Direct Action Beats AWAs In Somerton : Melbourne Indymedia

How to get out of an AWA.

A group of construction workers in Somerton have proved that it is
possible to get off an AWA and onto award rates and an EBA. Metal
construction workers building the new Coles distribution centre in
Somerton were forced on AWAs that dramatically undercut their wages. $18
an hour casual rate was all they were being paid and ripped off on penalty
rates as well.

Some of the workers were referred to the job through a Centrelink Job
Network member. Under the ‘Welfare to Work’ breaching system,
they were threatened they’d lose their benefits for 8 weeks
if they refused this position. In addition, some of the workers were
asked to sign a 20 page AWA which they had only seen on a computer screen.

The AWAs might have been a clever device for their employer not to pay
the building industry award but the workers weren’t going to put up with
being ripped off. Striking outside a bargaining period is illegal and
aren’t AWAs binding contracts? The answer in the end was rather simple.
All the workers affected resigned en masse and protested outside the
distribution centre gates.

In response their employer sought legal sanctions against the workers
claiming the union [AMWU] was organising an illegal strike. The case was
thrown out. The workers weren’t on strike, but resigned and were
protesting against their rotten conditions. What they hoped to achieve was
to be re-employed on the industry standard rate of pay.

Still the company refused to budge. Coles was not the direct employer of
the construction workers but were happy to allow a contractor to rip
workers off who were building the Coles distribution centre. Ironically at
6am on Friday the 13th a community assembly magically materialized,
literally from the early morning fog, outside the main gate of the
distribution centre. Security and amazed truck drivers were informed that
nothing would be going in or out until 10am and nothing in fact did move
in or out for four hours.

Protesting by the metals construction workers and the community assembly
had the desired effect. After some argy bargy with the union, Coles and
the contractor agreed to pay the correct rates and the workers were
re-employed. Workers on the site have scored a $10 an hour increase and a
host of other benefits that come with working on a union EBA linked to the
correct award, it doesn’t get much sweeter than this, they won!

Power to the union.

Union Solidarity