TAYLOR & SCOTT

Partner — Lidcombe

Lawyer — Lidcombe

Partner — Lidcombe

Our team of experienced lawyers is readily available to provide legal advice at discounted rates to all CFMEU members and their families. Partners of the firm since 1995, both Stephen and Ray are Accredited Litigation Specialists and have the expertise and knowledge to ensure your matter is handled successfully and professionally.

Whether you need advice on compensation, conveyancing, family law, wills/estates or criminal matters, we are always here to help you.

Our offices are conveniently located in the City and at Lidcombe, Wollongong and Newcastle.

Level 2, Robell House287 Elizabeth StreetSydney NSW 2000T: (02) 9265 2500F: (02) 9265 2555FREECALL 1800 600 664

Ground floor1 Lowden SquareWollongong NSW 2500T: (02) 4227 2344F: (02) 4227 1590FREECALL 1800 678 225

Level 2, CFMEU Building12 Railway StreetLidcombe NSW 2141T: (02) 8737 4500F: (02) 8737 4555FREECALL 1800 600 664

Suite 1Tonella Commercial CentreCnr Bull & Ravenshaw StreetNewcastle NSW 2300T: (02) 4929 6777F: (02) 4926 5109FREECALL 1800 880 777

UNITY 2

EDITORIAL

This is your journal and the CFMEU encourages you to have your say. Unity can only continue to improve with your participation. We welcome your contribution – letters, stories about wage claims, disputes, rorts, OHS, bad eggs, site conditions, poems, photos etc. If you have anything you think is worth publishing, phone, fax or mail us. Mark for the attention of Dani Cooper: Unity File, Locked Bag 1, Lidcombe NSW 1825

tel 02 9749 0400 fax 02 9649 5255 cooperdani@bigpond.com

Writing, editing and photography BLEEDIN’ HEART MEDIA ANDREW FERGUSONDesign RODNEY LOCHNER 0414 716 306Cover photo TANYA LAKE Printing and distribution PRINT&MAIL PTY LTD 02 9519 8268Advertising SUMMIT ADVERTISING 03 9329 7571

UNITYFEEDBACK

ENTERPRISE AGREEMENTS 4YOUR UNION 5-7APPRENTICES 8COVER 9REGIONAL 10-11OHS 12-13LEGAL 14BIN THE ABCC 15WAGE CLAIMS 16-17SUPERANNUATION 19 THE ESSAY 20-21AWARDS 24-28 MULTILINGUAL 29-31WORLD 36 COMMUNITY 37YOUR HEALTH 38DRUGS & ALCOHOL 39THE PROFILE 40

CONTENTSNOVEMBER 2009 ISSUE 47

IT HAS BEEN A TOUGH YEAR on many fronts in the construction industry with the global financial meltdown causing a collapse in the building sector and nega-tive returns on superannuation.

The financial collapse shows the failure of capitalism to reign in the excesses of big corporations and highlights the need for stronger controls and regulation of the market by government.

While many members are worried about their retirement nest eggs, it is important to remember that superannua-tion is a long-term investment. The per-formance of your super over a couple of months or even a couple of years should not concern most members.

Since Cbus started 25 years ago, it has delivered more than 9 per cent (on aver-age) each year to members and is consist-ently amongst the top-performing super funds in Australia.

But it is not only your future that Cbus is protecting. Through Cbus Property its investments have kept members in

jobs. Cbus has directly invested in major developments right across Australia and created more than 40,000 jobs. Major projects currently under way include the 1 Bligh Street development in Sydney.

It appears the economy is now improv-ing and this should result in a positive interest return next year. The Cbus Core Strategy, where most CFMEU members are invested, has made a strong start to the 2009-10 financial year, posting posi-tive returns of 5.6 per cent between July 1 and August 31.

This follows on from positive returns recorded for five of the six months between March and August 2009.

Cbus is run only to benefit members, not profit-seeking shareholders. If you have concerns Cbus co-ordinators regu-larly visit sites. Ask your delegate to organ-ise a visit or call Cbus on 1300 361 784.

If your employer is not paying you superannuation or you are not in the industry super scheme Cbus you should contact the union.

DISCLAIMER: Advertising by a company in Unity does not in any way constitute endorsement by the CFMEU of the practices of any employer/company.

CBUS INVESTSIN YOUR JOBS

ENTERPRISE AGREEMENTS

IF PERSEVERANCE WAS AN OLYMPIC sport Organiser Yu Lei Zhou would win gold.

After seven months of almost weekly site visits to talk with workers of Buildup Interiors, the company and its workers have signed on to a new Enterprise Agreement.

Zhou says when he first met the workers he was virtually ignored. “I spoke with them during their lunch break and everyone was eating and paying no attention to me,” he says.

However on the advice of Assistant State Secretary Mal Tulloch and State Secretary Andrew Ferguson, he decided to grind them down. “I turned up weekly for seven months,” he says. “Finally they got sick of this face and this voice and started listening to me.”

His efforts also attracted the attention of the boss, who agreed to negotiate an EA, which was finalised recently.

Zhou says the deal is a big win for workers with redundancy ACIRT payments increased by $40 a week and penalty rates for overtime applying every day. Previously workers had been paid overtime only for extra work on Saturdays. This could mean as much as an extra $100 a week for the workers, says Zhou.

He says it was hard to change the workers’ attitudes to the union because the company paid them weekly without fail.

“In the plastering sector not being paid is common. I had one worker who showed me his bank statements for six years and every week his pay went in on Thursday. Their attitude was as long as they got paid on time, they were not too ready to chase up other entitlements.”

MEMBERS WORKING INTERSTATE NEED TO BE AWARE that there are different benefits and services available interstate from the CFMEU and state-based redundancy schemes.

For example only ACIRT has provisions for interest to be paid to workers on the money in their ACIRT account. In other redundancy schemes interstate, members receive no interest with money being used for training and other initiatives eg ambulance cover.

Also UPlus, which provides 24-hour accident cover in NSW and top-up workers compensation benefits does not exist interstate, but there are other benefits.

The best advice the union can offer is if you work interstate and are not covered by UPlus or ACIRT you need to check what benefits and services apply in that particular state.

MEMBERS WORKING IN THE DEMOLITION sector have a lot to be happy about. In the past six months members across the sector have endorsed 10 Enterprise Agreements.

CFMEU Organiser Rebel Hanlon says secur-ing the agreements has involved negotiations with some of the main players in the sector.

“Working closely with the Demolition Contractors Association has ensured the success and acceptance of the agreements, which are currently being rolled out amongst demolition companies including Delta,” says Hanlon.

He says workers have responded to the CFMEU’s efforts in securing better conditions, by signing on to join the union in increasing numbers. “It is great to see the union rebuilding and workers understanding that only through collective negotiations will their conditions be maintained,” he says.

Importantly a new delegate structure has been put in place to support the increased mem-bership, he adds. Hanlon highlighted the efforts of Delta CFMEU delegate Fred Petersen who contributed to the negotiation process and the recruitment of membership.

“It’s good to have a delegate who can see the need to organise his workmates and is able to communicate the benefits of EAs to colleagues,” he says. “The enterprise agreement process still has a way to go in the sector to ensure the main-tenance of and ongoing commitment to worker entitlements. We are definitely on the right track.”

Anyone currently employed in the demoli-tion sector is encouraged to get in touch with their delegate or relevant union official to seek further information on their rights and condi-tions.

DAWN OF NEW ERA AT DELTA

AN OLYMPIAN EFFORT PAYS OFF FOR ZHOU

NOT ALL STATES ARE EQUAL

UNITY 4

WHAT A FEELINGDelta employees endorsing their Enterprise Agreement

YOUR UNION

THE CHEQUERED FLAG had barely been raised on the V8 Supercar race and the CFMEU was already on the winner’s podium.

Assistant State Secretary Mal Tulloch says the union secured a Memorandum of Understanding with those companies involved in staging the event to ensure workers on site are paid correctly. The MOU includes correct pay rates and superannuation, workers’ compensa-tion and long service leave entitlements.

The V8 event will be held on the shutdown long weekend in December at Olympic Park in Homebush and Tulloch says the union has also secured discount entry for union members.

The event will be staged annually for the next five years. Much of the preparation work involves erecting scaffolding, grandstands and barricades. Tulloch says mobile crane operators and labourers will also be working on site. The union’s involvement will continue through to the dismantling of the facilities, expected to be com-pleted by February.

Former Committee of Management member Nikola Botic has been appointed safety officer and is on site ensuring correct OHS procedures

are in place. Although he admits it is a different environment than he is used to working in “once you’ve worked in safety it isn’t much different”.

Botic is also keen to ensure any sub-contrac-tors on site have safe work method plans and can show workers’ compo and super paperwork. “I will be doing my best not to allow any sham operations on site,” he says.

CFMEU MEMBERS will receive a 10 per cent discount on Platinum, Gold and Silver grand-stand tickets and 10% off three-day general admission tickets.

CFMEU members will be able to access these prices by calling Ticketek on 132 849 and mentioning they are a CFMEU member or by logging on to:www.ticketek.com.au/syd500cfmeumember

IT’S TIME TO DOWN TOOLS and have a break with your family by joining the festivities of the CFMEU Family Picnic Day on Monday December 7.

This year Scenic World in the Blue Mountains is the latest offering as a picnic venue. Less than two hours from Sydney, members will be entitled to an unlimited rides pass that includes the Scenic Skyway, Scenic Railway, Scenic Cableway and the Scenic Walkway. Breathtaking views add to the sensa-tional experience.

