VOLUME 19 NO.2 » AUGUST 2013 The day the wall came down John Setka: Why the Liberals hate us Know your rights plus more inside » FROM THE SECRETARY Our cover Sean Leydon and our new V8 Holden Maloo ute that will be taking CFMEU gear out to sites. More ute coverage on centrespread, p.28-29. Journal of the CFMEU Victorian and Tasmanian Branch, Construction & General Division this issue 06 03-07 Executive columns 04 Cbus position 07 Desperate Dan 14 Yallourn dispute 19 Libs building code in tatters 24 Lets’ Spread it Around campaign 25 OHS: Precast checklist Know your rights: Workers’ comp and portable sick leave 22 One year on: We were right to fight Grocon Beware the Liberals: Know your enemy 32 36 Bangladesh & Cuba 41 The wall came down: The day many CFMEU employees will never forget 15 30-31 Workers of the World: 33 10 On site coverage Social Media pitfalls Brodie’s parents and their brave battle against bullying 42-43 CFMEU gear History Special: the 1913 Dublin Lockout CFMEU Victorian and Tasmanian Branch, Construction & General Division Executive Organisers and Field Officers Specialist Staff Secretary John Setka Gerry Benstead Danny Berardi Jason Bell John Duggan Paul Edwards Colin Flanagan Robert Graauwmans Steve Long Ian Markham Brendan Murphy John Parker Malcolm Smith Billy Beattie Gareth Stephenson Paul Sullivan Mark Tait (Fozzie) Theo Theodorou Mark Travers John Ayers Mick Powell Drew McDonald Adam Hall Toby Thornton Mark McMillan (EBAs) Joe Myles John Perkovic Peter Booth Richie Hassett Publicity Officer Dan Murphy Assistant Secretaries Shaun Reardon Elias Spernovasilis President Ralph Edwards Senior Vice President Noel Washington Vice President Derek Christopher 02 CFMEU WORKER Wage Claims Officer Mark Papan Training Unit Coordinator Anne Duggan Teachers and Trainers Karen Odermatt Mark Devereaux Jackie Gamble Barry Kearney Jennifer Pignataro Rose Nechwatel Connie Hall Paul Allwood Chris Rees Sue Bull Lorella DiPietro Kimberley Stewart Tony Minchin Andy Duff Dan Phelan Liberals’ hatred of unions is an attack on you Branch Secretary John Setka We would gain nothing from the election of a Coalition government. Tony Abbott is well known for attacking workers, unions, women and terminally ill people, and rubbishing the unemployed. On top of that, he and other notable Liberal politicians are out to get us. Napthine, Abetz, Reith: one eye, many lies If there’s any doubt about this, let’s look at their words and actions over the last few months. Victoria’s Premier Napthine accused us of being ‘beneath contempt’ when, as part of our safety rally on 30 April, we had a minute’s silence at Grocon’s old CUB site on Swanston Street and its Myer Emporium site for the four people who died there in the space of two months. How anyone can label the paying of respect for the loss of life as ‘beneath contempt’ is beyond me. In the aftermath of that tragic wall collapse, not one word of criticism of Grocon was heard from any Liberal politician. Then Napthine and Federal Shadow Minister for Workplace Relations, Eric Abetz started a smear campaign against us, claiming that there were alliances between the CFMEU and outlaw bikie gangs. None of their claims, plastered across the tabloid press, were substantiated with any evidence. Abbott’s hatred for the CFMEU is because we are a strong Union Which side is your bread buttered on? Tony Abbott has vowed ‘with every breath of his political body’ to restore the ABCC ‘with vigour’. He hates the CFMEU because we are a strong Union that delivers superior pay and conditions for our members. He doesn’t like us because this means less power for his rich mates in the big end of town – mates like Gina Rinehart, who earns $1million every 30 minutes but likes the fact that Africans work for $2 a day. Rinehart knows which side her bread is buttered on. We do too. And it’s not the Liberals. Former Howard Government Minister, Peter Reith has also had his say. He wants a royal commission into the CFMEU. Pretty rich, coming from the mastermind of the 1998 waterfront dispute and the ‘children overboard’ lies in the 2001 election, who also gave a government phone to his son to run up a $50,000 bill. Don’t be fooled by the sweet-talking, bornagain nice guy image that Tony Abbott is trying to portray. He will never back you or me. Never. OFFICES Environmental and Occupational Health & Safety Unit Manager Gerry Ayers Safety Officers Alex Tadic Christine Thomas Peter Clark Steve Roach WorkCover Legal Officer Neil Browne Industrial/Legal Officers Raoul Wainwright Amanda Swayn Kate Marshall Apprentice