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Spring Issue 2011 - cfmeu

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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


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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>

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