The other hotspot this year will be Jamberoo, where families will also be enter-tained by Cuban band, JJ Son, who have spent the past month discussing Cuban rights and getting the hips of construction workers gyrat-ing on building sites across Sydney.

Other venues are: Taronga Zoo, Taronga Western Plains Zoo in Dubbo, Luna Park and the Australian Reptile Park on the Central Coast. Tickets to Luna Park include free rides from 11am and the Western Plains Zoo pass is for two days to give members and their fami-

lies a chance to enjoy the 300 hectares of bush-land and wildlife.

The CFMEU will provide 5 tickets per family to each financial member for all venues except Scenic World where the maximum is 4 tickets per member. Tickets are only available to financial members. Apprentices who are financial receive two tickets. Children three years and under do not need a ticket. There is a $2 administration fee per ticket for all venues to help the union cover the increasing costs of organising and running the picnic. Tickets can only be collected during office hours from the Union offices at Lidcombe, Sydney CBD, Newcastle or Wollongong. Your partner may collect your tickets provided they bring your OK card to the Union office.

Tickets will also be available from the Lidcombe office on Saturday December 5 from 9am to 4pm.Lidcombe: 12 Railway StWollongong: Labor Council, 1 Lowden SquareNewcastle: Devonshire LaneSydney CBD: Level 12, 276 Pitt St, Sydney

A WIN FOR V8 FANS

UNION PICNIC HITS NEW HIGH

COUNTER

PO

INT

EACH UNITY WE HIGHLIGHT the most-asked questions of our Lidcombe Counter Organiser Mick Lane.All answers are relevant to the National Building & Construction Industry Award.

LEAVE BEFORE 12 MONTHS?Q If I leave my employer before 12 months’ service, do I get my leave loading? My pay person says ‘No.’A You receive your leave loading on lawful termination of employment regardless of how long you have been there, provided that you are not a casual employee. The entitlement is applicable to the National Building and Construction Award and is NOT necessarily the case in other awards. It pays to ring the union.

SUPER WHILE ON WORKERS COMP?Q Do I get superannuation paid while I’m on workers’ compensation?A If you are covered by the National Building and Construction Award the answer is yes, but not necessarily for other awards. Ring the union to check your entitlement.

SPREAD LONG SERVICE TO 6 MTHS?Q If I am covered by the Long Service Leave Act 1995, can I spread my three months’ entitlement to six months at half pay.A Yes, but only by an agreement with your employer.

WORKCOVER TICKET QUERYQ What sort of WorkCover ticket do I need to operate a telescopic manitou or materi-als handler?A A non-slewing crane ticket is the appro-priate WorkCover ticket. A forklift ticket does NOT cover these machines.

BEREAVEMENT LEAVE OVERSEAS?Q Do I get any paid bereavement leave to attend a family member’s funeral overseas?A The National Building and Construction Award does not allow any paid leave or bereavement leave for overseas relatives. However it does allow for up to 10 days of unpaid leave upon proof of funeral or death being presented to the employer.

UNITY 5

ON TRACKCFMEU

member Nikola Botic ensures

safe conditions for workers

LEN QUILL AND JIM MAGEE MAY BE STOP-PING work, but their recent performance at the union’s State Council meeting showed they are not retiring types.

Accepting the honour of life membership of the union, the two former union delegates took the chance to highlight the importance of the union movement. Quill urged union organisers to work harder to convince tiling sub-contractors to join the union to ensure conditions down the line were not eroded away.

Magee, who like Quill had 40-plus years’ of union service under his belt, regretted that Howard had made “my last few years hell”.

He urged those present to “keep the fight up”. “Construction workers are still hurting out there, so let’s get strong again.”

LINDA EVERINGHAM, WHO WORKED along-side Warren Kelly in the EBA office, has left the CFMEU to work as an Organiser for the MWU.

Everingham, who joined the CFMEU last year after an active role in the Your Rights @ Work cam-paign against Howard, has long dreamed of taking on a more frontline role in the union movement. Congratulations!

WHEN KYLIE PRICE WALKED INTO THE Lidcombe office to take on her new role as assist-ant general manager it was a case of welcome

home. After 15 years in the national office, she has come full circle by rejoining the state office where she launched her union career in 1991.

“They’ve all known me [in the State office] since I was 17, it’s like a big family to me,” says the 34-year-old. Union rights come naturally to Price, who grew up on the picket lines helping her coal-miner father protest.

“I’ve always known about unions and knew the good things they do,” she says.

Her first major project is revamping the union website (see article page 7) to make it easier to access and a better resource for members and officials.

“IF YOU KNEW SECRETARY ANDREW FERGUSON, he’s got the tightest of tightest of bums. There is no way in the world that the CFMEU would provide any funds to FARC.’

Organiser Vriduar Vega quoted in the Weekend Australian answering allegations the CFMEU was involved in helping jailed trade union leader and filmmaker Patricia Obando raise funds for the Marxist insurgency group.

CFMEU PRESIDENT PETER MCCLELLAND hit the headlines recently at a meeting to announce the union green ban on Graythwaite estate on the north shore. Local Federal MP Joe Hockey was ready to throw his weight behind the move, but bought proceedings to a halt when he asked McClelland if the green ban was legal. After a short pause, McClelland reminded Hockey, that as former workplace minister in the Howard government he should know the answer. “No it’s not,” said McClelland, “and it is because of your govern-ment.” Remember WorkChoices Mr Hockey?

CFMEU NSW INDUSTRIAL CO-ORDINATOR Brian Fitzpatrick is worried he may have a face for radio. What else to think after a long ses-sion into sham contracting being filmed for the ABC’s 7.30 Report ended up on the cutting room floor. Fitzy reckons he had less than 4 seconds of screen time while Assistant State Secretary Brian “Sparkles” Parker had more than his 15 minutes of fame. To view the report visit http://www.youtube.com/watch?v=nWh-xaFFeIo

“JOHN HOWARD WOULD HAVE EXPECTED you to work on a pair of crutches until you were 70. But I didn’t expect it from Kevin Rudd.”

CFMEU DELEGATE JOHN BURNS talking to the Australian newspaper on federal Labor plans to raise the retirement age to 67.

Paying your union fees is as now as quick as a click of the mouse. Thanks to the upgrade of the CFMEU website (see right), members are already paying their dues via the internet. More than half the CFMEU membership pay their union fees electronically through direct debit, credit card, or Bpay. These payment meth-ods take the hassle out of staying financial. Members can log on to the revamped website, pay their dues, or sign on as a new member.

YOUR UNION

RETIRED CFMEU ORGANISER MICK LAWLER WAS presented with the union’s highest award, the Gold Badge, at the recent State Council meeting. Honouring almost 30 years’ service as a union official – first with the BWIU and then CFMEU – Lawler has also received a Newcastle Trades Hall Scroll of Honour and will receive the same tribute from Unions NSW. Mick is well known around NSW building sites and is pictured here in the early 1980s with a young Andrew Ferguson. But who is the third person in the photo. If you know contact Unity by email cooperdani@bigpond.com or phone 0400 4197 67. We’d love to hear from you.

WHO ARE YOU?

ON THE MOVE

MEDIA MOMENTS

ONLINE FEES

UNITY 6

LIFERS Len Quill and Jim Magee

THE CFMEU HAS EMBRACED the cyber world with a complete overhaul of its website. The upgrade, overseen by CFMEU Assistant General Manager Kylie Price, has resulted in a fabulous new resource for members.

Not only can you join the union and pay your fees via the site, members can keep in touch with union campaigns and events and the latest in safety news.

“The old website was outdated,” says Price.

“We wanted to create a site that reflects that unions remain an essential element of the modern workplace.”

Not only is the new site more user friendly, says Price, it can help members locate their Organiser by clicking on an interactive map. Other features include links to national and state CFMEU campaigns, the CFMEU Facebook site and updates on the CFMEU construction division in the news. A link to an activist calen-

dar shows when the next RDO is on and high-lights union events such as rallies, the Family Picnic Day and gigs such as the November JJ Son gigs. “Eventually we see the site as being a one-stop resource for members and our officials,” says Price. The national office of the CFMEU has also upgraded its website. Members can link to the national website directly from the state page. Visit www.cfmeu-construction-nsw.com.au

THE CONSTRUCTION SITES OF SYDNEY have been swaying to the beat of salsa and son music as Cuban band JJ Son help raise aware-ness of the plight of the Cuban Five.

The band have flown in from the music capital of Cuba, Santiago de Cuba as part of a Solidarity with Cuba campaign supported by the CFMEU and Australia Cuba Friendship Society. Their trip, which is being funded through gig fees, aims to highlight the inhu-manity of the US blockade and raise awareness about the Cuban Five – five men held in US jails for the past 11 years (See World, Page 36).

To kick-off the campaign the trio had more than 100 people gyrating their hips at the union’s Lidcombe office on October 23. They are almost booked out for the trip and will play two public concerts in Petersham Town Hall and the Uruguayan Club in western Sydney.

JJ Son con Idalbelis CDs are on sale at the Lidcombe office for $20.

JJ SON CON IDALBELIS SOLIDARITY WITH CUBA CONCERT WITH CAFE SURPETERSHAM TOWN HALL, $15FRIDAY NOVEMBER 20, 7PM-11PM

Also performing at THE URUGUAYAN CLUBSUNDAY NOVEMBER 29, FROM 5PM56-62 WHITFORD RD, HINCHINBROOK

YOUR UNION

WORKING-CLASS WARRIOR FETEDIN MARCH 2006, DES DONLEY, THEN 91, told Unity that he and the union movement would outlast John Howard.

