The Building Worker

The Building Worker
JOURNAL OF THE CFMEU ACT BRANCH CONSTRUCTION + GENERAL DIVISION
WINTER 2012
ACT civil
contractors
sacrifice workers’
safety p05
Gone at last: Govt
unravels ABCC p08
NEW
LOOK
MAG!
PLUS
MORE
INSIDE
»
Your CFMEU
ACT Branch team
Secretary
Dean Hall
0400 074 573
[email protected]
Assistant S ecretary
Jason O’Mara
0433 874 529
[email protected]
Trade: Principals.
THE JOURNAL OF
THE ACT BRANCH
OF THE CFMEU
CONSTRUCTION
& GENERAL DIVISION
Our cover
Dylan Johnstone
has been a CFMEU
member for over 16
months and is currently
working for CTR Pacific
as a mature-aged
apprentice bricklayer.
FEATURES
President
Jason Jennings
0421 074 572
[email protected]
Organisers
05
Fihi Kivalu
(Lead Organiser)
FATALITIES, NEAR MISSES
AND MINOR INJURIES SEND
SHOCKWAVES THROUGH
THE INDUSTRY LEAVING
CIVIL WORKERS WONDERING,
‘WHO’S NEXT?’
0410 627 515
[email protected]
Membership Coordinator
Area: Tuggeranong, Queanbeyan, Fyshwick,
Hume, Parliamentary triangle and Woden (South
of Lake). Trade: Plasterers, carpenters, tilers,
post tensioning, cleaners, asbestos, bricklayers,
concrete, steelfixing, waterproofers, dry wall &
ceilings and facade.
Tony Vitler
0421 074 576
[email protected]
Area: Belconnen and Gungahlin
(North of Lake)
Trade: Scaffolding, cranes, precast, rigging,
windfarm installation and formwork.
08
Cameron Hardy
AFTER YEARS OF CLUMSY
FAILURE, JOHN HOWARD’S
BUILDING INDUSTRY
KEYSTONE COPS, THE ABCC,
IS BEING DISBANDED.
WE WIN.
0421 074 578
[email protected]
Area: Government and Offsite.
Trade: Government, quarry/cement,
maintenance, power generation, kitchens/joinery
and glass/aluminium.
Brett Harrison
0421 074 571
[email protected]
Area: Civil all areas.
Trade: Civil and demolition.
Clyde Stewart
Desktop Organiser
0400 361 294
[email protected]
Gary Hamilton
[email protected]
Industrial Officers
IN THIS ISSUE
13
National Day of Mourning
15
Why Cbus Super is a good idea
19
Disturbing news from our UK comrades
21
How to spot a suicide risk
22
High Risk training - check with your Union first!
26
Get some good CFMEU gear
28
Cecil Backhouse, life member interviewed
29
A measured approach to drugs and alcohol
31
Get fit and healthy, stay fit and healthy
32
Staying vigilant over slippery miners
Garry Hamilton and Shayne Hall
Office Manager
Susan Benton
Membership Officers
Josh Stephenson and Jess Stuart
Finding us
3 Rosevear Place, Dickson
Office Hours: 8:30am–5:00pm
Monday-Friday
Tel: 02 6267 1599
Fax: 02 6249 1247
Mail: PO Box 498 Dickson ACT 2602
Email: [email protected]
Organisers are on jobsites from 7:00am Monday–
Friday, and can be contacted in the Branch Office
after 3:30pm.
For copies of any CFMEU documents, leaflets,
stickers or information relating to anything
discussed in this journal, please contact the
Office.
DEAN HALL BRANCH SECRETARY
STAY ALERT
ON THE JOB
We are all aware of the
dangerous nature of the
building industry and that
we all need to be continually
aware of safety on the job.
unions over many decades have seen
to it that some financial support is now
available to help Australian families in
crisis, through workers’ compensation and
superannuation.
permission to marry you – only, your father
is no longer with you.
Who picks up the pieces if you don’t?
But what happens when a worker goes to
work and doesn’t return
home at the end of the
day? A family is left to deal
with the loss of a loved
one. How does it cope
with the pressures of life
without that person?
What about the non-financial loss? Not
sharing those special
times in your life with
that person. Imagine not
having your father there
when you buy your first
car or celebrate your 18th
birthday.
These are the elements of the real ongoing
loss and pain suffered by families who lose
a loved one through a workplace accident.
