change<br />
it from the ABCC to Fair Work<br />
Australia Inspectorate (nothing fair<br />
about it). The Greens on the other<br />
hand, are looking to abolish it and<br />
its coercive powers altogether – to<br />
have one law for all. The Liberals if<br />
they had their way would keep and<br />
give the ABCC even more powers.<br />
They would probably put Peter<br />
Reith in charge.<br />
The fact is the ABCC is a relic from<br />
Tony Abbott, John Howard and the<br />
HR Nichols Society – it should never<br />
have appeared on the Australian<br />
industrial landscape.<br />
Rudd, then Gillard and others in the<br />
ALP said they would abolish it but<br />
instead they tried to pull a shifty by<br />
watering it down. They didn’t have<br />
the guts to put it out of its misery. All<br />
they did was to further alienate their<br />
core constituency.<br />
This union and millions of workers<br />
and their families await the outcome<br />
of the ABCC in federal parliament<br />
during this spring session. The<br />
ballot box at the next federal<br />
election will decide if the right<br />
decision has been made. The ABCC<br />
should go once and for all, making<br />
one law for all.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 15<br />
CFMEU
4 5 7 U P D AT E<br />
With Dave Noonan<br />
Enterprise Migration Agreements mustn’t cost Aussie jobs<br />
The Federal Government must do<br />
more to ensure that Enterprise<br />
Migration Agreements do not cost<br />
Australian jobs, the CFMEU says<br />
following the release of EMA<br />
guidelines.<br />
CFMEU Construction National<br />
Secretary Dave Noonan said that<br />
while the union accepted that EMAs<br />
may be necessary in some<br />
circumstances, the onus should be<br />
on companies to prove that they are<br />
needed and for there to be greater<br />
enforcement and scrutiny of these<br />
agreements.<br />
“Our union supports the growth of<br />
construction jobs principally<br />
through skills training and<br />
development for Australians and<br />
through a non-discriminatory<br />
migration program with a focus on<br />
skills that are needed for the long<br />
term. Because EMAs fall outside<br />
these areas they must have strong<br />
safeguards to ensure that Australian<br />
jobs are protected. As currently<br />
written these EMA guidelines are<br />
not sufficient to secure our<br />
support,” Noonan said.<br />
“The guidelines are deficient in<br />
several areas. Companies aren’t<br />
required to undertake labour market<br />
testing to prove that they have tried<br />
and failed to recruit Australian<br />
workers for their projects. Instead<br />
there is a paper based analysis<br />
requirement for semi-skilled<br />
workers but nothing required of<br />
companies to show that a need<br />
exists for 457 visa skilled workers.<br />
“There is also a disturbing lack of<br />
disclosure of the numbers,<br />
It’s the fault of employers and middlemen who<br />
exploit guest workers and of the government<br />
for not ensuring proper compliance<br />
classifications and skills that<br />
companies have applied for,<br />
meaning the Australian community<br />
will never know how many overseas<br />
workers have been sought by a<br />
company and how many they have<br />
had approved.<br />
“Most concerning however is the<br />
lack of protection for Australian<br />
workers in relation to redundancy.<br />
Under these guidelines companies<br />
would be able to make any of their<br />
Australian workforce redundant<br />
while still retaining 457 visa workers<br />
brought over on EMAs, and even<br />
other foreign workers on Working<br />
Holiday Visas. This is a significant<br />
risk to Australian workers on<br />
projects where employers have<br />
engaged workers on EMAs.<br />
“Until these deficiencies are<br />
rectified, there is the potential for<br />
employers to use EMAs to cut<br />
wages and conditions for<br />
employees on these projects and<br />
they present a serious risk to<br />
Australian construction jobs,"<br />
Noonan said.<br />
“It is a major concern that the<br />
number of 457 visas rose by 40 per<br />
cent in the last year, despite the<br />
slowdown in the economy.<br />
“Even though 457 visa holders<br />
should legally be awarded the same<br />
pay and conditions as Australians,<br />
in reality they are unlikely to<br />
complain if they get short-changed.<br />
“These are people who owe their<br />
temporary visa and prospect of<br />
future residency to their employer,<br />
so they’ll keep quiet about being<br />
underpaid or about dangerous<br />
conditions.<br />
“This can’t be blamed on the guest<br />
workers. It’s the fault of employers<br />
and middlemen who exploit them<br />
and of the government for not<br />
ensuring proper compliance,"<br />
Noonan said.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 17<br />
CFMEU
F I F O I N Q U I R Y<br />
With Brad Upton<br />
Federal Government scrutinises FIFO impact!<br />
There is no doubt that Fly-in Fly-out<br />
(FIFO) arrangements have an<br />
enormous impact on workers and<br />
their families back on the home<br />
front. Relationship breakdowns are<br />
common. Workers often can’t be<br />
there when they are needed by their<br />
family, mobile phone access is<br />
restricted on jobs, mental anguish is<br />
commonplace and even suicide is<br />
not uncommon.<br />
Workers without families find it hard<br />
to establish relationships and often<br />
endure social disconnection<br />
problems stemming from loneliness.<br />
Productivity can suffer. Staff<br />
turnover can be high – not a good<br />
thing in the midst of a skills<br />
shortage. It’s one thing to get<br />
workers, it’s harder to retain them.<br />
Nicole Ashby, the director of<br />
website fifofamilies.com, says that<br />
loneliness and isolation are the<br />
primary issues for the partner who<br />
stays at home (the majority of whom<br />
are women), as well as for the<br />
partner who works away. "You are<br />
effectively in a sole parenting role for<br />
as much as half or even threequarters<br />
of the year with sole<br />
responsibility for the children 24/7."<br />
Initially it sounds an attractive offer<br />
to work for good money on a project<br />
like Barrow Island. In the race to be<br />
a part of WA’s economic boom the<br />
roster of working 26 days on and 9<br />
days off sounds okay – but after a<br />
while the practical realities set in for<br />
many workers who start to<br />
experience the problems and issues<br />
mentioned above.<br />
The House of Representatives<br />
The Gorgon project: A massive FIFO workforce.<br />
Standing Committee on Regional<br />
Australia has launched an inquiry<br />
into the experience of Fly-in, Fly-out<br />
(FIFO) and Drive-in, Drive-out<br />
(DIDO) workers in regional Australia.<br />
The Minister for Regional Australia,<br />
Regional Development and Local<br />
Government, the Hon. Simon Crean,<br />
has asked the Committee to look<br />
into a range of issues, including the<br />
impact of FIFO/DIDO on individuals,<br />
communities and companies<br />
“The Committee recognises that the<br />
use of fly-in/fly-out and drivein/drive-out<br />
workforces in the<br />
mining sector raises a number of<br />
significant challenges and<br />
opportunities for individuals and<br />
their families, communities and<br />
employers,” Committee Chair Tony<br />
Windsor said, “we are interested in<br />
exploring all of those issues and<br />
hope to also hear from mining<br />
companies who are utilising<br />
FIFO/DIDO for their employees.”<br />
FIFO is changing the entire<br />
landscape of family dynamics in<br />
Australia according to CFMEU NW<br />
Organiser Brad Upton.<br />
“We understand there’s minerals<br />
and gas to be mined but you can’t<br />
have a FIFO system which<br />
undermines family structures to the<br />
point where workers became<br />
disenchanted, unproductive and<br />
unhappy in their day to day work<br />
life. It’s not good for site morale. It’s<br />
a fluid situation which needs to be<br />
monitored and fine tuned.”<br />
“We have workers building<br />
Australia’s future but who’s building<br />
the workers future?” says Upton.<br />
The CFMEU nationally will be<br />
making submissions to the Standing<br />
committee and we look forward to<br />
the findings.<br />
If you are impacted by FIFO call<br />
Brad Upton on 0488 770 857<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 19<br />
CFMEU
N O R T H W E S T R E P O R T<br />
With Phil Kennedy & Brad Upton<br />
It’s been a tragic couple of months for<br />
work place accidents, fatalities and<br />
serious injuries on construction and<br />
maintenance projects in the North West.<br />
June saw the death of 28-year-old<br />
Shaun McBride, a scaffolder<br />
working for Celtic Scaffolding.<br />
Shaun was scaffolding under load<br />
out on the jetty at Rio Tinto’s East<br />
intercourse island operations.<br />
The scaffolding collapsed below<br />
him taking him to the bottom of the<br />
ocean. He was retrieved many hours<br />
later.<br />
Early July saw another tragic fatality<br />
when 27-year-old Jordan Mattiott-<br />
Statham was crushed.<br />
A mobile crane at BHP’s Finucane<br />
Island operations in Port Headland<br />
fell and landed on him.<br />
Another worker had his legs<br />
crushed when doing maintenance<br />
work at FMG’s Herb Elliott Port<br />