Not only was his prediction true, Donley has now been immortalised in print ahead of Howard’s own biography with the publication of his life story, Slipped Through the Net. And his commitment to workers and indigenous rights was honoured with a CFMEU award at the recent State Council meeting of the union.

They are fitting tributes to the working-class warrior, whose life has intersected with some of the defining issues of modern Australia. A member of the Stolen Generation, the fair-skinned Donley was sent by the state to work on a Queensland farm when he was just 14. He slept in farm sheds working from 3.30am to 9pm each day without holidays for just four shillings a week, those meagre earnings paid into a trust fund run by the State.

Now 94, he is still battling the Queensland Government to have his wages returned. In a career that saw him work in sites as diverse as Darwin, Broken Hill, on Somerset Dam, the Opera House and Australia Square, he never backed down from a fight over rights.

He recalls being approached by a worker over the state of toilets while working on a site build-ing a camp for the Navy. Donley told the boss

the toilets, which were a hole in the ground sur-rounded by hessian bags on sticks, had to go.

“He said ‘You’ve got a hide telling me what to do’ and I said he had a hide calling those toilets.” The workers walked off the job and only returned when proper toilets were in place. It was the first of many victories won for workers during his career.

Author Elly Inta says although Donley’s story is one of hardship and deprivation, it is not a sob story. “His sense of humour comes through,” she says. The book weaves together Donley’s life, the story of their meeting and the creation of the book.

As for the end of the Howard years, Donley is delighted to be rid of the former prime minister. But his fighting days are not quite over and he now has his sights set on outliving an even bigger enemy – capitalism.

BOOK GIVEAWAYUnity has a copy of Slipped Through the Net, signed by Des Donley, to give away. For your chance to win sign up to pay your union fees online. Winner announced next edition.

SALSATHE NIGHTAWAY

WEB SITE TAKES A CYBER LEAP

UNITY 7

LIVING HISTORY

Des Donley with author Elly Inta

and President Peter McClelland

AS PART OF ITS RESPONSE TO THE GLOBAL financial crisis, the Rudd Labor Government has introduced a range of initia-tives to support apprentices.

The Building Workers Assistance Centre Australian Apprenticeships Centre and Employment Service (BWAC) has a longstand-ing and successful relationship with employers and apprentices.

It is a strong supporter and participant in the Australian apprenticeships system. Skilled tradespeople provide the foundations of our lifestyles.

These skilled tradespeople are the Australian apprentices of years gone by and the employers of the new breed of apprentices.

Among the initiatives announced by the

Federal Government that are currently available to eligible employers or apprentices are:

Employer commencement incentives for standard commencement; standard recom-mencement; Securing Australia’s Apprentices commencement bonus; the kickstart bonus;

Employer completion incentives: standard completion; Securing Australia’s Apprentices commencement bonus,

The Tools For Your Trade payment (encom-passing the previous Apprentice Wage Top Up; the Tools for Your Trade Voucher; and the Commonwealth Trade Learning Scholarship);

The Living Away From Home Allowance; The Disabled Australian Apprentice Wage

Support; and

The Support for Adult Apprentices.

Further details of these initiatives are available on the BWAC website at www.bwacaac.org.au

Or you can call BWAC in Sydney on 9749 9488 and speak to either Walter Garcia or Sarah Leighton; or BWAC on the Central Coast on 4322 3376 and speak to Glenn Peters. If you want to arrange a sign up, please call Elizabeth Rivera on 9749 9488.

At BWAC we pride ourselves on our com-mitment to employers, employees and jobseek-ers and to making a positive impact on the cur-rent skills needs in Australian workplaces and the lives of the members of our community.

Please feel free to contact us with any issues relating to skilling and apprenticeships.

APPRENTICES

HAPPY TO BE ONE OF A KIND IN A MAN’S WORLDWHEN NATALIE NEEDHAM-KELLY PICKS up her tools each day, she carries an extra burden.

As one of the few female apprentices in the industry, the 19-year-old is determined to show gender is no obstacle to a career in construction.

“I definitely go a bit harder in my studies and in my work to outdo the other apprentices to show women are as good as the guys,” she says.

For the second-year apprentice shop-fitter, starting a trade was a natural choice after finish-ing high school.

“Everyone in my family has a trade,” she says adding that her stepsister plans to follow in Natalie’s footsteps by training to become an elec-trician.

“It’s a pretty steady job – the construction

industry is always going to be around and the money’s pretty good,” she says.

Natalie also considers construction a creative profession.

“I love standing back and looking at some-thing I’ve finished and think ‘wow I built that’.”

As the only woman working on the tools at her workplace, Natalie has to sometimes concede that she can’t do everything the blokes do.

“I try to work smart, rather than hard and use the palette jack a little more than the others. But I’m not afraid to ask for help if it is too heavy.”

Experience has also made Natalie a firm supporter of the CFMEU and she urges fellow apprentices and trainees to make the commit-ment. “I think it is important to be part of the

union,” she says. “It’s handy to know I’ve got the back-up and that the union is there to explain my rights.

Natalie, who says she now has a brilliant employer, admits she learned the hard way.

She was forced to restart her apprenticeship in Sydney, after leaving a Brisbane job because of “inappropriate behaviour”.

“When I got into my [first] apprenticeship I was told about the union and I never joined up. I had a very dodgy employer and I learned the hard way how important the union is.”

Despite urging Natalie could not think of a downside of being a woman in a man’s world.

On the upside however she points out that as one of a kind she gets her own toilet.

INITIATIVES AIMED AT KICKSTARTING CAREERS

UNITY 8

SOLO ACTNatalie Needham-Kelly thinks women have to work harder to prove themselves in construction

UNDER JOHN HOWARD union delegates faced a tough time with many of their protections and rights that helped them do the job removed. With the death of WorkChoices Unity meets three new delegates helping to rebuild the union’s grass-roots strength.

FRED PETERSENWhen it came time to elect a delegate at Fred Petersen’s workplace nominations were thin on the ground because as Fred says “the laws that used to protect delegates had been taken away”.

In that environment and fearing they would be walked over by the boss, Fred stepped forward.

“I felt strongly about workers’ rights and that there should be someone strong enough to stand up for the workers,” he says of becoming Delta Demolitions union delegate.

Now in his second year as the union’s man on site he says it has been a learning experi-ence. According to Organiser Rebel Hanlon, the 31-year-old from Bateau Bay on the Central Coast was instrumental in Delta becoming one of the first companies in the demolition sector to sign up to a new CFMEU Enterprise Agreement.

Fred says the negotiations showed he and his workmates the power of solidarity.

“There are only 15 workers left here and we felt we were in no position to be demanding much at all, but Rebel was incredibly resourceful in his approach and the guys now realise the pendulum is starting to swing back to workers again.”

Petersen says a good relationship with his employer also helps him in the job.

“My supervisor has never stood in the way of my duties as a delegate. I have a lot of respect for him,” says Petersen.

The married father of four says the Howard attacks and the financial crisis have taken their toll on his company – a workforce of 140 blokes in 2008 is down to about 20. “We’ve become a really tight unit,” he says.

“The guys know I’d go to the edge and fight tooth and nail for them.” Importantly for him he also knows the CFMEU will back him in a fight.

“There have been a few issues when I’ve had Rebel in my corner and was blown away by the amount of support and the commitment he has. As a delegate it is important to know your organ-

iser will be there and it has made me proud to be a union member.”

DIMITRI ZAROUBAIn 1993 Dimitri Zarouba was one of the stars of the Russian rugby league team that came to Australia for the international Sevens tourna-ment. Today he is on site in Gloucester Street at The Rocks and one of the CFMEU’s latest recruits to the position of delegate.

The transition might seem a great leap, but Dimitri is as determined to win on the picket line as he is on the playing field. Unionism comes naturally to the 37-year-old, who helped organise a four-week picket of the Built job in Sydney’s

CBD last Christmas to ensure workers got more than$250,000 owing to them. When he was asked to be a delegate, Dimitri didn’t hesitate. “I grew up in a union-oriented country called the Soviet Union,” he says with a wry laugh. Now employed by EVS Group, Dimitri works as secu-rity on sites around Sydney.

His introduction to the construction industry came when Port Kembla sponsored him to join its league team. The former hooker trialled for St George, but luckily for the CFMEU missed out.

Homesickness forced him to move north to Sydney where he became involved with the Russian-speaking community and started work-ing in construction. In 1996 he was granted a visa to stay and now has a de facto and 10-year-old daughter, Samantha Anastasia.

After surviving the Howard years it came as a shock to Dimitri t that the Labor Government would not automatically look after workers.

“The Russian way of unions is different,” he says. “In Russia unions are part of the system

and part of the government and gets privileges because of that.” His main work as a delegate, he says, is helping Russian speakers make sense of documents and increasing awareness of their rights. He understands how his workmates feel, having only begun to speak English himself recently.

MOHAMED HAMMOUDMohamed Hammoud may have come to the con-struction industry recently, but as a former panel beater he knows how cut-throat trades can be. As an apprentice he saw many mates ripped off and since taking up the tools in 2001 during the Howard years has seen workers’ rights eroded.

It was his belief in justice and a fair deal that inspired the 32-year-old to become a union dele-gate with Built. He is determined everyone on his watch will get the right pay and have their legal entitlements such as Cbus, ACIRT, UPlus and long service leave paid in full.

