Unity Issue 53, June 2011

UNITY
Registered
by Australia
Post Publication
Print Post No:
243184/00011
OFFICIAL JOURNAL OF THE CONSTRUCTION FORESTRY MINING & ENERGY UNION (CONSTRUCTION & GENERAL DIVISION) NSW BRANCH
JUNE 2011
FIGHT
BACK
HOW A SHAM
CONTRACT
ALMOST COST
DANIEL
HIS HOME
WWW.TAYSCOT.COM.AU
TAYLOR&SCOTTLAWYERS
SAFETY CHUTE IN
ANKLE INJURY
you just can’t do without them.”
Alan’s accident was the result
of an all-too-common problem
at a lot of building sites because
it involved a missing safety rail.
What was less common, but,
unfortunately, today is becoming
the norm, was the fact Alan was
an independent contractor on site,
BECAUSE OF THE WAY HE WALKS
since the fall, Alan Sly wears out the
left side of his left boot quicker than
ever.
“I can’t run to play with my
grandkids, either, like I used to; so
I like to get down on my knees and
wrestle with ’em that way,” he says.
“You just gotta make do the best
way you can.”
Alan was inspecting a site with
a builder at a block of units in
Sydney’s south, when he hauled an
extension ladder up to the mezzanine level to get a better look at the
roof. But, tragically, there were no
rails on the mezzanine level, and,
when Alan lost his balance, nothing
stopped him falling six metres on
to concrete.
Oddly, though the builder was
with him when he went over the
edge – pushing the ladder away so
that it didn’t fall on him – a lot of
time passed before anyone arrived
down below to offer assistance.
“I lay there and the first thing
I did was pull out my phone and
call my wife,” Alan says, “I was
still there talking to her when the
plumber found me. All I could
think about was how was I going to
get up and how was I going to do
anything.”
It was after that that the builder
turned up with ice packs for Alan’s
broken ankles. And when these
proved ineffective, Alan was taken
to hospital in a ute and left there.
“The doctors told me I had parachute ankles, which is an old war
injury from when parachutes didn’t
open properly,” Alan says of his
crushed ankles.
Although he hasn’t tested it out
yet, Alan’s pretty certain he’ll be able
to set off metal detectors at security
checkpoints with the amount of
plates and screws he’s got holding
his ankle bones together; he’s had
three operations on one side and
two on the other, and the pain never
goes away. “I try not to rely on the
pain killers too much,” he says,
“because I don’t like the way they
cloud my thinking, but sometimes
“THE DOCTORS
TOLD ME I HAD
PARACHUTE
ANKLES, WHICH IS
AN OLD WAR
INJURY FROM
WHEN PARACHUTES DIDN’T
OPEN PROPERLY,”
which left the question of who was
actually liable, legally, less obvious
than it otherwise might have been,
had Alan been an employee.
“In the end we brought the
action against three separate parties,” says Simon Meigan, the
solicitor at Taylor & Scott who handled Alan’s case.
“Due to the harsh laws regard-
ing damages you can recover
suing your employer, we had to
look at other parties on site as it
meant Alan would receive more
money.”
Independent contractors,
according to Australia’s Statistics
Bureau, are most likely to be operating a business in the construction industry, with more than 41
per cent of all independent contractors working in construction, in
2008. Almost two-thirds of those
are employed as technicians and
trade workers, and another 17 per
cent as labourers.
“The number of independent
contractors is increasing all the
time and Alan’s case shows us how
important it is for anyone injured
on site to get good legal advice so
they can be properly looked after,”
Simon says.
“This is particularly the case for
independent contractors, because
there may be other entities on
site that you may be able to claim
against.”
As it turned out, Alan’s matter
settled out of court with a good
result and though his ability to get
around is less than it was, he’s not
out of pocket for the massive medical bills he’s accrued getting his
injuries treated. With all of those
worries out of the way, he says he
doesn’t mind so much about the
extra wear on his left boot.
EXPERIENCE YOU WANT ON YOUR SIDE
Taylor & Scott Lawyers have been fighting
for the rights of CFMEU members for more
than 60 years, getting members the compensation they deserve Our team of experienced lawyers will provide legal advice at
discounted rates to all members and their
families. Whether its advice on compensation,
conveyancing, family law, wills/estates
or criminal matters, we’re here to help
you. Offices located in the City, and at
Lidcombe, Wollongong and Newcastle.
Level 2,
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287 Elizabeth Street
Sydney NSW 2000
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Ground floor
1 Lowden Square
Wollongong
NSW 2500
T: (02) 4227 2344
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Level 2,
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12 Railway Street
Lidcombe NSW 2141
T: (02) 8737 4500
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Tonella Commercial Centre
Cnr Bull & Ravenshaw Street
Newcastle NSW 2300
T: (02) 4929 6777
F: (02) 4926 5109
FREECALL 1800 880 777
CALL 1300 426 676
EDITORIAL
SHAME THOSE
THAT SHAM
THE CFMEU’S NATIONAL
crackdown on sham contracting in the building industry is
about ensuring safety on sites
and protecting your wages and
conditions.
The union’s report into
the growing practice shows
it is creating a “race to the
bottom” in wages and conditions and driving decent
bosses out of business. It
is also costing the Federal
Government, and therefore
the Australian community,
$2.45 billion a year in unpaid
taxes –money that could be
spent on public services.
The CFMEU is determined
to end this appalling practice. It
is negotiating with big builders
to ensure legal entitlements
and wages are paid by the
sub-contractors they engage.
The union has also held talks
with the Federal Government
to have companies involved in
sham contracting heavily fined
if caught.
But many workers may be
sham contracting and not realise it. Sham contracting happens when a company signs
up workers and requires them
to work under an ABN.
But if a worker only works
for one employer and they
determine shifts and jobs, then
JUNE 2011
ISSUE 53
YOUR UNION
ENTERPRISE AGREEMENTS
STOP THE SHAM
ELECTION 2011
OHS
that worker is an employee.
Claims ABN work will earn
you more money are a lie –
construction workers are ripped
off on legal entitlements such
as superannuation, holiday
leave and workers’ compensation as well as having to work
on public holidays and during
inclement weather.
That means if an ABN
worker is injured at work they
may have no protection as it
will be a lot harder to prove you
are an employee not a contractor. The only people that benefit from sham contracting are
the dodgy bosses.
Sham contracting threatens
the industry and the standards
union members have hard-won
over decades. You can help by
shaming those who sham.
If
sham
contracting
affects you or someone you
know contact your local
CFMEU Organiser by calling
02 9749 0400.
This is your journal and the CFMEU encourages you to have your say. We welcome your
contribution – letters, stories about wage claims, disputes, OHS, site conditions, poems, photos etc.
Mark for the attention of Dani Cooper: Unity File, Locked Bag 1, Lidcombe NSW 1825
tel 02 9749 0400 fax 02 9649 5255 [email protected]
DISCLAIMER: Advertising by a company in Unity does not
endorsement by the CFMEU of the practices of any employer/company.
any
way
constitute
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SUPERANNUATION
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DAY OF MOURNING
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MAY DAY
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AWARDS
23-26
MULTILINGUAL
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YOURUNION
POINT
C OUNTER
MARK CUNNINGHAM
SYDNEY COUNTER ORGANISER
When the CFMEU’s national campaign
against sham contracting hit the headlines in the nation’s media, it caused
more than a few workers to phone in.
AM I A SHAM
CONTRACTOR?
If your boss has asked you to work as an
independent contractor or ABN worker
(ABN is Australian Business Number) the
chances are you are working on a sham
contract. You are an employee if:
•
You work for a single company
•
Are told by that company when and
where to show up to work, when to
take breaks and what tasks you will
perform at work
•
Are employed by the company on
an ongoing basis and are generally
paid weekly or fortnightly for the
hours you work
•
Bear no commercial risk for the job,
which means the company has to
rectify any problems with the work
and you will still be paid for the
hours you work.
WHY SHOULD I CARE
IF I AM ON A SHAM
CONTRACT?
Employees on sham contracts miss out
on rights and entitlements such as sick
leave, holiday pay, long service leave,
overtime and penalty rates, redundancy
payouts, superannuation and worker’s
compensation. That means if you are
injured at work you will not be covered.
I AM WORRIED I WILL
LOSE MY JOB IF I
COMPLAIN. WHAT
SHOULD I DO?
Sham contracting may be rife throughout
the industry, but it is illegal. If you think
you are on a sham contract you should
speak up because YOU and your employer
are breaking the law. Importantly you may
be owed lots of money in unpaid superannuation and other benefits. To get the
best advice and protection contact the
union at Lidcombe on 9749 0400.
UNITY 4
F INANCIALREPORT
CFMEU CONSTRUCTION & GENERAL
DIVISION NSW DIVISIONAL BRANCH
FOR THE YEAR ENDED 31 DECEMBER 2010
The Construction, Forestry, Mining and Energy Union Construction & General Division - New South Wales
Divisional Branch financial report for the year ended 31 December 2010 is audited in accordance with the
provisions of the Fair Work Act. The Financial Report, including the Auditor’s Report and Statements,
together with certificates required to be given under the Act by the Accounting Officer and the Committee
of Management, is published on our website at: www.cfmeu-construction-nsw.com.au. A hard copy of the
financial report when published will be supplied by the union office free of charge to members on request.
N E W FA C E S
HE MAY NOT HAVE BEEN WITH US
LONG, but Safety Co-ordinator
Rick Rech has left a lasting legacy.
Rech, pictured far right, finished
up at the union on May 20 as a
result of a recurring knee injury.
However he rejects any suggestions he is retiring: “I don’t
intend to retire. I want to rehabilitate my knee so I can do selective
work and focus on issues I want
to get my teeth into.”
State Secretary Mal Tulloch
was full of praise for Rech, who
joined the union in following the
retirement of Dick Whitehead.
“You can’t replace someone
like Rick. He is a unique individual and is a genuinely competent and dedicated officer of
the union who worked in the
best interests of all building
workers,” Tulloch says. “He was
a valuable asset to the union and
brought a new professionalism
and imparted a lot of his integrity
to his fellow union officers.”
Along with the departure
of Rech, Charlie Boumelhem
has left the union for personal
family reasons after almost
three years working as an
organiser, particularly with Arabspeaking workers. Tulloch says
he forged strong ties between
the union and the Arabic community in western Sydney.
“Through his efforts, areas that
were once hostile to the union’s
presence are now working with
the CFMEU to improve industry
standards,” says Tulloch.
Coming on board at the
CFMEU, former State Secretary
Andrew Ferguson has returned as
an organiser after his unsuccessful bid for election to the Upper
House in the March State election. Tulloch says parliament’s
loss is the union’s gain with
Ferguson’s experience a huge
boost to the organising team.
“He is already having a huge
impact on the ground, bosses can’t
wait to fix things up when I mention Andrew is on his way down.”
Ferguson is delighted to be
back on the road organising and
enjoying the challenge, although
those bosses who are having to
fix up poor amenities and improve
safety on sites in the Liverpool
region might not share his joy.
Among the new faces at the
union is Mark Rasmussen, above
centre, who takes on the media
officer role. Rasmussen comes
to the branch after a stint in the
federal office.
Rasmussen has been head
down since starting in the role
with a revamp of the union website, which will go online in the
next couple of months.
He has also taken the union
into the twitter age with a bang
lifting our followers past the
half-century mark. It may be his
tweet ravings for the Geelong
Cats is gaining us a new audience
(http://twitter.com/#!/cfmeu_
cg_nsw), so sign up and show
him that league still rules in this
part of the world.
New Organiser Luke McCaskie
has also been seen on sites
learning the ropes off Ferguson.
McCaskie, who previously worked
with the LHMU as an organiser,
comes to the CFMEU from Labor
MP Paul Lynch’s office where he
worked on policy and was critical in securing long service leave
entitlements for carpet layers and
amendments to the Security of
Payments legislation.
YOUR UNION
ACTU AWARD
CFMEU IN COURT:
A MESSAGE FOR MEMBERS
WINNERS ARE GRINNERS
State Secretary Mal Tulloch celebrates the award with union officers and delegates
THE CFMEU’S CAMPAIGN to save the jobs of
Wideform workers when the company went
into liquidation has received a national honour.
At the ACTU National Union Awards
in March, the CFMEU NSW Construction
and General Division won Best Workplace
Campaign. The union managed to save more
than 700 workers’ jobs when Wideform, the
company they were working for collapsed just
weeks before Christmas 2009.
Since the collapse the union has secured
more than $6 million in payments to the
workers. Not only did the CFMEU secure
money and entitlements for the workers it
also managed to negotiate their re-employ-
ment after the collapse of Wideform.
NSW State Secretary Mal Tulloch says the
award is a tribute to the members who stayed
firm throughout a difficult time.
“Workers got all their entitlements and
money when they voted unanimously to stand
together and ensure everybody was paid what
they were owed,” he says.
“It’s not only recognition for the Union but
for the workers themselves. We’re honoured
to be accepting this award on their behalf.”
The ACTU National Union Awards are an
annual event sponsored by the ACTU and
ME Bank to reward the unsung heroes of the
union movement.
MEMBERS MAY HAVE READ the continuing coverage in
newspaper articles of allegations made in a court case
that has been brought against the Union and Multiplex.
The court case is before the Supreme Court of New
South Wales, so the Union must be careful about what
it says about the case at this time.
Because the union and its officers are involved in the
court proceedings what we can say on the public record
is very limited.
However allegations made, even if they are false and
malicious, can be repeated in the media.
The union remains concerned that media coverage
of the case has been one-sided and sensational and
does not accurately reflect the days’ evidence.
The case involves circumstances that are claimed to
have occurred 14 years ago involving a building site in
Sydney.
It is alleged that the Union entered into a conspiracy
with Multiplex against a company called Stoneglow.
The union absolutely denies that such a conspiracy
was entered into with Multiplex, as does Multiplex deny
any such conspiracy with the union existed.
The union strongly maintains the allegations against
it are wholly untrue.
We are confident our evidence will show this, the
good reputation of the union will be upheld and the
union’s position vindicated.
We trust that members understand the limitations
that are currently placed upon the union to further
comment on this case. Most importantly our work
defending your rights continues unabated and we are
not distracted by these side issues.
AROUND THE TRAPS
CFMEU State Secretary Malcolm Tulloch, Organiser Sammy Manna and Rita Mallia, the CFMEU’s Senior Legal Officer
recently addressed a worker communication meeting at De Martin & Gasparini, chaired by its delegate Claude Scroi.
Tulloch spoke touworkers on the direction and recent initiatives of the Union, including the sham subcontracting campaign
and occupational health and safety issues the union is highlighting. Manna spoke more specifically about safety in the
concrete sector and the workers re-elected their OHS Safety Committee representives and consultative representatives.
Mallia addressed the workers about a range of issues including workers’ compensation, U-Plus entitlements, travel insurance and Cbus Total and Permanent disability insurance. The meeting was lively, interactive and informative.
UNITY 5
YOUR UNION
HISTORIC TOUR
Jack Mundey joined the retired members tour of the Parramatta female factory
RE TIREES JOIN FIGHT
FOR ICON
NATIONAL LEADERSHIP CHANGE
THE CFMEU RETIRED MEMBERS are
active around ensuring the proposed
Barangaroo redevelopment construction
site will be properly decontaminated of
existing toxic and carcinogenic materials
to ensure the site is environmentally a
safe place to work.
The retired members are also concerned about aspects of the plan that
might not allow sufficient public land
and aesthetically fit in with the natural
beauty of Sydney Harbour.
They are keen to ensure that the
project managers, Bovis Lend Lease
respect all planning laws and are not
given free reign. The city does not need
an eye-sore in this very iconic part of
Sydney.
For their March meeting 40 retired
members took part in a guided tour of the
grounds and buildings of the old Historic
Convict Parramatta Female Factory, after
enjoying an outdoor sausage sizzle and
coffee at those grounds.
The Parramatta Female Factory
Action Group, who were their host, has
THE NATIONAL OFFICE OF THE CFMEU has had a change of leadership with national secretary John Sutton retiring after a 30-year
career in the union movement. He served as CFMEU National
Secretary for five years and was also a vice-president of the ACTU.
Previously he was a long-serving National Secretary of the
Construction and General Division of the union. Sutton also
served for eight years as the International President of the UITBB,
the international trade union federation of building, wood, building materials and allied industries, with millions of members
around the globe. Sutton served his apprenticeship in the union
movement with the Building Workers Industrial Union (BWIU),
one of the forerunners of the CFMEU. As a young man he worked
with such legendary union leaders as Pat Clancy, Stan Sharkey
and Tom McDonald.
