WorkCover rallies: Kennett can be defeated
By Sue Bolton
MELBOURNE — After the 60,000-strong protest on October 29 against the state government's proposed cuts to Workcover, Victorian unions called another statewide stoppage on November 12.
Before October 29, the only unions campaigning against the WorkCover cuts were the construction unions, despite the fact that every Victorian worker will be affected.
The size of the October 29 demonstration reflected the level of concern amongst workers, once they found out about the cuts. Previously, a number of unions had officially supported the strike, but not called on their own members to strike. Many members of such unions responded to the media campaign run by the Trades Hall Council (THC) by voting at their workplaces to strike.
For the first time in many years, right-wing unions such as the National Union of Workers (NUW) and the Australian Workers Union (AWU) mobilised their members.
Many rank and file members feel that if the WorkCover cuts go ahead, the government won't stop there. All state governments have cut workers' compensation schemes over the last 10 years.
Kennett's current proposals would:
- abolish workers' right to sue employers for negligence under common law;
- abolish lump sum payments for workers assessed as having less than 10% of their whole body permanently impaired;
- cut weekly payments from 95% of ordinary time, pre-injury wages to either 75% or 60%.
To get the maximum lump sum pay-out, you would have to have more than 81% whole body impairment, such as quadriplegia. Paraplegia would not bring the maximum pay-out.
Government-appointed doctors would decide on compensation cases, and workers would have no right of appeal.
The attacks on compensation need to be seen in the context of the attacks on the right to a safe and healthy workplace. The Kennett government has undermined the Occupational Health and Safety Act by restricting the rights and functions of OH&S representatives, failing to prosecute employers who blatantly breach the law and repealing regulations and codes regarding safety.
Ongoing campaign
Dean Mighell, state secretary of the Electrical Trades Union (ETU), told Â鶹´«Ã½ Weekly that his union had put to the THC that "the union movement can't be 'one-hit wonders' because Kennett can weather a one-off rally. The campaign needs to be a longer campaign. That's why we supported a second strike and rally so soon after the first one. The ETU is calling on all members to stop work and attend the rally on November 12."
Since October 29, the media, the bosses and the government have gone into overdrive to convince workers not to strike on November 12. The bosses' campaign has persuaded the Municipal Employees Union, the Australian Workers Union and the National Union of Workers to pull out.
The ETU, CFMEU, Australasian Meat Industry Employees Union (AMIEU), health unions and the state Public Services Federation are supporting further action. Others, including the Maritime Union of Australia, were still considering their position as Â鶹´«Ã½ went to print.
The Australian Manufacturing Workers Union (metal division), which mobilised large numbers of workers for the October 29 strike, has come in for a lot of criticism from some of its shop stewards for not calling on members to stop work on November 12.
Employers have used a mixture of appeals to consider Australia's (read bosses') economic interests, offers of carrots to some unions and threats.
The carrot which has been informally offered to workers in the power industry in the Latrobe Valley, is that the industry will look after the power industry workers with a deal on the side — probably a private insurance scheme for workers in that sector.
Luke Van Der Muehlen, sub-branch secretary of the CFMEU-FEDFA division, which covers Latrobe Valley power industry workers, said, "We can't accept special deals. If we accept a side deal on WorkCover which just looks after us, other workers will see us as grubs. Then when the bosses want to take away that side deal in a later enterprise bargaining agreement, and we need the support of other workers, we won't get it."
Employers are threatening to sue unions or workers who strike on November 12. As Van Der Muehlen pointed out, one day's strike by power industry workers would cost the bosses over $1million — about the total value of assets of the Victorian branch of the union.
When power industry workers struck on October 29, the employers applied to the Industrial Relations Commission to use Section 127 of the federal Workplace Relations Act. This is a precursor to suing unions. The employers have left their application in the commission.
Trades Hall Council has legal advice that industrial action over cuts to WorkCover is a political issue and therefore is protected industrial action.
Dean Mighell said that the ETU was not going to be deterred from protesting against policies which harm workers. "If any employers apply to the commission to use Section 127 against us, we'll reply that we've got a right to protest."
Chance of victory
October 29 was successful because many union activists think that it is possible to defeat the government on this issue. It will be important that unions don't squander this willingness of workers to take up the campaign.
A victory against Kennett would be a huge morale boost for all workers, in Victoria and other states.
The opposition to Kennett's attacks is not limited to trade unions. Lawyers have been campaigning against the changes. Some of the major employer groups, some big companies that are self-insurers and the police union have also come out against the cuts. Opinion polls show that 80% of Victorians oppose the changes, and over 50% of employers are opposed.
The opposition has even reached inside the National and Liberal parties: 24 government backbenchers initially voted against the cuts before succumbing to pressure from Kennett.
Regional support for the campaign has also been strong: a demonstration of 800 in Warrnambool on October 23 and 4000-5000 on October 29, and a demonstration of 1500 in Ballarat on October 29.
ALP
All of the WorkCover demonstrations in Melbourne have had a strong ALP flavour, with the whole Labor Party parliamentary caucus lined up behind the speakers' platform. There have been plenty of calls from the platform to support the ALP.
Just when many workers think that it might be possible to defeat Kennett's WorkCover cuts, it is important that the campaign is not derailed into an attempt to rebuild Labor's electoral fortunes.
Many workers have bitter memories of the THC's campaign against the Kennett industrial relations changes in 1992-93, when there were a few one-off rallies and strikes, then the whole campaign was called off in favour of voting for the ALP in the federal elections.
If the WorkCover campaign is derailed in such a manner, it will be that much harder to mobilise workers the next time. Workers need to know that their union leaders are committed to a serious campaign which is aimed at defeating, and not just protesting against, the cuts.
In such a campaign, it would be foolish to rely on the ALP to do the job for us, especially because ALP governments have led the way in cutting workers' compensation schemes in New South Wales and South Australia. And the federal Labor government initially abolished the right of federal public servants to sue under common law.
Kennett can be beaten!
Workers and unions need to rely on their own strength to defeat the cuts. The Kennett government is not invincible. The government and employers still need workers to run the state.
The opposition is so broad that if it was properly mobilised in a campaign involving industrial action and community demonstrations, it would be impossible for Kennett to introduce the cuts. Kennett can withstand a one-off strike and demonstration but not a sustained campaign.
Some of the elements of a serious campaign would include:
Even if some unions abstained from such a campaign initially, it wouldn't be long before rank and file members pressured their leaders to take part. That's what happened on October 29.
Such a campaign could make the state ungovernable for the Kennett government and force the government to back down.
If Victorian workers won a victory against the Kennett government, it would put all governments on notice that workers are prepared to rely on their own strength to challenge any government which dares to introduce anti-worker policies.