“I enjoy doing it,” he says, “and I know there are blokes that would be too afraid to speak up. My experience as an apprentice was seeing peo-ple get ripped off. You’ve got to talk up or nothing is going to get done.”

His efforts have obviously paid off because he is also now the company delegate for Built. Both jobs mean the 32-year-old spends a lot of time lis-tening to “what the boys have to say and talking to management about what they want”.

The married, father of two sings the praise of CFMEU organisers Rob Kera, Rebel Hanlon and Assistant State Secretary Brian Parker saying they are always available to help out with queries.

He has completed two CFMEU training courses and had the benefit of being mentored by a previous delegate before he struck out on his own. One of his main focuses is safety and he is often seen on site, doing safety walks.

“The training helps because if you are talking to someone on site about anything they know I know what I am talking about.”

Mohamed is pleased to see the back of WorkChoices, but disappointed in Rudd’s failure to fulfil election promises such as getting rid of the ABCC.

“It’s good that Howard is gone, but I don’t think Rudd is going to do us any favours,” he says.

READYTO TAKE UP THE FIGHT

THERE SHOULD BE SOMEONE STRONG ENOUGH TO STAND UP FOR THE WORKERS.

COVER

UNITY 9

STRENGTHDimitri Zarouba,

Fred Petersen and Mohamed

Hammoud

IT WAS A CASE OF ‘NEVER LET A CHANCE GO BY’ when Prime Minister Kevin Rudd and the federal Cabinet lobbed into Port Macquarie in August. Staunch unionist and crane driver Stuart James managed to corner Rudd for 10 minutes and give him a regional perspective on his gov-ernment’s failure to axe the Australian Building and Construction Commission.

James explained how the retention of the coer-cive powers within the new government body Fair Work Australia allows bosses to continue to rip off workers. Northern NSW Organiser Jim Hutcheon also was doing his bit in the union’s battle to abolish the ABCC.

He met with Workplace Minister Julia Gillard and Member for Page Janelle Saffin to also highlight how Howard’s laws had left a legacy of ripped-off workers. As Hutcheon points out when Howard brought in WorkChoices the fed-eral Corporation Act superseded the State IR Act.

Under the state act, Hutcheon says principal contractors could be notified that a sub-contrac-

tor was failing to pay entitlements, and if they did not sort it out could be liable for the payments themselves. “We were asking Gillard to make sure that something similar is included in the new Act,” he says.

A recent case has highlighted how easy it is for company’s to rip-off its workers.

Hutcheon says union member John Ryan had asked the union to chase up a wage claim in June against his employer of 10 months, Wilde Plant Hire.

Eventually the union took the matter to the Industrial Relations Commission. However the company went into liquidation and Ryan was left with nothing. Hutcheon says in early August Ryan had a massive heart attack and died, know-ing he had been ripped off in his last workplace.

Hutcheon says in trying to chase up death benefits he discovered only $40 in his ACIRT account and that despite Ryan giving his employ-er his Cbus details no money was ever deposited.

He later found the company had made no superannuation payments into its preferred fund since 2005.

“John’s family has been left high and dry and there is not much we can do about it,” he says.

The union is in talks with the company administrator to see if it can make any payments to the family.

PRIMEDTO SEIZE A CHANCE

PLAQUE GIVES A FOCUS TO ANNUAL EVENT Workers in the Port Macquarie region will have a focal point for future International Day of Mourning commemorations on April 28 with the unveiling of a plaque in a local park. Unions Hastings-Macleay and Port Macquarie Hastings Council worked together to raise the importance of workplace safety in the community. Northern NSW Organiser Jim Hutcheon, pictured with council administrator Garry Payne and WorkCover’s Col West, says although the annual international Day of Mourning is yet to gain a profile on the North Coast of NSW, the plaque is the first step in raising awareness. “We’ve had a number of tragic work accidents up here involving rural workers killed. We now have to work hard to get the message across that this day is about all workers not just construction workers,” he says.

REGIONAL

LOBBYING Stuart James and Prime Minister Kevin Rudd

THE CFMEU HAS DECLARED WAR on the High Trade/Ferro Constructions building group and called for a federal government inquiry into its activities, which have left building workers and sub-contractors in The Hunter devastated.

As Unity went to press the CFMEU was ask-ing the ANZ Bank, which has taken over the High Trade site at Charlestown, to assist in secur-ing a fair and respectful resolution for workers and unpaid subbies on the site in Newcastle.

State Secretary Andrew Ferguson says High Trade has consistently failed to pay suppliers and sub-contractors and drained tens of millions of dollars from Hunter companies since 2006.

High Trade companies have been involved with some of the biggest building projects in the Hunter in the past five years. They include the Hunter Valley Resort, the Azura and Wharf apart-ments, Crowne Plaza resort and the Charlestown Sky Central development.

Hightrade group companies undergo regu-lar name changes or are wound up and replaced allowing them to avoid payments and taxes.

Ferguson is outraged this collapsing and new companies rising from the ashes has been allowed to continue with no action from company regulator ASIC or the Federal Government.

He has lodged formal complaints with Treasurer Wayne Swan, Immigration Minister Chris Evans and Corporate Law Minister Chris Bowen. The group’s use of illegal immigrants as a cheap workforce is also taking jobs from legiti-mate workers, he says. In one recent instance an

immigration raid on a High Trade Hurstville job led to 15 illegal workers being apprehended.

The workers were released and the next week one of the illegal immigrants was caught work-ing at the Charlestown site in Newcastle. He says High Trade has been raided by immigration at least six times, but has never been prosecuted.

“The workers are deported, but there has never been anyone prosecuted in this country for hiring illegal workers … if they are caught constantly using illegal workers they should be penalised,” says Ferguson.

CFMEU Organiser Chikmann Koh has been helping Korean tilers owed more than $700,000 by the High Trade group. On October 30, Koh, a group of CFMEU Korean tilers and supporters staged a sit-in at the ANZ Bank headquarters in Martin Place. In Newcastle two unpaid subbies are staging a picket outside the Charlestown site.

In another development, CFMEU Organiser Pomare Auimatagi showed great control when a High Trade site manager attacked him last month. The drama at the Charlestown site hap-pened when Auimatagi and Organiser Russell Cunningham shut down the job due to safety breaches, an action later vindicated by WorkCover NSW.

Another High Trade development that has left a trail of unpaid workers and sub-contractors is the Crowne Plaza Hotel luxury resort.

Among the people owed money is former Wallaby Mick Martin, whose roofing company is owed $389,000. While High Trade’s Li Zhang lives the good life in China and still ten-ders to build golf clubs and resorts, Hunter fami-lies, like Martin’s, are hurting.

ON SATURDAY DECEMBER 5 AT 11AM, unpaid workers and sub-contractors will stage a peaceful protest at the entrance to the Crowne Plaza Hotel resort at 430 Wine Country Drive, Lovedale in the Hunter. Martin and the other Hunter workers will call on Crowne Plaza resort to intervene and assist those who worked on the site to be paid.

Any sub-contractors that are owed money by High Trade, Ferro Constructions or a related company should contact the CFMEU Wage Claims Department. The union cannot guaran-tee an outcome but is campaigning for payments.

WAR ONHIGHTRADE

TEXTREGIONAL

CFMEU ORGANISERS IN WOLLONGONG have had number of wins recently over issues involving drug and alcohol testing. Bluescope recently stood down a CFMEU member after he was unable to supply a urine sample during a spot drug test.

The CFMEU took the matter to the NSW Industrial Relations Commission and under an agreement, the CFMEU member returned to work and was paid for the time he was stood down. Wollongong Organiser Peter Primmer says the union is not against drug testing, but urine testing is unnecessary.

He says saliva testing is as effective in detecting the presence of drugs up to 10 hours’ previously and is being used by big companies in the other states. Primmer says the urine testing is a breach of workers’ privacy as they

are required to do the tests in front of a staff member. “I don’t want anyone affected by drugs or alcohol on site,” says Primmer. “But the CFMEU is not going to tolerate urine sam-ples being demanded on site, we have no prob-lem with saliva tests.”

In the other case, the CFMEU is negotiat-ing with RailCorp over what Primmer calls the double standards in its alcohol and drugs policy. Three CFMEU members, who are sub-contractors, have recently been tested and recorded blood alcohol readings over 0.02%.

These workers have been sacked and banned from working on any RailCorp site again. Primmer says this is outrageous, given RailCorp gives its own employees a number of chances to rehabilitate before they are sacked.

In one of the cases, Marc Baum, of

Advanced Earthmoving, was breath tested at 6.30am on August 7 and gave a reading slightly over 0.026%. He was not due to start work until 7am. On August 22 Craig Melville, a fore-man employed by Reeds, was tested at 7:05am while sitting in his car in the car park, and returned a blood alcohol reading of 0.032%. His shift was not due to start until 8am.

“There are two sets of standards,” says Primmer. “These guys weren’t even on Railcorp property.” He says RailCorp has said it will look at suspensions and commitments from the workers to attend rehab and AA meetings.

However he says that is not acceptable and the same standards should apply to contrac-tors and Railcorp employees.

“Blowing 0.02 doesn’t make you an alco-holic,” says Primmer.