operations.<br />
It should also be noted that on the<br />
same day in an unrelated incident a<br />
fly-in fly-out worker working for Abi<br />
Group took his own life at Club<br />
Hamilton Camp in Port Hedland.<br />
On 13th July in Karratha,<br />
Finbar–Hanssen Pty Ltd rigger<br />
Robert Serjeant, working for<br />
Construct Labour Solutions, was<br />
killed when a soak well lid being<br />
moved by tower crane released<br />
without warning, striking and<br />
landing on him.<br />
Finbar apartments in Karratha -<br />
scene of a fatality.<br />
You can’t imagine the shock with<br />
many young workers on site. All the<br />
workers live and work together on<br />
site and looked to Rob as a mentor.<br />
Others worked alongside Rob for<br />
years.<br />
Kevin Reynolds arranged for Mick<br />
Buchan to fly up and assist. After a<br />
site meeting and debrief, work<br />
ceased and Mick and I carried out a<br />
safety walk through the whole site.<br />
Meanwhile arrangements were made<br />
for Sergio (WACIRF Counsellor) to<br />
attend the site and assist workers.<br />
Sergio stayed for the weekend.<br />
Rectification work commenced on<br />
the safety items raised over the next<br />
few days.<br />
Another significant incident occurred<br />
at Cape Preston. It was Saturday<br />
afternoon when a controlled blast<br />
went wrong. Fortunately no one was<br />
in the area at the time. Mind you I<br />
reckon Joe from DTMT would have<br />
lost it. With rocks the size of<br />
footballs damaging plenty of his<br />
plant and equipment in the<br />
construction areas.<br />
Recently, at Christmas Creek, a<br />
Franna had been tagged out as not<br />
safe to operate. A decision was<br />
made by a supervisor to remove the<br />
tag and bring the Franna back into<br />
service.<br />
We became aware of the issue on<br />
Sunday. It was quickly resolved and<br />
the Franna was locked out until the<br />
following week, when a service<br />
mechanic fixed the problem.<br />
This is an example to how accidents<br />
Page 20 Construction Worker – <strong>Spring</strong> <strong>2011</strong>
occur. Some people seem to forget<br />
at times how high risk our industry<br />
is. If a piece of plant or equipment is<br />
tagged out, you don’t operate it until<br />
its fixed. It’s that simple.<br />
If you have any issues on your site<br />
don’t hesitate to text, phone or email<br />
myself or Brad Upton. Remember a<br />
safe site is a union site.<br />
On 16 August a 27-year-old worker<br />
was fatally injured at the Brockman<br />
2 mine near Tom Price.<br />
The man was changing a hydraulic<br />
cylinder on a front-end loader at the<br />
time of the incident. Brad Upton<br />
attended the mine site to investigate.<br />
In early May <strong>2011</strong> in a yard in<br />
Newman where cranes are<br />
operated, a man had a set of 32m<br />
chains hit him in the head while<br />
using a Manitou to lift the chains out<br />
of a lifting box on the back of a truck.<br />
He was severely injured.<br />
The AMWU has joined us in<br />
Jeff Hibbert with Mick Buchan left and<br />
Organisers Brad Upton and Phil Kennedy.<br />
conducting monthly members<br />
meetings. We had a great turn out<br />
for Jeff Hibbert’s life time<br />
membership. Jeff is in his 70s and<br />
he has been in the union since he<br />
was 14 and he has never ever been<br />
late with his union dues.<br />
Mick Buchan came up from Perth to<br />
give Jeff his lifetime certificate, all<br />
the boys really enjoyed meeting<br />
Mick. Thanks Mick and Aussie for<br />
flying up and to every one for making<br />
it a such big turn out.<br />
Jeff is in his 70s<br />
and he has been<br />
in the union since<br />
he was only 14<br />
and he has never<br />
been late with his<br />
union dues!<br />
We are getting good feed back from<br />
all the members that all the unions<br />
are working together, the CFMEU<br />
and AMWU have got Cape Preston<br />
on the radar, the workers from<br />
Program Maintenance and Neilson<br />
are trying to get an agreement up so<br />
all we can say to all the members is:<br />
If you stick together, then you will<br />
win together.<br />
If you don’t fight, you lose!<br />
Unlimited career opportunities in<br />
WA’s booming construction industry.<br />
Train for your future now<br />
WA needs thousands of skilled workers and the CSTC is the best place to fast track<br />
your career. The Construction Skills Training Centre (CSTC) is the most advanced<br />
training centre of its kind in WA. We offer over 40 courses to learn new skills or to<br />
update existing ones. All our trainers have real world experience within the<br />
construction industry and attendees are taught using state-of-the-art equipment.<br />
The CSTC is preferred by WA’s top companies and contractors.<br />
Individual and group booking welcome.<br />
Don’t miss out! Enrol in a course today.<br />
Call the CSTC on (08) 9358 6501.<br />
107 Radium Street Welshpool.<br />
See our informative website<br />
www.cstc.com.au<br />
for all course details and more.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 21<br />
CFMEU
ILLEGAL WORKER UPDATE<br />
With Joe McDonald<br />
After intense lobbying from this<br />
union and others, something is<br />
finally afoot to financially castrate<br />
shonky employers involved with<br />
illegal visa workers.<br />
The CFMEU has called on the Federal Government to<br />
adopt the recommendations of its own Howells Report<br />
and toughen laws to deter and penalise employers who<br />
illegally employ overseas workers and undermine the job<br />
security of Australian workers.<br />
CFMEU National Secretary Construction Dave Noonan<br />
said reports the Government would accept in principle all<br />
the recommendations of the Report showed it was<br />
committed to cracking down on the employers of people<br />
working illegally in Australia.<br />
He said it was crucial that the Government move swiftly to<br />
introduce the legislation to implement all the Howells<br />
Report’s recommendations early in 2012.<br />
“We will continue to lobby the Government for tougher<br />
penalties for employers and labour suppliers who illegally<br />
employ overseas workers, to protect the jobs, pay and<br />
conditions of Australian workers,” Mr Noonan said.<br />
“The Howell Report and its recommendation of a<br />
maximum $10,000 fine and strict liability for employers<br />
can not be ignored. Strict liability will stop employers<br />
being able to plead ignorance as an excuse for breaking<br />
the law.<br />
“Awareness and education programs are no deterrent to<br />
employers and labour suppliers who deliberately flout our<br />
laws in the name of profit.<br />
“They exploit vulnerable foreign workers, while driving<br />
down pay and conditions and making it hard for<br />
employers who do the right thing to compete.”<br />
The Immigration Department’s own figures show that 16<br />
per cent of people working illegally in Australia are<br />
employed in construction, an estimated total of 16,000<br />
employees.<br />
“We know there are people employed illegally on building<br />
sites across Australia. We are concerned that these<br />
workers are often unable to speak out against<br />
exploitation, and that they are being used to drive down<br />
wages and conditions,” Mr Noonan said.<br />
Employers:<br />
$10,000<br />
fine<br />
for each<br />
illegal visa<br />
worker!<br />
The report finds that the Immigration Department has<br />
investigated at least ten instances of deliberate and<br />
systematic abuse of overseas residents working illegally<br />
by employers.<br />
“It is obvious that the current penalties are simply laughed<br />
off by these employers,” Mr Noonan said.<br />
“The previous Government left us with an immigration<br />
system riddled with loopholes that has allowed employers<br />
to exploit overseas workers.<br />
“They failed to act on this issue despite a report<br />
recommending the law be changed. The Government<br />
must make its key targets the small minority of<br />
unscrupulous employers and labour suppliers that illegally<br />
employ overseas workers. We look forward to making this<br />
point to Minister Bowen during consultations.”<br />
Our view is to let Unions have greater instant access<br />
to sites and wage records to enforce laws such as this<br />
– we wait with interest to see what happens.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 23<br />
CFMEU
M E M B E R L E G A L S E R V I C E S<br />
With Karina Hafford<br />
Claim your fair entitlement if<br />
injured in a motor vehicle accident<br />
If CFMEU WA members or an immediate member of<br />
their family are involved in a motor vehicle<br />
accident, Slater and Gordon, your union lawyers<br />
may be able to help you to get the financial<br />
compensation that you are entitled too.<br />
Did you know that you may be able to claim for<br />
compensation if you are injured in a motor vehicle crash<br />
or a close relative has been fatally injured and you were<br />
financially dependant on that person?<br />
Regardless of whether you are the driver or passenger,<br />
you may be able to access benefits under the Insurance<br />
Commission of Western Australia (ICWA) scheme.<br />
Receiving an injury doesn’t mean you can automatically<br />
claim compensation. You may not be able to claim if you<br />
