36 reasons for action
By Michael Bull
MELBOURNE — The construction division of the Construction, Forestry, Mining and Energy Union (CFMEU) and the Federated Engine Drivers and Firemen's Association (FEDFA) launched a statewide campaign on February 1 to win a 36-hour week, a nine-day fortnight and a 24% pay increase in the Victorian building industry.
The campaign was agreed upon by construction workers in October, after negotiations for a new enterprise bargaining agreement (EBA) stalled. Four hundred job delegates attended the launch, giving full support to union leaders' proposals to take every second Monday off and use bans and limitations if employers refused to pay for those Mondays.
The Master Builders Association (MBA) has responded by calling for lockouts if the unions' threats turn into action. In a circular to its members, the MBA argues, "There are limited opportunities available to employers to take industrial action against employees who have initiated strikes and work bans. The limited mechanism is the lockout."
The circular then advises all members to lock out CFMEU and FEDFA members every Saturday during February and March, and on every Tuesday following a "36-hour Monday". Many building companies have already issued their employees with the "notice of lockout" that is required under the Workplace Relations Act.
The MBA circular also refers to the other tactic employers will use: legal action. Under the heading "Demands for strike pay", the circular states, "If your company is subject to such a demand for strike pay, you should keep detailed notes of who made the threats". A model affidavit is included, to be returned to the MBA after any such instances.
The "notice of lockout" contains details about the MBA's conception of a fair deal for construction workers. It states, "This company wants the new certified agreement to have a 38-hour week, and a pay increase of 15% to be granted in instalments over three years (consistent with the CFMEU deal in New South Wales). This proposal will ensure that developers will invest in Victoria rather than NSW and elsewhere — so that we still have projects to work on."
CFMEU state secretary Martin Kingham told the February 1 meeting that the employers have never taken the EBA negotiations seriously because of the pressure from the federal government whereby any company that breaks ranks could miss out on future government contracts.
During the current boom in the industry, Kingham said, building companies are making massive profits and can afford to hire the extra workers that shorter hours will require. However, he warned that the dispute "will develop into a battle of wills between us and the MBA, which will attempt to starve us out.
"Delegates must be in for the long haul, box cleverly with the use of bans and be ready for any sudden change of tactics, such as surprise walkouts and spontaneous rallies." Kingham also asked for a commitment from each job that wins the 36-hour week to financially and physically support the more embattled sites.
All delegates at the meeting agreed to the leadership's proposals, which include a weekly $10 fighting fund levy on all members.
All other construction unions (whose EBAs are not yet up for negotiation) have pledged their support to the CFMEU/FEDFA campaign, including to take industrial action to ensure payment for time lost once they are actively involved in the campaign.
The unions have also tabled an interim agreement for any employer who wants to avoid a fight, which demands a 36-hour week and an immediate 8% pay increase.