TESTING TIMES IN BID FOR EQUAL RIGHTS FOR ALL

UNITY 11

WINNING WAYSCFMEU Organiser Pomare Auimatagi defends himself and High Trade workers take their protest to the bank

CCTV VICTORYThe CFMEU, with the help of Greens councillor Chris Harris, has headed off a Sydney City plan to widen the protocol under which CCTV foot-age can be used. The union was concerned the change would allow the Australian Building and Construction Commission to access CCTV to help in its intimidation of workers.

INJURY AT ‘WORST SITE’A carpenter sustained head injuries after fall-ing four metres through a hole into an under-ground car park at the Austar Constructions site in Auburn in August. Assistant State Secretary Mal Tulloch says it was one of the worst sites seen recently. A CFMEU investigation showed safety issues including:

An absence of hand railings to prevent falls; No first aid on site; An unstable, makeshift “bridge” over a

trench; An absence of shoring to prevent trenches

from caving in; A number of electrical hazards; Unsecured building materials and debris

scattered about the site, presenting trip and fall risks.

Tulloch says the site is typical of non-union sites that show a disregard for worker safety. “If a builder cannot provide a safe working environment for people working on the site, then they should not be in business,” he says.

SCAFFOLD SAFETY BLITZWorkplace safety authorities across Australia have started a campaign to improve scaffold-ing safety in the construction industry.Safety inspectors from all states visit resi-dential and commercial construction sites to ensure safe work procedures are in place to address the risks of erecting and using scaf-folding. The campaign started in August and will focus on ensuring construction site scaffolding com-plies with Australian Standards AS 1576 and AS 4576 for prefabricated, aluminium, trestle and swing stage scaffolds.

DIRECTORS FACE PENALTIESTwo directors of a wound-up company have

been found guilty of breaching OHS laws after a worker was seriously injured when assisting lifting a steel plate by mobile crane in 2006. The finding by the NSW Industrial Relations Commission is a warning to directors that they can be held accountable in the absence of a company to prosecute. Jose Santos and Jamie Lorenzo were the sole directors of S&L Steel, which they wound up in February 2007.

HORRIFIC DEATH FOR NEW WORKERA company has been fined $99,000 after a worker, just three days on the job, died after a horrific workplace accident in March 2006. The NSW Industrial Relations Commission fined Premier Precast after labourer Peter Barrett died after falling feet first into a cement-mixing machine. His legs became trapped in steel rotating pad-dles and his right leg was amputated at the scene. It took three hours before he could be freed. Barrett suffered a cardiac arrest en-route to hospital, went into a coma and died 2 weeks later. He was working alone and unsupervised at the time of the accident and hadn’t received adequate instructions, the court said.

OHS

Leichhardt Mayor Jamie Parker unveiled a plaque to honour Ivan Vega, a painter who fell to his death while working in Rozelle last year. The plaque is located on the foreshore opposite the Balmain Cove apartments, which is where Vega fell. His daughter Katherine Vega, pictured above beside the plaque with Ivan’s widow Isabel, left and son Jonathan right, spoke to the crowd and said there was a need to make sure her father’s death was not in vain. “It’s an extremely hard day for the family. It’s hard to think he went to work and never came home.” The CFMEU presented the Workplace Tragedy Family Support Group with $22,000 at the ceremony to help the group continue supporting relatives of people who have died at work.

TEARS FOR DAD WHO ‘NEVER CAME HOME’

IN BRIEF

UNITY 12

A ONCE-IN-A-LIFETIME CHANCE to enshrine stronger safety laws will be missed if the Rudd Labor Government pushes ahead with its plan to dismantle state OHS laws and create one federal OHS law for the whole of Australia.

CFMEU State Secretary Andrew Ferguson says the so-called “harmonisation” of state safety laws across Australia threatens to put building workers’ lives at risk. He says the Rudd Labor Government pledged that in the move to one national system the toughest OHS standards would apply, not the weakest.

“This should be about enshrining the tough-est possible regime,” he says. “Instead the Rudd Government is caving into big business and watering down safety laws.”

CFMEU activists joined a rally late last month with other trade unions at Martin Place to protest the changes.

Federal and state workplace ministers have voted to replace the nine state and federal regimes with one national workplace safety system. Ferguson says it is the NSW laws that should be adopted as they are generally better than safety laws in other states.

“Rudd and Gillard were elected on a mandate of protecting workers’ rights, but are surrender-ing to big business,” he says.

THE BIG FIVE CONCERNS

GIVING WORKERS A SAY Workers must have the right to be consulted over all work-related matters that affect health and safety.

MAKING EMPLOYERS RESPONSIBLE Employers should be obliged to provide a safe workplace and when something goes wrong, must prove they did not break the law. Laws need

to be toughened so employers are required to find and fix problems.

EMPOWERING HEALTH AND SAFETY REPRESENTATIVES Currently employers must consult workers about health and safety issues in the workplace. The proposed laws state employers would only have to consult if it was “reasonably necessary”, and only then with workers who were “directly affected”. The CFMEU wants to ensure this does not impact on rights, powers and protections of safety reps.

RESPECTING THE ROLE OF UNIONS Research shows unionised workplaces in Australia are three times more likely to have an OHS committee and are twice as likely to have done an OHS audit. We need laws that make it easier, not harder for unions to monitor and deal with health and safety at work.

THE RIGHT TO TAKE COURT ACTION Trade unions have been able to prosecute breach-es of workplace health and safety law in NSW since the 1940s. The right to prosecute should become a national standard. Under the proposed changes this right will be removed.

WHAT YOU CAN DOIf you do not act these laws will be passed and your safety at work will be at risk.

Tell your family and friends about the issue. Write a letter to your local paper. Contact NSW Industrial Relations Minister

John Hatzistergos on 9228 4977 or; office@hatzistergos.minister.nsw.gov.au

Take action by logging on to Your Rights@Work site at www.rightsatwork.com.au/cam-paigns/dontrisk2ndratesafety/

NEW LAWS A DISASTER

OHS

This is what a leaking oxyacetylene canister and a remote control car key can do to a neighbourhood and a van. Two Melbourne apprentice plumbers are counting their luck after they accidentally sparked a gas blast that destroyed their van, damaged homes and left a quiet street looking like a “war scene”. The two apprentices were just metres from their work van when one of them used the key to unlock the door. “I walked over, pushed the button on my key and it just went ker-boom,” says apprentice Luke Stokell. Stokell was thrown into the air while the blast also shattered windows and hurled debris on to the roofs of houses in neighbouring streets in Melbourne’s Chelsea Heights. Four homes were evacuated and only the smoking chassis remained of the van.

LEAKING GAS BLOWN BY REMOTE

NSW LABORDELIVERSThe right of CFMEU Organisers to visit sites to investigate suspected safety breaches has been enshrined in legislation by the Rees State Labor Government. The changes come out of a court action taken by John Holland against the CFMEU over the right of two union organisers to access its Kurnell desalination plant.

The federal court in this case ruled the organisers did not have a right of entry because they were not “officers” of the CFMEU as defined by the Act.

The decision threw into doubt many years of practice, so the Rees Government stepped in to clarify this custom. Importantly the law is retrospective ensuring previous workplace inspections by union officers are valid.

Under the changes an employee or officer of the union who holds a NSW right of entry permit, can now exercise their right of entry to investigate sus-pected breaches of the OHS Act.

“The changes mean big builders like John Holland can no longer lock out the CFMEU when safety concerns are raised,” State Secretary Andrew Ferguson says. “The Rees Labor Government is to be commended for stepping up to protect workers and ensuring the erosion of safety on sites is stopped. The CFMEU will be ensuring that any concerns raised by members on any sites are rectified.”

UNITY 13

WHEN LUKE BANDROWSKI DIED AT WORK on July 4, 2005 the circumstances of his death shocked the nation.

While working alone on the Chatswood to Epping Rail Link project he suffered a heart attack and fell into a sediment pond.

For the next 16 hours the machine he was operating lay idle, its lights flashing. People

walked past the sediment pond, chatting, smok-ing while his body lay below.

Finally at 11.40am on July 5, the body of the 24-year-old, father of two was hauled from the pit.

As is often the case when fatalities make head-lines, the story is soon forgotten and its impact goes unreported.

While dealing with her grief, Luke’s long-

term partner Tori Roelandts had to deal with the practical financial implications of her loss and the immediate problem of how to support their two young children Kye and Jack.

Soon after Luke’s death the CFMEU organ-ised for Gervase Liddy of Taylor&Scott to meet with Tori to discuss the options for possible claims. Luke had been experiencing chest pain and pain in his left arm for several years.

But less than a fortnight before his death, he went to Sutherland Hospital emergency depart-ment with severe chest pain, only to be dis-charged with a diagnosis of heartburn.

Investigations by Taylor & Scott showed Luke’s heart attack was not due to his work and a death claim under the workers compensation laws could not be pursued.

Our legal team then advised Tori to pursue a claim for medical negligence.

In September this year, the District Court approved an agreed settlement on a nervous shock claim and compensation to relatives claim. For Tori the deal gives her some financial security and helps her move forward in her life without Luke.

She says the support of the CFMEU in the aftermath of Luke’s death has been unwavering and thanked his co-workers for their “tremen-dous generosity” in collecting donations to sup-port her and the children.

“I now feel that the children and I have a degree of financial security which will allow me to pur-chase a family home and educate Luke’s children.”

PAYOUT HELPS FAMILY

LEGAL AFFAIRS

NEW UNFAIR DISMISSAL LAWS came into force on July 1 2009 as part of Labor’s new “Fair Work” legislation.