were totally at fault, or the person at fault either drives a<br />
vehicle registered in another state or is not the owner or<br />
driver of a car (such as a pedestrian or cyclist).<br />
If you are unsure whether the circumstances of an<br />
accident are covered by the ICWA system, you should<br />
seek legal advice as soon as possible after your accident.<br />
When a person sustains injuries in a transport accident,<br />
the law requires that a claim is lodged as soon as<br />
practicable with the ICWA. If more than 3 years elapse<br />
from the date of the accident then it is very unlikely that<br />
the ICWA will accept your claim. Even if you are not sure<br />
whether your injuries are long term or permanent, you<br />
should protect your rights and lodge a claim with the<br />
ICWA, listing every injury that you have sustained.<br />
Different limitation periods apply for accident victims<br />
under 18 years of age.<br />
Injured people with an accepted ICWA claim might be<br />
able to claim for:<br />
• reasonable and necessary hospital, medical and<br />
rehabilitation expenses<br />
• lost wages and superannuation<br />
• an allowance towards any decreased capacity to earn<br />
an income<br />
• future treatment expenses<br />
• an allowance for any pain and suffering and<br />
inconvenience experienced by you as a result of your<br />
injuries (including any ongoing disability)<br />
• travelling expenses<br />
• an allowance for any homecare services you may<br />
require as a result of your injuries.<br />
If the injury caused from the motor vehicle accident was<br />
sustained during the course of your employment, you may<br />
be entitled to compensation under the WorkCover<br />
system. Again, it is recommended that you seek legal<br />
advice for further details.<br />
For further information CFMEU WA members should<br />
contact the Union office on 9221 1055 for a referral to<br />
Slater and Gordon- your preferred union lawyers.<br />
As a financial CFMEU WA member your initial<br />
consultation is free.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 25<br />
CFMEU
S A F E T Y W AT C H<br />
With Steve McCann<br />
$250,000 fine over death of pre-apprentice<br />
A Wangara host employer has been<br />
fined $250,000 over the death of a<br />
pre-apprentice supplied by a labour<br />
hire company in November 2008.<br />
Quadtilla Pty Ltd pleaded guilty to failing<br />
to provide a safe workplace under a<br />
labour hire arrangement and, by that<br />
failure, causing the death of an employee.<br />
They were fined in the Perth Magistrates<br />
Court.<br />
Quadtilla is a cabinetmaking and finishing<br />
company, manufacturing wood and<br />
fibreboard furniture and fit-outs. The<br />
company stored sheets of material of<br />
various sizes and weights at its premises<br />
in stacks leaning against walls.<br />
When a sheet was needed, one or two<br />
workers would stand in front of the stack<br />
while a third worker tilted each sheet onto<br />
the worker or workers in front of the stack.<br />
When the required sheet was found, it was<br />
dragged out from between the other<br />
sheets, and the workers at the front of the<br />
stack used their body weight to push the<br />
sheets back up and onto the wall.<br />
In November 2008, a worker was selecting<br />
a sheet from a stack and the sheets<br />
leaning forward became too heavy for the<br />
workers holding them up.<br />
The sheets – estimated to have weighed<br />
more than 969kg – fell onto and crushed a<br />
17-year-old pre-apprentice who had been<br />
working at the premises for about six<br />
weeks.<br />
Just eight months before this incident, a<br />
22-year-old apprentice had died in similar<br />
circumstances at a workshop in Malaga.<br />
In March 2007, a worker was killed when a<br />
slab of stone fell on him in the similar<br />
circumstances.<br />
Steve McCann says:<br />
REPORT UNSAFE SITES NOW<br />
If you are working in unsafe conditions let us<br />
know and we’ll fix it- don’t put up with it one<br />
second longer than you have to – it could cost<br />
your life or the life of a workmate.<br />
Call or text me on 0488 102 297<br />
Email smccann@<strong>cfmeu</strong>wa.com<br />
and BE CFMEU SAFE!<br />
Page 26 Construction Worker – <strong>Spring</strong> <strong>2011</strong>
Non EBA sites. Non safe. Non productive.<br />
On my travels these days, I have the opportunity to visit<br />
numerous site across the CBD and in some instances<br />
regional areas. One thing that is glaringly obvious to me is<br />
that the sites that have an EBA builder running them, are<br />
by far the cleanest and safest.<br />
In some instance I have stood in disbelief watching one of<br />
these ‘2 bob’ outfits knowingly and openly place their<br />
workers at serious risk of injury or worse. Without<br />
hesitation or a second thought.<br />
The photographs that I have taken at some of these sites<br />
would be enough to prosecute the builder. Worksafe<br />
Inspectors would have a field day, if there was one<br />
available. (A big ask these days).<br />
A GREAT EXAMPLE IS THE PHOTO ABOVE<br />
2 blokes on an open edge, the pallet of glass not secured<br />
to the forks, bouncing all over the place, area below not<br />
bunted off and, the icing on the cake, is that the site<br />
supervisor is standing watching this directing traffic<br />
without a traffic control ticket. (This mob was just chosen<br />
above an EBA builder for an upcoming project.......a<br />
message to the client: GOOD LUCK!!)<br />
But as stated by a Worksafe director recently “the unions<br />
must provide us with proof that these serious breaches<br />
are taking place before we will attend”.<br />
So amazingly we have to do the ground work for these<br />
muppets before they consider our claims to be genuine.<br />
Not surprising that the industry views that department as<br />
an absolute joke.<br />
So it is down to the union to provide and maintain safe<br />
workplaces and the first step in achieving this is signing<br />
an EBA.<br />
The advantages of having an EBA are fairly straight<br />
forward:<br />
1. There will be a safety representative on site to<br />
ensure that all work practices are being carried out<br />
in a safe manner and in accordance with the<br />
companies’ policies and procedures.<br />
2. The site will be clean and organised.<br />
3. All safety issues will be dealt with in a timely and<br />
organised manner.<br />
4. LTI/MTI’s will be significantly lower than an non<br />
EBA site<br />
5. Workers will be receiving the going EBA rate and in<br />
turn producing a superior product at the end of the<br />
day.<br />
6. Projects will be almost certainly being delivered on<br />
time and on budget.<br />
So if there are any builders wondering what the benefits<br />
of being EBA are, then look no further than this article and<br />
then contact the office and we will do the rest.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 27<br />
CFMEU
U N I O N N E W S<br />
With Matt Waters & Peter Joshua<br />
Mould outbreak at Perth Arena<br />
There has been a serious mould<br />
outbreak at the Perth Arena<br />
complex – it is believed that internal<br />
paneling and acoustic panels had to<br />
be replaced after mould was<br />
discovered.<br />
CFMEU Western Australia Assistant<br />
Secretary, Joe McDonald, said the<br />
union had notified officials of the<br />
risk to workers.<br />
"Perth Arena has been beset with<br />
numerous problems during<br />
construction, and this latest<br />
problem with mould could see<br />
panels being replaced and delaying<br />
the building process and cost<br />
further," Mr McDonald said.<br />
"The arena is alleged to have had<br />
problems with water leakage and<br />
seepage from its underground car<br />
park, which may have contributed to<br />
this problem."<br />
The project to build the state-of-theart<br />
indoor sports and entertainment<br />
venue was originally slated to cost<br />
$160 million, but has blown out to<br />
an estimated $500 million plus.<br />
The project was announced in 2005<br />
and was due to be completed in<br />
January 2009.<br />
WA Premier Colin Barnett did not<br />
hide his frustration at the latest<br />
news, saying the mould was likely a<br />
result of a wet winter.<br />
"This is a project which has<br />
been dogged by problems<br />
and this is just yet another<br />
one," Mr Barnett said.<br />
"I just wait and hope and<br />
pray this thing will be finally<br />
built and finished."<br />
SAFETY HAZARD<br />
Mould panelsfrom<br />
Perth Arena.<br />
WORKSAFE INEFFECTIVE:<br />
As one of the workers on the site was heard to comment; if it wasn’t so old there<br />
wouldn’t be any mould!”<br />
Mr Barnett should also seriously take a look at the complete ineptitude of<br />
Worksafe WA says McDonald. When Worksafe WA was alerted to problems of<br />
mould at the site they didn’t even bother to investigate. (See story related to this<br />
issue about Worksafe.)<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 29<br />
CFMEU
U N I O N N E W S<br />
With Mick Buchan<br />
Mates in Construction<br />
Statistics show that suicide mortality rates from the<br />
Construction Industry are an alarming 75% higher than average<br />
Australian male rates. According to internal figures from CBUS,<br />
from 1998-2004, the rate of possible suicides among their<br />
membership is 43 per 100,000. This is a staggering contrast<br />