“It’s been an honour to lead one of Australia’s most militant
unions for such a long period and to serve building workers and
the working class. After 30 years it is time for a change and I look
forward to developing a new career after so long in leadership
positions within the CFMEU,” Sutton said.
In a letter to the UITBB, Sutton warned against a love of rhetoric over action. “Workers all over the world are seeking practical
assistance on basic trade union tasks – this is where we must
improve our work – it’s this that can win us the respect of workers and strengthen our ranks for the more advanced ideological
and political struggles that lie ahead.
Michael O’Connor, National Secretary of the CFMEU’s Forestry
Division, takes over as the CFMEU’s national secretary.
UNITY 6
been formed to preserve the 1818 buildings for future generations, by ensuring
the factory buildings are listed as world
heritage.
The Parramatta site is the last
remaining of 13 such female factories
built in Australia. The retired members
unanimously decided to support the
action group in its endeavours to protect this important part of our history.
Incidentally, some genealogists estimate
that one in four people born in Australia
carry some of the genes of the thousands of women convicts sent to that
factory.
Our union retirees will be watching
the new O’Farrell coalition government
like hawks. It remains to be seen if Labor
in opposition can now cleanse itself and
make a comeback. If it gives away its love
of private corporation, it has a chance.
Remember our meetings are the third
Tuesday of each month. Come along and
have your say after all you have “retired
from work but not from life”.
Mick Tubbs, President
ENTERPRISE AGREEMENTS
DOMINO DEAL
IT WAS SOMETHING OF A
HISTORIC occasion at the
CFMEU Lidcombe offices on
April 4 when workers from
Erect Safe Scaffolding celebrated the signing of a new
enterprise agreement.
It was one of the first – and
hardest won – EAs in what
Organiser Darren Greenfield
is hoping will trigger a domino
effect in the sector.
The workers have been
fighting for more than
three years to convince their
company – one of the main
players in scaffolding sector
– to sign on to a union enterprise agreement.
Greenfield says it is a
great win for the workers
that secures them about
an extra $180 a week when
pay rises and entitlements
such as superannuation are
factored in.
About 80 workers in total
will be affected by the deal.
Greenfield says the workers
had been hoping for a union
agreement for a long time and
“were rapt” with the result.
He says the efforts of the
company delegates were
critical in securing the final
agreement.
“They helped out a lot and
organised the blokes and
talked to them throughout the
negotiations to ensure we got
their support,” he says.
Delegate Ailao Tupuola
HISTORIC WIN
Erect Safe delegate Ailao Tupuola can relax now they have secured a union agreement
says the new union deal is a
great win.
“Today [signing the EA]
was a good stepping stone
for the Erect Safe boys. To be
able to move forward with
this new EBA is great thing.
Hopefully, it’s a good sign of
things to come.”
Greenfield says he hopes
to follow on from this win by
signing the other 10-12 major
companies in the sector on to
union EAs “within the next
couple of months”.
“We will then start working
at the smaller end of the
market where a lot of companies just do not comply with
the law in safety conditions or
wages and we are finding a lot
of sham contracting,” he says.
“This isn’t only about lifting
standards and wages in the
industry,” he adds.
“With a decent number
of companies on enterprise
agreements it opens up
options for the workers so
they can move jobs and not
end up working for a shonky
company.”
ASBESTOS CONCERNS CONTINUE AT IKEA SITE
The CFMEU has not backed away from asbestos concerns at the Ikea site at Tempe. Organiser Rob Kera says
after receiving complaints from workers in May the union alerted WorkCover, who then placed a prohibition
order on the Cochram site. “The issues around asbestos because of the fact this used to be an old dump are
still ongoing,” he says. “The union hasn’t moved away and we are maintaining a consistent presence on the
job. The workers on site are extremely happy with our efforts and it is ensuring WorkCover to take action.” The
site where the new Ikea is being built lies on a former illegal tip and according to Organiser Sammy Manna
“we need to be ever-vigilant because of the toxic materials present to ensure workers and the public are safe”.
UNITY 7
STOP THE SHAM
FIGHT
IS ON
THE RIGHT-WING OPINION-MAKERS in
the media have declared it a conspiracy
between the unions and the Gillard
Government, but the union’s moves to
stop sham contracting is about a very
Aussie attitude – the fair go.
In March, the national office and each
State branch of the CFMEU kicked of the
Stop the Sham Campaign with the release
of its report into the illegal practice, Race
to the Bottom.
The report showed that up to 168,000
workers in the construction sector are
employed on sham contracts, with a loss
in tax revenue to the government of $2.4
billion. That is money that could be spent
on providing better schools and hospitals.
Sham contracting hides a bossemployee relationship by using ABNs to
pretend it is a client-contractor arrangement. However when the “client” determines your days and hours of work, how
you do the work and can hire and fire you
at will, you are an employee.
Sham contracting undermines employment conditions and is used by bosses
to avoid paying annual leave, sick leave,
superannuation, workers compensation
insurance, long service leave and redundancy payments. The enforcement of
workers’ rights such as unfair dismissal is
also made more difficult.
Before you sign up to this type of
arrangement think of the long-term
consequences: if you are injured or killed
at work there will be no death benefit or
workers’ compensation for you and your
family; in retirement there will be no “pot
of gold” in your super, rather a meagre
government pension to survive on.
A short-term gain on tax savings is not
a good investment for your’s and your
family’s long-term future
Importantly sham contracting makes it
hard for legitimate bosses – who pay the
right rates and entitlements – to compete
as they are constantly being undercut in
tenders. Subcontractors that cut these
corners, also cut corners on safety, and
can put in cheaper quotes and win work
out from under company’s and workers
who want to do the right thing and pay
decent wages and conditions and maintain safe sites.
Sham subcontracting is definitely a race
to the bottom! In response to the union
UNITY 8
campaign the Gillard Government has
moved to tighten the noose on employers
involved in sham contracting by requiring
some businesses to report annually on
payments to contractors.
The budget papers show the crackdown, which takes effect from July 2012
and increases over the coming years,
would raise $513 million over four years.
The most important effect of the crackdown however is that it will make sham
contracting less attractive to rogue businesses. Alongside its political campaign,
union officials are visiting work sites
raising awareness of sham contracting
and ensuring workers in the industry are
receiving all their entitlements.
Bovis Lend Lease, Multiplex, Leighton
construction jobs are among those which
have come under the scrutiny of the union
since March 1.
Many companies are taking lucrative
government contracts with one hand,
while undermining Australia’s tax base
with the other.
If you are currently employed under a
sham arrangement you need to contact
the union now and get covered by an
enterprise agreement.
THE FACTS
• The 336,000 people working in construction as ‘contractors’ includes
49,000 labourers, a category the
Australian Tax Office has ruled is
ineligible to hold an ABN and work
as a contractor.
•
In 12 months, 2008-2009, the
number of ‘independent contractors’ in construction grew by 7.6 per
cent, even though employment in the
industry declined by 4.9 per cent.
ON THE TRAIL
Organiser Sammy
Manna is part of the
CFMEU crackdown on
sham contracting
TRACKING DOWN THE PROBLEM
Teams of CFMEU organisers have been cracking down on dodgy
sub-contracting with great success. In the structure campaign,
organisers Sammy Manna, Tom Mitchell, Darren Greenfield and
Rob Kera have visited 35 sites. One of its biggest wins was identifying a number of sham contractors at Milson’s Point. When the
team visited the Pro-Build Constructions job, it discovered the
formwork, steel fixing, scaffold and concreting had all been subcontracted out to sham contracting companies.
“We turned the whole job around,” says Kera. Pro-Build has
been proactive in ensuring that contractors are paying workers all
their legal entitlements.
As well as unearthing sham contracting, as expected, sites
where the illegal practice is rife are also the sites where safety
issues have been identified. The union has been also talking to
workers about the better benefits and security that come from
having a union-negotiated enterprise agreement. Kera says some
big builders pay lip service to wanting to be compliant with the
law and having subbies on their sites that comply with the law
where workers get their superannuation and proper entitlements,
but entitlements “but when you visit sites it is a completely different story”.
“It’s a hard enough job without being ripped off as well. The
industry should not support sub-contractors who break the law.
This hurts everybody.”
STOP THE SHAM
HELL
ABN
“THE UNION IS THE
ONLY ONE IN THE
WHOLE PLANET
THAT HELPED ME”
LIKE ANY NEW FATHER Daniel Villamarin
wanted only the best for his as-yet-unborn
child.
Worried about providing for his family
and having recently moved to the Gold
Coast, he broke a lifetime habit and
agreed to work on an Australian Business
Number (ABN) to secure a job working as
a formworker on the Ballina bypass.
It was a decision the committed
unionist would come to regret. Working
under the ABN, Villamarin received an
“all-in” rate of about $55 an hour.
But he received no meal money, no
site allowance, no crib allowance, no tool
allowance, no sick leave, no public holiday
pay, no annual leave, no superannuation
and no long service leave.
Now based in Sydney’s western suburb
of Green Valley, Villamarin says his
troubles started in November last year
when he severely injured his back at work.
“When that happened they didn’t want
me to go on workers’ compensation,” he
says. With his daughter, Lilly, just born,
Villamarin took just three days off work
with the injury.
“I got really worried about making
ends meet and I didn’t want to lose my
job. When you bring a child into the world
you’ve got to make sure you’ve got everything right for it.”
Yet despite going along with his boss’s
request less than three hours after he had
started back on the job he was sacked by
the principal contractor, Leighton’s, due
to “a lack of work”.
Lilly was three weeks old.
Unable to work because of the injury,
Villamarin was told because he was a contractor, his employer was not responsible
for workers’ compensation.
“It was a disaster – no one paid me for
12 weeks, I had a mortgage, school fees
and couldn’t pay it,” he says. In dire financial need, Villamarin’s partner was forced
to leave her newborn and return to work
part-time.
“It was hard on everyone,” he says. “A
union member all my life, and my father
before me”, Villamarin turned to the
CFMEU.
With the help of Northern NSW
Organiser Jim Hutcheon and Industrial
Co-ordinator Brian Fitzpatrick the
company proved to the insurance
company that Villamarin was actually an
employee.
However, because he was on an ABN,
the workers compensation payments are
paid at the lower award rate rather than
the enterprise agreement rate that would
ordinarily apply to employees on such
jobs and he now receives a little more
than $500 a week.
The union has also chased up his lost
entitlements including superannuation payments and in May he received a
cheque for more than $25,000 in
backpay.
It was money that was quickly spent.
“I owe thousands on the mortgage,
thousands to the school and everything’s
been going on the credit card.
“I’m going to just pay all the debts and
start clean.”
Villamarin has no doubts the union
saved he and his family.
“The union is the only one in the whole
planet that helped me,” he says.
When the CFMEU launched a
campaign to highlight how sham contracting was devastating the industry and
destroying workers’ lives, Villamarin’s
story was used as part of the case presented to Prime Minister Julia Gillard.
He is happy to put himself in the public
glare to ensure no other worker finds
themselves in such an difficult bind.
“This is the first time I’ve worked
under an ABN. I’ve always worked under
an EBA and it is certainly the right way to
go,” he says.
“Under a collective agreement
everyone in a company has agreed on the
conditions and the boss knows what the
deal is. Under an ABN everyone is different and things can get really stuffed up.
It’s cut-throat.”
UNITY 9
STOP THE SHAM
ABN DEALS
MAKE
NO CENTS
MANY CONSTRUCTION WORKERS
on the tools under an Australian
Business Number like to brag
that they are getting more money.
While we know many of them
are shirking their tax obligations, a comparison by CFMEU
Senior Industrial Officer Keryn
McWhinney shows they are risking the wrath of the tax office
for no gain.
Using an hourly rate of $30
cash in hand for our ABN
worker, she shows in a 40-hour
working week they will earn
$1440, but receive no superan-
nuation or long service leave
entitlements. However a
CFMEU member (CW3 level)
covered by a union agreement
will not only work four hours
less during the week (36-hour
week), they will gross $1728.57.
When super and long service
benefits are added the weekly
income is $1918.75. Across
12 months that is a whopping
$24,894.83 difference in income
between a union EBA worker
and an ABN worker.
McWhinney also points
out that comparison doesn’t
include benefits such as annual
leave, sick leave, rostered days
off, public holidays and picnic
days, wet weather pay, fares
allowance, workers compensation top-up insurance or a paid
smoko break.
These entitlements add an
extra $38,000 to CFMEU members’ income each year. ABN
workers receive none of them.
So next time someone is bragging about how much they are
getting cash in hand, let them
know just what they are missing
out on.
STATE OF ANGER Queensland CFMEU members rally against sham contracting
WEDDING
BELLS RING
AFTER A SUPER
FIGHT FOR MEMBER
Chiya Mahmoudi was desperate when
he came to Lidcombe seeking the union’s
help. The Kurdish immigrant was due to
fly out to his former homeland to meet his
family and get married, but had no money.
“He was really in a bad situation,” says
CFMEU Organiser Mansour Razaghi. “He
needed immediate money.” Razaghi says
Chiya, a union member, had been working as a sham contractor on an ABN for
$25 an hour. However his investigations
showed he was not being paid superannuation or any other
entitlements.
“When he had complained to the foreman, the foreman knew he was in the
union and told him the union could do
nothing,” says Razaghi. Razaghi proved
the foreman wrong, by negotiating for his
entitlements to be paid out. “He knew
working under an ABN wasn’t the right
way, but he wasn’t 100 per cent sure of his
entitlements,” says Razaghi.
UNION WINS BRAGGING RIGHTS
Every year the NSW Government brags about its efforts in reclaiming lost income
for workers, most recently highlighting that between April 2007 and July 2010, it
recovered more than $11.76 million in lost wages. Stacked up against the efforts of
our union officials the NSW Government looks to have been asleep on the job. In
2010 along the CFMEU recovered $15.7 million in underpayments for its members
in the construction industry. The Government figure of a paltry $11.76 million is
across three years and includes workers employed in all industries in NSW. In that
same three-year period the CFMEU NSW recovered $26.6 million just for construction worker members alone. Now that is something worth bragging about.
UNITY 10
His payout was delivered in two parts
with Razaghi dropping the final cheque into
his bank account for the newlywed while he
was overseas. “When he came back I met
up with him and he was very grateful.”
NSW ELECTIONS 2011
INTO THE WILDERNESS
New Labor leader John Robertson attended the Day of Mourning ceremony at Reflection Park
IT HAS TAKEN LESS THAN 100 DAYS for the true
nature of the Liberal O’Farrell Government to
come ot the fore. NSW State Secretary Mal
Tulloch says many members in former Labor
strongholds were disillusioned with NSW Labor
and voted Liberal for the first time.
“History shows Labor governments deliver
more for workers than Liberal governments,
but Labor in NSW had come to show contempt
for voters with the continual run of scandals
and poor delivery of some public services.
“It is not surprising then that some members and their families voted Liberal. However
the O’Farrell Government is already showing
its contempt for workers.
“Instead of improvement of public services,
its first act has been to rush through legislation
that strips away safety conditions for workers,
but makes the big end of town happy.”
THEAFTERMATH
In its first 50 days the O’Farrell Government has:
•
Introduced legislation that removes the
reverse onus of proof and repeal unions
right to prosecute a safety breach. Luckily
the right for union prosecutions was
saved in some limited circumstances
with an effort between unions, the ALP
Opposition, the Greens and some of the
independents in the Upper House.
•
Abolished the right for OH&S prosecutions to be heard in the Industrial
Relations Commission and moved them
to the general courts (the District and
Supreme Courts). This makes it harder for
workers and unions to take legal action
over safety breaches as it will increase the
costs dramatically.
•
Effectively abolishing the power of the
Industrial Relations Commission to independently and transparently determine
wage rises in the public sector (which it
did by taking into account the costs of
living as well as government budgetary
pressures ), by legislating that increases
in public service positions – nurses,
police, health department employees
above 2.5 per cent must only be awarded
after savings to offset them have been
achieved. This will reduce the quality of
front-line services.
•
Privatising Sydney Ferries
Tulloch says it is not just the union movement
attacking the O’Farrell Government’s priorities.Industrial Relations Commission president
Justice Boland has branded the move to take
workplace safety prosecutions out of the com-
mission’s hands ‘’disgraceful’’.
