Annolies Truman, Perth
The 107 Perth construction workers who have received writs from the secretive Australian Building and Construction Commission (ABCC) will have their first federal court appearance in Perth on August 29. The Construction, Forestry, Mining and Energy UnionÂ’s (CFMEU) Western Australian branch says that the workers and their families need to know that they do not stand alone and would welcome solidarity in whatever form from supporters across the country, including financial support.
In Perth, the workers, their families and supporters will assemble at 8.30am next to the tunnel site where the strike took place, then march to the Concert Hall, which adjoins the federal court. At its July 18 meeting, Unions WA unanimously endorsed the August 29 solidarity rally and will encourage all unions to attend.
While 107 workers have been named in the ABCC writs, less than half of them have actually been served with the writs. Those who have been served face fines of $22,000 to $28,600. Those not yet served are living in unbearable suspense.
The writs refer to "illegal" industrial action taken by more than 400 workers in February, when they were constructing the tunnel on the Perth to Mandurah railway line, employed by corporate giant Leighton Kumagai Joint Venture. The workers who took strike action but have not yet received writs are still under ABCC investigation.
One of the workers facing fines, John Pes, first heard about the writ against him from a journalist who rang his home late at night and told him that his name was listed on a website as having been issued with a writ.
Pes told a July 19 public meeting organised by the Socialist Alliance that industrial safety was at the heart of the dispute. "In the tunnel construction site, in the eight months leading up to the dispute, 13 workers received electric shocks requiring hospitalisation and others were injured as reinforcements collapsed. Safety breaches included power leads left dangling in water and insufficient safety exits", he said.
"Fifty-six-hour weeks, plus compulsory overtime, were the norm", Pes added. "Fifty-six hours underground week in, week out, with the noise, vibrations and 12-hour shifts, lead to fatigue and that's a safety issue as well."
Peter Ballard, the elected union representative, was sacked by Leighton for insisting that workers should not be forced to work excessive hours, in bad weather or in unsafe conditions. After the workersÂ’ request for his reinstatement was ignored by the company, the workers decided to go on strike and were out for 12 days.
"We were concerned that without our safety rep on the job, we mightn't be going home to have dinner with our kids at the end of the day. We stopped for one reason and that was for our health and safety on the job", said Pes.
"Have a look at the number of injuries that anti-union companies have on their sites and how many people get the sack. 'Oh, your injured, you're no good to us. See you later.' But if you get injured on a union site you get taken straight to the hospital, everything is stated and documented, the correct procedures are taken."
Pes and his partner have decided to resist paying the fine. "And I know I'm no lone ranger because there are a lot of people who aren't going to pay that fine ... Why should we be punished or fined and jailed for our beliefs in health and safety?
"We face a long and hard road, but I'm prepared to take that course because without any safety on the job there could be a recurrence of accidents that happened on the site ... I've got four young kids and a good lady who stands beside me with her fist in the air and says, 'They're your rights. Fight for your rights!'. That's what we will do."
Ballard was not the only safety representative to be dismissed. Five have now been sacked, one after collapsing on the job. The last remaining safety representative, Malcolm Peters, and his partner Bernadette have been touring Victoria, NSW and Queensland addressing public meetings, site meetings and union meetings.
In the latest edition of the WA CFMEU journal, Construction Worker, state secretary Kevin Reynolds wrote: "In most countries, national governments go after and prosecute criminals who trample on civil rights, attack families, and try to steal the homes and livelihoods of their citizens. But in Howard's Australia, the criminal is the federal government.
"Our campaign is no longer just a Rights at Work fight. As of July 5, when the Howard government announced that it will prosecute 107 men and women for doing the right thing in the face of bad laws used by a bad employer, our campaign became a civil and human rights fight."
The article referred to a media interview during which federal workplace relations minister Kevin Andrews was asked why workers were being prosecuted for exercising their right to strike. Andrews arrogantly replied that Australians have not lost that right, but simply have to pay up to $22,000 whenever they want to exercise it.
Speaking at the WA Maritime Union of Australia state conference on July 26, Victorian unionist Craig Johnston described the situation facing the WA CFMEU as "a line in the sand", adding that union members across Australia are looking to their leaders to call actions to support the WA workers.
Perth residents will be able to show solidarity with the CFMEU before August 29 at a "Family Day" on August 13, 10am-2pm at the Perth Soccer Club in North Perth. The event will raise money for the 107 workers.
The text of a motion in solidarity with the WA unionists that other workers can put to their union branch is available at .