from the national suicide mortality rate in Australia in 2002<br />
of 11.8 deaths per 100,000 (De Leo & Heller, AISRAP 2004).<br />
In Queensland suicide rates are even higher for young<br />
construction workers, between the ages of 15 and 24,<br />
where the rates were 60 in every 100,000 workers.<br />
These statistics reflect a similar situation in the WA<br />
construction industry. There have been 10 suicide related<br />
deaths in the WA construction industry so far this year.<br />
Kevin Reynolds opens the<br />
program launch<br />
The WA Construction Industry<br />
Redundancy Fund (WACIRF) has for<br />
the past five years, been funding a<br />
grief counselling service provided<br />
by Converge International.<br />
Even though the service reached<br />
many people, the Board believed<br />
that there must be a way of<br />
enhancing the service. For the past<br />
twelve months, investigations into<br />
how to provide a better service have<br />
been undertaken.<br />
In June of this year, a number of<br />
Directors and the CEO of the Fund<br />
visited Queensland and observed<br />
how Mates in Construction was<br />
carried out in that state.<br />
They returned and reported that the<br />
scheme was widely accepted in the<br />
Queensland Construction Industry.<br />
In four years, approximately 15,000<br />
building workers have undertaken<br />
General Awareness Training and no<br />
less than 117 sites are accredited<br />
MIC sites.<br />
The WACIRF Board decided it<br />
would sponsor a like system in WA<br />
and on Friday the 9th September,<br />
the system was officially launched<br />
at the Fiona Stanley Hospital<br />
Building Site.<br />
Kevin Reynolds introduced Murray<br />
Rzepecki, the CEO of WACIRF, who<br />
made the announcement and<br />
launched the scheme.<br />
The WACIRF Board appreciated the<br />
support and assistance the Union<br />
have given the scheme and also<br />
thanked Brookfield Multiplex and in<br />
particular, Jon Stone, the Project<br />
Director and his staff for offering the<br />
site as the pilot site for the scheme.<br />
Murray Rzepecki from<br />
WACIRF gives his total support<br />
As you read this article, the wheels<br />
are turning to create the necessary<br />
legal entities and recruit staff to<br />
deliver the service on a number of<br />
Perth Building Sites.<br />
It is envisaged that all major building<br />
companies and other key<br />
stakeholders in the building and<br />
construction industry will come on<br />
board in a combined effort to<br />
introduce the program on all sites.<br />
Special thanks must also go to Joe<br />
Dziadulewicz, Mick Buchan, Terry<br />
O’Brien, Rob Lee and Ian Hawkins.<br />
Mates in Construction (MIC) is an<br />
educative program designed to train<br />
Page 30 Construction Worker – <strong>Spring</strong> <strong>2011</strong>
launches in WA.<br />
people on construction sites on<br />
several levels – from helping identify<br />
‘at risk’ signs of suicide to providing<br />
more direct counselling for people<br />
who may be in a highly threatening<br />
situation.<br />
At the launch, Mick Buchan said<br />
“It’s all about mates looking after<br />
each other – being able to identify<br />
signs of abnormal behaviour and<br />
knowing what to do.”<br />
“It could be as simple as just making<br />
yourself available for a chat, asking<br />
someone if they are okay – a<br />
problem shared, is a problem<br />
halved. The MIC program has been<br />
voted the best suicide prevention<br />
program in Australia and we are<br />
proud to be a part of its introduction<br />
into WA.”<br />
Mick Buchan<br />
CFMEU and<br />
James Moore<br />
from ME bank<br />
lend their<br />
support.<br />
The workers listen intently<br />
to the launch of MIC<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 31<br />
CFMEU
U N I O N C O M M E N T<br />
With Joe McDonald<br />
ENQUIRY NEEDED<br />
Into Worksafe WA<br />
The reporting of mould at the Perth Arena Entertainment complex<br />
highlighted another problem that is all too prevalent within the<br />
construction industry. The complete indifference by Worksafe WA<br />
in responding to safety based complaints made by this union and<br />
others.<br />
When the story broke about a safety hazard – mould – at Perth Arena, the<br />
media was told directly by Worksafe WA that they would not investigate Perth Arena based on the CFMEU’s<br />
complaint unless the union provided Worksafe with evidence or a worker made a direct complaint...<br />
Hello!<br />
Worksafe is an investigative unit that<br />
has the right to enter worksites to<br />
carry out their own investigations,<br />
collect evidence based on<br />
complaints, act on them and<br />
prosecute if need be.<br />
All too often they turn up after the<br />
serious and sometimes fatal<br />
consequences of a safety procedure<br />
gone wrong. They are reactive not<br />
proactive or preventative.<br />
Questions need to be asked of the<br />
Minister responsible for Worksafe,<br />
Simon O’Brien; Why Worksafe WA<br />
would not investigate this site. Do<br />
they have a directive from the top<br />
not to create a disturbance which<br />
may cause delays to a government<br />
project which is already way behind<br />
schedule? Is the government<br />
themselves only interested in a race<br />
to the finish line, and in the process,<br />
putting workers safety at risk?<br />
This union has countless records<br />
which show Worksafe WA did NOT<br />
turn up to investigate complaints<br />
made by this union.<br />
Simon O’Brien –<br />
Minister for Worstsafe?<br />
IF they do turn up, response times<br />
are far too long. This further adds to<br />
the frustration felt within the<br />
construction industry.<br />
As a consequence Worksafe WA<br />
continues to suffer a lack of respect<br />
and credibility from those which it is<br />
supposed to serve.<br />
If they don’t work for the interest of<br />
workers and their safety, who do<br />
they work for?<br />
We call on the Minister for<br />
Commerce, Simon O’Brien, to hold<br />
an investigative enquiry into the<br />
internal workings of Worksafe WA.<br />
They are a complete waste of tax<br />
payers money.<br />
PROOF:<br />
Why didn’t<br />
Worksafe collect<br />
the evidence?<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 33<br />
CFMEU
MEMBER FINANCIAL SERVICES<br />
With James Mo ore<br />
CFMEU members: Forget<br />
which bank, switch banks...<br />
HERE’S WHY….<br />
From day one, ME Bank’s goal has been to give CFMEU<br />
members better value banking and real service with a nononsense<br />
approach to borrowing, with products that are<br />
simple, straightforward and offer value-for-money to<br />
Australians. All with low fees or no fees, low interest rates<br />
and higher returns built in for union members.<br />
In keeping with our commitment we are pleased to<br />
announce the launch of the new EveryDay Transaction<br />
Account with Debit MasterCard ® . Shop in-store, online,<br />
over the phone and overseas – all using your own money.<br />
With the convenience of Tap & Go with MasterCard<br />
PayPass, ATM* and EFTPOS, free direct debits and direct<br />
credits, you can access your money 24/7. Plus, every time<br />
you press ‘Credit’ your transactions will be protected by<br />
MasterCard’s security features.<br />
As a CFMEU member, ME Bank will waive the monthly<br />
account keeping fee when you deposit at least $500<br />
per month – like your salary. We will even help you<br />
switch your bank.<br />
You can even choose the colour of your Debit MasterCard<br />
- Lime, Metallic and the limited edition PINK card which<br />
supports the National Breast Cancer Foundation’s<br />
research projects.<br />
The PINK Debit MasterCard is only available from April to<br />
June and September to November each year, and each<br />
time you make a purchase using your PINK card, ME<br />
Bank will donate 1 cent to the National Breast Cancer<br />
Foundation.<br />
This is the first time Australians have been given the<br />
opportunity to help raise funds for research into a disease<br />
which sees more than 10,000 people diagnosed every<br />
year. Over the next three years, ME Bank expects over<br />
$300,000 in donations via the PINK Debit MasterCard.<br />
With an EveryDay Transaction Account you can spend<br />
more time doing the things you love and less time doing<br />
your everyday banking.<br />
To find out more, visit mebank.com.au/everyday<br />
*15 free ATM transactions per month, subsequent transactions will incur a<br />
$1.50 fee. Withdraw cash with your Debit MasterCard at any ME Bank,<br />
Westpac, St.George and Bank SA ATM (except ATM’s at BP stations). Fees<br />
and charges apply. Terms and conditions available on request. Please consider<br />
if this product is appropriate for you.<br />
Members Equity Bank Pty Limited ABN 56 070 887 679.<br />
For assistance please call James Moore on 0438 766 327 or email address james.moore@mebank.com.au<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 35<br />
CFMEU
U N I O N N E W S<br />
With Mick Buchan<br />
John Holland case fails against CFMEU<br />
FAILED!<br />
Leighton’s subsidiary, John<br />
Holland Constructions has failed<br />
in its case against the CFMEU for<br />
inciting and causing strike action<br />
at its Worsley operation south of<br />
WA following the dangerous<br />