Losing an income
earner for the household
can place enormous
financial pressure on
families. However, long
campaigns that included
Imagine that you are
finally with the person you
are going to spend the
rest of your life with and,
culturally, it is appropriate
for that person to ask your father for their
Rest assured,
your Union will
not let up on
its demands
for safer
workplaces
Who looks after the ongoing maintenance
of your home when the person who usually
does this is no longer with you?
Stay vigilant about safety on the job, so you
can return home to your loved ones at the
end of the day. The CFMEU will continue
to fight for safer workplaces across the
building industry.
I would like to take this opportunity to pass
on the Union’s deepest sympathy to the
families of the workers who have passed
away recently on Canberra building sites.
We hope that no other family will ever again
suffer like you.
Remember: at work, safety first.
In April we marched to remember our fallen comrades and to
remind everyone to always be safety vigilant. Full story page 13.
CFMEU WORKER
03
JASON O’MARA BRANCH ASSISTANT SECRETARY
SAFETY IS A MATTER
OF LIFE AND DEATH
Safety in the construction
industry really is a matter
of life and death. At the
time of printing, there have
been four deaths in the ACT
construction industry in the
past six months. This is an
unacceptable blight on the
proud history of construction
work in Canberra.
Two of the fatalities that have broken
the heart (but not the spirit) of our local
construction industry occurred in the
Civil construction sector. This sector
is dominated in the ACT by a group of
business owners (the cartel) that continues
to put profit before safety and endanger the
lives of its companies’ employees.
As well as fatalities, there have been too
many examples to mention of workers
being injured through unsafe work practices
and a lack of safe systems of work.
Bosses Civil in name only –
respond in kind
It is time for workers in the Civil area to
stand up and be counted. You need to
ensure that you and your mates can all
expect to go home safely to your families
each night. After what has happened
in Canberra in recent months, no more
families should have to go through the same
loss and heartbreak that goes with parents
and partners not coming home from a day
at work.
It is time for companies that want to
continue to use dodgy, unsafe practices to
be removed from our industry. Until next
time, stay strong, stay Union, and demand
that your employers provide safe systems of
work. If they fail to do this, make sure that
you call the only place that can offer you
protection in the workplace: your UNION,
the CFMEU.
FIHI KIVALU LEAD ORGANISER
NEW OHS PERMITS
MEAN QUICKER
ACCESS TO TROUBLE
Occupational Health and
Safety laws have now
been harmonised across
most Australian States
and Territories, with
the introduction of the
Commonwealth’s Work
Health and Safety Act 2011.
Prior to harmonisation, occupational health
and safety laws differed from state to state.
The new laws make safety matters simpler
for employers, employees and unions alike.
Under the new laws, CFMEU organisers
have been issued with photo-ID Work
Health and Safety (WHS) permits that allow
us to enter building sites immediately,
04
CFMEU WORKER
without being hindered or instructed, if
we suspect that a safety problem exists
there, and deal with any issue quickly and
efficiently.
Less ACT Government paperwork,
more power to act
For us in Canberra, another useful feature
of the new laws is that Union officials no
longer have to submit ACT Government
reports on every safety issue. Under the
old system, if we identified any problem at
a site, we were compelled by law to send a
safety report to WorkSafe ACT.
Now, if a safety issue is minor and rectified
immediately by the employer, a WHS permit
holder is no longer compelled to issue a
report. This enables more efficient and less
formal handling of minor safety issues, and
frees us up to visit other construction sites –
as opposed to heading back to the CFMEU
office to write up reports.
The new laws provide significant powers
to the permit holder when investigating a
suspected breach of safety laws. These
powers include allowing us to inspect the
site, make copies of any document that is
directly relevant to the suspected breach,
and consult with workers on site in relation
to the breach.
We at the CFMEU hope that the new laws
will assist us in our struggle to keep your
construction sites safer and ensure that you
can expect to return home safely to your
family after each day at work.
CIVIL SECTOR SHAME
First World profits for bosses,
Third World safety for ACT
Civil workers
The CFMEU is alarmed at
poor safety standards in
the ACT Civil construction
industry.
In the last six months, there have been
four fatalities in Canberra. There have been
many more near misses and minor injuries.
These incidents have sent shockwaves
through the industry and terrified many
Civil workers, who just don’t know if they
will be next.