The former Howard government’s WorkChoices laws removed the right of most workers to make a claim for unfair dismissal. Under the new laws, many more people have access to a legal remedy if they have been unfairly sacked.

The new “Fair Work” laws, like the WorkChoices laws, generally apply to employ-ees of “constitutional corporations”, ie Pty Ltd companies. If you are employed by a company, as most Australian workers are, you are prob-ably covered by the new laws.

Different unfair dismissal laws apply to other workers such as people employed by State government bodies, sole traders or part-nerships. Under the new “Fair Work” laws:

Claims of unfair dismissal go before the new tribunal, Fair Work Australia, for conciliation, and if necessary, for a decision to be made about whether the dismissal was unfair.

Applications for unfair dismissal should now be lodged with Fair Work Australia

within 14 days of the termination. The CFMEU has solicitors with expertise in these lodgements.

Employees need to have worked for the employer for at least six months to be eligi-ble to bring an unfair dismissal claim if the employer is not a “small business employer”.

Employees need to have worked for the employer for at least 1 year to be eligible to bring the claim if the employer is a “small business employer”.

A “small business employer” is an employer with fewer than 15 employees. Employees of related companies are counted. The claimant and any other employees being dismissed are also counted.

To be eligible to bring claim, a casual must have been employed on a “regular and sys-tematic basis” with a reasonable expecta-tion of continuing employment.

A dismissal will not be unfair if it is a case of “genuine redundancy”.

A dismissal will not be unfair if the employer is a “small business employer” and the employer complied with the Small Business Fair Dismissal Code.

Employees who earn over $108,300 and are not covered by an award or enterprise agreement are excluded from making an unfair dismissal claim.

The new laws also make other legal claims available in some cases where employees, or independent subcontractors, are sub-jected to discriminatory treatment at work, for example if a person is discriminated against for being a member of a union.

If you are a financial member of the Union, and you believe you have been unfairly sacked or discriminated against, contact the CFMEU’s Legal Department for help.

You should always contact the Union to dis-cuss how the laws will apply in your personal circumstances. Leah Charlson, Legal Officer, CFMEU

NEW UNFAIR DISMISSAL LAWS TO TAKE EFFECT

UNITY 14

FATHERLESS Luke Bandrowski pictured with his daughter Kye soon after the birth of son, Jack

THE NAME MAY CHANGE, but some things remain the same. That is the case with the Federal Labor Government’s makeover on the industry watchdog, the Australian Building and Construction Commission.

Government legislation has been introduced that abolishes the ABCC, but its discriminatory coercive powers will remain, albeit with some safeguards.

This is not good enough, says CFMEU State Secretary Andrew Ferguson. “While the parlia-ment is arguing over the changes, we still have

Ark Tribe facing six months’ jail for standing up for his rights on site,” Ferguson says.

“This is not what CFMEU members voted for when we helped kick John Howard out of office.”

Ferguson spoke as Tribe made his third appearance before an Adelaide court on October 30. In every Australian capital, CFMEU mem-bers marched in support of the South Australian rigger, who has refused to be interviewed by the ABCC.

In Adelaide, more than 1000 supporters chanted “one law for all” as he walked in to court

to have his case adjourned to December 18 with a trial expected early next year. In Sydney the CFMEU led the protest with more than 2000 unionists marching through the CBD streets.

Ferguson says the Rudd Government needs to spend less time worrying about making busi-ness happy by attacking the construction union and focus on the rorts that are costing CFMEU members their jobs and livelihoods.

These include pyramid sub-contracting; the use of illegal workers; convenient liquidations and failure to pay proper entitlements.

FOR ONE OF THE TRIBE

CHANGES TO THE NATIONAL CODE OF PRACTICE for the construction industry are a win for the CFMEU. John Howard used Commonwealth purchas-ing power to push his anti-union agenda by determining what could happen on federally funded building sites.

This included banning union brochures, the flying of the Eureka flag and even stopping stickers being worn on safety gear.

The Liberals pushed this agenda by only giving big contracts to builders that took a hard line on restricting union activity on sites.

Under the new Guidelines many anti-union clauses have been scrapped including restric-tions on union delegates performing site inductions.

The Rudd Government has also included positive measures such as ensuring those tendering for government work should have a clean record on industrial matters. That should help change John Holland’s attitude.

If the companies have court orders against them for things such as unpaid wages or enti-tlements, this can also count against them.

To see the new guidelines go to www.work-place.gov.au or contact the Lidcombe office for more details.

DEATHS IN THE CONSTRUCTION indus-try have doubled since the introduction of the Australian Building and Construction Commission.

According to Safe Work Australia, there were 18 recorded deaths in the construction industry in the year before the establishment of the ABCC. Three years later, in 2007-08,

there were 36 recorded deaths. CFMEU assist-ant state secretary Malcolm Tulloch says the increase in deaths are a sadly predictable con-sequence of the anti-union laws.

“Unions have been vigorous defenders of safety in workplaces, so it is unsurprising that laws that attempt to inhibit the activity of unions have had this effect.”

Year Deaths2004-05 182005-06 272006-07 282007-08 36

ABCC established: October 2005Data: Safe Work Australia

BIN THE ABCC

DEATHS DOUBLE ON ABCC’S WATCH

NEW NATIONAL CODE IS A WIN

RALLY ROUND THE DRUM CFMEU members march in support of Ark Tribe

THE CFMEU HAS RECOVERED more than $13,000 in missing payments for a demolition worker dying of cancer.

Brian Kingi, who has just months to live, was owed redundancy money and almost a year of superannuation payments by his Western Sydney-based employer.

Brian’s partner Jessie Tetau said it was only through coming to the union that Kingi found out about his entitlements.

“Brian just thought his employer was a good bloke,” Jessie says. “Everyone has to know about [their entitlements].”

The payments have allowed Kingi to fulfil his wish to return to Aotearoa (New Zealand) before he dies.

The CFMEU is also chasing up Kingi’s long service leave and ACIRT payments.

It has also subsequently negotiated an agreement with the company to ensure all workers are being paid their entitlements.

CFMEU Organiser Rebel Hanlon says it is a common misconception among workers that if they are getting enough money to get by each week they are not getting ripped off.

PAYOUT GIVESBRIAN CHANCE TO VISIT HOME

WISH FULFILLED Brian Kingi with CFMEU officers

FOUR UNION MEMBERS WORKING on a Rhodes site have shown the power of standing up for your rights with a victory over Theiss Services.

Peter Carr, Andrew Jones and CFMEU del-egates Peter Rikonen and Nigel Gould were made redundant on June 9 at the end of their shifts after management told them there was not enough work on the site.

However the four men were also coincidental-ly partway through negotiating a new enterprise agreement with Thiess Services.

Theiss was pursuing a non-union agreement that would have required the workers to take annual leave in the event of equipment failure and removed rostered days off.

The pay-off for these sacrifices was a lousy one per cent pay rise.

After picketing the site for 57 days and raising community and media interest in their plight, the men recently reached a confidential settlement with Thiess.

Gould says the four could not have contin-ued their fight without the support and encour-agement given at rallies, BBQs at the site, and through emails and phone calls. During their campaign, the four workers also received strong support from veteran CFMEU picketer Barry Hemsworth.

“All we (the four sacked workers) wanted was to be treated with dignity, respect and to bargain

in good faith. As such justice prevailed and again with thanks to everyone who supported this cause,” says Gould.

Three of the four men are now re-employed,

says Gould. He is working with Bluestone Construction while one of his former workmates is now working as a crane driver and the other as a plant maintenance shutdown worker.

JUSTICE PREVAILS

WAGE CLAIMS

UNITY 16

GRINNERS CFMEU Organiser Mark Cunningham, right, with Nigel Gould, left, and workmates at the site

CFMEU MEMBERS NOW HAVE DIRECT ACCESS to advice on immigration and work-ing visa matters. Fiona Clarke, a Department of Immigration and Citizenship (DIAC) Officer, has been working as an Outreach Officer with the CFMEU for around three months. Her role includes providing advice on visa conditions and the rights of overseas workers and employ-ers’ responsibilities, especially in the light of the recent changes to the 457 visa rules.

She can also help members identify visa options and provide general guidance on deal-ing with DIAC.

For the past couple of months she has been holding an ongoing series of meetings with NSW Branch organisers and delegates to get to know their issues and work through the changes to the 457 visa rules. She has been-helping to make what can seem a bewildering work visa system more worker friendly.

NSW State Secretary Andrew Ferguson says this is a welcome development.

“We have for many years been critical of the Department of Immigration for not being effective in penalising employers found using and exploiting illegal immigrants. These prac-tices are a threat to job security for Australian workers. We are hopeful the immigration department will now do more to clean up sites and stop the use of illegal workers.”

Fiona has also extended the role giving a briefing on visa issues to a community based migrant advocacy group ‘Migrante’ who have worked with the National Office in the past to raise examples of migrant worker exploitation.

The Outreach program is still in its infancy, but it seems a useful resource for organisers, delegates and members.

Members can contact Fiona on 0466 150 018 or fiona.clarke@immi.gov.au

IT BEGAN WITH A HANDFUL OF CHINESE workers coming to the CFMEU in groups claim-ing they had not been paid for weeks.

Then the floodgates opened and unpaid work-ers began turning up at the CFMEU offices daily. In the past three months the union has recovered more than $1.45 million for workers hired under sham contracting arrangements.

Now these dodgy contracts that are under-mining conditions in the building industry have become a high-profile public issue thanks to the CFMEU and the federal government is being asked to intervene.