Liaison Officer Liam O’Hearn Melbourne 500 Swanston St Carlton South 3053 T: (03) 9341 3444 F: (03) 9341 3427 Morwell Wing 5, Lignite Court Morwell 3840 T: (03) 5134 3311 F: (03) 5133 7058 Geelong 78 Fyans St Geelong Sth 3220 T: (03) 5229 8921 F: (03) 5223 1845 Bendigo Bendigo TLC 40 View St Bendigo 3550 T: (03) 5443 5173 F: (03) 5442 5961 Wodonga Shop 3-4, 22 Stanley St Wodonga 3690 T: (02) 6024 1099 F: (02) 6056 5565 Portland South West TLC 31 Percy St Portland 3305 T: (03) 5523 4272 F: (03) 5523 3358 Hobart 33A New Town Rd New Town 7008 T: (03) 6228 9595 F: (03) 6228 9594 cfmeuvic.com.au CFMEU WORKER 03 Super up to 9.25% from July CFMEU & Cbus now look to the future together Under most standard CFMEU EBAs, the weekly Cbus contribution rose to $165 dollars from 1 July 2013 or 9.25% of ordinary time weekly earnings (previously 9%). CFMEU Secretary John Setka and Assistant Secretary Elias Spernovasilis with Cbus Property Senior Liaison Officer Danny Gardiner, Cbus Senior Adviser (Member Relationships) Lisa Zanatta and Cbus CEO David Atkin. Now available from CFMEU offices and www.cfmeuvic.com.au All close relationships have a rocky period, but the partners can come out of a tiff stronger for it. ‘We needed to reinvigorate the relationship,’ he says. ‘They have got the message that we won’t be taken for granted – and I look forward to our members’ wishes being given more consideration.’ The CFMEU is confident this is the case following our recent review of the service provided by Cbus. To improve relations between Cbus and its union partners, a Building Industry Group Consultative Forum has been set up. This will address issues that are important to us, including Unions founded it When Cbus was formed in 1984, it stood for Construction and Building Unions Superannuation. It was the first industry fund, and paved the way for super to become a right of every Australian worker. As the fund has grown – it now manages $23 billion for over 700,000 members – it has of course had to expand its staff and bring in lots of people with financial expertise. If they expended half the time and energy that they did in trying to stop us from doing our job, they might have got some major projects off the ground and created jobs for Victorian workers. Everyone in the industry knows that things are quieter than they have been in a long time. The situation is made worse by the lazy government in power in Spring Street. In all the years that I have been an official of this union, I have never seen such a lazy, disinterested government in terms of getting major projects off the ground, prioritising infrastructure and getting the economy moving. But their laziness seems to stop when it comes to attacking the union. They have spent an enormous amount of time and Three years into their term, their record on job creation is woeful money setting up the Victorian Building Code and the Compliance Unit in order to make it harder for us to go on sites and harder for companies with EBAs to tender for government jobs. The Federal Court ruled the government’s code unlawful. The government was actually breaking the law and was found guilty of ‘coercion’ and ‘adverse action’. Despite these findings, Napthine and his crew But they are doing this for a reason. In order to disguise their shortcomings and their laziness they are attacking the union because at least then, they can say that they are doing something. By making us the bogeyman, they hope to divert everyone’s attention away from themselves to us. Unfortunately for them, the community isn’t easily fooled. They can see that this is a government that has cut services, attacked nurses, teachers, firefighters, ambulance officers, decimated TAFE, made cuts to WorkSafe and stood very much on the side of bosses when it comes to disputes with building workers. Three years into their term, their record is woeful. You would think they might want to do something like strengthen the economy and create jobs. But, that is too much like hard work. • holding of an Annual General Meeting •encouraging Australian products and services •ensuring that contracts entered into meet the highest OHS standards •giving members more investment choices, including ethical investment options • reducing admin fees paid by retired members receiving a Cbus pension. But what those running We won’t be Cbus have to remember is taken for granted that unions are the heart of Their commitment to these John Setka the fund. We sign companies improvements will be to EBAs which guarantee monitored over the next that Cbus contributions