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Government sues individual workers over "illegal strike".
by davey Saturday July 08, 2006 at 07:09 PM

This week saw the Governments attacks on Unions reach a new low when the Government sued more than 100 workers for taking "illegal strike action". The workers face up to $28,000 in fines.

Government sues indi...
wildcat_banner.jpg, image/jpeg, 450x338

This week saw the Governments attacks on Unions reach a new low when the Government sued more than 100 workers for taking "illegal strike action".
The Governments Australian Building and Construction Commission - which is the body it set up to try and crush the CFMEU - issued the workers with writs which could see them facing fines of up to $28,000 each.

The workers crime was to walk off the job for a week about four months ago when a CFMEU delegate was sacked on one of the sites constructing a rail tunnel under the Perth city centre.

A number of interesting points are raised by this development. Firstly - it is the Government directly that is now taking it upon itself to sue workers individually. The company involved in the dispute Leighton-Holdings is unhappy at the action - worried it could derail the project further.

Secondly - it is interesting the Government through the Commision is attacking the workers individually but is not suing the Union officials or the Union itself. In fact the Commision is almost praising of the CFMEU explaining its decision to not sue the Union

"Well in this case the union actually at stop work meetings about this matter, they advised the employees that they ran the risk of incurring substantial penalties, and the union also recommended they return to work. So on the evidence before us, the union did not in any way commit a contravention of the legislation."

I think this is very significant - in a time of increasing attacks on workers rights the Union Leadership and Bureaucracies are determined to "play by the rules" no matter how much they are stacked against workers. Given under the new laws the "right to strike" is virtually non-existant if industrial action could be used against the new laws it would almost by definition be illegal. It follows then if the laws were to be tackled industrially rather electorally workers would have to take action against the wishes and advice of their trade union officials. It seems to be the Government is trying to send a message to workers not to go down this path and to empower the Union Officials to help keep the workers anger in line.

This emphasizes that the only realistic way that workers could take these laws on industrially would be through a General Strike involving all industries. Anything less leaves individual workers at the mercy of Union Officials determined to "respect" bogus anti-worker laws and a vindictive Government.

http://www.abc.net.au/pm/content/2006/s1680732.htm

This week also saw a number of other disturbing developments in industrial relations in this country. The ACTU highlighted the case of a young truck driver on a mine site who faced harassment after her refusal to sign an AWA. The AWA included the outrageous provision that if a worker failed to give at least 12 hours notice before taking a sick day - they faced being FINED $200. The master servant relationship is well and truly back baby.

http://www.abc.net.au/pm/content/2006/s1678754.htm
Lastly the Government’s Office of Workplace Services which oversees the implantation of Work Choices found that the Cowra Abatoir was fully within its rights to sack its workers then offer them their old jobs back at less pay. This was legal because “Operational Matters” was the prime reason the company acted. As long as a company can make a case that its not making enough money (which really isn’t that hard – then they can sack workers legally and offer them back their jobs with worse conditions. Their motivations can include de-unionising a workplace or reducing conditions but as long as the OWS decides that these are not the “primary motivations” then its all cool

http://www.abc.net.au/pm/content/2006/s1681629.htm

P.S. General Strike Needs You!

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LATEST COMMENTS ABOUT THIS ARTICLE
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We are the Workers! marcusneofitou@hotmail.com Sunday July 09, 2006 at 10:02 AM
qld needs you SG Sunday July 09, 2006 at 09:45 AM
A Tactic Not a Sect davey Sunday July 09, 2006 at 09:23 AM
no fecal spray must mean no pay geeeeez, mate! Sunday July 09, 2006 at 08:57 AM
just for you uncle trev Sunday July 09, 2006 at 08:48 AM
welcome to our worlds we have compassion Sunday July 09, 2006 at 03:53 AM
Correction! marcusneofitou@hotmail.com Sunday July 09, 2006 at 03:37 AM
ALP is racist! marcusneofitou@hotmail.com Sunday July 09, 2006 at 03:29 AM
Building Contractors for the Glorious Liberation of Profits from Excessive Safety Costs Bossy Boots Sunday July 09, 2006 at 12:30 AM
my comments uncle trev Saturday July 08, 2006 at 11:59 PM
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