CFMEU NSW Industrial Co-ordinator Brian Fitzpatrick says companies with Enterprise Agreements are getting around the system by using workers supplied by body hire companies.

Some of these companies insist their workers get ABN numbers and are then not paying them the correct rate of pay or their full entitlements. Many of the workers supplied by these companies end up not being paid at all.

Adding to the problem, there is a growing number of illegal workers being hired on building sites.

Fitzpatrick says because many of the victims of these scams do not speak English as a first lan-guage, they are unaware of their entitlements.

Chinese-speaking CFMEU Organiser Yu Lei Zhou says many of the workers are reluctant to ask questions for fear they will lose the work.

“They expect no sick leave and think it’s unbe-lievable that if you are sick the boss should still pay you,” he says.

CFMEU Assistant State Secretary Brian Parker says at one building site 150 Chinese workers had been inducted over four months, but the employer had workers’ compensation cover for just one person.

“Developers are turning a blind eye because every one of these operators is much cheaper than bonafide companies,” says Parker.

“But this means genuine companies are miss-ing out.”

CFMEU Senior Industrial Officer Keryn McWhinney says just because workers have an ABN it does not make them a sole trader.

And she says companies using this approach have a 32 per cent advantage over legitimate operators because they do not pay payroll tax or superannuation.

Fitzpatrick says another impact of having these workers on site is a frightening reduction in safety standards.

National secretary John Sutton has met with federal government ministers about the issue and Fitzpatrick says the union will continue to push for legislative change.

In a submission to the government the national CFMEU has called for all ABNs issued to apprentices and unskilled labourers to be can-celled. Fitzpatrick says the issue extends beyond the Chinese community, with the CFMEU recov-ering $110,000 in missing payments for 17 Irish backpackers forced to work on an ABN.

They contacted the union after not being paid for six weeks on Watpac’s University of NSW site.

“Some of them had recovered money through the union on other jobs, so they came to us,” says Organiser Martyn Wyer.

“After they signed up to the union, we man-aged to put the pressure on Watpac to ensure these boys were paid.”

Fitzpatrick says the issue is not quarantined to backpackers and Chinese immigrants.

Some islanders are also being hired for as little as $18 an hour in the formwork sector, while in the painting sector many new immigrants from Iran and Iraq are also being ripped off.

CFMEU members who want to know more about their rights as a worker with an ABN should call the union on 9749 0400.

FLOODOF SCAMVICTIMS

NO MOREPlasterer Ray He, who has $13,050

owing to him, with Yu Lei Zhou, Brian Parker and Brian Fitzpatrick

VISA ASSISTANCE FOR MEMBERSON SEPTEMBER 14 THIS YEAR, changes were made to the salary require-ments for 457 visa holders to ensure they receive the same conditions and market salary rate as Australian workers doing the same job at the same site.

However if you were an existing 457 visa holder on September 14, your employer has until 1 January 2010 to start paying market rates.

The market salary rate may be set by an award, collective agreement or common law contract. Under the changes a temporary skilled migration income threshold (TSMIT) of $45,220 has been introduced.

This means new visas will not be granted for workers who would be employed in jobs where the market rate is below the TSMIT.

WAGE CLAIMS

457 VISA CHANGES

Call Cbus on 1300 361 784 or visit www.cbussuper.com.au

Cbus is the industry super fund for everyone in the construction, building and allied industries.

Cbus:

has a history of strong, long-term returns* has low fees pays no commissions, and is run only to benefit members.

Importantly, Cbus boosts the industry and creates jobs by investing in property developments across Australia.

Read the relevant Cbus Product Disclosure Statement to decide whether Cbus is right for you. *Past performance is not a reliable indicator of future performance.

Cbus’ Trustee is United Super Pty Ltd ABN 46 006 261 623 AFSL 233792 Cbus ABN 75 493 363 262.

Build your super on a strong foundation

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UN

ITY

47

SUPERANNUATION

BERNIE PLANSFOR THE FUTUREBERNIE BEASHEL DIDN’T PLAN on retiring, but getting sacked by John Holland at age 59 left him with little choice. Luckily for Beashel he had already begun making plans for the future with his Cbus superannuation payout in mind.

Four years ago Beashel, a union member since 1969, and his wife bought a kayaking and accommodation business on Bruny Island, off the Tasmanian south-east coast.

A member of the CFMEU State Council for the past eight years, Beashel says the combina-tion of a redundancy package for his nurse wife, an inheritance and money from Cbus has left him “pretty well off”.

“The building industry has been fantastic to me, although in the last few years Howard changed things around a bit,” he says.

Beashel, who rode the hook on sites across Sydney, says although Bruny Island is a paradise,

he misses the excitement of the construction industry. He was a founding member of ACIRT and the long service leave scheme: “You name it I went through the battle”.

His advice to those nearing the end of their working lives is to “put as much money into Cbus as you can”.

“At the end of the day [retirement] all comes down to having enough money,” he says.

His three sons all completed trades, but have since followed his lead and are working on cranes. He urges young blokes on the tools to join the industry superannuation fund because Cbus is there for building workers and not profiteers.

And his final word of advice – join the CFMEU, because he is planning on giving mem-bers a discount.

For more information about Bernie’s busi-ness visit www.alonnahpbk.com.au

STATEMENTS IN MAILThe Long Service Payments Corporation will be mailing out statements until November 23 for the 2008-09 financial year to about 220,000 employees.

Statements to another 35,000 self-employed workers will be mailed in February 2010.

It is important workers check their state-ments carefully so they don’t miss out on their entitlements. If any of their work for 2008-09 is not listed, workers should notify the Corporation.

More than 91 per cent of employed workers are now having their service lodged online. This has led to a significant drop in the number of errors made by employers. As a result fewer workers are having to chase up missing service.

If you want to move to online lodgement or need to update your contact details phone the corporation’s Helpline on 13 14 41 or visit the website at www.lspc.nsw.gov.au

CHANCE TO FIND LOST MONEYIf you have moved house or moved jobs there is a good chance you are one of one in two Australians with “lost” super.

Most of the lost accounts are relatively small, less than a few hundred dollars, but at least 250,000 hold more than $10,000 each.

AUSfund, of which CFMEU superannuation fund Cbus is a member, has a mandate from its industry fund owners to be very active in reunit-ing members with their unclaimed super.

To June 30 this year, the fund paid $93 mil-lion to more than 200,000 account holders.

Most members can choose who manages their super and most, when they start a new job, join their employer’s default fund. CFMEU members should ensure their superannuation payments are going into their Cbus account.

To search for unclaimed super check the Tax Office’s SuperSeeker search tool at ato.gov.au/superseeker or call 132 865.

HIGH-FLYERBernie Beashel riding the hook

early in his career on Sydney’s

construction sites

CBUS MEMBERS FACED A TOUGH year in 2008-09. The economic down-turn, which highlighted the worst of the excesses of capitalism, meant job losses and negative super returns.

Members will be relieved to know things now seem to be improving.

The Core Strategy (where most CFMEU members are invested) has made a strong start to the 2009-10 financial year, returning 5.6 per cent between 1 July and 31 August.

This recovery started earlier in the year, with positive returns recorded for five of the six months between March and August this year.

Cbus Member Coordinator Bob McWhinney says it is important to remember that superannuation is a long-term investment.

“The performance of your super over a couple of months or even a couple of years should not concern most members. It’s the long term that counts.”

Cbus is consistently rated among the top-performing super funds in Australia – in good times and bad.

And the good news is that since Cbus was started 25 years ago, it has delivered more than 9 per cent (on average) each year to members.

Not only is Cbus looking toward CFMEU members’ future, it is also concerned to keep members work-ing today. Its investment arm, Cbus Property continues to make significant investments in the industry – in Sydney at present its investments include the 1 Bligh Street development in the CBD.

These investments have kept members in jobs and delivered some of Cbus’ strongest returns. Over time, Cbus has created more than 40,000 construction jobs.

Whether you’re just starting out or getting close to retirement, don’t forget that Cbus is able to help.

More than ever, members are look-ing for good advice from someone they can trust. With Cbus, you can get advice over the phone or talk to your member coordinator.

“We’re on site regularly and can help you out with any super question – big or small,” says McWhinney. “Cbus is run only to benefit members so you should make the most of the services we offer.”

For information contact the union office or Cbus on 1300 361 784.

SUPER STARTSRECOVERING

SUPER STARTSSUPER BRIEFS

UNITY 19

THE ESSAY

UNITY 20

KILLER COMPANYMATT PEACOCK

In this “must-read” expose, ABC journalist Matt Peacock, pictured right, delves into one of the greatest corporate scan-dals in Australia s history.

His painstaking research, involving newly discovered documents and interviews with more than 100 former Hardie employees and other

key figures, reveals in stark detail how the company used the institutions designed to protect ordinary citizens, and how a dedicated group of unionists, lawyers and activ-ists finally exposed Hardies killer tactics to the world.

Peacock has been covering the James Hardie asbestos story since the late 1970s.

Books can be purchased from the CFMEU Lidcombe office for $30.

FRAMEWORK OF FLESHHUMPHREY MCQUEEN

In this history of building industry unionism, McQueen uses building workers’ own words to retell their battles around scaffolding and toilets, the safe removal of asbestos, compensation for injury and a decent burial.