continue to flow. 12 months. When employers are in arrears, or go broke Member service owing money to Cbus, it is unions who chase it up. One area in which the review showed Cbus outperforms other super funds is member Concerns led to review service. We never had any problems with Late last year, Victorian construction unions the team of Cbus Co-ordinators, which is became concerned that Cbus had lost now headed by Lisa Zanatta. touch with this reality, and investigated We are also pleased that long-time fund whether other super funds could offer a employee Danny Gardiner has been better service. appointed by Cbus Property as its Senior After much consideration, we have decided Liaison Officer. to stick with Cbus. CFMEU Secretary John Setka believes it was necessary to put Cbus under the microscope. CFMEU WORKER continue their one-eyed pursuit of the union and are appealing the decision. Elias Spernovasilis Assistant Secretary See EBA wage rates tables on 52-53 2013 CFMEU Tax Guide Napthine continues legacy of laziness Want to know where the ute is going to be this week? Keep up to date with what’s happening at the CFMEU, what’s going on with the latest campaigns and even what’s on John’s mind, with Twitter, facebook and YouTube. Just go to facebook.com/cfmeujohnsetka or tweet twitter.com/CFMEUJohnSetka or watch youtube.com/user/CFMEUVIC and join in on the conversation. CFMEU WORKER 05 Well done Congratulations to our own Derek Christopher and Michelle Prevolsek, who welcomed little baby Jack into the world on 22 June. Respect for the late Bill Ramsay The family of Bill Ramsay accepted CFMEU life membership on his behalf at our May shop stewards meeting. Bill died after falling from a tower crane at Grocon’s Emporium site on 18 February. Bill was a respected crane operator who was well-liked around the industry. He was a staunch CFMEU member who wasn’t afraid to stand up for what he believed in. I was always told know your award. Safety is not a priority for grocon Ralph Edwards President Shaun Reardon Assistant Secretary Today it’s a case of know your EBA if you want to protect your wages and conditions. Sometimes you can bullshit your way through an argument with a boss, but they might be a bigger bullshit artist than you. Besides, not all workers have the confidence to even start the argument. Clause 32.3 of the EBA provides for unused sickies to be added to your Incolink portable sick leave (PSL) account when you finish with an employer. Your boss pays $1.54 per week, so you can draw on the accumulated entitlement if you become sick with your next employer and have not accrued sufficient leave. This is where knowing a few facts can change the balance in your favour. When you finish up your boss has to notify Two clauses in our EBA are always being argued over...Accident Pay and Portable Sick Leave. Neither is well understood and as a result workers are regularly missing entitlements. two problems commonly arise: the boss Incolink of your unused sick leave but doesn’t notify or workers don’t check. If an entitlement isn’t notified to Incolink when you finish up, it becomes very hard to chase later on. Workers Comp Clause 33 of the EBA provides for 52 weeks of Accident /Make-up Pay. But what does that mean? An employee on WorkCover is entitled to their ordinary 36 hour week rate of pay for up to a year. Ordinary pay means what you receive for each hour worked for up to eight hours per day, Monday to Friday, excluding site and travel allowances. WorkCover only reimburses the employer 95% of your pre-injury average weekly earnings (PIAWE). The boss has to makeup the difference. It is not enough for your boss to just give you what he gets from his insurance company. CFMEU Secretary John Setka presents Bill Ramsay’s life membership to his wife Bev, daughter Jade and brother Rod. SICK LEAVE Workers who have allowances or all purpose payments built into their ordinary hourly rate, such as contract scaffolders and leading hands, are entitled to have these factored into their make-up pay. Regular rostered overtime is also made up by WorkCover for the first 26 weeks. This has been another area of confusion since the Bracks Labor Government introduced it but it is an entitlement and must be claimed. If you are unfortunate enough to end up on WorkCover you have decent protection under your EBA and the law, especially for the first 52 weeks. Know your rights and get advice from the Union or our solicitors if needed. Know your rights and get advice from the Union or our solicitors if needed The process for allocating