WorkSafe ACT calls a timely halt at
Kenoss Molonglo
Despite the bosses’ apparent contempt
for safety, the CFMEU takes some heart
from a recent statement by ACT Work
Safety Commissioner Mark McCabe, who
declared it a workplace issue of the utmost
importance.
WorkSafe ACT is not just talking about
safety, either. In late March, it shut down
a Kenoss site in Molonglo due to safety
concerns. This action followed the closure
of Kenoss’s Turner site after the death of a
worker there.
If you are working in Canberra’s Civil
construction sector, make sure that you
keep your CFMEU membership up-todate and ensure that your rights onsite are
protected. Also encourage your workmates
to join the Union, as strength comes from
numbers and unity.
Bosses march on, like generals on
the Somme
The pressure to submit the lowestprice bids for tenders is resulting in Civil
contractors cutting corners and putting
their workers’ lives at risk with poor
practices. Rather than take a hit to their
profit margins, many bosses in the Civil
sector would prefer to put workers in
danger. What an un-Australian act, to put
profits before workers.
You would think that after the shock of
these recent fatalities, the sector would
respond by fixing the safety issues
concerned and ensuring its workers’
safety. No, not a bit of it. The Union has
been shocked to learn that Civil industry
bosses are instead trying to further drive
down regulated standards and reduce
safety.
Take for example Joss, a civil contractor
new to Canberra. It recently won the
contract for an ACT Government School
project. When we inspected the Joss site,
the Union found workers with no specific
training lifting loads with chains and slings
excavators.
Instead of the sector investing in the skills
of its workers, Civil employers are lobbying
to water-down safety training standards by
calling for the High Risk Licensing course
to be reduced to one day. The bosses’
faithful lapdog, the MBA has ‘helped out’
by developing a course that meets their
one-day wish list – unfortunately without
the safety requirements. Shame.
CFMEU WORKER
05
CAMERON HARDY ACT GOVERNMENT AND OFF-SITE ORGANISER
Your wages and
conditions: new rules
might help you
Recently, a few members
have asked me about their
minimum entitlements
in relation to pay and
conditions. So I thought I
would take this opportunity
to detail how your wages and
conditions are set.
National Employment Standards
The National Employment Standards
(NES) are set out in the Commonwealth
government’s Fair Work Act 2009 and
comprise 10 minimum standards of
employment. The NES apply to all
employees covered by the national
workplace system. However, only certain
entitlements apply to casual employees.
Agreements such as EBAs also operate
alongside the NES on a ‘no detriment’
basis. This means that employees must
receive at least the minimum conditions
in the NES (to the extent that they apply),
along with the entitlements in their
agreement (provided that they are at least
as beneficial as the corresponding NES
entitlement/s). See below for details on
what happens if and when your site’s
agreement is terminated.
06
CFMEU WORKER
Modern Awards
From January 2010, Modern Awards cover
most workplaces. These awards have
changed the minimum terms and conditions
of many employees, all of which can vary
according to such factors as the State or
Territory you work in, your industry and your
employer.
Modern Awards were created to establish
one set of minimum conditions for
employers and employees in the same
industries and occupations. They set out
minimum employment standards based
on industry or occupation, which apply in
addition to the NES.
Base rates of pay (including transitional
amounts) in a Modern Award override lesser
entitlements in an agreement or contract
of employment at all times, including
agreements and contracts that were made
prior to 1 January 2010. Penalty rates and
allowances in a Modern Award also override
a contract of employment.
However, transitional arrangements have
been included in most Modern Awards to
give both employees and employers time to
adjust to these changes, by allowing new
pay rates to be phased in over a period of
4 years until the full Modern Award rates
apply from 1 July 2014.
If any agreement covering your site is
terminated, then your minimum entitlements
will come from the Modern Award that
covers your work. If there is no relevant
Modern Award, then you will be covered
by your relevant ‘pre-Modern’ award or the
national minimum wage.
Questions
If you:
• are working either in the Off-Site
sector or under the Building and
Joinery Modern award
• would like to know more about the
National Employment Standards
(NES), or
• are just generally uncertain about
what your entitlements are,
please contact Cameron Hardy on
0421 074 578, or email to
[email protected]
Payslips hold the clue
Regarding your entitlements, take my
tip: always check your payslips and the
information on them. In my job, I am
increasingly following up construction
employers around Canberra who neglect or
don’t comply with these basic rules of their
workers’ wages and conditions.