In a letter to Industrial Relations Minister
Craig Pearce, Justice Boland wrote: ‘’I think the
government’s conduct has been disgraceful
and it raises a real question about its intention
regarding the Industrial Relations Commission
and the value of ministerial undertakings that
the commission would be retained.’’
Tulloch says the decision is a direct breach
of a pre-election commitment.
“In March, [Workplace Minister] Craig Pearce
told The Australian newspaper that ‘our system
will remain with WorkCover and the Industrial
Relations Commission playing their roles’. This
makes you wonder what worth we can place
on any commitment given by the O’Farrell
Government.”
Tulloch says a great deal of expertise
resides in the NSW Industrial Court and
Industrial Relations Commission. “To discard
this wealth of specialist knowledge for the
handling of such cases will be to the detriment
of the proper handling of these matters.”
Critically in its moves to harmonise OH&S
laws, the O’Farrell Government is eight months
ahead of the planned implementation date. Yet
it is only the anti-union aspects of the legislation
that are being brought forward.Higher penalties
for safety breaches and other worker-friendly
elements of the package will not be introduced
until the national date of January 1 next year.
“These new laws will cost building workers
lives and only serve to benefit big business
by allowing them to escape accountability on
sites,” says Tulloch.
“This in itself speaks volumes for what
O’Farrell and his Liberal Party thinks about
workers and their needs – as long as the
bosses are happy, he’s happy.”
LOST CHANCES
The wipeout of the NSW Labor
Government at the March election also
claimed the political hopes of former secretary Andrew Ferguson. Despite great support
from the membership, Ferguson could not
swim against the tide of anger that swept the
Labor Government from office.
NSW Labor’s electoral disaster sees only
20 Labor MPs now sitting in the lower house.
In the Upper House, which Ferguson was
contesting the result was equally dismal.
In the 2007 election, Labor had nine representatives elected to the Upper House.
However just five candidates were elected at
the March 26, 2011 election with the Labor
vote crashing to 24 per cent. Ferguson was
number six on the Labor ticket and was
therefore unsuccessful. NSW State Secretary
Malcolm Tulloch says NSW Parliament is a
poorer place without Ferguson.
“The election of a Liberal Government
represents a serious threat to NSW workers
and in particular, building workers,” he says.
“Andrew would have been a voice for workers
and those most threatened by the Liberal’s
anti-worker policies. The union has already
made it clear to the new Liberal Government
that we will organise massive opposition to
any attempt to reduce NSW workers’ compensation benefits.” Tulloch says Ferguson
will return to the field as an Organiser
with responsibility for the Liverpool/
Campbelltown area.
UNITY 11
OHS
BEFORE AND AFTER
A remarkable turnaround in amenities followed a visit by Union Organiser Andrew Ferguson at this building site
U N I O N P L AY S S P O T T H E D I F F E R E N C E
CFMEU
ORGANISER
ANDREW
FERGUSON has been visiting home
unit development sites in the
Campbelltown/Liverpool area and
says standards on site are “appalling”.
“Many of the workers are not paid
their entitlements, they are not receiving super and companies are not even
registered for long service leave,” says
Ferguson. “And on the majority of
sites safety is below standard in particular with falls from heights and electrical hazards.”
Among the victories Ferguson has
secured, he has managed to get a
number of companies to comply with
the long service leave obligations for
the first time.
Negotiations with the Long Service
Leave Corporation has seen a claim
to backdate their joining date by five
years, giving the workers five years’
credit in the scheme.
While Ferguson, along with new
Organiser Luke McCaskie, has been
chasing up entitlements and improving safety they have also been improving amenities for the workers.
Lunchroom facilities are being
turned around with some workers who
had been forced to eat in dirty, dark,
flooded rooms returning to work and
finding clean, brightly lit lunchrooms
with even a vending machine thrown
in.
Ferguson says one of the main
problems in the sector is that many
of the workers are from non-Englishspeaking backgrounds and are newly
arrived migrants.
“They are completely unaware
of their rights,” he says. “[But] the
workers are overwhelmingly pleased
that the union is visiting these sites
and appreciate the small gains we
are making. Most of the companies
we have talked to have reluctantly
improved conditions and complied
with paying legal entitlements.”
Ferguson says many of the workers
in the home unit sector are being used
as sham contractors and have no idea
of their entitlements.
He cites the case of a Syrian immigrant who arrived in Australia 18
months ago and has been commuting from Potts Point to Campbelltown
every day to work on a job.
“I found out he was being paid a
flat rate of $100 a day with no other
entitlements,” he says. “The bosses
are taking advantage of workers’ lack
of knowledge and their desperation to
secure work to support their families.”
DEATHTRAPSHUTDOWN
CFMEU ORGANISER ROB KERA describes it as the worst job
he’s come across and nothing less than a death trap. When
the CFMEU visited the East Esplanade site in Manly, Kera says
the scaffold was in “serious danger of collapsing on to the job
next door”.
With the workers on both sides of the inadequate security
fencing worried for their safety, WorkCover was called in and
both sites were closed.
Kera says that a specialist scaffolding company was brought
in to rectify the serious defects. The adjacent site also had to
be cordoned off so work could restart.
“The lack of safety on site was unbelievable,” says Kera.
“There were missing handrails, open penetrations everywhere, no safe access or egress and the scaffold parts were
also defective.
“On the top floor there were no hand rails at all and there
were falls from height everywhere. On top of that the security fencing was completely inadequate and kids could have
walked in off the street on to the site.”
UNITY 12
BRICK, TILE & POTTERY
THE MIND MATTERS
Jane Nethery is helping
employers better understand their young workers
INVALUABLE:
Andrew Cartmill
and Wayde Dillon
of Lend Lease are
regular participants
in the forums
YOUNG
HOW2THINK
STEPS TO MAKING TRAINEES SAFE
•
Good communication: Talk to your young worker as much as possible. Avoid
communicating only when things go wrong.
•
Be specific: Instead of saying, “Don’t lift more than you’re capable of” say, “This
box requires a 2-person lift. That one can be lifted by a single person.”
•
Be consistent: Be aware that ignoring dangerous behaviours and pranks sends
a message to young workers that the behaviour is acceptable.
•
Find mentors: The best mentors are not necessarily the best at their profession
– they are safe workers and good communicators with supportive personalities.
•
Reassurance: Be honest about high-risk jobs and your concern that no one gets
hurt. Explain when and how they can undertake the task later.
FOR DAVID MILUTIN ATTENDING the
recent Brian Miller Safety Forum
helped him see his own children in a
different light. On the agenda at the
March meeting was the “young mind”
and working with young people.
As Milutin notes: “It was good to
see my kids in a different light – I just
thought they weren’t listening to me.”
Instead he discovered it was
simply the fact their brains were not
yet fully developed.
The insight came from Youthsafe
presenter Jane Nethery, who gave
the participants an overview of the
research into young minds and strategies for getting the best out of apprentices and young workers.
Nethery says this is important
because young workers between the
age of 15 and 25 are the most likely
to be injured at work than any other
age group.
Research shows young people’s
brains are not fully developed until
their mid to late 20s, says Nethery.
This means their ability to assess
risk is diminished, she says adding
that young workers will often
respond to problems using emotion
rather than logic.
She says this age group is also very
vulnerable to stress and although often
show signs of depression at work –
such as coming in late and not working
to the same level as previously – many
bosses fail to pick up these signals.
“If employers and supervisors
understand what is going on with
young workers, then they are able to
put more appropriate strategies in
place,” she says.
Nethery says getting the induction
right and having effective communication and decision making processes in place was paramount. “It
makes them feel as though they are
in a safe environment and can help
them with planning.”
Milutin says he finds the safety
forums invaluable. “There is rarely a
time when I come here that I don’t take
away something of value,” he says.
Andrew Cartmill and Wayde Dillon
from Lend Lease also found the
forum interesting, saying it showed
the company’s Green Hat program
was on the right track.
Apprentices on sites are required
to wear a green hard hat to make
them stand out from the rest of the
workers.
“When they have a green hat on
they know they are being watched and
it takes the temptation [to do something stupid] away,” says Cartmill.
UNITY 13
LEGAL
TAM I N G TH E
WILD WEST
WHEN CFMEU MEMBER MICHAEL
COOPER* decided to make a tree
change in his life, it came as a rude
shock to realise how tough conditions were for workers in the bush.
“I’d gone for a tree change in the
bush and worked for a company
that thought it could trample all
over its workers,” said Cooper.
After working “all over Australia”
for the company and relocating to
western NSW, the crane operator
asked for time off over Christmas.
“I hadn’t had a day off up to then
and I had family coming from New
Zealand and the kids coming from
Sydney,” he says.
“The company said no, and I just
took it off anyway.”
Cooper was then sacked with
his termination letter saying he
showed a “total disregard” for
company procedures.
He turned to the CFMEU
for help. “I’ve been a long-time
member of the union, but it isn’t
something I’ve used very often – so
I was really pleased they were able
to do something for me.”
CFMEU legal officer Leah
Charlson launched an unfair dismissal claim, which she won.
As a show of thanks, Cooper
donated part of his payout to the
union fighting fund.
“I’m a believer. I know a lot of
people that use and abuse union
services. It turned out to be quite
a large lump of money and I am
happy to pass some of that on to a
good cause.
“You’ve got to put your money
where your mouth is.”
Cooper, who has picked up a
new job out west, is also full of
praise for the efforts of CFMEU
legal officer Leah Charlson.
“It’s a thankless job and she
did a lot of work chasing up loose
ends with a fantastic result.”
However he says it is disheartening to see the clawback in conditions for workers in regional areas.
“There are a lot of bully bosses
out there that are having a go at the
young blokes that don’t know anything,” he says.
His advice to these young workers – join the union and with its
support push for better conditions.
*Not his real name due to a confidentiality clause in the settlement
THE BOXER
Australian boxing legend Wally
Carr, pictured left, had a rousing
welcome when he launched his
biography ‘My Longest Round’ at
a recent delegates’ meeting. The
book details the Commonwealth
and Australian champion’s struggles inside and outside the ring,
including his connections with the
building trade. From fighting in
the Jimmy Sharman boxing tents,
Carr held 12 titles in six divisions
and fought 101 bouts across 15
years. He has been inducted
into the National Boxing Hall of
Fame. Books are on sale at the
reception at Lidcombe .
LONG
SERVICE
WIN
The Long Service Payments Corporation
(LSPC), the organisation that records
your time in the industry for long service, recently added the new Modern
Awards applicable to the construction
industry to the Long Service legislation.
Luckily when they asked committee members to approve the inclusions, CFMEU representative Keryn McWhinney noticed the
Mobile Crane Hiring Award was not included.
After discussions and legal advice the Mobile
Crane Award was added to the legislation.
This means CFMEU members covered by
the Mobile Crane Hiring Award are now are
now eligible to join and receive the benefits
of the portable long service leave scheme.
The LS Corporation will be contacting
crane hiring employers to advise them of
the change and advising them to register
both the company and their employees.
Registration for eligible workers is compulsory.
This change is a benefit to both our members
who are employed under the Mobile Crane
Hiring Award, as well as their employers.
Another win was that carpet-layers, previously
excluded from the scheme, are now covered.
Employers, employees and sub-contractors
in the carpet-laying sector are now eligible to
join the LSC and receive service credits. This
change only applies to carpet layers employed
under the Furnishing Trades Modern Award.
COM PANY FIN ES
A PROPERTY DEVELOPER and
director has been fined $133,00 after
a labourer fell from scaffolding on
a two-storey Cabramatta property.
John Medich, a director of Lubo
Medich Holdings, was ordered to pay
WorkCover’s legal costs after Joseph
Muscat, 63, fell about six metres to his
death. Muscat was not provided with,
or instructed to wear, any safety equipment such as a helmet or a harness.
THE NSW INDUSTRIAL COURT has fined
three organisations and a manager
$360,000 over the death of a 48-year-
UNITY 14
old worker killed during upgrades to
Epping Road in 2008. On 1 May 2008,
Kevin Finnemore, an employee of South
Coast Excavations (formerly known as
Online Concrete Sawing) was fatally
injured when he was run over by a prime
mover with an attached dog trailer.
The court heard Online Concrete
Sawing was engaged by the Roads and
Traffic Authority to carry out upgrade
works to Epping Road at the intersection of Herring Road, Macquarie Park.
The WorkCover investigation found
that in the days leading up to the inci-
dent there had been significant rain
and Finnemore, who was operating
the water cart was directed to perform other duties including cleaning
dirt off the road. The RTA did not
seek approval from Online Concrete
Sawing to change Finnemore’s duties.
While lane three of Epping Road was
closed, Finnemore moved to the side
of a prime mover to remove debris
from the road surface. The truck driver
did not see Finnemore, drove off and
the prime mover’s trailer ran over
Finnemore.
Justice Kavanagh said “a call must
go out to all involved in the construction and maintenance of our roads ...
that recognised safe working procedures must be adhered to on worksites”.
Kavanagh fined the RTA $180,000;
Terra Civil, who was contracted by the
RTA to perform excavation works at
the site, fined $120,000; South Coast
Excavations was fined $45,000; and Jai
Ram Charam, Finnemore’s manager
at Online Concrete Sawing, was fined
$15,000.
EBAS
IF YOU DON’T FIGHT
YO U L O S E
THAT IS THE MESSAGE CFMEU
delegates at the Caroma factory in
Wetherill Park are sending out after a
successful battle for a better enterprise
agreement.
In the last edition of Unity, we
reported the workers at Caroma had
knocked back a 4 per cent increase
because of fears over cost of living
increases. According to CFMEU delegate Javier Cartagena, the workers had
wanted “just a little bit more” from
the company and were determined
to get it. As part of the campaign, the
Wetherill Park team had a 24-hour
stoppage. They were also locked out
for two days by the company.
CFMEU Organiser John Prentice
says the things that got the Caroma
team “over the line” were:
1. 100% union membership;
2. A good bargaining committee
that included Cartagena, co-delegate Alex Baires and committee members Jeffry Guandique
and Paul Beaston;
3. A very good delegate actively
supported by the union; and
4. Unity.
“When you put all those things
together it becomes a very formidable force for the company to take on,”
says Prentice.
Cartagena says the dispute brought
out the best qualities of the union
members at the plant. “They were very
loyal to the union and very supportive
of us delegates, we listened to what
the members wanted and they trusted
us to represent them,” he says.
As part of the deal the workers
secured an average 4.5 per cent pay
rise each year with the pay rise front-
loaded by a 5.05 per cent increase in
the first year of the agreement.
They also secured better clothing allowance and extra benefits
and better redundancy payouts.
Importantly the new agreement also
includes wage protection that stops
the company reclassifying them into
lower-paid jobs.
Cartagena says fittingly the higher
pay increase will apply to the workers
at the Wetherill Park factory.He says
the win is a psychological boost for
workers as well.
“We’ve been getting 4 per cent for
the past six years,” he says. “What we
have done here is broken the barrier
of four per cent and opened the way
for future victories.
“We have obtained some respect
from the company because we
backed our talk with actions.”
Cartagena says he was “over-
whelmed by the loyalty of the members. They were very into the negotiations and determined to keep fighting
and not give up. At our meetings they
would clap and cheer and pass on the
power to each other.”
Cartagena says other work sites
should take heart from the Caroma
battle. “One message to other yards
when they are in a fight is to stick
together with your union and fight for
what they believe is right and they will
get a good result,” he says.
“The union is only as strong as its
members,” adds Prentice.
But, Cartagena adds, workers have
to be prepared to make sacrifices to
win the company’s respect.
“Their actions have to speak louder
than their words.”
Cartagena also thanked Prentice
and the Union office for supporting
the workers’ efforts.
UNITY 15
WOMEN’S SEMINAR
A CHANCE TO LISTEN
CFMEU Senior Legal Officer
and President of the CFMEU
National Women’s Committee
Rita Mallia, who convened the
training course stated: “There is
a growing number of women
in the industry, which is great.
Women do face some unique
issues and this conference
was an opportunity to discuss
some of those. It also shows
that the Union is for all workers. The conference provided
a good opportunity for the
Union to hear directly from
workers about their experiences in the sector and the
industry”.
C AS UAL
DI LE MM A
DIRTY WORK
THE LIFE OF A TRAFFIC CONTROLLER can be pretty thankless
with abuse and rubbish regularly
thrown at the men and women
whose job it is to stop workers
from being hit by a vehicle.