sick days to your Portable Sick Leave account also needs to be understood. Remember, we are dealing with insurance, so the policy will only be provided if someone is making a quid. Democracy is messy – Napthine wants to make it expensive, too. The State Liberal Government’s response to the Grocon dispute last year – and everything it has thrown at us since – makes it very clear whose side it is on. They claim to have spent $1.8 million in police resources during the protest, and are now pursuing the CFMEU through the courts to get more money out of us. The Australian Competition and Consumer Commission (which is supposed to monitor price-fixing among petrol companies and supermarkets) is also now chasing the CFMEU for its cut of Union members’ money. These moves are intended to punish the Union for organising a protest, yet the right to protest is the hallmark of a democratic society. The Napthine Government obviously doesn’t see it that way, and its determination to pursue the Union for taking action on safety shows everyone how committed it is to the principles of democracy. Meanwhile, on Grocon sites… The main point, that seems to be lost on the government, is that four innocent people have lost their lives since our protest – which was over Grocon’s woeful attitude to safety. We took action because Daniel Grollo walked away from an agreement that his company would stop its standover tactics to intimidate workers on its projects. He walked away from an agreement to have experienced and properly trained OHS representatives on his sites. I have been in the construction industry all my working life, and I have worked with many builders and many different people. Everyone in the industry knows about the pressure under which people are being made to work on Grocon projects. Everyone knows that safety is not a priority for Grocon. It is common knowledge. four innocent people have lost their lives since our protest I’m not a man of faith, but I hope and pray that workers on Grocon jobs go home safely every night. If they don’t, the blame lies squarely with Grocon and Daniel’s backers. It’s important for everyone to know that this is the reason we protested, and this is the reason we are being sued. Building Unions Picnic Monday 2 December 2013 Caulfield Racecourse Car Park entry Via Kambrook Rd Plus regional picnics in: • Ballarat • Bendigo • Geelong • La Trobe Valley (Traralgon) • Mildura • Portland • Shepparton • Wodonga Another Unionwon benefit When a boss notifies that you left X sick days behind, he also notifies the actual period of employment and the number of sickies taken. Then your entitlement is recalculated as if you were in your first year of employment (i.e. no ten days added on your anniversary, just one day for the first ten months of each year of employment minus any sickies taken). So, we are getting something we didn’t have, but it is not full portable sick leave. Again, what you think you know may not be correct and by asking questions, even if you think you might sound dumb, you are empowering yourself. CFMEU WORKER 07 CFMEU NEWS TROUBLE IN TECOMA T he CFMEU supported the Benefit for Bangladesh at the Celtic Club on 27 June. Organised by the Textile Clothing and Footwear Union, the event raised $30,000. Bangladesh Benefit concert raises $30K Most of the money raised will be given to victims of April’s tragic factory collapse, which killed more than 1,000 garment workers, and their families. The money will also be used to support union safety campaigns in Bangladesh. not lovin’ it Looking to buy a home? Get on Dreamstreet. The CFMEU is keeping a close eye on proceedings at Tecoma. Always up for a good cause Performers who gave their time included comedians Corinne Grant and Claire Hooper as well as musos Mick Thomas, Ash Naylor, The Flybz, and the Painters and Dockers trio. Dockers’ front man, Paulie Stewart showed that he still knows how to get a crowd going, dedicating ‘Die Yuppie Die’ to Daniel Grollo, and closing their set with what he said should be the new Union theme song: ‘You’re Goin’ Home in the Back of a Divvy Van.’ Modern slavery: see page 30 Locals are protesting the building of a McDonald’s in the quiet Dandenong Ranges village. u Did yo ? know In early July, with demonstrators occupying the site and lying across gates, CFMEU Organiser Paul Edwards stepped in to advise members they did not have to work while their health and safety was at risk. It was also wrong to put building workers into the middle of a heated dispute. nd eward a shop stary Martin U E M F C d Secret former am once players h e t g in in K t for Pa trumpe Dockers? and John Cummins Memorial Fund John Cummins was an inspirational union leader and political and community activist. He was President of the Victorian Branch of the CFMEU from 1996 to 2006, and prior to that, a senior official of the Builders Labourers Federation. Dare to Dream. Supporting Promising Students JCMF scholarships are awarded to secondary students who show promise and determination and whose families are experiencing financial hardship. Julie Pasin of Thornbury HS is one of 32 students receiving support this year. Her grant from the fund covers the cost of her cookery course and she says, ‘This has lifted a huge financial weight off my family.’ Seven years’ stats The JCMF has raised and distributed almost $400,000 since it was established following John’s death in 2006. $ 117,000 128 student scholarships $ 2,000 Student support, Northland Secondary College $ 7,000 Junior sports: North Heidelberg Football Club $ 2,000 APHEDA $ 2,000 Fred Hollows Foundation $ 175,000 Brain Tumour Support Service, Austin Hospital $ 68,000 Education and support for young people with a brain tumour JCMF scholarship recipients Julie Pasin, Danielle Forward and Hayley Maguire in the kitchen at Thornbury High School. $ 23,000 Palliative care equipment $ 396,000 Total 08 CFMEU WORKER www.cummo.com.au More information: 2013 Seventh Annual John Cummins Memorial Dinner Friday 30 August, 7pm The CFMEU’s July branch meeting passed a motion supporting the right of residents to protest the store and suggesting McDonald’s reconsider forcing a fast-food outlet on the community. Last year Yarra Shire Council voted against the store after receiving 1,100 objections to it but Maccas took the matter to VCAT which overruled the locals’ wishes. Despite widespread opposition McDonald’s is pushing ahead and in early August 50 police were needed to escort a grubby, small-time demolition company on to the site. With local sentiment running high this is unlikely to be the end of the matter. The CFMEU will be keeping a close eye on things to make sure members are not put at risk. The CFMEU has partnered with Dreamstreet Home Loans to provide members with low interest rates and lots of extra benefits. See pages 54-55 for full details. ON SITE Around the state ETU demolition •Celebrity Room Moonee Valley Racecourse •Last Table Standing – $10,000 to be won! •Silent Auction – Sports memorabilia and more great prizes •MC Melbourne comedian Danny McGinlay • Entertainment – Diesel & band •Great raffle prizes – $3,000 travel voucher, Grand Final tickets Tickets still available, call: Di Cummins 0411 614 519 Brett and Brendan from BCW Demolition with Rob Taylor ting More Onsite star from page 28. CFMEU WORKER 09 WALL COLLAPSE WALL COLLAPSE The day the wall came down Thursday 28 March 2013 All of Melbourne was shaken by the deaths of three young people when the brick wall of Grocon’s old CUB brewery site on Swanston Street, Carlton collapsed. Tha collapse occured directly opposite the CFMEU office, and our staff were some of the first people on the scene to help. Here they recall the horror of that day. Mark McMillan I was sitting at my desk when Raoul Wainwright (Industrial Officer) came running telling me to get my first aid gear. I met Karen on the stairs. She handed me the defibrillator and we agreed straight away that she would take the lead as she’s the senior first aider in our office. I was trained in first aid while serving in the Australian Army. They are very thorough, and you were assessed in real-life scenarios. I was taught triage, which is where they give you multiple casualties and you have to make a call about who to save first. Since 1998, I have maintained my CFMEU Level 3 First Aid Certificate, which I regard just as highly. We got outside and there was dust everywhere, strong winds, and people running amok. Karen went straight to the aid of Bridget Jones and noticed there was another person (her brother, Alexander) trapped further under. The rest of us raised the hoarding enough for Karen to slide in and tend to him. Someone then called out that there was another person further up (Marie-Faith Fiawoo), but she was still buried. Everyone was working frantically, throwing bricks and debris, trying to free the people, as we didn’t know how many were trapped at this stage. Karen and I worked alongside fire brigade and ambulance officers. They accepted us straight away because they could see that we knew what we were doing. We helped get Bridget onto the stretcher and then into the