BRETT HARRISON ORGANISER
Civil Sector a
time bomb
As the ACT Branch’s
Organiser for the Civil sector
(and also as a previous Civil
worker), I am alarmed at the
number of death, injuries
and near misses occurring
recently in the sector. It
seems that things have only
continued to deteriorate
since the Barton Highway
bridge collapse in August
2010.
Injuries caused by contact with live power
lines and the tipping or rolling of machinery
just should not be occurring. Bosses have
are responsible for ensuring their that
workers are safe from live power lines and
are also appropriately trained to operate
machinery in the safest possible way.
It is time for Civil sector workers to say
‘enough is enough’. Your bosses’ desires to
maximise their profits can never excuse the
risking of your lives. We want to know that
Civil contractors are doing their level best to
make sure your workplaces are as safe as
possible.
Your safety checks will keep bosses
up to the mark
Civil workers also have your own parts to
play in ensuring that your workplaces are
safer. You should always do a quick safety
check at the beginning of each day or when
starting a new task, to ensure that you are
aware of safety hazards. If any concerns
arise from these checks, don’t hesitate to
alert the Union and your on-site Safety Rep.
Stay safe, and please contact me if you
have any safety concerns. It is better
to raise the alarm before someone gets
injured, or worse.
GARRY HAMILTON BRANCH INDUSTRIAL OFFICER
ABCC scrapped!
On 20 March 2012 the Senate
finally passed legislation
to scrap the Australian
Building and Construction
Commission (ABCC) and
replace it with the Fair
Work Building Industry
Inspectorate.
This finally ended the ABCC’s biased and
unfair attacks on building workers and
unions. The campaign to abolish it has been
a long and difficult battle.
The fight continues
As always, we can rely on the Master
Builders Association to come out with
CFMEUV WORKER
not over by a long way. Whilst the Gillard
Government has modified the coercive
powers of the ABCC, the new Inspectorate
retains some powers to interrogate
construction workers. This means that
construction workers will still be subject
to special powers that don’t apply to other
industries – and that’s wrong.
ridiculous comments regarding the
scrapping of the ABCC. The MBA falsely
claims that this will lead to the downfall of
the construction industry. This propaganda
has two goals: frightening the general
community, and smearing the union
movement’s achievement in knocking out
the ABCC.
And in a way, the MBA is right: this fight is
Tony Abbott has also vowed to restore the
ABCC if the Liberals win government at next
year’s election. Make no mistake: an Abbott
Government will be bad for workers and the
union movement.
The union movement should take the time
to rejoice at our achievement in ending
the ABCC and regroup for the further
challenges ahead. Together, we can fight
injustices in our industry.
CFMEU WORKER
07
D
I
GOOD R
ABCC DEMISE
History was made in March when a law to wind up the Australian Building
and Construction Commission was passed in Canberra.
After seven years of having their civil rights
trampled on by the ABCC, workers can now
breathe a bit easier.
Thanks are due to the ALP and Greens,
as well as independents Bob Katter and
Andrew Wilkie, who voted the anti-worker
body out of existence.
This is a time to remember the workers and
officials who faced court, fines and potential
prison sentences for standing up for the
rights of all of us.
It is also a time to give ourselves a pat on
the back. At no stage did the CFMEU back
off in the face of the attacks. This is a great
achievement, and members should take
pride in it. We took the battle up to the
ABCC and kept the Union strong.
While we are not entirely happy that
some of the ABCC’s powers have been
transferred to a new ‘inspectorate’ of Fair
Work Australia (see ‘What’s left?’ on page
10), the changes are mostly welcome.
Sad chapter
The ABCC was flawed from the start,
justified as it was by the findings of the
biased Cole Royal Commission in 2003.
Cole allowed everyone and their dog an
opportunity to say whatever they liked
about the Union without having to back it
up with evidence.
When Howard won control of the Senate in
2004, along with WorkChoices, he created
the ABCC and passed harsh construction
laws. These criminalised union activity and
imposed huge fines for minor breaches.
From its inception, the ABCC was a biased
agency designed to harass and intimidate
Union members and officials.
The ABCC had extreme coercive powers,
which meant construction workers had
fewer rights than all other Australians.
Under its new regime, you were not allowed
to refuse an interrogation. Failure to obey
the ABCC could be punished with fines and
jail.
08
CFMEU WORKER
CFMEU ACT Secretary Dean Hall said:
‘The ABCC was an organisation paid for by
taxpayers to destroy working people lives.