The insight into the sector
came at a recent women’s conference held at Lidcombe to
educate women members, who
are predominantly casual, about
their working rights. The day-long
seminar included sessions on
enterprise agreements, superannuation, occupational health and
safety, workers compensation and
industrial entitlements.
Leanne Kiaupa, of Clearwater
Traffic Control, says it was the first
time she had seen her enterprise
agreement.
“Some of the things [we heard
UNITY 16
about] were quite useful, but for
me the big bonus was I finally got
my own copy of the EBA,” she says.
For the 20-odd participants that
included women working in traffic control, security and cleaning
it was also a chance to highlight
issues they deal with on the job to
women union officials.
Casualisation was a major concern, according to Karoraina Kaihe,
of TMA Traffic, above left, because
of the financial pressure it put on
traffic controllers and the shortfall
in superannuation for retirement.
“I’ve been working in the sector
for six years and I am still casual,”
she says. “I’m 60 years old and
there is no pot of gold at the end
of the rainbow for me.”
As casuals, she says, they often
find themselves working away
from home, but because of rain
end up sitting in a motel room not
getting paid.
Susie McCormack, centre, of
Clearwater Traffic Control, says
inexperienced backpackers are
taking many of the jobs.
“They don’t know what they
are doing, and are only here for
a short time so don’t care - but
they undercut everyone else,”
McCormack says.
She says with 11 deaths of traffic controllers last year police and
the RTA need to do more to protect them.
“We get spat at, cans thrown at
us and drivers just ignoring us and
going straight through. We are the
safety of work zone and we put our
lives at risk every time we step on
the road,” McCormack says.
The CFMEU’s women members
were united in their call for a
stronger focus by the union on
toilet facilities.
Despite regulations requiring
a separate female toilet be provided, many of the women say
they are told by their employers
to share the men’s toilets.
In remote locations, toilets
are not often provided, and the
women are expected to “head
bush”.
“That might be all right if
you are a bloke,” says Leanne
Edmonds, “but it is a bit of an
issue for a woman.”
Jen Smith, of Lack Group
Traffic Control, pictured right,
says she was taken off a site
because she asked for a sign to
be put on one cubicle declaring
it a female toilet.
“We don’t mind sharing the
block as long as we have one
cubicle,” says McCormack.
“We’ve even had to fight for the
right to have a sanitary bin.”
And when the women do win
a place of their own to pee in,
according to Leanne Edmonds,
the bosses often use it because
it is the cleanest one on site.
SUPER
FINDYOURSUPER
One in two working Australians have a lost super account. There is an estimated $13.6 billion in lost super
accounts held either by the Australian Tax Office (ATO) or eligible rollover funds such as Ausfund which Cbus uses.
WHAT HAPPENS TO ‘LOST SUPER’?
If a superannuation fund has never
had an address for a member, or has
sent two written communications to
the member’s last known address
(and they were returned unclaimed)
the fund must report the member’s
super as lost to the ATO’s Lost
Member Register (LMR).
IF YOU HAVE:
•
Changed jobs in the past 10
years;
•
Had more than one job at the
same time;
•
Changed address;
•
Changed your name; or
•
Forgotten how many super
funds you have there is a strong
possibility that you might have a
‘lost’ superannuation account.
FOUR EASY STEPS TO
FIND YOUR LOST SUPER
If you do find a ‘lost’ super account at
either AUSfund or the ATO, you can use
their forms to transfer it to your current
superannuation provider.
1. Check with Cbus: If you are
unsure whether you have an
account with Cbus, ring the
Cbus service centre on 1300
361 784 to check. If you suspect
that you have more than one
account with Cbus you should
talk to Cbus about merging your
accounts. That way there’s less
chance of one account ending
up ‘lost’, and you will not be
paying multiple account-keeping
fees.
2. Visit AUSfund at their website:
www.unclaimedsuper.com.au,
select “search for lost super”
at the top of the page, then fill
in your name and date of birth.
You don’t even need your Tax
File Number (TFN) to do this
simple search, which will tell you
if AUSfund is holding super in
your name.You can ring AUSfund
if you don’t have access to the
internet: 1300 361 798
3. Visit the ATO lost members
website at www.ato.gov.au then
select “Super Seeker – find your
lost super” from the box on the
right hand side of the page. You
YOU OWN A
SKYSCRAPER
As a Cbus member, you have a stake in one-third of a major new
building soon to open in the heart of the Sydney financial district.
The building at 1 Bligh Street, is designed to achieve the highest
green-star rating for a high rise building, making it environmentfriendly. It is valued at $270 million and was scheduled for completion last month.
In 2010 Cbus had assets of $14.46 billion and 582,600 members.
It is the 14th largest fund in terms of assets. Eight of these 14 funds
are industry or public sector funds - that is they are not-for-profit
funds. Any excess goes to the members. Cbus is jointly managed
by building unions and industry employers.
The Cbus rate of return in 2010 was 9.8 per cent. The average for
all funds was 8.3 per cent. Over the period from 2004-2010 (which
includes the Global Financial Crisis recession) it was equal 12th at
6.9 per cent per annum. The average for all funds was 5.3 per cent.
Not a bad result for a scheme started by building unions in 1983
… and of course the Bligh Street site created jobs for Cbus members
and was also built by union labour.
will need your Tax File Number
(TFN) to do the search.
can boost your current super balance
if you are still working.
4. Contact your old super fund.
Not all ‘lost super’ is immediately sent to the ATO. If you have
moved, but the person at your
old address does not return your
mail to to your super fund, they
do not know you are ‘lost’. Your
super can stay in the fund for a
number of years until is eventually sent to the ATO.
HELP OTHERS
If you have older relatives or friends
who worked in the construction industry after 1984, when Cbus was formed,
ask them to check whether they
received any superannuation entitlements. If they are not sure, they should
do the four-point check above, including checking with Cbus.
CBUS’ LOST MEMBERS
Cbus uses a number of methods to try
to find ‘lost members’. These include
Australia Post and ATO data matching.
Sometimes however it proves impossible to locate people.
DON’T IGNORE SMALL AMOUNTS
You might think that you have a
‘small’ account somewhere that
isn’t worth searching for. While your
money is in Cbus, it continues to
attract earnings and grow over time.
As little as $1000 paid into Cbus in
1984 could have grown to $10,000
by 2011 (depending on fees, charges
and investment strategy). That can
be a nice windfall if you’re retired, or it
GIVEN NAMES
Armindo
Robert
Kevin John
Michael John
Chi Gyn
Antonio
Ivan Kenneth
Robert
Imre
John
Henry
Anton
Evald
Tinga George
John
Mile
Peter
Antonio
Kenneth Walton
Noel Ademar
Drago
Emmanouel
Joao Nobrega
Brian
Mario
Armando
Lincoln Douglas
James Terry
Oscar
Dennis
Richard
George
SURNAME
Almeida
Archer
Charles
Cheshire
Choi
Cosseddu
Daniel
Davies
Deak
Flanagan
Heke
Jambrovic
Jensen
Kariwa
Kelly
Maric
Mazein
Neto
Nield
Nunez
Pajevic
Paspadakis
Pinto
Rameka
Ribero
Sandoval
Senior
Stanton
Tobar
Ward
Soulie
Hing
CHECK YOUR CBUS STATEMENTS
Always check your Record of
Contributions and your Annual
Statement to make sure that all your
entitlements have been paid in. If
there’s a monthly payment missing,
you should follow it up.
DO YOU KNOW THESE MEMBERS?
Cbus has been unable to find the ‘lost
members’ in the table below, who
worked in construction in NSW. If you
know them, please let Cbus know,
or tell them to contact Cbus. We are
unable to provide further details except
the member themself. The Cbus contact is Vicki Doherty 03 9657 4210 or
[email protected]
CITY
Raymond Tce
Hillsdale
Cabramatta
Hebersham
Punchbowl
Leicchardt
Kirrawee
Toongabbie
Eastlakes
Cambridge Park
Katoomba
Lakemba
Berala
Clovelly
Colyton
Cabramatta
Strathfield
Queanbeyan
Pagewood
St Johns Park
Chatswood
Marrickville
Petersham
Sydney
Bondi Junctn
Ashcroft
North Ryde
Allambie Hts
Hillsdale
Granville
Cronulla
Ashfield
LAST PAYMENT UNION
1985
BLF - LABOURER
1985
BWIU - FIXER
1987
LABOURER
1984
BLF - LABOURER
1987
LABOURER
1996
CARPENTER
1986
BWIU - SIGNAGE FIXING
1984
BLF - LABOURER
N/L
LABOURER
1985
BWIU - CARPENTER
1987
BWIU - CARPENTER
1987
BWIU - CARPENTER
1985
BLF - BRICKLAYER
1990
BWIU - STEEL FIXER
1985
BLF - RIGGER
1986
BWIU - CLEANER
1985
BWIU - PLASTERER
1984
BLF - LABOURER
1985
BWIU - CARPENTER
2008
BLF - LABOURER
1985
BWIU - PLASTERER
1985
BLF - LABOURER
2000
BWIU - PLASTERER
1987
BWIU - LABOURER
1986
BLF
1989
BWIU - LABOURER
1988
CFMEU - CARPENTER
1985
BLF
1985
BLF - STEEL FIXER
1992
FEDFA - TRUCK DRIVER
1988
BWIU - PROCESS WRKR
1989
BWIU - LABOURER
UNITY 17
REGIONAL
ON THE ROAD >>
Jim Hutcheon talks to workers on
the Kempsey bypass and far right,
a mass meeting of workers on the
Hunter Expressway.
H
BUSH
TELEGRAPH
REGIONAL MEMBERS ARE BENEFITTING from the CFMEU’s drive to give better service to
our members in the bush. Delegate structures are being renewed and superannuation and
long service entitlements are being paid up. CFMEU Assistant Secretary Rebel Hanlon says
regional organisers are starting to feel the effects of the drive. “We are getting a pretty solid
response from workers,” he says. “We are seeing membership increase and there is a lot
more communication between members and our organisers – they are ringing us up more
and the workers are coming out and shaking our hands when we arrive on site.”
In a recent case, Northern NSW Organiser Jim Hutcheon contacted Hanlon in the wake
of a serious accident on the Tweed Heads bypass site near the Queensland border. “We
had a worker run over by a machine and his leg was broken in five places below the knee.
Jim was on to us straight away and myself and Taylor & Scott solicitor Ivan Simic hopped
on a plane the next morning to investigate the accident and make sure the worker knew his
rights under worker’s compensation. The point of this is to show that no matter where you
are working, the union will come to you.”
The latest updates include:
POURING DOWN
Concrete pour begins at Bega shopping complex
KEMPSEY BYPASS
SWEET VISIT
Soon to be the home of Australia’s
longest road-span bridge. Work has
started on piles and foundations
with formworkers and steel-fixers to
start in September this year. Fruitiful
discussions with the builder took
place to ensure the subcontractors
winning work on the job were meeting their legal obligations, including
paying the proper level of superannuation, before their engagement.
Talks were also held with workers
and employers at three sugar mills
in the Ballina area over the start of
a new round of enterprise agreements, rank and file involvement
and the election of delegates.
Three new delegates were elected
– Matthew Faulks, Barry Kratz and
Steve Phillips – which ensures an
ongoing CFMEU presence and
representative at each site.
LOCAL TALENT
SOUTH BOUND
North Coast Organiser Jim
Hutcheon and Assistant Secretary
Rebel Hanlon held talks with 20
young apprentices who had been
let go after the completion of federally funded stimulus projects in
schools. The CFMEU has stepped
in and started negotiations with
major builders on North Coast road
projects, such as Leightons and
Abigroup, to provide job opportunities for the apprentices.
May 30 saw the launch of the first
employment partnership in the
Illawarra, established by the CFMEU.
Negotiations have taken place over
the past four months with Multiplex,
Comet Training and Salvation Army
Employment Plus. The Shellharbour
shopping centre development will be
the home of the program, which will
guarantee training for 30 youth from
the Illawarra, with 10 designated
positions available for youth from an
indigenous background. All participants will be trained with job ready
skills for the construction industry –
it is hoped subcontractors on the job
will be able to employ the apprentices. A big thank you to Munro
Jones, CFMEU delegate at Multiplex
and Committee of Management
member, for his help in getting this
venture up and running.
BETTER IN BEGA
Organiser Mick Lane and Hanlon
travelled to Bega to follow up and
settle wage claims for employees on
the Bega Shopping Centre undertaken in April. Assisted by Nick
Fodor of Cbus, it was discovered
formworking company, Oakdale
Formwork, had established a shelf
company and had not paid superannuation or ACIRT entitlements for
six months. This works out roughly
to $440 a month in missed superannuation and $280 a month in long
service leave. Hanlon says initially
30 workers were affected by this
claim, but the union is now looking
at the entitlements of other workers.
HEALTHY WIN
Bega also saw a successful negotiation by Lane on behalf of a
long-time CFMEU member who
had been made redundant due to
health issues, which the worker and
the CFMEU felt was unfair. Initially
the employer was not willing to
pay entitlements, but an agreement was reached to pay six weeks’
salary, ACIRT and superannuation.
May also saw the first trip of the
Illawarra-based organisers to Wagga
Wagga where in collaboration with
Victorian, ACT and NSW regional
organisers, federal government
road projects were checked for
safety and industrial compliance.
Organiser David Kelly has also held
mass meetings on a number of road
project sites up and down the coast
– including the M2 Motorway,
Hunter Expressway and anticipated
Berry and Nowra bypasses.
BRIDGE OF SORROWS
The David Pulver Memorial Bridge has been officially opened and will provide a
constant reminder of the need for safety on construction sites, Organiser David
Kelly says. The Hume Highway bridge has been named after the 39-year-old,
father of two who was killed on July 1 last year while working on the highway
upgrade near Tarcutta.
The CFMEU, along with Pulver’s former workmates, successfully lobbied the
previous NSW Labor Government to mark his death with a memorial bridge.
In a opening recent ceremony, workmates, CFMEU representatives,
Leightons’ management and officials were joined by Pulver’s parents Brian
Pulver and Deanna Rutter, sister Liza Baker, wife Sara and his two young
children Lewis and Lilly, pictured right. Ms Baker paid tribute to Leightons,
the Union and her brother’s workmates for lobbying “to make this special
memorial become reality”.
“What a wonderful memorial this will be for all of the family, especially
Lewis, 5, and Lilly, 3, to visit and remember their father in future years to come
and know that his life meant so much to so many people,” Ms Baker says.
She says her brother’s death shows the need to put safety first on construction sites. CFMEU Organiser David Kelly spoke at the bridge opening
and says the naming of the bridge after Pulver, who was 39, was an important moment for his workmates.
“It also highlights the need to put safety front and foremost on all workplaces sites. At least one person a week dies in a workplace accident – we
should remember the toll that takes on their family and extended network of
friends and work to ensure this death toll falls.”
Leightons Brett Smythe told the ceremony that “when this bridge is named
for David today it becomes more than just a bridge. It becomes a permanent
marker of our respect for David and his family. It also becomes a reminder of
the commitment to relentlessly pursue safety in all workplaces everyday.”
UNITY 19
INTERNATIONAL DAY OF MOURNING
BREAKING
GROUND
Professor Michael
Quinlan
THE COST OF LOSS
“When I had to choose his coffin, I thought to
myself... I can’t believe I am picking out a coffin.
This is horrible... He was full of life. I should be
picking out a holiday not a coffin.”
“Nothing can mend the broken heart of a mother.
Nothing. You try. You try, because you have to.
You have to try. But you always come back to it.
You always say, why did it...? It shouldn’t have
happened. It should not have happened.”
“There is nothing that anyone can do to make
you feel better... He’s still gone. He’s not back.
He’s gone. He’s not coming back. It doesn’t
matter what you say to me. He’s gone. He’s not
coming back. It’s only I who has to find a way
to – I don’t know – come to terms with it all.”
“When my husband died, I lost everything. That
is what I lost. I lost everything. I lost him. I lost
the father of my children. I lost my future. I lost
everything that day, that very day... which I am
still trying to put together. Like, you are put in a
puzzle where you can’t find the pieces. There
are no pieces to put it back together.”
UNITY 20
THEY ARE VOICES OF THOSE who until now
have not been heard – the families of those
killed in workplaces. Thanks to research, commissioned by the Workplace Tragedy Family
Support Group, the experiences of the children,
parents and partners of those who have been
killed on work sites is being recorded and the
impact on their lives measured.