ambulance. The whole thing was very traumatic, not least because we did all we could to save the lives of these three young people. I am so sorry that none of them survived, but I’m proud to be one of the many people from the Union that went to help. It is also an honour to have worked alongside Karen Odermatt, one of our top first aid trainers. A rmatt and EB ner Karen Ode the memorial ai Tr d Ai t rs Fi at ark McMillan Organiser M . St on st on Swan Karen Odermatt A t first I thought the loud crash was thunder, but then looked out of our 2nd floor window and could see that something very bad had happened. The Union’s Training Unit sprang to life, alerting people to what had happened, and we all headed down. At the scene, Bridget Jones was partially covered. She was alive, but her breathing was compromised. I looked under the hoarding – and that’s when I saw her brother, Alexander. I immediately called out that there was a second person there – and at that point, someone up the other end called out that there was a third person (Marie) trapped underneath. I got a defibrillator onto Alexander but unfortunately we couldn’t do anything. The ambulance had arrived by then, and 010 CFMEU WORKER Bridget Jones Alexander Jones the head officer said that we had to focus on Bridget, so I assisted them while a paramedic attended to Marie. I know without a shadow of a doubt that we did everything we could possibly do, and I am glad that we were there with Bridget. At least she was not alone. Marie-Faith Fiawoo The hard thing for First Aiders is that you have to swing into action and put yourself into a difficult situation. On the day, having Mark McMillan alongside me gave me confidence. He’d been to a lot of my classes and being with someone who you are sure knows their stuff makes it easier. The efforts of our staff and the other people involved were incredible. Everyone took on a job and worked together furiously to try to save lives. In the aftermath, we organised for Incolink to attend to CFMEU staff who had witnessed or helped on the scene and who were in shock. Because of my training role in First Aid, I tend to stay focused and in control – otherwise you can’t do the job, and you’re no help to anyone. But on Easter Sunday night three days later, when I heard that Bridget had died, I was very upset. Right: a letter of thanks from Ambulance Victoria to the CFMEU. 011 FOOD BANK WIN TRIBUTE TO ARAM The CFMEU extends its condolences to the family and friends of Aram Saunders, who died in a traffic accident on the way to work on 22 May at the age of 27. Taking it to the Shop steward at Baulderstone’s Swinburne University site Phil Filardo describes Aram as an honest, hardworking young man who was well liked by his workmates. Aram had a positive approach to life, enjoyed working in the building game and in his spare time was a budding beekeeper. Union members at Baulderstone and the company are helping support Aram’s wife and lifelong sweetheart, Anna, at this difficult time. Workmates of Aram Saunders at Baulderstone’s Swinburne University site raised over $8,000 following his sudden death. (l-r) Jeff, Keith, Phil, Mal, Damo and James. 2014 CFMEU RDO Calendar Now downloadable from www.cfmeuvic.com.au The CFMEU is the toast of a Brunswick public housing estate after raising $14,000 for the residents’ food bank. T he money, donated by building sites in the area, will buy groceries to be distributed to residents of the Barkly St flats every Friday, for a tiny fee. The food bank is staffed by volunteers from the flats and overseen by Merri Outreach Support Services. Operations Manager Katrina McAuley was full of praise for the workers ‘amazing’ efforts. ‘We don’t get many large donations so receiving this money means so much,’ she said. ‘Apart from supplying the residents, many of whom are elderly and frail, the food bank brings people together. It is a vital part bank of the community and this generosity will make sure it remains so,’ added Katrina. This worthy cause was suggested by local Labor MP Jane Garrett. When area organiser Gerard Benstead told her CFMEU members working in Brunswick would like to put something back into the area, Jane suggested the food bank. It is looking like a great match-up and is set to continue throughout 2013. The money was raised through collections run by shop stewards and donations from builders Hamilton Marino and Icon, and property developers Little and Blue Earth. Barkly St resident Lei Wang gets help from food bank volunteer Graham Brown Pocket and fridge versions will be sent out with the final 2013 edition of CFMEU Worker before Christmas. Coburg going back to its roots, with union support The CFMEU has become an official sponsor of VFL team, Coburg. The Union decided to throw it’s support behind the communitybased club as it moves to become a stand-alone entity in 2014. ‘We are going back to basics as the Coburg Lions and we want the local community to embrace the club.’ CFMEU shop stewards Ian Robertson (left) and Les Wilkins (right) with organiser Gerard Benstead, Barkly St food bank volunteer Lyn Darmanin and Merri Outreach Operations Manager Katrina McAuley. Club president Bill Bilakas said the sponsorship was fantastic. ‘It’s much appreciated and it’s a huge boost for us. ‘The club wants to concentrate its efforts to recruit good young kids who aspire to a career in the AFL and the sponsorship of the CFMEU and the ETU is aligned with the club’s return to its roots.’ 012 CFMEU WORKER Coburg’s Matt Dea, (photos by Dave Savell) CFMEU WORKER 013 The Herald-Sun HOW LOW WILL THEY GO? Yallourn power workers hit with arson smear ‘POWER GRAB – Union probed over Yallourn Blaze’ screamed the front page of the Herald-Sun on Saturday 22 June. T hey were at it again. Bagging unionised workers involved in a dispute. At lunchtime the previous day, the owners of Yallourn Power Station, China Light and Power, locked out 75 operators, members of the CFMEU Mining and Energy Division. Sometime later, a 6,600-volt circuit breaker went up in flames, causing a shutdown. Never let truth get in the way of a Herald-Sun story CFA crews attended the fire, and Morwell CFA officer-in-charge Shane Mynard declared that the small fire was not suspicious. We were Most likely, the fire was caused by poor maintenance – but don’t expect to read that in the Herald-Sun. It has never set the record straight or apologised for this disgraceful smear. month,’ Mining and Energy Secretary Luke van der Meulen told us. ‘As it is, they can be called in for four hours or have the boss swap their shifts with no notice. Basically there are no rules.’ Company playing hardball The company has refused to negotiate and used every lawyer’s trick to try to stop industrial action, failing each time. They have now reduced their pay offer and locked the operators out indefinitely. The blue at Yallourn is over a new EBA. The CFMEU wants fairer shift rostering, dispute resolution rights and limits on the use of contractors. These were lost during the John Howard era but are in place at other Latrobe Valley power stations. ‘As 24/7 shift workers, our members want to know what their life is going to be like next week and next Grocon n o r a e y e n o right to fight Management are attempting to run the plant themselves, raising serious health and safety concerns. ‘We believe it was an electrical fault,’ he told The Age. ‘If it was suspicious, we would have been calling in the police.’ Days later, the Herald-Sun was still trying to link the fire to the locked-out CFMEU members, ‘reporting‘ that police were investigating and Energy Australia (the frontname used by China Light and Power) was threatening action against anyone found responsible. The fire that engulfed this circuit breaker on 21 June was most likely caused by poor maintenance. 014 CFMEU WORKER Toby Thor nton (left) CFMEU Construction Organiser, sion Secretary, Luke Divi gy Ener and ng Mini e gsid alon Yallourn operators. ut ed-o lock and len van der Meu Last August’s protest outside Grocon’s Emporium site in Lonsdale St put the Union in the national spotlight. >> GROCON WE WERE RIGHT TO FIGHT GROCON WE WERE RIGHT TO FIGHT Grocon n one yearhto to fight We were rig For 15 days, construction workers withstood the police, political attacks and media lies to demand that workers on Grocon sites have the same rights as the rest of the industry. In the 12 months since, almost every action taken by the company has proved us right. There have been four deaths on Grocon sites and dozens of serious safety incidents. Intimidation is rife, rip-offs are continuing, and their workers are driven to work crazy hours. These problems can all be traced back to the issues at the heart of last year’s blue: Grocon’s total lack of respect for workers and refusal to accept elected OHS and Union reps. Tragic Crane Operator, Bill Ramsay, 59, fell to his death on the Emporium site on 18 February. Barely five weeks later followed the 28 March wall collapse at Grocon’s old CUB brewery development on Swanston St. It killed three people: Alexander Jones, 19, his sister Bridget, 18, and French engineer Marie Faith-Fiawoo, 