Today the fight still remains to continue to
improve workers‘ conditions of work and to
stop further attacks on workers‘ conditions.’
We took the battle up
to the ABCC and kept
the Union strong.
Fiasco
Workers investigated by the ABCC suffered
months of uncertainty, expense and stress,
although the cases often came to nothing.
The most spectacular failure was the
Ark Tribe case in 2010.
The ABCC tried to coerce Ark to dob
in mates over a safety stoppage on an
Adelaide building site. When Ark refused to
be a give-up, the ABCC charged him under
its extreme powers. The offence carried a
maximum penalty of six months jail.
The magistrate found Ark not guilty, as
Commissioner John Lloyd and his assistant
Nigel Hadgkiss had bungled the paperwork
required for a compulsory interview.
The ABCC never recovered from this
humiliation.
Exposed
One useful thing the ABCC did was expose
the authoritarian tendencies lurking just
below the surface of Australia’s ruling class.
The ABCC cheer squad at the Master
Builders Association and in the Murdoch
press would have been quite happy to see
Noel Washington and Ark Tribe jailed for
refusing to give up what was said at union
meetings.
These steps down the road towards
fascism have been reversed for now, but
workers must remain vigilant.
Tony Abbott has made it clear that
the Liberal Party will bring back the
ABCC if he is elected.
DDANCE!
ABCC targets speak out
NOT
GUILTY
Ark Tribe
Found not guilty of
refusing to attend ABCC
interrogation after twoyear court battle
‘It affected my family, my mother – a lot of
people were very worried – and really, there
is no place for any law in a democracy that
punishes workers for taking action over safety
on the job.
‘I think it’s a wonderful thing that it’s
happened. The Australian people don’t
deserve to have those sort of laws held over
them – although it won’t be finished until they
get rid of the coercive powers altogether.’
Brian Shearer
Falsely accused of threatening an
ABCC inspector
‘What happened to me in 2005 at the hands of the ABCC
still renders me speechless. The ABCC used every strategy
to string out the court case, resulting in two years of
harassment and stress. I think they were hoping that
I would just plead guilty and accept the charges. If it
had not been for the support of the Union, the financial
pressures could have proven all too much and I could
have lost the family home.’
Noel Washington
CFMEU Senior Vice President was
taken to court by ABCC for refusing
to inform on members and
threatened with six months jail
before the case collapsed
‘The ABCC are the biggest bullies I’ve ever dealt
with. The laws they had at their disposal have
no place in a so-called democratic society like
Australia, and they used those laws to go after
ordinary workers.
‘This is about the defenceless people that the
ABCC picked on for trying to protect the safety
of workers. Why should anyone have to live in a
state of fear?’
CFMEU WORKER
09
ABCC DEMISE
WHAT’S
LEFT?
Some of the ABCC’s powers and function will be rolled into the
‘Fair Building Inspectorate’ of Fair Work Australia, which will:
• Enforce the Fair Work Act, not Howard’s construction
industry law. This means penalties for breaches will be
standard, not the ABCC’s absurdly high fines that were
designed to break the Union
• Retain the coercive powers to force people to attend
interviews, but now only after approval is given by a judge
• Drop restrictions on the right to choose your lawyer and to
talk about an interview
TANCE T
ESIS
OA
SR
N
AR
CF MEU
Y
TR
US
• Cease to exist after three years, subject to a review
NSTRUCTION
CO
IN
D
• Have its powers ‘switched off’ on certain projects by
agreement
2001- 2011
KER ATTACKS
OR
IN
-W
I
T
E
TH
• Not be able to prosecute over disputes which have already
been settled. Previously, after a blue was over and everyone
shook hands and got on with work, the ABCC could come
sniffing around and lay charges
10
YE
THREE STRIKES
AND THEY’RE OUT
True to form, the ABCC signed off with a string of legal flops
1
22 December 2011 The Federal Magistrates Court found that
CFMEU Organiser, Gareth Stephenson had raised a legitimate
health and safety issue during road works on the Bass Highway
near Phillip Island. ABCC lawyers had claimed Gareth was trying to recruit
Union members, but were forced to concede that the OHS issue was
genuine. The case was dropped.
2
6 February 2012 The Federal Court found that an ABCC
investigator had ‘failed to prove her claim in any
respect’ that CFMEU Organiser, Jason Bell had threatened to stop
Bendigo Scaffolding from working on a Becon site. ABCC official Michelle
Cozadinos lost the case and was ordered to pay the Union’s costs.