collapse of a giant crane boom in<br />
January 2010.<br />
Holland’s had charged the union<br />
under the BCII Act which carries<br />
maximum penalties to the union of<br />
up to $110,000 and $22,000 for each<br />
union official involved. CFMEU<br />
Assistant Secretary Graham Pallot<br />
and Organiser Troy Smart were both<br />
charged for inciting the strike. The<br />
workers had genuine fears for safety<br />
procedures resulting from the<br />
accident, which led to a volatile<br />
situation. The union and its officers<br />
had to travel to the site to hold a<br />
meeting advising the workers not to<br />
strike, according to CFMEU State<br />
Secretary Kevin Reynolds. “Our<br />
advice to the workers was to go<br />
back to work and go through the<br />
normal safety and dispute<br />
procedures. Around 51 workers<br />
walked off the job and Holland’s<br />
thought they would get a free kick<br />
under the BCII Act by blaming the<br />
union and going for maximum<br />
penalties. Holland couldn’t even<br />
prove that any of those 51 workers<br />
were at the meeting.”<br />
Joe McDonald with ACTU President Ged Kearney on a recent visit to Perth.<br />
Justice Barker said he was satisfied that the union had not acted to incite or<br />
vote up a strike action. Holland’s also withdrew a damages claim against the<br />
union resulting from an article in the Collie Mail.<br />
POLICE DROP CHARGES AGAINST McDONALD. AGAIN.<br />
Joe McDonald has had charges dropped in accordance with failing to obey a<br />
police move on notice at Queens Riverside Apartment complex on 4 July <strong>2011</strong>.<br />
A statement issued from the consultant state prosecutor, Brent Meertens says;<br />
Having carefully considered the evidence, I have reached the view that<br />
there are no reasonable prospects of conviction and the charge of failing<br />
to obey an order given by an officer will be discontinued.<br />
McDonald says: that police ‘move on notices’ are now being handed out like<br />
confetti.<br />
There’s more than an element of the old Section 54b law that applies to move<br />
on notices, in relation to using these notices to stop people gathering to meet<br />
in the course of trying to carry out their job.<br />
This is the second move on notice in as many months which have been<br />
dropped against McDonald.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 37<br />
CFMEU
S A F E T Y W AT C H<br />
With Steve McCann<br />
GLASS SHATTERS WORKERS LEG:<br />
BOSS COPS $15,000 FINE!<br />
A company that installs aluminium<br />
and glass facades in buildings has<br />
been fined $15,000 after a labour<br />
hire worker's leg was fractured by<br />
glass panels.<br />
Access Alum Australia was fined in<br />
the Perth Magistrates Court after<br />
pleading guilty to failing to provide a<br />
safe workplace under a labour hire<br />
arrangement.<br />
In July 2009, Access Alum Australia<br />
hired workers to install aluminium<br />
and glass facades at the Sky<br />
Apartment complex in Perth.<br />
The glass was delivered to the site<br />
in a large wooden crate containing<br />
30 glass panels, each weighing<br />
about 56kg.<br />
The wooden crate was standing<br />
vertically and when it was opened,<br />
the front of the crate and the panels<br />
fell forward, pinning one of the<br />
labourers underneath them and<br />
fracturing his left femur.<br />
This should serve as a warning to<br />
labour hire companies to ensure<br />
that workplaces are safe for the<br />
workers to be sent to them.<br />
Steve McCann says:<br />
REPORT UNSAFE SITES NOW<br />
If you are working in unsafe<br />
conditions let us know and we’ll<br />
fix it – don’t put up with it one<br />
second longer than you have to. It<br />
could cost your life or the life of a<br />
workmate.<br />
Call or text me on 0488 102 297<br />
Email smccann@<strong>cfmeu</strong>wa.com<br />
and BE CFMEU SAFE!<br />
S A F E T Y H A R M O N I S AT I O N<br />
With Mick Buchan<br />
Gillard makes safety weaker in WA<br />
The Gillard government is allowing Western<br />
Australia to be exempt in five areas of the<br />
Harmonisation of National Occupational Health<br />
and Safety Law.<br />
Those areas are;<br />
• Maximum penalties for serious breached of workplace<br />
laws in WA will be less than those in every other state.<br />
Under the Harmonised laws, the maximum penalty<br />
which can apply to an employer will increase to<br />
$3 million; while in WA the most an employer can be<br />
fined will be about half that amount.<br />
• No third party right to prosecute. Under WA law, if<br />
WorkSafe choose not to pursue an employer, then it’s<br />
case closed.<br />
• No right of entry under Occupational Health and Safety<br />
Law, provisions will remain under the state Industrial<br />
Relations Act<br />
Glasses<br />
are on but<br />
she’s blind<br />
to better<br />
WA safety.<br />
• WA will be the only state where properly trained Health<br />
and Safety Representatives will not be able to direct<br />
work to stop when they see a serious and imminent<br />
safety problem.<br />
• Protection against discrimination for raising health and<br />
safety issues with your employer will be significantly<br />
weaker in WA than in every other state.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 39<br />
CFMEU
O F F C U T S<br />
With Joe McDonald<br />
Keeping member’s up to date with news<br />
from around the country...<br />
LEIGHTON’S SAY TOO MANY<br />
DEATHS.<br />
Here’s one for your file. Stephen<br />
Sasse, head of Organisational<br />
Strategy at Leighton’s has come out<br />
in print and said that there are too<br />
many deaths on Construction sites.<br />
Our death rate is almost twice that<br />
of the UK and trending up. We don’t<br />
suppose the advent of the ABCC<br />
has had anything to do with that<br />
figure?<br />
ARE YOU MISSING OUT ON<br />
THOUSANDS OF DOLLARS?<br />
William Hodge worked for the same<br />
bricklaying company six days a<br />
week for 11 years, yet did not see a<br />
cent in superannuation. The 37-<br />
year-old brickie's labourer, who<br />
claimed he was sacked when he<br />
raised the issue with his employer,<br />
DMW Bricklaying Services, also<br />
missed out on other entitlements<br />
including holiday pay, sick pay,<br />
overtime and penalty rates. Through<br />
the Construction, Forestry, Mining<br />
and Energy Union, Mr Hodge, a<br />
Campbelltown father of three,<br />
claimed about $70,000 in unpaid<br />
superannuation from DMW Brick<br />
laying Services and its director,<br />
Darren Mathew Williams, which<br />
employed him under an Australian<br />
Business Number.<br />
If you’re getting ripped off<br />
contact our office on 9221 1055.<br />
ABCC LEAVES FOUL TASTE IN<br />
MOUTH<br />
A federal magistrate has rubbished<br />
an Australian Building and<br />
Construction Commission<br />
case, brought against two<br />
union officials for swearing, as<br />
a “waste of public funds”.<br />
NSW CFMEU State Secretary,<br />
Mal Tulloch slammed the whole<br />
charade. “The judge confirmed what<br />
we’ve always known, that the ABCC<br />
is an absolute waste of taxpayer’s<br />
money. They have been given<br />
millions to try and change the<br />
culture of the building industry and<br />
the best they can do is to ping two<br />
of our union officials for swearing.<br />
It’s a disgrace and the government<br />
should abolish it now.”<br />
Who the f___ am I to disagree?<br />
APPRENTICESHIP WAGES<br />
Apprentice carpenters, electricians<br />
and plumbers surviving on povertylevel<br />
wages have won the Gillard<br />
Government’s backing for a boost<br />
to their pay. Workplace Relations<br />
Minister Chris Evans admitted the<br />
low wages paid to first and<br />
SOLIDARITY WITH OUR QUEENSLAND BROTHERS.<br />
second-year apprentices were a<br />
"barrier" to encouraging young<br />
people to take up a skilled trade.<br />
The Government would make a<br />
"very strong submission" to Fair<br />
Work Australia when the industrial<br />
umpire started an inquiry into<br />
apprenticeship wages, he said.<br />
Employers are expected to resist.<br />
Our comment: It would be better<br />
if the federal government canned<br />
the ABCC and put some of their<br />
huge annual budget towards<br />
paying apprentices more and<br />
creating more training<br />
opportunities.<br />
WA workers show there support for QLD brothers and sisters<br />
Laing O’Rourke in QLD withdrew from negotiations on new EBA – so we<br />
decided to rally outside their Perth office and give them the message to<br />
negotiate in good faith. We’ll see a lot more national solidarity in support of<br />
various sate issues in the future.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 41<br />
CFMEU
Local<br />
assistance<br />
when you<br />
need it<br />
At Cbus, we want our members to have someone they can speak to face<br />
to face, to answer any questions and explain the ins and outs of super.<br />
Allan Hughes is based in our Perth office and is here to answer any<br />
questions you may have about your Cbus membership.<br />
Contact Allan:<br />
Call 9463 3942 or<br />
0419 939 071<br />
You can also arrange for Allan to<br />
come and visit you on site.<br />
Cbus’ Trustee: United Super Pty Ltd ABN 46 006 261 623<br />
AFSL 233792 Cbus ABN 75 493 363 262.<br />
Read the Cbus Product Disclosure Statement to decide whether Cbus is right for you.