Professor Michael Quinlan, of the School of
Organisation and Management at the University
of New South Wales, says the study of seven
families shows workplace deaths have significant
impact on families, emotionally and financially.
“It’s not often recognised that when the primary
income earner dies, it places a family in quite a
perilous state, their whole life changes and their
family just takes a turn,” Professor Quinlan said.
“The research also looked at how the institutions
and regulators had dealt with families. They often
felt very remote from the process and that there
was a lack of closure.
“The family weren’t kept in the loop, and often
they didn’t know that a prosecution or coronial
inquest was occurring until almost after the event.
“Or they felt, and I think justifiably, that
not enough investigation had occurred
after the incident.
There’s a sense that justice hasn’t been done.”
The research also highlights weaknesses in the
management of the trauma to meet the needs of
families. For instance, counsellors often come in
straight away, but families often say that what they
needed was support six or 12 months later.
Professor Quinlan says groups like the
Workplace Tragedy Family Support Group are
“pivotally important in reminding the community
about what the cost of workplace health and safety
problems really are.
“The people here who’ve lost a loved one live
with that everyday of their life after that. That’s
something that we need to keep in mind when we
talk about the cost burden of Occupational Health
and Safety because we’re only talking about the
financial costs, we’re not talking about the costs
to people in that harm.”
The research undertaken is unique in its focus
on the impact of workplace death on families.
Professor Quinlan was surprised to find that even
though there is a body of research on death and
trauma, there is nothing on workplace death.
The findings will be published in two articles
for international journals, one looking at consequences of the death on the family and friends; the
second looking more at the regulatory response.
Professor Quinlan is now seeking funding for a
more substantial report on this issue.
Professor Michael Quinlan is patron of the
Workplace Tragedy Family Support Group.
FA M I L I E S U N I T E
IN SORROW
FOR NICOLA BROCK, the international
day of mourning ceremony at Darling
Harbour was a chance to publicly
remember her son, Wade.
The 15-year-old died shortly after a
horrific workplace accident at Australian
Metal Springs at Condell Park last May.
The young man was only two weeks
into his job when his arm was ripped off
by a metal lathe. He survived one day
before he died in hospital.
“It was his first job,” Ms Brock said.
“He was delighted because he wanted
to pay off his own car. And then his life
was just taken away.”
A year later, Ms Brock and her four
daughters were one of the families who
turned out at the public ceremony at
Darling Harbour to honour their loved
ones. Unfortunately, there are many
more stories similar to the Brocks.
Many thousands of Australian families
are devastated by workplace accidents,
with about 500 people killed at work
each year. Globally, 1.3 million workers
are killed at work with many more injured.
The Darling Harbour ceremony
was attended by the NSW Governor
Marie Bashir, the new NSW Workplace
Minister, Greg Pearce, Labor leader
John Robertson and Unions NSW
Secretary Mark Lennon.
Christian, Jewish and Muslim religious representatives spoke and Cristian
Cuevas, from the Confederation of
Chilean Unionists, also attended.
“We must commit ourselves every day
of our lives to ensure safety in the workplace,” Ms Bashir told the mourners.
Families tied cards and wreaths to the
sculpture, Memory Lines, and held back
tears as emotions ran high.
Building unions are actively working
for improved workplace safety. They have
assisted the families of workers killed
to form the Workplace Tragedy Family
Support Group. This group is a support
group for families and also campaigns to
highlight the importance of workplace
safety.
To contact the group, visit website
www.workplacetragedy.com
GRIEF WITHOUT END
Nicola Brock with Chloe, 6, Shenay, 17, top, and mourners place their memory
cards at Darling Harbour, above. Below, Tom, Adele and Eliza Banford and the
Paynter Dixon table at the construction dinner
DINNER HONOURS
OUR COMRADES
THE IMPACT IS FELT FOR GENERATIONS,
but the annual Construction Industry
Safety Dinner has become an important
event to honour the families of those
killed in workplace accidents. More
than 1000 people packed Le Montage
in Sydney on April 29 – a day after the
International Day of Mourning – to help
raise funds for the Workplace Tragedy
Family Support Group.
Among those gathered was Kate
Harvey, whose husband Rodney Bills was
killed in 2001 at White Bay. She has been
at every dinner since they started and
attends the April 28 memorial services.
Her daughter Natalie has also spoken
on construction sites. “That’s been
really important for her,” Kate says. “It
has a big effect, it affects you, it affects
your children, it then affects your grandchildren. We’ve got two grandchildren
who’ve never met their grandfather. But
we talk to them about him all the time
and because it affects their mum, it
affects them too. So it’s just an ongoing
thing, generation after generation, it just
doesn’t seem to stop. Year after year, it’s
always there I guess.”
“It’s important for the whole family
to come and show our support for
the group that’s supporting us. Even
though I am not in that industry, I try
and advocate for safety at work,” says
Eliza Banford, who was there to honour
her uncle Glenn Biddle. Her brother
Tom who has attended the dinner several times adds: “It’s important to raise
awareness for the rest of the industry, not
only for the fact that fatalities can occur
in workplaces, due to unsafe work practices, but also for the effect that that can
then have on the families afterwards.”
The evening, sponsored by the
CFMEU with the support of the Master
Builders Association, is unique for
bringing unionists, bosses and families
together at the same tables.
In his address CFMEU State
Secretary Mal Tulloch put builders on
notice that the union had particular
concerns about the ongoing problem of
contaminated sites and the detrimental
effect it had on workers and the public.
“We will be vigilant and take a noncompromising response to workers
having to deal with asbestos and other
poisonous substances on contaminated land.”
UNITY 21
MAY DAY
LOUD
PROUD
MAY DAY AGAIN BROUGHT OUT the true believers across the
State with a good turnout in Hyde Park, Sydney for the annual
march. The successful march followed on from a fabulous
Unions NSW May Day Toast, co-organised by Assistant State
Secretary Rebel Hanlon.
Marrickville Mayor Fiona Byrne was the keynote speaker and
reminded the audience that, “the history of coming together
to collectively resist exploitation is as old as humanity and is
as strong today as it has been since the industrial revolution,
despite the challenges of an increasingly individualised and
alienated economy”.
In Wollongong, May 6 marked a 100-year anniversary of May
Day celebrations in Wollongong.
The Illawarra May Day toast was well attended on Friday
night by about 150 people. CFMEU guest Cristian Cuevas, of the
Chilean Copper Miners Union, addressed a strong contingent of
marchers on the Saturday morning.
The May Day march started from union headquarters at
Loden Square to Crown Street Mall, the heart of Wollongong
shopping precinct on a relatively busy Saturday morning.
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AWARDS – SYDNEY (COUNTY OF CUMBERLAND)
CONSTRUCTION EBA RATES OF PAY
RATES APPLICABLE FROM 1 OCTOBER 2010
CLASSIFICATION
PER HOUR
CW1
CW2
CW3 (Non Trade)
CW3 (Trade)
CW4
CW5
CW6
CW7
CW8
23.49
24.57
25.59
26.47
27.78
29.08
30.40
31.75
33.08
PER DAY
7.2 HOURS
169.13
176.90
184.25
190.58
200.02
209.38
218.88
228.60
238.18
0.8 RDO
ACCRUAL
18.79
19.66
20.47
21.18
22.22
23.26
24.32
25.40
26.46
PER 36
HOURS
845.64
884.52
921.24
952.92
1000.08
1046.88
1094.40
1143.00
1190.88
TIME & A HALF DOUBLE
TIME
35.24
46.98
36.86
49.14
38.39
51.18
39.71
52.94
41.67
55.56
43.62
58.16
45.60
60.80
47.63
63.50
49.62
66.16
RATES APPLICABLE FROM 1 MARCH 2011
CLASSIFICATION
PER HOUR
CW1
CW2
CW3 (Non Trade)
CW3 (Trade)
CW4
CW5
CW6
CW7
CW8
24.02
25.13
26.17
27.07
28.41
29.74
31.09
32.47
33.83
PER DAY
7.2 HOURS
172.94
180.94
188.42
194.90
204.55
214.13
223.85
233.78
243.58
0.8 RDO
ACCRUAL
19.22
20.10
20.94
21.66
22.73
23.79
24.87
25.98
27.06
PER 36
HOURS
864.72
904.68
942.12
974.52
1022.76
1070.64
1119.24
1168.92
1217.88
TIME & A HALF DOUBLE TIME
36.03
37.70
39.26
40.61
42.62
44.61
46.64
48.71
50.75
48.04
50.26
52.34
54.14
56.82
59.48
62.18
64.94
67.66
CIVIL EARTHMOVING EBA RATES OF PAY
RATES APPLICABLE FROM 1 OCTOBER 2010
CLASSIFICATION
PER HOUR
CW1
CW2
CW3 (Non Trade)
CW3 (Trade)
CW4
CW5
CW6
CW7
CW8
22.60
23.46
23.84
24.33
25.48
26.56
27.61
28.85
29.57
PER DAY
7.2 HOURS
162.72
168.91
171.65
175.18
183.46
191.23
198.79
207.72
212.90
0.8 RDO
ACCRUAL
18.08
18.77
19.07
19.46
20.38
21.25
22.09
23.08
23.66
PER 36
HOURS
813.60
844.56
858.24
875.88
917.28
956.16
993.96
1038.60
1064.52
TIME & A HALF DOUBLE
TIME
33.90
45.20
35.19
46.92
35.76
47.68
36.50
48.66
38.22
50.96
39.84
53.12
41.42
55.22
43.28
57.70
44.36
59.14
RATES APPLICABLE FROM 1 MARCH 2011
CLASSIFICATION
PER HOUR
CW1
CW2
CW3 (Non Trade)
CW3 (Trade)
CW4
CW5
CW6
CW7
CW8
23.11
23.99
24.38
24.88
26.06
27.16
28.24
29.51
30.24
PER DAY
7.2 HOURS
166.39
172.73
175.54
179.14
187.63
195.55
203.33
212.47
217.73
0.8 RDO
ACCRUAL
18.49
19.19
19.50
19.90
20.85
21.73
22.59
23.61
24.19
PER 36
HOURS
831.96
863.64
877.68
895.68
938.16
977.76
1016.64
1062.36
1088.64
TIME & A HALF DOUBLE TIME
34.67
35.99
36.57
37.32
39.09
40.74
42.36
44.27
45.36
46.22
47.98
48.76
49.76
52.12
54.32
56.48
59.02
60.48
UNITY 23
AWARDS – NATIONAL
APPRENTICES
Apprentices rates of pay for apprentices working for an incorporated employer that is covered by the building and construction general on-site award 2010 (ie. the
employer was not previously covered by a State Award/NAPSA)
Important exception: If you are an apprentice and are employed by an employer that is a sole trader or partnership, or you are an apprentice that is aged under 18
years of age, you may be entitled to different rates of pay. If you are a member of the Union contact the Counter Organiser or the Industrial department of the Union
for more information on (02) 9749 0400. If you are not a member: JOIN NOW
These wage rates apply from the first pay period to begin on or after 1 July 2010. To check your pay or for more information call the CFMEU now.
JUNIOR INDENTURED – FOUR-YEAR APPRENTICESHIP
CARPENTER/JOINER/
STONEMASON
Hourly
rate
Weekly
rate
1 s t
9.30
Year
353.44
2 n d
11.07
Year
420.57
3 r d
14.60
Year
554.83
4th
Year
655.52
17.25
BRICKLAYER/TILELAYER
PLASTERER
PAINTER
ROOF TILER
Holiday
Hourly
pay per
Rate
week
Weekly
rate
Holiday
Hourly
pay per
rate
week
Weekly
rate
Holiday
Hourly
pay per
rate
week
Weekly
rate
Holiday
Hourly
pay per
rate
week
Weekly
rate
Holiday
pay per
week
33.06
9.10
345.65
32.36
9.18
348.77
32.64
8.77
333.08
31.22
8.96
340.66
31.91
39.28
10.86
412.78
38.58
10.94
415.90
38.86
10.53
400.21
37.44
10.73
407.79
38.13
51.49
14.40
547.04
50.79
14.48
550.16
51.07
14.07
534.47
49.65
14.26
542.05
50.34
60.67
17.05
647.73
59.96
17.13
650.85
60.24
16.71
635.16
58.83
16.91
642.74
59.51
Weekly
rate
Holiday
Hourly
pay per
rate
week
Weekly
rate
Holiday
pay per
week
JUNIOR INDENTURED – THREE-YEAR APPRENTICESHIP
CARPENTER/JOINER/
STONEMASON
BRICKLAYER/TILELAYER
Weekly
rate
Holiday
Hourly
pay per
Rate
week
1 s t
11.07
Year
420.57
39.13
2 n d
14.60
Year
554.83
3 r d
17.25
Year
655.52
Hourly
rate
PLASTERER
PAINTER
ROOF TILER
Weekly
rate
Holiday
Hourly
pay per
rate
week
Weekly
rate
Holiday
Hourly
pay per
rate
week
10.86
412.78
38.43
10.94
415.90
38.71
10.53
400.21
37.29
10.73
407.79
37.98
51.42
14.40
547.04
50.71
14.48
550.16
50.99
14.07
534.47
49.58
14.26
542.05
50.26
60.59
17.05
647.73
59.89
17.13
650.85
60.17
16.71
635.16
58.75
16.91
642.74
59.44
All the wage rates above include the Award Industry and Tool Allowance. The following fares allowance is also payable for on-site work only.
TRAVEL ALLOWANCE
1st year - $12.38 per day
2nd year - $14.03 per day
3rd year - $14.85
4th year - $15.68
APPRENTICES INDENTURED
Rates of pay for Indentured Apprentices aged 18 years or over working for an Incorporated Employer where the employer was, prior to 1 January 2010, covered by the
Building and Construction Industry (State) Award (NAPSA)
Transitional rates calculated under the Building and Construction General On-Site Award 2010. These wage rates apply from the first pay period to begin on or after
1 July 2010. To check your pay or for more information join the CFMEU now.
These wage rates apply from the first pay period to begin on or after 1 July 2010. To check your pay or for more information call the CFMEU now.
JUNIOR INDENTURED
CARPENTER/JOINER/
STONEMASON
BRICKLAYER/TILELAYER
PLASTERER
PAINTER
ROOF TILER
Weekly
rate
Holiday
Hourly
pay per
Rate
week
Weekly
rate
Holiday
Hourly
pay per
rate
week
Weekly
rate
Holiday
Hourly
pay per
rate
week
Weekly
rate
Holiday
Hourly
pay per
rate
week
Weekly
rate
Holiday
pay per
week
1 s t
7.45
Year
283.18
26.71
7.25
275.58
26.30
7.33
278.62
26.03
6.92
263.04
25.55
7.11
270.26
24.89
2 n d
10.09
Year
383.27
35.91
9.88
375.29
35.46
9.96
378.33
35.19
9.55
362.75
34.74
9.75
370.35
34.05
3 r d
13.16
Year
500.08
46.54
12.96
492.48
46.13
13.04
495.52
45.85
12.63
479.94
45.37
12.82
487.16
44.72
4th
Year
584.67
54.26
15.19
577.07
53.85
15.27
580.11
53.58
14.85
564.15
53.09
15.05
571.75
52.41
Hourly
rate
15.39
UNITY 24
AWARDS – NATIONAL
ADULT INDENTURED
CARPENTER/JOINER/
STONEMASON
BRICKLAYER/TILELAYER
PLASTERER
PAINTER
ROOF TILER
Weekly
rate
Holiday
Hourly
pay per
Rate
week
Weekly
rate
Holiday
Hourly
pay per
rate
week
Weekly
rate
Holiday
Hourly
pay per
rate
week
Weekly
rate
Holiday
Hourly
pay per
rate
week
Weekly
rate
Holiday
pay per
week
1 s t
12.26
Year
466.03
43.24
12.21
464.13
43.12
12.23
464.74
43.07
12.13
461.02
42.95
12.18
462.84
42.79
2 n d
12.46
Year
473.33
44.05
12.41
471.43
43.93
12.42
472.04
43.88
12.32
468.31
43.76
12.37
470.14
43.60
3 r d
13.95
Year
530.18
49.26
13.90
528.28
49.15
13.92
528.88
49.09
13.82
525.16
48.97
13.87
526.98
48.81
4th
Year
589.76
54.72
15.47
587.86
54.61
15.49
588.47
54.55
15.39
584.74
54.43
15.44
586.57
54.27
Hourly
rate
15.52
All the wage rates above include the Award Industry and Tool Allowance. The following fares allowance is also payable for on-site work only.
