BY SIMON MILLAR
After more than two years of unsuccessful attempts by Yallourn Energy to stonewall the Construction, Forestry, Mining and Energy Union Victorian mining and energy division into giving up more than 200 workers' jobs, arbitration on the final phase of enterprise bargaining will commence on May 16.
Yallourn Energy, like many other big companies, has realised that the enterprise bargaining system, combined with the provisions of the federal government's Workplace Relation's Act, has weakened the union movement to such an extent it can take on key unions in key industrial sectors head on and win.
An article by Stephen Long in the Australian Financial Review on February 19, "A guide to burying unions", outlined the bosses' current industrial tactics in four steps:
1) Wait until the employees' enterprise agreement is about to expire, then offer non-union individual contracts to the entire unionised work force. Offer individual contracts with a lucrative pay increase offer — say 12-13% — with subsidised health benefits and additional employer-funded superannuation;
2) Refuse to bargain with unions for a new collective agreement;
3) Spruik the benefits of individual contracts to your employees, and prepare for some heat from the unions. It is possible that the unions will initiate an enterprise bargaining period and exercise their legal right to take "protected" industrial action in pursuit of a collective agreement. The unions may seek an injunction on the grounds that the employer is illegally trying to induce workers into leaving the unions. But they won't succeed if the court follows the precedent set in the BHP case; and
4) It helps to do years of preparatory work. Rio Tinto provides the model. At its metalliferous mines and smelters, it ran down pay rates for years in advance of the shift to "staff employment" of its workers. It made enterprise bargaining offers to the unions they were bound to refuse, making employee's so frustrated with the failure of unions to win a pay rise that they signed non-union agreements.
It should come as no surprise that key Rio Tinto's lawyers have been employed by Yallourn Energy.
Yallourn Energy has demanded what it calls the seven "fundamentals". They have been dubbed the "seven deadly sins" by the CFMEU mining and energy division. They are:
- a team-based structure (family rosters, maintenance teams);
- no agreed duties/demarcations or work structures;
- no staffing agreements;
- further contracting out of existing work;
- introduction of any new technology without agreement;
- voluntary separation packages; and
- only essential work done on shift.
All of the above lay the ground for sackings.
Yallourn Energy is using the bosses' court, the Australian Industrial Relations Commission, to legally attain the seven deadly sins.
If any worker is unsure about the bias of the AIRC, then its May 1 decision should put any lingering doubts to rest. Commissioner Lewin had ruled in November that the union could reapply for its bargaining period on May 2.
On May 1, the goal posts were quickly shifted with a ruling that the bargaining period cannot be applied for until July 31. The long and short of it is that the AIRC will make sure the Yallourn workers never have the chance to take protected industrial action during arbitration. It's a stitch up.
The CFMEU Latrobe Valley union leadership has realised this and understands that the only way to win is to take on the system. On January 18, at a rally for the Yallourn workers, CFMEU national secretary John Maitland made it clear that the union expected no justice from the AIRC and that the only way to win was "on the streets".
The battle is far from over and the coming months will be key. If you wish to show your support for the Yallourn Energy workers, please attend the rally on May 16, at 10am, outside the AIRC, Nauru House, Exhibition Street.
[Simon Millar is campaign organiser for the CFMEU Victorian mining and energy division.]