U N I O N N E W S<br />
With Joe McDonald<br />
Workmates rally<br />
around fire victim<br />
CBD CFMEU Organiser Matt Watters, left,<br />
with a grateful Paul Milton.<br />
Travel insurance saves<br />
member $6000!<br />
CFMEU member David Cunningham, a carpenter on Raine Square, flew<br />
back to Scotland for a holiday earlier this year and was happy to learn<br />
that as a financial member he got free travel insurance. Little did he know<br />
then, how lucky he was going to be. While in Scotland his wife Jacqueline<br />
stumbled on a kerb and dislocated her knee, just before they were to fly<br />
back to Perth. The hospital said her leg had to be in an extended position<br />
on the long journey home. The only way to ensure this, was for Jacqueline<br />
to fly Business class, giving her leg the room needed. The extra cost of a<br />
business class seat was $6000, all of which was covered by the free<br />
CFMEU Travel Insurance.<br />
Right: David Cunningham – Member Travel Insurance saves him $6000!<br />
One of the great things about being a CFMEU<br />
member is that when things get tough or life<br />
deals you a bad hand, our members are always<br />
willing to step in to help. Such was the case<br />
with Paul Milton a carpenter on the Raine<br />
Square job in the city.<br />
Paul’s home was broken into by burglars and<br />
just for good measure they set fire to his house<br />
before they left. Paul and his family, including<br />
two young kids – a baby boy just 20 months<br />
and a 5 year old boy lost everything.<br />
When the crew on Raine Square found out,<br />
they immediately whipped into action and<br />
raised a total of $4,500 to help Paul and his<br />
family get back on their feet.<br />
Paul was overwhelmed by the generosity of his<br />
fellow union members and crew. He would<br />
especially like to say thanks to Global Hi-Tech,<br />
Yuanda, Peter Spencer, Peter Ballard, Ben<br />
Matthews, Clint Reynolds and all the boys on<br />
Raine Square who chipped in. THANK YOU!<br />
BE PAID UP AND PROUD Join the CFMEU now!<br />
SEE OUR WEBSITE FOR GREAT MEMBER BENEFITS www.<strong>cfmeu</strong>wa.com<br />
CHECK OUT OUR FREE TRAVEL INSURANCE AND MORE.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 43<br />
CFMEU
C I T Y R O U N D U P<br />
With Matt Waters and Peter Joshua<br />
C2 and city work reaching new heights<br />
Alan Williams and the crew doing a great job.<br />
C2 has reached new heights with<br />
the tower completed when the<br />
Universal rigging crew erected a<br />
33M steel structure to the top of the<br />
47 storey high building (look out<br />
Dubai, Perth’s on the map!)<br />
On the heritage side, with the old<br />
West Australian building in the<br />
Terrace, delegate Alan Williams is<br />
doing a fantastic job making the old<br />
look new. The whole crew at C2 has<br />
done a sensational job getting it to<br />
this stage.<br />
With still no news on the finalisation<br />
of the Melbourne Hotel, Cooper and<br />
Oxley are almost finished at the<br />
Mercedes College site after they<br />
came in half way though and picked<br />
up the pieces from a company called<br />
Sizer.<br />
With the end of the year rapidly<br />
approaching, things are looking up<br />
for workers around town with future<br />
work including Holland’s sinking of<br />
the railway. The first steps of<br />
construction sees demobilisation of<br />
the old pedestrian footbridge.<br />
Jamac have started a 4-storey office<br />
block in West Perth where Crown<br />
will be doing the formwork.<br />
Preserving the past –<br />
old media relics moved<br />
to Osborne Park<br />
Just down the road at Parliament<br />
Place PACT are doing a 4-storey<br />
office complex with GFWA<br />
undertaking the piling and Anchor<br />
Formwork and Leslie Concrete<br />
taking on the structure.<br />
Savcor Finn has started work on the<br />
old State Library with ScaffWest and<br />
Wroxton re-doing all the old<br />
brickwork.<br />
Over in Northbridge on Pier Street,<br />
Broad is starting demolition to make<br />
way for Leighton’s new HQ, a job<br />
worth in excess of $80 million.<br />
On Wellington Street, Brajkovich<br />
Demolition have taken a massive<br />
chunk out of the old Perth<br />
Entertainment Centre, with demo to<br />
be completed by the end of<br />
November. This will provide 5.6<br />
hectares of land for residential and<br />
retail development once the rail line is<br />
sunk.<br />
So all in all, there’s plenty of work<br />
happening in the foreseeable future.<br />
Perth Arena has had problems with<br />
mould (see story this issue).<br />
Stay strong, paid up and proud.<br />
All the way with the new EBA!<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 45<br />
CFMEU
SOUTH METROPOLITAN REPORT<br />
With Mark Hudston<br />
Thanks to the union, workers have<br />
top class amenities like these<br />
today at Fiona Stanley Hospital<br />
Fiona Stanley Hospital is<br />
changing to more of a<br />
finishing trades site as most<br />
of the building works are<br />
approaching completion.<br />
CASC, D&Z and Form 700 have all<br />
started lay offs and New Wave has<br />
moved some workers to other sites.<br />
The ceiling and wall companies are<br />
building up with Ceilcon having<br />
about 130 workers on site (ceiling<br />
and wall fixers, flushers looking for<br />
work should try Ceilcon, WACI’s or<br />
Nuceil). Global Windows have laid<br />
some workers off as Block A comes<br />
closer to an end. The new amenities<br />
at Camp 3 would have to be the<br />
best I have ever come across with 3<br />
canteens now open.<br />
The members on site now, around<br />
800, are eager to get stuck into the<br />
next round of EBA’s due in<br />
November. The delegates on site<br />
are presently pursuing discussions<br />
and negotiations with all the<br />
companies on behalf of the<br />
members. Like all Perth suburbs a<br />
lot of jobs are coming to an end and<br />
the south west suburbs are no<br />
different. The only new site of any<br />
size due to start around Christmas<br />
will be the CSBP site, if all the<br />
rumours are to be believed.<br />
Down on the strip, CSI are working<br />
at the Port end of the Carina Iron<br />
Ore site and have tried to have a<br />
agreement voted up (put forward by<br />
the company). I am eager to see if<br />
the workers on site vote it down.<br />
When I last had discussions with our<br />
members on site the indication was<br />
that they weren’t copping the<br />
companies line. As one of the<br />
workers said “the rates aren’t even<br />
close to what I got on the last union<br />
agreement” and after checking I<br />
agree. They were a lot lower than<br />
the last site he was on (Kwinana<br />
Power Station).<br />
AMC looks full, with a lot of work<br />
being done for the Gorgon project at<br />
the Henderson site. Leighton’s<br />
members are telling me that the<br />
money is now better since Leighton’s<br />
saw the light and started to pay a<br />
travel allowance on site. They have<br />
also increased the hours. Now all the<br />
members are looking for is a pay out<br />
of their sick days not taken,<br />
severance and PIP when they leave.<br />
Leighton’s barge crew bound for<br />
Gorgon have had their own<br />
problems, but some of the issues<br />
have been fixed after meetings at<br />
the ship and dock.<br />
Any member having any issues in<br />
the South Metropolitan suburbs<br />
can contact Mark Hudston on<br />
0419 812 864.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 47<br />
CFMEU
O F F S I T E A R E A S<br />
With Aaron Mackrell & Pat Heathcote<br />
Call us now to visit your area<br />
It’s been a while since we’ve had a<br />
dedicated yard/off site area organiser<br />
but now there are two! It may also<br />
have been a while since members in<br />
these yards and off site areas have<br />
been visited by an organiser but we<br />
want you all to know that we are<br />
doing our best to get around to<br />
everyone as quickly as we can.<br />
Our focus over the last few months<br />
has been the Health Department and<br />
Local Government.<br />
We are currently negotiating new<br />
agreements for the Perth, Fremantle,<br />
Stirling, Wanneroo and Joondalup<br />
Shires, alongside the Local<br />
Government Union to get the best<br />
outcome for our members across<br />
Perth metro shires.<br />
The Health Department are about to<br />
begin their negotiations for a new<br />
EBA and are hoping for a better offer<br />
than the previous agreement.<br />
As these negotiations continue we<br />
will be visiting all the metro hospitals<br />