3
8 February 2012 Assault charges against CFMEU Branch
Assistant Secretary, John Setka and former Vice President,
Matt Hudson were thrown out of court. The case collapsed
spectacularly when ABCC inspectors, who had claimed they were attacked
on a Buildcorp site in Carlton in 2009, changed their statements and
admitted to destroying evidence.
010
CFMEU WORKER
CFMEU
CFMEU
CFMEU
ABCC
ABCC
ABCC
CFMEU
CFMEU
CFMEU
ABCC
ABCC
ABCC
CFMEU
CFMEU
CFMEU
ABCC
ABCC
ABCC
THE ABCC 2005–2012
• Set up by the Howard Government to attack construction
workers’ rights and undermine union organisation
• Was condemned 8 times by the International Labour
Organisation for bias and breaching workplace conventions
that Australia has signed on to
• Industry fatalities spiked sharply in 2006-2008, as the
ABCC began investigating workers for raising safety issues
• Embarrassed in 2010 by collapse of Ark Tribe ABCC case,
due to not exercising its coercive powers correctly
• Budget of $35 million per year ($245 million in total)
including $500K salary of Commissioner
• Subsequently found to have unlawfully interviewed 203
people
• Brought cases against the CFMEU and other unions
resulting in over $5 million in fines and millions more in
court costs
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What really happened?
Most inspectors with the Federal
Government’s new Fair Work
Building and Construction (FWBC)
are the same ones who worked for
the ABCC. And they have the same
attitudes – trash construction
workers’ rights. So be wary, tell
them nothing, and make them
unwelcome on sites.
CFMEU WORKER
011
ANTHONY VITLER ORGANISER
Does your current
insurer offer 24-hour
insurance? JLT does
The ACT Branch of
the Union has just
signed the new round
of EBAs with our
Formworkers, and
all of them are happy
that they now have
JLT 24-hour insurance
included as one of the
benefits.
Formworkers have now joined
a number of other Canberra
construction companies who
had previously signed up for JLT,
through their Union agreements
from 1 July 2010.
Union members already
helped by JLT extra coverage
Here in the ACT, they have
already been benefits paid out
to two individuals under the
JLT system incorporated into
the Union’s EBAs. One of those
cases was the result of a motor
bike accident; the other a general
after-hours incident. They were
very happy that they could at
least survive financially and make
essential payments on loans etc.
What you have to remember with
our new JLT agreement is that
you would now be covered for a
lot of things that other insurance
companies will exclude, like
snowboarding, water skiing
and all codes of football (unless
you’re a pro for the Raiders or
Brumbies).
How do you get this great
benefit? You have to rally with
your work comrades and make
contact with the Union office or
one of our organisers to come
have a chat and get you covered
by JLT under an EBA.
Cheers for now.
012
CFMEU WORKER
Significant benefits and features of the JLT
insurance policy
• Can cover all employees of the insured company
• Cover for Injury and Sickness 24 hours a day
• Lump sum and weekly Death and Disablement benefits as a result of injury
• Weekly Disablement benefits as a result of sickness
• Lump sum and weekly benefits for Disablement and/or Sickness as a result of exposure to the
elements as a result of an injury
• Cover for Disappearance
• Rehabilitation and Return To Work assistance
• Escalation benefits in respect of Disablement, where a Temporary Total Disablement Benefit
has been paid continuously for 12 months
• Funeral expenses and associated costs cover (limited to $10,000) in cases of death resulting
from an injury
• Emergency Transport expenses, extending to immediate direct family members (wife or
husband, including de facto, and dependent children under 16 years of age or full-time
students under 25 years of age) for serious injury or sickness necessitating emergency
medical care (limited to $5,000)
• Benefits payable for a maximum period of 104 weeks
Significant Risks/Exclusions
JLT Insurance may refuse claims in certain circumstances. Refer to the policy
wording for full details of terms, conditions and exclusions.