33. Investigations into these deaths are continuing. The coronial inquest into the Swanston St collapse will consider the role played by the unauthorised advertising hoarding that Grocon had attached to the wall. Site allowance rip-offs Without Union shop stewards on site, Grocon thinks it can rip workers off. A favourite scam is undervaluing its projects to pay lower site allowances. The handpicked safety ‘reps’ on its sites are the construction manager’s son Daniel Van Camp and former heavyweight boxing champ and waterfront scab, Peter Hewitt. They are not there to look after safety but to enforce the company’s way. On 6 May, The Age reported on leaked emails between Mirvac and Grocon during construction of Tower 8 in Docklands. Mirvac’s project manager accused Grocon site personnel of having ‘little regard for safety’ and being ‘too intimidated’ by senior Grocon management to implement safe practices. Intimidation A culture of intimidation runs right through Grocon. When Daniel Grollo failed in his attempt to get a non-union EBA in 2002, ripping up the industry RDO calendar was one of his main aims. If allowed, he will drive people to work all hours with no regard for family time or safety. Financial woes Media reports over the past year suggest that Grocon has serious money problems. Last October the CFMEU forced Grocon to lift the site allowance at McNab Avenue Footscray to $4.10 with full back pay. They had been paying $3.70. They also had to back pay site allowance at Mirvac’s Yarra Point site. This year there have been concerns that all subcontractors were not paying the correct $4.80 allowance on the Parkville cancer centre site. As CFMEU Worker went to press, the correct rate for the Emporium was the subject of a hearing at the Building Industry Disputes Panel. Grocon sites are also notorious for working on almost every RDO listed on the CFMEU calendar. There has been a string of losses and contractual disputes. Daniel Grollo has been hurriedly selling off property, including the Swanston St CUB development site and the nearby Pixel green-energy building, which was once Grocon’s pride and joy. Whatever it takes The conditions and rights we have today are a result of the hard yards done by unionists who went before us. These often involved blues with Daniel Grollo’s father and grandfather. Members can rest assured that the CFMEU is committed to seeing this dispute through. Safety shockers continue After more than 1,000 police were used against the peaceful protest outside the Emporium last August, it has been one shocker after another on Grocon sites. •6 September 2012: WorkSafe slaps two prohibition notices on unsafe work at Wantirna •26 September: Carpenter severs finger after being required to dog tower crane illegally at Footscray •28 September: Dogman’s load struck by lightning after crane works through electrical storm, Myer Emporium •October–December: Excavation at Cancer Centre site undermines and cracks Royal Parade, closing it to trams and cars Mirvac also had to direct Grocon management to ‘Refrain from behaving…in a threatening or abusive manner and not to intimidate, harass or verbally abuse any site personnel.’ Slave drivers On the morning of Saturday 6 July, Daniel Grollo told workers on the Myer Emporium site that he needed 16 big concrete pours over the next month, and that those who pushed themselves the hardest might get an extended run of work with his company. Grocon’s site managers then kicked off a concrete pour that ran until 3 am on Sunday! •December: Formwork collapse during concrete pour on Emporium site •18 February 2013: Crane operator Bill Ramsay falls to his death at Emporium site •13 March: Blowout occurs while tensioning slab at Emporium site •21 March: Grocon crane crews forced to work in 96km/h winds. Load dropped at Cancer Centre site, putting crane out of action •28 March: Wall collapses at old CUB site on Swanston St – 3 dead •June: Cranes collide on Cancer Centre site. Grocon tell WorkSafe investigator: ‘No big deal, they just touched’ •June: Lifting device on Grocon’s precast concrete panels found to be in breach of Code of Practice. For more details of the company’s shocking safety record – including WorkSafe reports released through freedom of information – visit www.cfmeuvic.com.au View the short film ‘A Dispute About Safety’ at the CFMEUVIC YouTube Channel This page and previous: Members of construction unions hit the streets 016 CFMEU WORKER in huge numbers on 30 April to demand safety on Grocon sites
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