and some of the country and<br />
regional health centres including<br />
Northam, Narrogin, Katanning,<br />
Albany, Bridgetown, Manjimup and<br />
Busselton, further cementing our<br />
creed of being the union that shows<br />
up!<br />
If you haven’t seen either of your<br />
organisers yet give, us a call and<br />
we’ll arrange a time to come and<br />
visit. Remember, that the more<br />
members we have in your workplace<br />
the more power you have to better<br />
your wages and conditions. Workers<br />
who stick together, win together!<br />
Call Aaron on 0403 432 221 or Pat<br />
on 0459 135 033.<br />
NORTHERN SUBURBS ROUND UP<br />
With Seamus Byrne & Matt Balde<br />
It’s business as usual in the northern<br />
suburbs with many jobs nearing<br />
completion.<br />
Scarborough will soon become a<br />
hive of activity with three potential<br />
projects due to begin by the end of<br />
the year.<br />
These projects are a mix of retail<br />
and residential with the White Sands<br />
Development, the long overdue<br />
refurbishment of the Observation<br />
City Hotel and another new<br />
apartment complex further north<br />
Scarborough on the move<br />
along West Coast Highway.<br />
However, the start date of these<br />
projects will depend on projected<br />
sales so watch this space!<br />
It’s still full on down at QEII Medical<br />
Centre with Probuild about to start<br />
the carpark. This is alongside the<br />
BGC Cancer and Pathology<br />
Centres, Doric’s WAIMR Facility and<br />
Brookfield Multiplex’s Central<br />
Energy Plant. In the Nedlands area<br />
Probuild will soon start construction<br />
on new and upgraded student<br />
accommodation facilities at UWA.<br />
Further North there is work in and<br />
around Subiaco with Merit<br />
Constructions building a new office<br />
for REIWA on Hay Street and<br />
another small development on<br />
Troode Street. Heading west into<br />
Jolimont, Badge Constructions<br />
have begun work on a new aged<br />
care facility. Over in Oxford Street<br />
Leederville Diploma are a starting a<br />
new unit development for Perth’s<br />
homeless population.<br />
Pindan’s construction of the Butler<br />
Senior High School is underway as<br />
well as the continuation of the<br />
northern train line.<br />
That about wraps things up for the<br />
Northern Suburbs,<br />
If you are working in this area and<br />
want to join the union or are a<br />
member needing assistance call<br />
your Organisers Seamus Byrne<br />
on 0419 812 866 and Matt Balde<br />
on 0405 081 874.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 49<br />
CFMEU
S O U T H W E S T R E P O R T<br />
With Troy Smart<br />
It’s a disgrace that union officials<br />
have no decent meeting places to<br />
discuss issues with workers – we<br />
should have decent amenities on all<br />
sites in the 21 century.<br />
The Worsley project is starting to<br />
wind down with the project coming<br />
to its inevitable conclusion.<br />
Unfortunately this also means lay<br />
offs are happening with workers<br />
working out their week’s notice.<br />
It’s a shame they don’t pay out the<br />
weeks in lieu. With BHP earning $22<br />
Billion dollars profit last financial<br />
year you would think there’s no<br />
shortage of money to reward the<br />
blokes for a job well done by letting<br />
them go early with some extra dosh<br />
in their pockets.<br />
Workers would then have more time<br />
to find a new job without the stress<br />
and financial pressure that comes<br />
from looking for work in between<br />
projects. If not forthcoming, the<br />
workers need to remember that one<br />
weeks notice is all that’s required to<br />
leave the job.<br />
The power station project is going<br />
along smoothly now that AEE have<br />
left and Thiess have taken over. It’s<br />
now due for completion by mid next<br />
year.<br />
Boddington is all finished with LOR<br />
having to back pay all the night shift<br />
workers for their 20 minute<br />
afternoon breaks – LOR should have<br />
read the agreement!<br />
Kemberton seem to making slow<br />
progress with engineers on the<br />
project saying the structural steel is<br />
not rated enough for pipe supports<br />
to hang off the buildings, more<br />
bracing is needed. Go figure –<br />
you’d think they get it right first<br />
time!<br />
Worsley- Union<br />
organisers say:<br />
Where’s our<br />
amenities?!<br />
The structural steel was imported<br />
but quality didn’t come with it. They<br />
should support local content and<br />
use steel products that are made<br />
here to proper standards!<br />
Down in Albany, John Holland are<br />
doing the hospital with Advance<br />
Formwork and Dependable Steel<br />
Fixing, all slugging it out in the lovely<br />
Albany weather.<br />
The next stage of the Desal plant<br />
starts soon and we are waiting to<br />
see who the builder will be, there will<br />
be an estimated 400 jobs up for<br />
grabs once it gets underway.<br />
The Urea Plant is in a holding<br />
pattern due to court battles over<br />
price and supply of coal delaying<br />
the start. Watch this space to see<br />
what happens.<br />
The CFMEU, the union that shows<br />
up!<br />
Wherever you work in the greater<br />
South West, if you need to see the<br />
union give me call on 0419 812 871<br />
and we’ll get to your site.<br />
REMEMBER: Stay financial – be paid up and proud.<br />
Call Troy Smart on 0419 812 871<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 51<br />
CFMEU
M I D W E S T R E P O R T<br />
With Mark Hudston<br />
At the Karara mine site which is<br />
an iron ore mine 300+kms from<br />
Perth and about 270kms east<br />
out of Geraldton, there isn’t<br />
much action unless you’re one<br />
of the bosses that recently got<br />
the flick.<br />
The steel has finally started to arrive,<br />
but it’s for the top not the bottom<br />
gear. The members still believe they<br />
can put it up as soon as the sky<br />
hooks arrive.<br />
AGC are now on site and will be<br />
looking to increase their numbers of<br />
about 90 on site (total workforce<br />
600+). Any members looking for<br />
work should call AGC now as they<br />
will be recruiting.<br />
The jobs R&R cycle is 16 & 5 and<br />
they are targeting WA based<br />
workers. Kilarnee have left the site<br />
with a number of our members<br />
coming to us to having their final<br />
payments scrutinised. And surprise,<br />
surprise, it’s beginning to look like<br />
there are a number of errors in the<br />
employers favour! If you are a<br />
former employee and a member<br />
give me a call and I will gladly chase<br />
Oakajee: Pressure is on Barnett to make it happen<br />
up any discrepancies. A number of corner on Karara’s port site,<br />
employers out there have forgotten Wearsides crew are powering along.<br />
to pass on the site allowance A change in a manager there makes<br />
increase but we are on to them.<br />
The latest union agreements done<br />
on site have given the workers two<br />
all the difference it would seem.<br />
Lange O’Rourke are about to lay<br />
more workers off as their contract<br />
half hour breaks (morning and nears an end.<br />
lunch) plus a 20 minute crib break<br />
after 8 hours. A new standard for<br />
The Oakajee port and rail job seems<br />
to have dropped off the radar and a<br />
iron ore jobs.<br />
lot of Geraldton people are<br />
Geraldton building work has beginning to say it’s another<br />
slowed to a trickle with the only<br />
new site being the long waited<br />
Kingstream – a job talked about for<br />
years that never started – that cost a<br />
Marina Apartments being lot of locals money on.<br />
constructed by local builder Colin Barnett needs to earn his<br />
Crothers.<br />
money and get this job up and<br />
WA structures are doing the running!!<br />
formwork on that one.<br />
The silos site is still plodding along<br />
with no major issues. Around the<br />
Want more information on jobs in<br />
the Mid West? Give me a call on<br />
0419 812 864.<br />
Asbestos<br />
Can you help?<br />
Did you work, or do you know of anyone who worked, at:<br />
Robbins Concrete, Beazley Homes or Readymix in Tom Price in the late 1960's?<br />
If you can assist, please contact:<br />
Simon Millman, Tricia Wong or Luisa Dropulich on (08) 9223 4800.<br />
www.slatergordon.com.au<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 53<br />
CFMEU
G O L D F I E L D S R E P O R T<br />
With Mark Hudston<br />
Goldfield Cranes members have<br />
received their pay increase of 7.6%<br />