TRAVEL ALLOWANCE
1st year - $12.38 per day
2nd year - $14.03 per day
3rd year - $14.85
4th year - $15.68
Due to the phasing in of modern Awards you may be entitled to a “transitional rate of pay”. If your employer is a soletrader or partnership, you may be entitled to
different rates of pay. If you are a member of the Union contact the Counter organiser or the Industrial Department of the Union for more information on (02) 9749
0400 If you are not a member- JOIN NOW.
MOBILE CRANE HIRING AWARD 2010
OPERATOR OF
MOBILE CRANE
PER HOUR
TIME & A HALF
DOUBLE TIME
PER 38 HOURS
ACCRUAL OF
0.4 HOURS
PRO-RATA ANNUAL LEAVE
PLUS LOADING
Up to 20 Tonnes
21-60 tonnes
18.46
19.01
27.69
28.51
36.92
38.02
701.43
722.33
7.38
7.60
58.45
60.20
61-100 tonnes
19.56
29.33
39.11
743.13
7.82
61.93
101-200 tonnes
20.05
30.08
40.11
762.03
8.02
63.50
201-300 tonnes
20.89
31.33
41.78
793.73
8.36
66.15
301-400 tonnes
21.43
32.14
42.85
814.23
8.57
67.85
400 tonnes plus
21.97
32.96
43.95
835.03
8.79
69.59
WHERE MORE THAN ONE CRANE IS ENGAGED ON ANY ONE LIFT THE FOLLOWING ADDITIONAL PAYMENTS SHALL BE MADE PER DAY
2 Cranes
2.81
3 Cranes
5.57
4 Cranes
8.33
Over 4 Cranes
11.14
ADDITIONAL ALLOWANCES
Pile Driving allowance
13.64 per day
Demolition allowance
1.80 per hour
Wet Work allowance
54 cents per hour
Dirty Work allowance
54 cents per hour
Car allowance
Overnight allowance
74 cents per kilometre
12.77 per night
Meal allowance
12.73 per meal
Fares and Travel Allowance
23.40 per day
UNITY 25
AWARDS – NATIONAL
BUILDING & CONSTRUCTION GENERAL
ON-SITE AWARD 2010
PER HOUR
TIME & A HALF
DOUBLE TIME
PER 38 HOURS
PRO RATA
ANNUAL LEAVE
PLUS LOADING
.4 OF HOUR
ACCRUAL
19.61
29.42
39.22
745.18
68.46
7.84
Bricklayer
19.40
29.10
38.80
737.20
67.74
7.76
Tilelayer (NSW), HardFloor Coverer
19.61
29.42
39.22
745.18
68.46
7.84
Plasterer, Floorlayer
19.49
29.24
38.98
740.62
68.05
7.80
Roof tiler, Slate Ridge/Roof Fixer
19.27
28.91
38.54
732.26
67.30
7.71
Carpenter,
Bridge & Wharf Carpenter
Stonemason,
Stonemason Machinist
19.61
29.42
39.22
745.18
68.46
7.84
Carver (Stoneworker)
20.75
31.13
41.50
788.50
72.38
8.30
Lettercutter
20.18
30.27
40.36
766.84
70.42
8.07
Special Class Trade
20.75
31.13
41.50
788.50
72.38
8.30
Quarryperson
18.89
28.34
37.78
717.82
65.99
7.56
Signwriter
19.63
29.45
39.26
745.94
68.53
7.85
Painter, Glazier
19.06
28.59
38.12
724.28
69.44
7.62
Refractory Bricklayer
22.29
33.44
44.58
847.02
77.67
8.92
Refractory Bricklayers Asst.
19.50
29.25
39.00
741.00
68.09
7.80
18.89
28.34
37.78
717.82
65.99
7.56
64.24
7.35
GROUP 3
Bricklayer & plasterers labourer, demolition work, pile driver, tackle hand, jackhammer mixer driver, steel erector,
aluminium alloy structural erector, gantry hand, crane hand, crane chaser, cement gun operator, concrete cutting or
drilling machine operator, concrete gang including concrete floater, roof layer (malthoid or similar material) dump cart operator,
stonemason assistant, concrete formwork stripper, mobile concrete pump hoseperson or linehand, insulator
18.02
27.03
36.04
684.76
63.00
7.21
Marker/Setter Out,
GROUP 1
Rigger, Dogger
GROUP 2
Scaffolder, powder monkey, hoist winch driver, foundation shaftsperson, steel fixer including tackwelder, concrete finisher
18.38
27.57
36.76
698.44
FARES ALLOWANCE 16.50 PER DAY
* Where an employer requests a worker to transfer from one site to another site during working hours with their own vehicle an extra 89 cents per kilometre must be
paid.
* Where a worker uses their car to travel to a job outside the defined boundaries an extra 47 cents per kilometre plus on site travelling time from the boundary to the
job and return must be paid.
* The fares allowance must be paid on the rostered day off & superannuation calculated including ordinary time earnings.
LEADING HAND
ALLOWANCE
UNITY 26
In charge of 1 person
43 cents per hour
In charge of 2-5 people
95 cents per hour
In charge of 6-10 people
1.21 per hour
In charge of 11 or more people
1.62 per hour
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Trebamo vašu pomoć da se prekine sa prevarama
s~Ðu:V
ōÒVŎ}euVs}cNÓV~VMōÒV}u
Došlo je do nacionalnog obrušavanja CFMEU-a na lažne
poduzetnike u građevinskoj industriji, kako bi se zaštitila higijenskotehnička zaštita na gradilištima i vaše plaće i radni uvjeti.
Izvještaj sindikata o sve raširenijoj praksi pokazuje da se stvara
«trka na dno» u plaćama i radnim uvjetima i da se pošteni šefovi
poslovanja guraju iz biznisa. То stoji Saveznu vladu i $2.45 milijarde
godišnje u neplaćenom porezu – novcu koji bi se mogao potrošiti
na javne radove i društvene službe.
CFMEU je odlučan u tome da stane na kraj toj prljavoj praksi.
Pregovara s velikim građevinskim firmama kako bi se osiguralo da
se prava i plaće plaćaju pod-poduzetnicima (sub-contractors) koje
angažiraju. Sindikat je također vodio razgovore sa Saveznom vladom,
da se kompanije koje sudjeluju u poduzetničkim prevarama kazne
velikim novčanim kaznama ako ih se uhvati.
Ali mnogi radnici mogu biti lažni poduzetnici (contractors) a da
to i ne znaju. Do lažnog poduzetništva dolazi kad kompanija zaposli
radnike i traži od njih da rade na ABN (australski poslovni broj).
Ali ako radite samo za tog poslodavca i on odlučuje koje smjene i
poslove ćete raditi, onda ste zaposlenik.
Tvrdnje da ćete zarađivati više su laž – građevinski radnici su
iskorišteni u odnosu na mirovinsku štednju (superannuation),
godišnji odmor i radničku odštetu.
To znači ako ste ozlijeđeni na poslu nemate nikakvu zaštitu. Jedine
osobe kojima koristi to lažno poduzetništvo su ti prepredeni šefovi.
Lažno poduzetništvo prijeti industriji i standardima koje su
članovi sindikata teškom mukom stekli tijekom desetina godina.
Možete pomoći tako da postidite te prevarante.
Ako takvo lažno poduzetništvo pogađa vas ili nekog koga
poznate, kontaktirajte vašeg lokalnog organizatora CFMEU-а tako
da nazovete 9749 0400.
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Ɇɨɠɟɬɟɩɨɦɨʄɢɬɚɤɨɞɚɩɨɫɬɢɞɢɬɟɬɟɩɪɟɜɚɪɚɧɬɟ
Ⱥɤɨ ɬɚɤɜɨ ɥɚɠɧɨ ɩɪɟɞɭɡɢɦɚɲɬɜɨ ɩɨɝɚɻɚ ɜɚɫ ɢɥɢ ɧɟɤɨɝ ɤɨɝɚ
ɩɨɡɧɚʁɟɬɟ ɤɨɧɬɚɤɬɢɪɚʁɬɟ ɜɚɲɟɝ ɥɨɤɚɥɧɨɝ ɨɪɝɚɧɢɡɚɬɨɪɚ &)0(8ɚ
ɬɚɤɨɞɚɧɚɡɨɜɟɬɟ
6SDQLVK
9LHWQDPHVH
Se necesita su ayuda
para terminar con el chanchullo
Sự giúp đỡ của quý bạn cần thiết để
chấm dứt các hợp đồng gian dối
La ofensiva nacional del CFMEU contra los contratos falsos o simulados en
la industria de la construcción tiene como objetivo asegurar la seguridad en
las obras y proteger los salarios y las condiciones de trabajo.
El informe del sindicato sobre esta práctica en continuo aumento muestra
que está creando una “carrera hacia lo más bajo” en cuanto a los salarios y
las condiciones de trabajo y llevando a la ruina a los patrones decentes. Está
costando también 2450 millones de dólares al gobierno federal en impuestos
no pagados – fondos que podrían utilizarse en servicios públicos.
El CFMEU está decidido a poner fin a esta práctica escandalosa.
Está negociando con los grandes constructores para asegurar que los
subcontratistas que ellos emplean, paguen los salarios y otros derechos
que corresponden. El sindicato ha tenido también conversaciones con el
gobierno federal con el objetivo de que se impongan multas severas a las
empresas que implementan estos contratos simulados o falsos.
Pero muchos trabajadores pueden ser “contratistas simulados” sin
saberlo. Estos contratos simulados tienen lugar cuando una empresa
contrata a un trabajador y lo hace trabajar como titular de un ABN. Pero si
usted trabaja solamente para un empleador y éste determina sus turnos y
sus tareas, usted es un empleado.
Las promesas de que usted ganará más son mentiras – se estafa a los
trabajadores de la construcción negándoles sus derechos legales, como
ser la superannuation (contribución a un fondo de pensión privado), las
licencias para vacaciones y los pagos de indemnización laboral.
Esto significa que si sufre una lesión en el trabajo no tiene protección.
Los únicos beneficiarios de los contratos simulados o falsos son los patrones
sin escrúpulos.
Los contratos falsos o simulados representan una amenaza para
la industria y para las conquistas que los miembros del sindicato han
alcanzado después de décadas de lucha. Puede ayudar avergonzando
públicamente a quienes utilizan contratos simulados.
Si usted o algún conocido trabaja conforme a un contrato falso o
simulado, comuníquese con el organizador local del CFMEU llamando
al 9749 0400.
Nghiệp đoàn CFMEU trên toàn quốc quyết định theo đuổi việc chấm dứt
các hợp đồng gian dối trong kỹ nghệ xây dựng nhằm bảo đảm an toàn tại
các công trường làm việc và bảo vệ lương bỗng và các điều kiện làm việc
của công nhân.
Các báo cáo của nghiệp đoàn cho biết việc thâu dụng nhân công theo
hợp đồng đang tăng lên khiến lương bỗng và điều kiện làm việc của công
nhân “chạy đua rớt xuống đáy” và khiến những chủ nhân lương thiện phải
đóng cửa doanh nghiệp đồng thời cũng làm chánh phủ liên bang thiệt hại
mỗi năm một số tiền thuế là $2 tỷ 45 –một số tiền lớn mà chánh phủ có thể
dùng vào các công ích xã hội.
Nghiệp đoàn CFMEU cương quyết tìm cách chấm dứt cách thâu dụng
nhân công theo hợp đồng đáng kinh tởm này. Nghiệp đoàn đang thương
thuyết với các chủ nhân xây dựng để bảo đảm là những người phụ thầu
phải trả các quyền lợi và lương bỗng chính đáng cho công nhân mà họ thuê.
Nghiệp đoàn hiện cũng đang thương thuyết với Chính Phủ Liên Bang để
trừng phạt nặng nề các công ty xây dựng hiện thâu dụng công nhân theo
các hơp đồng gian dối này.
Tuy nhiên nhiều công nhân làm việc theo các hợp đồng gian dối này
nhưng không nhận thấy điều này. Hợp đồng gian dối xảy ra khi một công ty
ký hợp đồng thâu dụng công nhân và yêu cầu công nhân làm việc theo Mã
số Công ty ABN. Nhưng nếu quý bạn chỉ làm việc cho công ty này và khi họ
quyết định ca làm và loại việc làm, quý bạn là công nhân của họ.
Nếu họ nói là quý bạn được lãnh nhiều tiền hơn theo cách này, đó là lời
nói láo – công nhân xây dựng đã bị tướt đoạt những quyền lợi hợp pháp như
hưu bỗng, nghỉ hàng năm và tiền bồi thường tai nạn lao động.
Có nghĩa là nếu quý bạn bị thương tại sở làm, quý bạn không được bảo
vệ. Người có lợi trong các hợp đồng gian dối là các chủ nhân bất lương.
Hợp đồng gian dối đe dọa kỹ nghệ xây dựng và các điều kiện lao động
tiêu chuẩn của công nhân mà chúng ta đã tốn hơn bao nhiêu thập niên mới
đạt được.Quý bạn có thể đang làm việc với những chủ nhân thâu dụng công
nhân theo hợp đồng gian dối này.
Nếu quý bạn, hay những người nào khác mà quý bạn biết, bị ảnh hưởng
của các hợp đồng gian dối, xin liên lạc với chi nhánh nghiệp đoàn CFMEU
địa phương ở số 9749 0400.
Established 1912
Paynter Dixon’s highest priority is safety
Established in 1912, the collective effort of the
Hutchies’ team has seen our capabilities and expertise
evolve into a large-scale construction company that
has recently expanded beyond the traditional building
and civil sectors into the mining and engineering
sectors.
Paynter Dixon Constructions are one of
Australia’s most experienced and successful
design and construction groups
Hutchinson Builders has a proud heritage that has
been meticulously crafted over almost a century of
committed effort. With more than 900 experienced
and skilled staff supported by an exceptional financial
capacity and an impeccable reputation for integrity
and fair dealing.
2012
Designers & Builders since 1914
Hutchinson Builders is one of Australia’s largest
privately-owned building and construction companies.
Services offered include:
Project definition
Masterplanning
Details design & documentation
Authority approvals
Cost planning
Programming
Value Engineering
Construction
Facilities Management &
Maintenance
Paynter Dixon Constructions
Phone: (02) 9797 5555
320 Liverpool Road
Ashfield NSW 2131
www.paynterdixon.com.au
Hutchinson Builders (ABN 52 009 778 330)
23 Dunning Avenue, Rosebery NSW 2018
Tel: 02 8344 2400
Web: www.hutchinsonbuilders.com.au
UNITY53
UNITY53
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361
61 784 or visit www
www.cbussuper.com.au
.cbu
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Importantly,
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Cbus ABN 75 493 363 262.
UNITY53
Sargent Security is a
leading provider of security
services to the construction
industry. Our experienced
officers are highly trained in
all aspects, strategies and
techniques of security that
will help reduce theft,
property damage and break
& enters.
• Static Guard
• Alarm Response
• Mobile Patrol
Phone us
• Event
1300 GUARDS
• Cash Escort
1300 482 737
• Crowd Control
WWW.SARGENTSECURITY.COM.AU
• Loss Prevention
• Back to Base Monitoring
SYDNEY | BRISBANE
MELBOURNE | CANBERRA
NSW Master Licence
409660995
UNITY53
Stay in touch with
Construction eNews
Subscribe to WorkCover NSW’s quarterly Construction eNews.
You will find information on the most recent safety alerts,
new WorkCover programs, workshops and other events.
Visit workcover.nsw.gov.au/enews or call
13 10 50
UNITY53
CAPITAL
SCAFFOLDING
PTY LIMITED
Supporting the CFMEU
A F Concrete Pumping
(AUST) Pty Ltd
Ph: (02) 9820 2044
Fax: (02) 9820 2066
Ph: (02) 9625 4596
UNITY53
PPW
ENGINEERING
P/L
• CLASS 1 PRESSURE WELDING
• QUALITY ASSURANCE DOCUMENTATION
• FULL TRACEABILITY
• SITE ERECTION & CONSTRUCTION
• STRUCTURAL STEEL FABRICATION
PH: (02) 6545 9977
FAX: (02) 6545 9999
Email: [email protected]
Penrith Rigging Service
Pty Ltd
Professionals in Planning and Co-ordinating your
specialist requirements in Commercial and
Industrial Tiling.