No benefits are payable to you where your injury or sickness:
• is deliberately self-inflicted or intentionally caused by you
• is caused by you being under the influence of intoxicating liquor or drugs
• results from a criminal act committed by you or one of your beneficiaries under this policy
• occurs as a result of war or warlike operations, terrorism or revolution
• occurs as a result of the use, existence or escape of nuclear weapons material or ionising
radiation from or contamination by radioactivity from any nuclear waste from the combustion of
nuclear fuel
• results from engaging in air travel or aerial activities except as a passenger in a properly licensed
aircraft
• results from engaging in, taking part, or training for sports as a professional (where the majority of
your income is derived directly or indirectly from the sport)
• is a sexually transmitted disease, AIDS or HIV infection
• results in any condition such as neurosis, psycho-neurosis, mental, emotional, stress,
depression or anxiety condition disease or disorder or similar condition or any condition that is
a consequence of the treatment of these conditions, unless the you are being treated by or have
been referred to an appropriate specialist
• is attributable to childbirth or pregnancy or the complications of these
• is a pre-existing condition.
National Day of Mourning march to proposed memorial site
On Friday 27 April, CFMEU
Branch Secretary Dean Hall
led a march to mark the
National Day of Mourning
to remember workers who
have died as a result of
workplace accidents.
The march commenced at
the Lend Lease construction
site on National Circuit in
Barton and finished on the
shores of Lake Burley Griffin
near the Carillon, at the
proposed site for a national
memorial to all workers who
have died at work. It was a
very emotional march, with
three workers in Canberra’s
construction industry
having died in the previous
six months.
What has happened
to construction safety
standards?
This recent spate of
accidents has raised
questions about what has
happened to standards and
regulations in our industry.
Why are construction
workers now less sure that
they will return home at the
end of their day at work?
Dave Noonan, National
Secretary of our Union’s
Construction and General
division, addressed the
crowd at National Circuit.
Dave noted that the point
of the National Day of
Mourning was not only to
mourn our fellow workers
whose lives have been
lost, but also to continue
the CFMEU’s fight for our
current members and their
workmates, to ensure that
they don’t become future
victims.
Wayne Vickery’s family
attended the march. In an
emotional tribute to Wayne,
they laid a wreath and
Thank you
turned the soil on the site
of the proposed national
memorial. Everyone at the
ceremony reflected on the
tragedy that is a workplace
accident and the impact
it has on the lives of the
family left behind and fellow
workers.
Please be vigilant at work
and report any safety
concerns you have to your
site’s OH&S Rep and Union
delegate. You are within
your rights to demand a safe
workplace.
No job is worth the risk of
death.
greater security and safer workplaces.
He had many people in the industry he
considered friends, and he was a mentor
to many on site. After speaking with his
workmates, it became very clear to me just
how well liked and respected he really was.
My heartfelt thanks go out to those
workmates who did everything possible on
that tragic day and continue to feel the loss
of one of their own.
Wayne was larger than life, loyal and
generous. He loved a beer or two and a yarn,
to play golf, and was committed to many
community groups – but most of all, he was
a family man who adored his children more
than anything in the world.
Fiona Vickery (centre) with son Jay and daughter Skye. Photo: Canberra Times
On 12 December 2011, my
husband, Wayne Edward Vickery,
was tragically killed in a workplace
accident in McGregor, ACT.
In the hours and days following that terrible
day, I received so much help and support
from the Yass community and the CFMEU.
In particular, I wish to acknowledge the
invaluable practical support and advice
provided by the CFMEU.
When I was told that the CFMEU intended
launching the Vickery Family Appeal,
I was humbled at the prospect of such
an initiative for our family, especially at a
financially difficult time for most families. I
am so totally overwhelmed by the generosity
of the Union, the Government, industry,
business and the response from individuals
nationwide. I take this opportunity to express
my sincere and deepest thanks to all of you
who responded in our time of need.
Wayne spent most of his working life in the
construction industry. He was a passionate
Union delegate, and as such, believed in the
CFMEU’s core values of better conditions,
As we continue to miss him, please know
that your amazing generosity will make our
financial future easier to bear and give our
children, Skye who turns 16 this month,
and Jay who turned 13 the day before the
funeral, a financial future that Wayne was
committed to providing himself.
On behalf of all the Vickery family, I thank
every single one of you for everything you
have done for us. You have shown true
Aussie spirit during a tragic and personal
loss, demonstrating such compassion,
generosity, support, practical help and
friendship.
We are eternally grateful.
CFMEU WORKER
013
CLYDE STEWART DESKTOP ORGANISER
CFMEU helps deliver
12% into your Cbus
accounts
I often get blokes out on the
jobs banging on about how
the unions do nothing for
them and how they can’t see
any benefits in being a Union
member.