along with a 25% increase in their<br />
travel money which brings them<br />
closer to other Crane Operators in<br />
the Goldfields.<br />
While the members are still behind,<br />
the gap between them and the other<br />
companies is closing with the<br />
difference now being in the<br />
allowances.<br />
There have been a number of shut<br />
downs been done in the last few<br />
months and any one looking to do<br />
shuts in the Goldfields should<br />
contact Goldfields Crane Hire who<br />
are always on the look out for Crane<br />
Operators and Riggers.<br />
Murrin Murrin has also had some<br />
shut downs, as well as on-going<br />
maintenance work that our<br />
members carry out. On my last visit<br />
to site the members let me know<br />
about a close call one of the crane<br />
operators had on site. When doing<br />
regular maintenance, a pipe was cut<br />
into, releasing a explosion that hit a<br />
crane with the operator inside the<br />
cab. The crane operator was lucky<br />
this time, but everyone should<br />
realise how dangerous operating<br />
plants can be and how totally<br />
different operating plants are on<br />
Greenfields sites.<br />
The construction works at MT Keith<br />
are coming to an end. The first new<br />
substantial gold mine in the<br />
goldfields for many years is due to<br />
start, but is a hell of a hike from<br />
Kalgoorlie. It’s called Tropicana and<br />
the CFMEU will be looking for a site<br />
agreement on it. Freo’s may have<br />
some initial work on the mine<br />
bringing in the fly camp. Cooper and<br />
Oxley are about to commence work<br />
on the Court House refurbishment<br />
while Pindan are about half way<br />
through the Hospital job.<br />
Merridan has seen the wind farm<br />
completed and the members with<br />
Saren’s Cranes have moved onto<br />
other jobs. A new site has started in<br />
town, the CTEC Power Station site<br />
and I have completed a site<br />
agreement for it.<br />
CSI are constructing an Iron Ore<br />
mine at Carina with Form Action<br />
doing the concrete works on site.<br />
The agreement is not the best (not a<br />
CFMEU agreement) and CSI forgot<br />
to pay Portable Long Service Leave.<br />
I am working on getting that fixed.<br />
Any members wanting to know<br />
about work in the Goldfields<br />
can give Mark Hudston a call on<br />
0419 812 864.<br />
INSIDE THIS ISSUE:<br />
Your legal advice<br />
card. Don’t lose it.<br />
Slater and Gordon is your union lawyer and they have<br />
produced a special card for members when who need<br />
legal advice. You never know when a lawyer is going to<br />
come in handy, so keep this card in your wallet, purse, or<br />
vehicle glovebox. When you need advice on legal issues<br />
such as Family Law, Criminal Law, Workers<br />
Compensation, Motor Vehicle Injury Claim, Workers<br />
Compensation and other areas of law call the union for<br />
your referral – for union members their spouse and kids.<br />
Don’t lose it. Keep it handy.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 55<br />
CFMEU
VA L E<br />
With Graham Pallot<br />
Peter De Ruyter R.I.P.<br />
What can we say about a man who gave so much of his life to helping others live theirs?<br />
Peter De Ruyter sadly passed away with a condition this industry knows only<br />
to well, mesothelioma.<br />
Peter was a construction industry worker most of his life. A life cut far too<br />
short but one that will long live on in the skills, wisdom and knowledge he<br />
passed on to many workers he helped to train at the Construction Skills<br />
Training Centre.<br />
Many of our members probably trained under Pete’s guidance at the CSTC,<br />
where he had an ever present smile and sharp eye for doing things right.<br />
He was more than a builder of things. He built a family, friendships,<br />
relationships, and along the way a reputation as one of nature’s true<br />
gentlemen.<br />
Peter believed in the working rights of others and that dignity, opportunity<br />
and a way forward came from workers standing together and helping each<br />
other.<br />
We stand with Peter’s family now and share their heartbreak and sadness.<br />
We’ll miss you Pete and always remember you.<br />
Our sincere condolences to Lynn and family<br />
Further information on mesothelioma www.asbestosdiseases.org.au<br />
Steve Alderson’s family says thanks<br />
Our member Stevie Alderson was sadly taken from us earlier this year. His Mum Pat and his family sent<br />
a note of thanks to all the crew who supported them after his passing – this is what it said in part.<br />
“Both Brian, myself and our two sons, Mark and James, thank you all for your kindness, generosity<br />
and strength of love and will always appreciate how you took us in as your extended family from our<br />
very first meetings.<br />
We would like to mention especially all SLH - FIONA STANLEY<br />
HOSPITAL, SLH - RAINE SQUARE, SLH - CITY SQUARE, CAPE<br />
SCAFFOLDERS, CFMEU - EQUUS and all who made donations.<br />
I’m not so naive as to think every single person who met Stephen felt<br />
great about him. I’m sure there will have been disagreements,<br />
expletives and the rest just as there are in any family. They were part<br />
of a life and they now rest in history and as we forgive, let go and<br />
move on with our lives.<br />
Our thanks go to all who made it possible for us to go up to the top of<br />
the building on the Brookfield construction site in Perth. We were able<br />
to see where Stephen had been currently working prior to his bike<br />
accident and death.”<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 57<br />
CFMEU
U N I O N N E W S<br />
With Mick Buchan<br />
If there’s<br />
only one book<br />
you ever read,<br />
make sure it’s<br />
this one!<br />
IF YOU DON’T FIGHT YOU LOSE,<br />
FIND OUT THE REASONS WHY.<br />
OUT SOON<br />
IT’S YOUR HISTORY, YOUR<br />
STORY, YOUR FUTURE.<br />
TALK ABOUT IT: ARGUE IT: DEBATE<br />
IT: BUT MOST OF ALL, READ IT!<br />
Rank and File Farewell<br />
Drinks for Kevin Reynolds<br />
DECEMBER 14TH MEMBERS MEETING<br />
AT THE CSTC RADIUM STREET WELSHPOOL<br />
4.30- 7.30 PM<br />
FOOD AND DRINKS PROVIDED<br />
Hear Kevin’s last address to the members as WA State<br />
Secretary. It’s your chance to say thanks and farewell to<br />
Kevin after representing the workers for 40 years.<br />
Don’t drink and drive. Organise a skipper or pick up.<br />
Construction Worker – <strong>Spring</strong> <strong>2011</strong> Page 59<br />
CFMEU
P E T E ’ S PA G E<br />
With Peta Arnold<br />
TEAMSTERS:<br />
TRUCKIN’ FANTASTIC<br />
The teamsters in the USA are a union with a proud<br />
militant history- much like our own. Have a look at<br />
the way they dressed up their campaign truck at a<br />
recent rally in the USA to support their public<br />
services. They use this truck as a one stop office and<br />
campaign HQ – A big semi with a Eureka flag on it<br />
would look just as awesome don’t you think?<br />
LES DARCY RETIRES<br />
Les Darcy with Kevin Reynolds<br />
who signed him up in ’72.<br />
Contrary to popular belief Bob Olsen didn’t get every<br />
ticket in the old days. Steel fixer Les Darcy has<br />
retired. Les remembers being signed up to the union<br />
by a young organiser called Kevin Reynolds in 1972,<br />
the year they both started in the union – and they<br />
have both been a part of the union all through those<br />
years. Les has applied for honorary membership.<br />
Good luck in your retirement Les.<br />
WAGES<br />
RISES<br />
Have a look at<br />
these wage rates<br />
from 1978. We’ve<br />
come a long way,<br />
thanks to the union<br />
and its members<br />
taking up the fight<br />
for better wages<br />
and conditions.<br />
******<br />
Collectors<br />
Item<br />
$20<br />
******<br />
AUTHENTIC UNION GEAR<br />
We have plenty of Top Gear in stock. Come in to our<br />
office from 7.30 - 5pm, see your union organiser or<br />
site delegate. Grab a John “CUMMO” Cummins shirt<br />
– a collector’s item while stocks last, for just $20!<br />
Claire proudly shows<br />
off her GOLD medals to Kevin Reynolds.<br />
Claire brings home GOLD!<br />
CFMEU sponsored female boxer Claire Boxer did herself,<br />
the union and her profession proud by bringing home<br />
GOLD at the prestigious Presidents Cup tournament in<br />
Indonesia. Claire also won best overall boxer at the entire<br />
tournament. Well done Claire, you’re a knockout and we<br />
wish you well in your fight to represent Australia at the<br />
Olympics. If you don’t fight, you lose!<br />
Page 60 Construction Worker – <strong>Spring</strong> <strong>2011</strong>