Also exclusive residential properties upon request.
Commercial – Industrial
Institutional – Heritage
13 Leeds Street, Rhodes
P.O. Box 1493
Green Valley, NSW 2168
Unit 19/250 Milperra Rd, Milperra, NSW 2214
Ph: 9743 0344
Fax: 9743 0455
Mobile: 0418 278 197
Fax: (02) 9608 0191
UNITY53
All Brick and Blocklaying
0418 212 640
0418 966 340
www.ablebricklaying.com.au
UNITY53
UNITY53
Gartner Rose Pty Ltd
Builders • Project Managers • Cost Planners
STRUCTURAL STEEL SPECIALISTS
Unit 4/312 High Street, Chatswood, NSW 2067
6 Maxim Place, St. Marys, NSW 2760
Ph: (02) 9882 2700
Phone: (02) 9623 5247
Fax: (02) 9882 2711
www.gartnerrose.com
UNITY53
DJD
Brick &
Blocklaying
P/L
Brick & Block Laying
Contractors
UNITY53
28 Meta Street
Caringbah, NSW 2229
Ph: (02) 9540 3855
www.fdcbuilding.com.au
Buildup Interior Pty Ltd
Fax: (02) 9540 4190
UNITY53
COMMERCIAL - INDUSTRIAL - DOMESTIC
2 x 31 Metre Boom Pumps Line Pumps for Hire
ALL AREAS
9623 2638
AFTER HOURS OR EMERGENCY 0418 247 984
PO Box 807 St Marys 1790
UNITY53
Supporting CFMEU
19 Beaumont St Campsie NSW 2194
UNITY53
• CONCRETE PUMP HIRE • PLACE & FINISH
Boss NSW
Pty Ltd
ABN 31 059 738 242
Sydney
Melbourne
Brisbane
construction
interiors
refurbishment
technologies
mechanical
Statewide
Concrete Industries
BRICKLAYING
Ph: 1300 786 677
Fax: (02) 9477 6859
UNITY53
UNITY53
ABLE
EVS GROUP
AUSTRALIA
PTY LTD
Pacific Steel
Constructions Pty Ltd
Fax: (02) 9623 1795
Email: [email protected]
UNITY53
12 Elizabeth Street, Wetherill Park, NSW 2164
Supporting the CFMEU
UNITY53
P.O. Box 80, Banksia, NSW 2216
Ph: (02) 9599 0399
Fax: (02) 9599 0388 UNITY53
GLEDHILL
CONSTRUCTIONS
PTY LTD
‘Labour for hire, security services, traffic control’
P.O. Box 479, Hornsby, NSW 2077
Ph: (02) 9757 1177
Fax: (02) 9757 2838
Mobile: 0419 272 360
Meridian Construction
Services Pty Ltd
NEW SOUTH WALES
TILING SERVICES PTY LTD
Ph: (02) 9792 7430 • Fax: (02) 9792 7442
Commercial Fitout and
Joinery Contractors
Ph: (02) 9771 2755
Fax: (02) 9771 2733
UNITY53
UNITY53
Bigway
Interiors
• Scaffolding & Rigging
25 Ilma Street, Condell Park, NSW 2200
170 Rooty Hill Road North
Rooty Hill, NSW 2766
P.O. Box 6011, MINTO BC, NSW 2566
DFM Contracting
Pty Ltd
Tel: 02 9718 5191
Fax: 02 9718 5391
Email: [email protected]
Unit 14/20-22 St Albans Road
Kingsgrove, NSW 2208
Ph: (02) 9150 0711
UNITY53
UNITY53
Consortium P/L
A.B.N. 47 096 505 823
Proud to be Australian
FOR A PROFESSIONAL
APPROACH TO ALL YOUR
CONSTRUCTION NEEDS
We specialize in project management,
steel reinforcement, formwork and
concrete placement.
All projects are welcome and quotes
given.
Tel (02) 9826 0663 Fax: (02) 9608 2090
Mob: 0414 285 670
FOR ALL YOUR
INITIAL AND FINAL
CLEANING NEEDS
1300 368 421
www.deluxecleaning.com.au
Unit 7, 5 Lyn Parade, Prestons, NSW 2170
Email: [email protected]
UNITY53
UNITY53
BUILDING
ON SAFETY
Mirvac
Supporting
Safety
Level 4, 10 Mallett Street
Camperdown NSW 2050
Phone (02) 9565 0000
Fax (02) 9565 0030
UNITY53
UNITY53
Trazmet Group of Companies
GIVE BLOOD
Formwork & Civil Contractors
35 Anzac Ave, Smeaton Grange, NSW 2567
Ph: (02) 4648 3255
Fax: (02) 4648 3277
UNITY53
Sponsored in the interests of Safety by:
City Steelfixing
(NSW) Pty Ltd
108 Quigg Street
Lakemba, NSW 2195
Ph: (02) 9740 4433
Fax: (02) 9740 4426
[email protected]
Supporting the CFMEU
Calcono
Pty Limited
Unit 37, 65 Marigold Street
Revesby, NSW 2212
UNITY53
499-501 Victoria Road
Wetherill Park, NSW 2164
Ph: (02) 9756 5631
Fax: (02) 9756 5932
Web: www.advprecast.com.au
Email: [email protected]
Ph: (02) 9829 3768
Fax: (02) 9829 1164
Ph: (02) 9793 9233
UNITY53
UNITY53
MAYLENA PTY LTD
Building a better future
Simple Interiors specialise in all types of
plasterboard work and office fit outs.
Ph: (02) 9758 7100
Fax: (02) 9758 7255
SIMPLE INTERIORS
Email: [email protected]
www.dasco.net.au
Apprenticeships,
Traineeships &
Quality Training
CELEBR ATING 30
CELEBRATING
YEARS
OF SKILL!
UNITY53
www.simpleinteriors.com.au
[email protected]
Everwilling Cranes
Pty Limited
P.O. Box 6744
Wetherill Park, NSW 2164
Ph: (02) 9892 3377
UNITY53
Talitha Pty Ltd
❖ Concrete Contractors
and
Decorative Concrete
P.O. Box 3637
Rhodes, SC, NSW 2138
17/9 Seven Hills Road
Baulkham Hills, NSW 2153
P.O. Box 109, Lidcombe, NSW 1825
(02) 8732 8444
Telephone: (02) 9649 3455
UNITY53
Phone:
UNITY53
Steel Fixing Specialists
Major Commercial and Industrial
projects undertaken
Ph: (02) 4735 3873
Fax: (02) 4735 3873
Mob: 0418 977 564
UNITY53
UNITY53
Zenith
Workforce
PTY LTD
Level 1/23 Wentworth Street
Parramatta NSW 2150
www.betterbuildings.com.au
Ph: 02 9893 7788
Sandro Musumeci – 0420 974 406
Tony Khoury – 0412 639 485 UNITY53
SUPPORTING SAFETY
UNITY53
RAFFIN & CO
P.O. Box 737, Ingleburn, NSW 1890
1600 Canterbury Road
Punchbowl, NSW 2196
UNITY53
ALKON
CONSTRUCTIONS
PTY LTD
EMR CRANES
PTY LIMITED
UNITY53
email: [email protected]
P&T
Formworking
& Welding
Pty Ltd
16 Victoria Street
Malabar, NSW 2036
Mobile:
0418 463 937
UNITY53
Sydney Traffic
Control
sets the standard the others
try to follow
Proud to have been involved with yet
Ph: (02) 9686 6636
UNITY53
GIVE BLOOD
another successful Watpac Project
• Hire of Traffic Control crews and equipment for
all types of projects
• Traffic management plans and solutions
• RTA accredited Traffic control crews
• 24 Hour service and emergency response
OFFICE: (02) 8336 0207 MOBILE: 0400 441 775
www.sydneytrafficcontrol.com.au
UNITY53
Ace Contractors Pty Ltd
Tiles & Ceramics
125-135 Bonds Road, Riverwood, NSW 2210
Phone: (02) 9584 4000 Fax: (02) 9584 1750
Artel Constructions Pty Ltd
3a Racecourse Road, Gosford West, NSW 2250
Phone: (02) 4324 4261 Fax: (02) 4367 3962
Email: [email protected]
Web: www.artel.com.au
Carfax Commercial Constructions Pty Ltd
4/5 Narabang Way, Belrose, NSW 2085
Phone: 1300 830 200 or (02) 9986 3788 Fax: (02) 9986 3799
Web: www.carfax.com.au
City Wide Glass & Aluminium
Supporting CFMEU
Phone: 0412 229 235
Email: [email protected]
Cubic Interiors
Unit 4/4 Avenue of Americas, Newington, NSW 2127
Ph: 1300 028 242 Fax: 1300 056 369
Email: [email protected]
Web: www.cubicgroup.biz
E-Masonry Contracting (NSW) Pty Ltd
451 The Boulevarde, Kirrawee, NSW 2232
Phone: (02) 9545 1788
Email: [email protected]
Enviro Acoustics Pty Ltd
1/14 Shaw Road, Ingleburn, NSW 2565
Phone: (02) 9605 1333 Fax: (02) 9605 6233
Falco Australia Pty Ltd
★ Supporting the CFMEU
P.O. Box 466, Willoughby, NSW 2068
Phone: (02) 9550 3880
F & F Formwork Pty Ltd
27 Renwick Street, Leichhardt, NSW 2040
Phone: (02) 9550 0333 Fax: (02) 9569 8284 Mob: 0419 242 800
Email: [email protected]
Web: www.fandf.com.au
MDP Group
17/75 Corish Circle, Eastgardens, NSW 2036
Phone: (02) 9700 0354 Fax: (02) 9700 0364
Melvin Pty Limited
32 Pitt Town Road, Kenthurst, NSW 2156
Phone: (02) 9654 0152 Fax: (02) 9654 0149
Morrow Equipment Company L.L.C.
P.O. Box 533, Caringbah, NSW 2229
Phone: (02) 9525 7741 Fax: (02) 9525 0278
Email: [email protected]
Website: www.morrow.com
Pacific Core Cut Pty Ltd
P.O. Box 960, Kogarah, NSW 2217
Phone/Fax: (02) 9593 2298 Mob: 0412 995 558
Email: [email protected]
Web: www.pacificcorecut.com
Prime Marble and Granite Pty Ltd
40-42 Rosedale Avenue, Greenacre, NSW 2190
Phone: (02) 9708 5488 Fax: (02) 9708 1488
Website: www.primemarble.com.au
Southside Reinforcing Pty Ltd
6 Pelican Place, Woronora Heights, NSW 2233
Mob: 0418 461 584
Tasman Access Floors Pty Ltd
P.O. Box 200, Villawood, NSW 2163
Phone: (02) 9728 4111
Unique Flooring (NSW) Pty Ltd
P.O. Box 671, Seven Hills, NSW 1730
Phone: (02) 9838 7011 Fax: (02) 9838 7881
Email: [email protected]
Zoomwave Pty Ltd
38 Gardyne Street, Bronte, NSW 2024
Phone: (02) 9387 6300
UGL Transport & Communications
Integrated Engineering Systems for Road, Rail, Defence
and Communication Systems
40 Miller Street, North Sydney, NSW 2060
General Beton Co Pty Limited
27-33 Pery Street, Matraville, NSW 2036
Phone: (02) 9666 8788 Fax: (02) 9666 8733
Email: [email protected]
Gerry’s Glass Service Pty Ltd
20 Moore Street, Leichhardt, NSW 2040
Mob: 0418 700 052 Ph: (02) 9660 7722 Fax: (02) 9660 7733
Inner West Demolition Pty Ltd
Suite 23/532-536 Canterbury Road, Campsie, NSW 2194
Phone: (02) 9789 5111 Fax: (02) 9789 5011
Email: [email protected]
Tel: +61 2 8925 8925 Fax: +61 2 8925 8926
www.ugllimited.com
Email: [email protected]
UNITY53
Supporting the CFMEU
DALMA CORP. PTY LTD
Unit 11/33 Ryde Road, Pymble, NSW 2073
Ph: (02) 9498 2466 Fax: (02) 9498 5914
UNITY53
WORLD
FAIR GO FOR
CHILEAN
MINERS
FOR A FEW WEEKS LAST YEAR the
world’s attention turned to the
Copiapó mine in San Jose, Chile,
where 33 men were trapped in an
underground mine.
The men were dramatically
brought back to the surface after
a record 69 days underground
in a rescue operation that transfixed the world.
What is less known is that
most Chilean workers operate in
extremely unsafe working conditions that lead to many deaths
and injuries.
The country has 1 per cent of
the world’s mine workers but
8 per cent of deadly accidents.
Conditions at the San Jose
mine were extremely unsafe
before this accident. A worker
died there in 2007, the mine
was temporarily closed and
the company warned of safety
breaches.
Cristian Cuevas is a union
leader for Chilean copper
workers who visited Australia
recently as part of an international campaign to pressure the
BEFORE
BEFO
BE
FORE
FO
RE AND
A ND AFTER
A FT
FTER
ER
DIGGING FOR SUPPORT
Cristian Cuevas meets workers at the Liverpool Hospital building site,
top, and paid his respects at the memorial to the Illawarra’s miners in
Wollongong’s central business district.
government to sign ILO convention 176, which guarantees the
rights of mine workers.
During the triumph of the
rescue, Chilean president
Sebastian Pinera promised to
sign the international treaty and
improve the country’s appall-
ing safety record, but since then
nothing has happened.
“At the time of the Copiaco
rescue the government gave
a commitment to workers
to improve safety. But it was
only words. It was a great big
lie. Nothing has been done to
improve conditions.”
In fact Cuevas said since the
rescue 14 workers have been
killed in mines and received
little attention.
“Until now the government
has not made any effort to
improve conditions.”
Cuevas visited many construction sites in NSW to raise
awareness of the plight of
Chilean workers and managed
to get 1000 people to sign a
petition pressuring the government to improve conditions.
Ab o u t 2 5 t r a d e u n i o n
organisations sent letters to
the Chilean president urging
him to demand the government sign the convention. The
groups included Unions NSW,
Victorian Trade Halls Council,
the ACTU and the CFMEU.
Cuevas was impressed by the
power of the union in Australia.
“In Chile we struggle for our
rights. In Australia the union is
strong. We are very grateful for
the support and solidarity.
“We will never forget it.”
UNITY 35
COMMUNITY
A WORLD OF HELP
CFMEU MEMBERS at the Built job
– Park Hyatt at the Rocks – were on
their best behaviour recently when
Miss World Australia Ashleigh
Francis dropped in for a bit of fundraising. Francis was helping out the
Schizophrenia Research Institute
in its annual SwearStop campaign,
which calls on people to stop
swearing for a week.
Although swearing is not
something normally associated
with Miss World, Francis says
from time to time she needs
to watch what she says.In the
CFMEU ranks, cursing is something of a trait, but the boys at
Build were all pleases and thankyous as the bucket was passed
around.
Site delegate Larry Valesini,
said, “The guys were on their
best behaviour and were proud
to do their bit”.
Well-known cusser, Assistant
State Secretary Brian “Sparkles”
Parker took up the challenge last
year with great success, although
there were a few lapses according
to sources close to the action.
CFMEU Senior Legal Officer,
Rita Mallia, who is also the
CFMEU’s representative on
the board of the Schizophrenia
Research Institute says the
union is proud to support the
efforts of researchers in the
field.
“With this disease that affects
one in 100 people, particularly
young people, it’s important
that the CFMEU and its members support the cause, one
that the union has been proud
to be a part of for more than
a decade,” Mallia says. If you
want to support the research
work of the Schizophrenia
Research Institute go to www.
schizophreniaresearch.org.au
Already this year SwearStop
has raised $35,000 which will be
used to fund research into mental
health.
I N T WOM E N ’ S DAY
THE 100TH ANNIVERSARY of
International Women’s Day saw a huge
delegation of the CFMEU’s female
officers and staff rally under the union
banner in Sydney. The CFMEU marked
it as Australian unions were pushing their
equal pay claim to close the persisting
gender gap in pay that leaves women
earning almost 18 per cent less than men.
However the CFMEU’s Rita Mallia
says in construction there is no gender
gap. “All women in this industry – be
they crane operators, carpenters, scaffolders and painters, operating heavy
plant on civil jobs or as ticketed workers
and labourers – benefit from the same
wages and conditions as the men.