But as someone who has been both actively
and proudly involved in the union movement
for many years, I know that that is not true.
You know how it goes; these blokes are
happy to receive the benefits won by the
unions, just as long as they don’t have to
contribute to the cost of running the unions.
Well, I’m proud to say that, once again,
the union movement has delivered and –
thanks to people like you and me – so has
its membership. History has well and truly
been made over the past several weeks.
On Monday 19 March, the Gillard Labor
Government successfully passed legislation
through both the upper and lower houses
of the Federal Parliament that will see the
compulsory Superannuation Guarantee (SG)
contribution rate lifted by an additional 3%;
from 9% up to 12%.
Business contribution to super
debate as ‘constructive’ as ever
But this wasn’t something that that the
government just plucked out of thin air. The
likes of the CFMEU and other unions, as
well as superannuation funds such as Cbus,
have been campaigning for the principle
and negotiating the details long and hard for
many years with both sides of parliament.
The only thing that changed during March
was that the unions and our allies finally
won that long, uphill battle. Of course, and
as always, this reform was highly contested
all along the way by the big end of town,
who argued that any increase in the SG rate
would simply ruin businesses. Yeah, yeah,
yeah… we’ve heard it all before.
As I said, this has been a long, hard battle
won by the unions, and it will without doubt
go down as another significant moment
in Australia’s labour movement history. In
years to come, increasing the SG from 9%
to 12% will have a significant impact on the
retirement nest eggs of not only CFMEU
members but of all Australian workers.
However, despite what some may think,
the 3% increase will not instantly show
up in your Cbus account. Rather, the SG
will be increased in small stages over the
next seven years: the first being a 0.25%
increase on 1 July 2013 (to 9.25%), followed
by another 0.25% on 1 July 2014 (9.5%).
The remaining increments of 0.5% will
follow on 1 July each year (2015: to 10%;
2016: 10.5%; 2017: 11%; 2018: 11.5%),
with the full 12% SG taking effect from
1 July 2019.
Financial returns
from your own work
Wholly owned by Cbus, Cbus
Property Pty Ltd is a unique property
investor and developer in Australia.
It allows Cbus to invest in the
construction industry, creating jobs
and financial returns for its members.
In the past five years, Cbus Property
developments have generated more
than 20,000 direct jobs and 40,000
indirect jobs for Cbus members in
building and construction. They also
allow Cbus to build and own some
of Australia’s most recognisable and
significant new buildings, all of which
are designed with the most up-todate technology and environmentally
sustainable features.
Cbus Property continues to build its
reputation in the property industry for
delivering high-quality, sustainable
developments on time and budget.
The company invests in commercial
high-rise buildings, shopping
centres, and apartments and other
medium to high-density residential
developments.
Currently Cbus Property manages
properties valued at more than
$1.7 billion.
Another change to super rules is the
removal of the upper age limit for
contributions. This means that anyone
wanting to work past the age of 70 (the
previous cut-off point) will now also be
entitled to receive SG payments.
Together with its 2011 reform to make
company directors personally liable for any
unpaid superannuation entitlements, these
new moves by the Gillard Government have
created a much fairer and more robust
superannuation system for Australia.
15% super the ultimate goal
So why did we need the increases? It has
been suggested that for a worker to live
comfortably in retirement (after 40 or so
years in the workforce), they would need
to have around 15% of their ordinary time
earnings put aside throughout their working
life. Having the SG raised from 9% up to
12% means that we are now closer to
achieving that goal (keeping in mind that
not everyone in the workforce receives as
much, or can afford to top-up their super as
easily, as others).
And what about you? First and foremost,
these changes are all about planning for
Australia’s future. Equally as importantly
for us, they mean that we will be able to
live more comfortably in retirement. Higher
super contributions while we’re working
mean more money for us to retire on later. If
these savings are invested wisely, they will
top-up your income in retirement and ease
the pressure on Centrelink’s Age Pension
system as Australia’s population ages.
Although many older Australian workers
(including me) will not personally receive
much benefit from the 12% SG, we should
take comfort from knowing that many
others will. Our kids, grandchildren and
future generations of Australian workers will
all benefit from this historic SG increase,
which unions helped fight for and win.
So the next time that someone says to you
’what has the union ever done for us?‘, you
can proudly tell them they got you your
12% super contributions.
CFMEU WORKER
015