The CFMEU has been a proud
UNITY 36
supporter of many of the women’s
campaigns for equality over the past
100 years, including the recently introduced Paid Parental Leave.
The Union also supports the
current national equal pay test case
for social and community service
workers to redress pay discrepancies,
which may lift the pay rates of up to
150,000 women workers.
“The struggle for pay equity is
an issue for everyone. If women
working in service sectors can earn
better wages as a result of this case,
that will only benefit families and the
Australian community and economy,”
says CFMEU Construction Division
National Secretary Dave Noonan.
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Is it fair?
MAKE LIFE FAIR EVERYWHERE,
BECOME A GLOBAL JUSTICE PARTNER.
Union Aid Abroad APHEDA
The overseas humanitarian aid agency of the ACTU
Call 1800 888 674 or visit apheda.org.au
HISTORY
S H O R T PAY W E E KS
R A I N E D AWAY
For many young workers
today, the pay, rights and
conditions they enjoy are
just a fact of life. However,
they were hard won
through the struggle and
sacrifices of past generations. This article recounts
how building workers got
to keep their feet dry and
their wages intact.
THE BUILDING INDUSTRY was
an industry of short weekly
pays back in the early 1940s.
During those years building
workers were only paid for time
worked plus one week annual
leave pay.
This meant on weeks when
it rained and it was too wet to
work building workers got a
short pay.
When there was a public
holiday or the worker was off
sick that was also a short pay
week.
When they lost time between
jobs they got no pay.
Building workers were paid
pay loadings that were meant
to financially compensate them
for these non-paid days. These
loadings were added to their
wage rate.
The problem was that most
building workers lived from
week to week and never put
money away to pay the bills
during short pay weeks or
weeks where they got no pay.
Like other blue-collar
workers they never received
long service leave, redundancy
pay or superannuation. So the
building industry was an uncivilised industry to work in.
The first step taken to address
this problem was to increase
annual holiday pay from one
week to two weeks in 1945.
WET WEATHER PAY
In the early 1950s Victorian
building workers took the next
step when they won the right
to be paid for time lost through
wet weather – up to eight hours
in any one week.
Soon after NSW building
workers took another step
forward when they won the
right to be paid for the first 32
hours lost in any one four-week
cycle.
The difference was for
example, if four days were lost
in any one week because of rain,
Victorian building workers only
got one day’s pay where the
NSW building workers got four
day’s pay.
Later on time lost through
excessive hot weather was also
paid for and now it is called
inclement pay.
EMPLOYER’S SOMERSAULT
Before wet weather pay was
won, employers would usually
close down the worksite for
the day if it was raining when
the workers turned up for
work.
The workers would stay in
the sheds at least until smoko
playing cards, telling jokes
or talking about race horses
or football before a decision
was made about whether the
job was to be rained off. This
was because sometimes the
weather would clear and that
meant the men could work
and be paid.
When the new award
provisions were introduced
the employers did a somersault. They wanted the
men to stay on the job at
least until smoko time and
in most cases until lunch
before a decision was made
on whether the job would be
rained off for the day.
The other problem was
that disputes developed about
what constituted rain. The
employers argued that when it
was sprinkling it was not rain,
and “rain” was only if it was
very heavily sprinkling. The
workers argued the reverse.
Different employers made
different decisions.
On those jobs that were
unorganised heavy or light
sprinkling was not regarded
as rain and the workers were
required to work. On jobs
where there was some level
of union organisation, heavy
sprinkling was regarded as
rain, but the men worked if it
was only light sprinkling.
On well-organised jobs,
light as well as heavy sprinkling was regarded as rain and
the men did not work.
That argument still exists
today in the area of safety. The
level of safety is determined by
the level of organisation. That’s
how it is in respect of all differences between workers and
employers.
Tom McDonald
Former National Secretary
Building Workers Industrial Union
(BWIU)
UNITY 37
YOUR HEALTH/OBITUARIES
IT’S YOUR LIFE
WHEN ANDREIA JONES LOST her
father to leukaemia, the young
mother decided to put her grief
to good use. Jones is hoping her
father’s story will encourage men
to take more responsibility for their
health and go see a doctor.
“I wanted to write this story to
make others aware – especially men
– on how important it is to have at
least two full check-ups during the
year,” says Jones. “On my dad’s ward
there were more men then women
and I asked the doctor why and he
bluntly said, ‘Andreia men don’t like
going to the doctor and when they
eventually do go it is too late’.”
The first sign that Andreia’s dad
Alipio Jones was ill was when he came
down with a burning fever that would
not go away. Blood tests taken while
he was in emergency showed he had
AML leukaemia – the most aggressive
form of the disease you can get.
“My dad had been handed the
biggest challenge of his life, yet he
never gave up on a challenge – he
thought his life was worth fighting
for,” says Jones.
“He came to Australia with only
$100 in his pocket, a wife and two little
girls. He had come here to give us all
a better life. He had worked hard all
his life and was proud of what he had
come to this country with and what he
had managed to achieve. He and mum
were the happiest they had ever been.
For the next nine months, Jones
went through intense treatment and
chemotherapy, making it briefly into
remission. However two weeks after
his last round of chemo he caught a
virus and on September 5 last year
– Father’s Day – with his immune
system depleted the virus claimed
his life. “The night before he had
played his guitar and sat in a chair
telling his three grandchildren old
stories about when he was young –
we all talked for hours, he told us he
was okay and that he would one day
watch over us,” recalls Jones.
“The kids got taken home and the
rest of the family stayed with him, we
said goodnight, kissed him and in the
early hours of the morning he let out
a soft, but deep sigh, his eyes opened,
he smiled and then shut them again
– I think he just wanted to see us one
more time before he left.
“The feeling of peace we all felt in
that room was amazing.”
Jones urges men, of all ages, to
honour her father by going to see a
doctor “for any ache or pain or discomfort you have”.
“Let the professionals determine
whether it’s important or not. You’ll be
thankful that you did go.”
Jo n e s a l s o u r g e s C F M E U
members to donate to the Leukaemia
Foundation to help it fund research
and to donate blood, which is critical
in keeping sufferers alive.
FALLEN
COMRADES
We salute members lost since the
last edition of Unity.
“Scotty Bob” Lewis died earlier
this year after a battle with cancer.
A former delegate and long-term
union member, he had worked with
Action Scaffolding during his career.
Sydney Harbour Bridge worker
John Langley passed away at work
in March from a suspected massive heart attack. A former CFMEU
delegate on the bridge he was
highly respected by his workmates,
who were devastated by his death.
Fittingly, according to mates, his
funeral started with a rendition of
George Thorogood’s One Bourbon,
One Scotch, One Beer.
Also lost is Roy Bishop, a scaffolder
in the industry for more than 40
years. Also a former delegate and
long-term member, he played a
large role teaching the scaffolding
ropes to many Islanders.
Vale, our friends, we will continue
the struggle in your honour.
INDUSTRIAL HEALTH MATTERS
PEGGY TROMPF
›› WOMEN SAY STOP
AT A RECENT INFORMATION DAY at the Lidcombe
office, women CFMEU members raised many
health and safety concerns. Among them were lack
of toilet and washing facilities, working with chemicals, working at height, little or no rest breaks,
working in extreme temperatures, sexual harassment and physical violence and verbal abuse.
Most women working in the sector are on
casual rates and therefore feel very vulnerable
about their job security, especially if they raise
their concerns to the boss.
One serious problem that crosses gender lines
UNITY 38
is the amount of assaults experienced by traffic
controllers, and there have also been a number of
deaths due to vehicle collisions with workers.
Women say that driver training does not
include basic instruction about mandatory
requirements to halt at stop signs at road works.
Some drivers become very aggressive, ignore
the signs and there are many instances where traffic controllers have narrowly escaped injury from
drivers or their vehicles.
Traffic control companies vary in their attitude
to their female employees, with some having
good safety and industrial policies in place, while
others neglect the very basics of decent working
conditions.
Due to their employment conditions, these
women do not have safety committee representation, and letting the union know about bad conditions as soon as they can is the best protection
they currently have.
Peggy Trompf is a University of Sydney researcher
specialising in occupational health and a former
director of the Workers Health Centre in Sydney
DRUG & ALCOHOL
ANOTHER ROUND
Participants in the golf day had an above-par day out and below workers watch the new video
ABOVE PAR
PERFORMANCE
A BIG THANK YOU to all who attended
or supported the Building Trades
Group of Unions Drug and Alcohol
Program 2011 charity golf day recently.
In its third year, the event
attracted employers, workers and
union delegates –altogether more
than 100 people turned out at
Camden Valley Golf Course.
Companies sponsored individual holes, a large number of raffle
tickets were sold and a substantial
amount of money was raised. The
event has become a big hit as it
combines a fun day out with raising money for a great cause.
The Program’s Tom Simpson
thanked all the sponsors. “It is our
sponsors who really make this day a
great success. We value their ongoing support.” The money raised
goes towards providing supporting
the work done by the Program.
Hats $10
2011 SPONSORS
Alpene Group
Axis
Baulderstone Group
Bovis Lend lease Darling Walk
Brighton Australia
Built
CFMEU Const & General
City East Carpentry
CRC Commercial & residential
DeiCorp
Fine Touch
Hutchinson Builders
Instant Access
Landscape Solutions
Lawrence Group
Lend Lease fitout
Lindales
NSW Tiling Services
Reed Group
Southside Reo
Theo Brothers
Thiess
Kids T $8
Polo Shirts $20
BIG
G DEMAND FOR NEW VIDEO
The Building Trades Group of
Unions Drug and Alcohol Program
continues to promote its updated
Just Not at Work, Mate video. The
short film provides information
for workers and employers about
how to deal with drugs and alcohol
in the workplace.
The program’s Tom Simpson
recently visited a Sydney site to
show the video and said it was well
received. “It’s a big hit with the
workers. It is well received and we
have never had any negative feed-
HiVis Polo $12
Streetwise Safety Specialists. For all your Safety and Uniform needs.
Stop in at the shop located in the foyer of the CFMEU Building. Or call us on 02 4225 7575
b
k It hit
i ht notes.”
t ”
back.
hits allll th
the right
The video gives an overview
of some of the problems around
drugs, alcohol and gambling. It
also highlights the work done by
the program. Its available for purchase to companies both in and
outside the construction industry
and comes with a training pack
that includes overheads, trainers
notes and the DVD.
If you would like to purchase a
copy or arrange to have the video
shown at your site, please call us
on 02 9555 7852.
HiVis Drill Shirts $25
GREEN BANS
PRIDE OF PLACE A mural at Woolloomoolloo commemorates the green bans and inset, Jack Mundey being taken away by police
STOPPED WORK
1971: Kelly’s Bush, Hunter’s Hill.
1972: The Rocks.
1976: Bellevue House at Blackwattle
Bay, which is bought by Leichhardt
Council in 1981 and restored and
re-opened as a community facility
in 2007.
1995: RTA site in Erskineville slated
for high-rise development – now
Green Bans Park.
1998: Ban on Conservatorium
of Music redevelopment. Design
changed to incorporate glass and
sandstone in wall, size reduced.
1999: Ban on works at Seaforth
TAFE, Manly. In March 2011, Manly
Council announces plans to buy at
a discount price to turn into community facility.
2000: Plan to build McDonalds
at the entrance of Centennial Park
on Anzac Parade and Lang Road
WESAVEDTHISCITY
Close your eyes and just imagine:
McDonalds at the entrance to
Centennial Park; modern highrise at The Rocks; a “privatised”
harbour foreshore lined by highrise apartments, no Finger Wharf at
Wolloomolloo, Newcastle’s historic
East End demolished, Wollongong’s
majestic Regent Theatre no more.
That is the Sydney, Newcastle
and Wollongong we would live in
today if not for the CFMEU and its
predecessor unions’ use of Green
Bans.
On June 16, the CFMEU marks
the 40th anniversary of the first
green ban. On that day Jack Mundey,
then NSW secretary of the Builders
Labourers’ Federation (BLF), joined
forces with a group of conservative
Hunter’s Hill housewives to save
the last patch of bushland on the
Parramatta River.
The win at what is known as
Kelly’s Bush was to be the first of
many victories for the union.
During the 1970s, the BLF, under
the leadership of Mundey, Joe Owens
and the late Bob Pringle, with the
support of the Building Workers’
Industrial Union and the Federated
Engine Driver’s and Firemen’s
Association (FEDFA) imposed more
than 42 green bans to protect heritage
buildings, parks, bushland and even
historical suburbs in Sydney.
The most high-profile of the battles
was to save The Rocks. The BLF
banned its members from working
in The Rocks, effectively stopping its
development.
But the battle came to a head when
a developer using non-union labour
UNITY 40
broke the ban by starting demolition of old garages in Playfair St in
October 1973. “We stopped work
on all of Sydney’s building sites and
marched on The Rocks,” recalls
Mundey. Arrests, media coverage and
government and developer outcry
followed, but the public was on the
side of the workers.
“Without Jack Mundey and his
intervention, The Rocks would have
looked much the same as the Sydney
central business district, generally
high-rise modern development with
individual older buildings interspersed,” the National Trust wrote in
a submission supporting the creation
of Jack Mundey Place in The Rocks.
For Mundey and his comrades,
the use of the green ban was a natural
extension of workers’ rights.
“It’s not much use us getting great
wages and conditions if the world we
build chokes us to death,” Mundey
said in a 1972 interview.
Much more than just saving
patches of green space and important heritage buildings, Mundey and
the building workers he led told the
world that working people had a conscience and that they would exercise
it through how they used their labour.
The takeover of the BLF by Norm
Gallagher and his right-wing supporters
saw green bans abandoned and the cult
of development once more to the fore.
However in the 1990s green bans
re-emerged in NSW under the leadership of CFMEU Secretary Andrew
Ferguson and President Peter
McClelland.
In the early 1990s the CFMEU
imposed a ban on the demolition of
Finger Wharf at Woolloomooloo,
which lasted for 2.5 years and eventually saved the wharf. In Erskineville
green bans saved scarce green space
from being developed and is now
commemorated as Green Ban Park.
At Pyrmont, children splash in a
wondrous waterpark playground built
on land that save for a green ban would
now be privatised harbour foreshore.
McClelland says groups that seek
the union’s help in saving their urban
environments do not often realise the
cost to the workers involved.
“When we place green bans, we
are sometimes acting contrary to our
members’ best interests in terms
of securing work and during John
Howard’s government, workers
faced huge fines if they took industrial
action,” he says.
Some victories took time to
achieve. In Newcastle a ban was
placed in 1973 on demolition in the
historic East End and foreshore.
Fourteen years later the world’s
longest green ban ended with a State
government announcement that the
area would be saved.
CFMEU members can be rightly
proud to be part of the green-ban
tradition, says NSW State Secretary
Mal Tulloch, as not only are they recognised locally, but have also been
hailed internationally as a uniquely
Australian contribution to the international workers’ movement.
“Cities are often full of monuments to important ‘people’,” says
Tulloch. “In Sydney the heritage we
have saved is a monument to the
power of the working classes and our
gift to our children’s future.”
blocked. Green bans have been
imposed four times in the park
since 1972.
2001: Maritime Services Board
building at Circular Quay, now the
Museum of Contemporary Art.
2003: Ban on Water Police Site
at Pyrmont results in purchase by
Sydney City Council and its redevelopment into Pirrama Park.
2003: Regent Theatre, Wollongong
– green bans stop demolition and
building now heritage listed.
2005: Ban placed on Ferguson
Lodge, home for 24 long-term
disabled residents threatened with
removal after owners ParaQuad
announced plans to redevelop
home into a respite care centre.
2006: Plan by Totally and Permanently Incapacitated Veterans Association to evict ageing Diggers and
sell Belmore units stopped after
green ban on any redevelopment.
2006: “Red and green” ban on
Redfern Oval over Sydney City
Council redevelopment plans for
Rabbitohs’ spiritual home.
2006: Coastal Patrol building that
houses the Greek Sportsman’s Hall
of Fame, Grand Parade Bright-LeSands.
2007: Killalea State Park – privatisation/development abandoned
after sustained campaign and
green ban.
2008: Wollongong Town Hall –
demolition stopped and building
refurbished.
2008: Wollongong Harbour –
saved by union and community
campaign.
2009: Union Square, Pyrmont,
saved after government announces
plan to forcefully acquire 130-yearold terraces to make way for
Pyrmont station on Rozelle to City
metro.