His history reaches back to convict times, covers the con-

SHELF LIFE BOOKS

WHY I’MLEFT

I WAS BORN IN ALEXANDRIA IN INNER SYDNEY, long before the yuppies moved in.When I lived there as a kid, it was a poor area and my parents, who were rusted-on Labor

Party, struggled quite a bit of the time to make ends meet.My Dad went blind when I was young and so I worked hard from an early age to assist the

family.The Whitlam era reforms that opened up access to higher education for working-class kids

was my big opportunity in life and it allowed me to go to university and get a good education. I was the only kid in my neighborhood to go to uni and many of my childhood friends ended up in menial employment or in jail.

University facilitated some theoretical underpinning for my embryonic political views. I learnt about Marx and his class analysis and to this day, imperfect and unfashionable as it is, I still believe a Marxist analysis of the world provides the best understanding of the way the world works and where power resides in society.

In 1980 I started with the Building Workers Industrial Union (BWIU), one of the unions that went on to be a part of the CFMEU. I had a rich apprenticeship learning from great com-

CFMEU NATIONAL SECRETARY JOHN SUTTON EXPLAINS WHY MARXISM STILL MATTERS.

UNITY 21

struction of icons such as the Sydney Harbour Bridge and through to the modern era of struggle against the Australian Building and Construction Commission and its ‘framework of fear’.

An incredibly well-researched book that brings to life the voices of work-ers like Charlie Sullivan, who wrote that history was made by “the great and humble army whose sweat and blood are mingled in the concrete and bricks as surely as if the walls were

built over a framework of human flesh”.

Books can be purchased via the internet by visiting www.framework-of-flesh.com.au

SLIPPED THROUGH THE NET:The story of Melrose Desmond Donley

ELLY INTA

After meeting Des Donley at the funeral of Justice Bob

Bellear, Australia’s only indigenous judge, Elly Inta agrees to write his life story. In this book she intertwines the process of interviewing and writing the novel with the life of Donley, a member of the stolen generation and union activist.

It is a story that spans the great victories of the union movement and the great tragedies of the found-ing of modern Australia.

Donley’s story can be purchased at www.nuhousepress.com

CAPITALISM: A LOVE STORYMICHAEL MOORE

YOU always suspected George W. Bush was too much of a buffoon to be in charge of a superpower, and that the real decisions were made behind the scenes by the big bankers and corporate fat cats.

There is a chilling moment in Capitalism: A Love Story, the latest documentary by radical US filmmaker Michael Moore, that shows this in action. A bumbling George Dubya is addressing a news conference on the global financial crisis, when a figure behind him snarls in his ear: “You gotta hurry it up.”

A visibly scared Bush mumbles an apology – and does as he’s told.

The man steps back and glares around the room, satisfied he’s just shown who really calls the shots in America. He is the boss of the biggest bank that put Bush in the White House, and the body language between the two men says it all – master and servant.

It’s propaganda of course, as Moore films always are, but the real people his work shows – the laid-off workers, the families evicted from their homes, the devastated towns and cities across the nation – are the brutal truth about the politics of greed and fear and how capi-talism has failed the working class.

CFMEU members will see much that rings true to their experience, particu-larly in the forced foreclosures, similar to those taking place in Australian homes in the suburbs. However the scale of the issue in the US – the film tells us there’s a bank foreclosure once every 7.5 sec-onds – is sobering. But the film also has love and laughter and some unexpected twists. It sure ain’t Hollywood, but it’s great. Don’t miss it.Seumas Phelan

SUE SMITH, the writer who bought the waterfront dispute to life in Bastard Boys, has penned a fabulous new play about workers in the Pilbara, Strange Attractor. When a cyclone hits a Pilbara railway construction site, a tragedy brings the sacrifices of working in a remote community to light.

Showing at the Riverside Theatre, Parramatta, November 24-28.

ON SCREEN FILM

munist leaders like Pat Clancy, the McDonald brothers and Stan Sharkey.

Working in a union allows you to see the excesses of capitalism. While many employers want to do the right thing, the cut-throat nature of business in industries like construction force many to put on moral blinkers. Some do not hesitate to cheat and steal from working people. Keeping corporate power in check is a big part of my working life and seeing its ugly side has kept me a confirmed leftie.

I have been a union official now for nearly 30 years and my work with and for building workers and other CFMEU members informs my politics to this day.

I have also been a member of the Australian Labor Party for 32 years, but in truth, I have never invested much faith in the ability of the ALP to achieve the kind of sweeping changes that I believe are needed.

Mass movements are the key to change – just as class struggle is the motive force in history.

I have a profound distaste for the ALP faction-al warlords who misuse their power and weaken the rank and file base of the party.

The neoliberal era that started globally with Thatcher and Reagan has done tremendous dam-age to civil society and our traditional sense of community. This country has had a strong egali-tarian past, a tradition worth preserving.

Unfortunately society today has become atomised and ideas of collective action and look-

ing out for one another are now discouraged and unfashionable in many quarters – to our detri-ment.

The last federal election campaign was the first one in my lifetime where industrial relations was the central issue of contention. The people spoke at that election and rejected WorkChoices and all it stood for. Now the challenge for people like me is to keep the Federal Labor Government honest and keep it to its election commitments to implement policies to create a fairer society.

More recently the global financial crisis showed very clearly that unfettered capitalism does not work. We need a fundamental realign-ment of power in our society, away from the big

corporations and towards working people and the community. To date there have been few signs that our current political leaders, here or inter-nationally, will have the political courage to bring about this realignment.

Obama is a very interesting phenomenon, but it’s hard to see him achieving structural change given the power of corporate America.

While Kevin Rudd has articulated valuable criticisms of neo-liberalism there has been mini-mal policy follow-through of the kind that would upset the big end of town.

It has upset me to see union power weak-ened in this country over the past few decades. But I remain confident that trade unionism is an enduring concept and that many struggles for industrial and social justice lie ahead.

WORKING IN A UNION ALLOWS YOU TO SEE THE EXCESSES OF CAPITALISM. SOME DO NOT HESITATE TO CHEAT AND STEAL FROM WORKING PEOPLE.

UNITY 22

POLO SHIRTINDIGENOUS

POLO. SMALL TO 4X

$40

SAFETY WEAR HIGH-VIS VEST. ORANGE/YELLOW. SMALL TO 3X

$35

UNION TOP PEBBLE POLO. LIGHT BLUE, BLACK MAROON

$45

PARTY WEAR CHAMBRAY SHIRT.BLUE OR GREEN WITH STITCHING

$45

DAYSHIRT LIGHT BLUE, NAVY WITH MAP LOGO

$25

NUNIOWEARCALL 02 9749 0400

DIRECT DEBIT REQUEST FORM

UNITY 23

AWARDS

UNITY 24

SYDNEY CFMEU CONSTRUCTION EBA RATES OF PAY

THE CFMEU negotiates extra wages for union members. The majority of members are paid well above the rates of pay applicable under the awards.

Hundreds of companies pay in accordance with the wage rates outlined in this CFMEU EBA rates of pay sheet.

These rates and pay scales are included in most union negotiated agreements.

In addition to these rates the union negoti-ates extra company productivity allowances are payable in many EBAs. Also, in union-negotiated EBA’s there is extra superannuation and often redundancy benefits and a fares and

travel allowance above the award rate. If your boss is paying less than these rates

you should contact the union and assist in cam-paigning for a union-negotiated EBA with your company.

All members are encouraged not to sign or work under individual contracts (AWAs).

Rates payable from the first pay period on or after 1 March 2009

RATES APPLICABLE FROM 1 MARCH 2009

CLASSIFICATION PER HOUR PER DAY7.2 HOURS

0.8 RDO ACCRUAL

PER 36 HOURS

TIME & A HALF

DOUBLE TIME

CW1 21.90 157.68 17.52 788.40 32.85 43.80

CW2 22.89 164.81 18.31 824.04 34.34 45.78CW3 (Non Trade) 23.85 171.72 19.08 858.60 35.78 47.70CW3 (Trade) 24.67 177.62 19.74 888.12 37.01 49.34CW4 25.89 186.41 20.71 932.04 38.84 51.78CW5 27.10 195.12 21.68 975.60 40.65 54.20CW6 28.33 203.98 22.66 1019.88 42.50 56.66CW7 29.59 213.05 23.67 1065.24 44.39 59.18CW8 30.83 221.98 24.66 1109.88 46.25 61.66

RATES APPLICABLE FROM 1 OCTOBER 2009

CLASSIFICATION PER HOUR PER DAY7.2 HOURS

0.8 RDO ACCRUAL

PER 36 HOURS

TIME & A HALF

DOUBLE TIME

CW1 22.43 161.50 17.94 807.48 33.65 44.86CW2 23.45 168.84 18.76 844.20 35.18 46.90CW3 (Non Trade) 24.43 175.90 19.54 879.48 36.65 48.86CW3 (Trade) 25.27 181.94 20.22 909.72 37.91 50.54CW4 26.52 190.94 21.22 954.72 39.78 53.04CW5 27.76 199.87 22.21 999.36 41.64 55.52CW6 29.02 208.94 23.22 1044.72 43.53 58.04CW7 30.31 218.23 24.25 1091.16 45.47 60.62CW8 31.58 227.38 25.26 1136.88 47.37 63.16

AWARDS

A&G Formworkers(Australia) Pty Ltd

24 Grove StreetDulwich Hill NSW 2203

Tel. 02 9560 6199Fax. 02 9560 8909

Mobile. 0419 494 144

martin@formworkers.com.auhttp://www.formworkers.com.au

UNITY47

UNITY 25

STATE BUILDING & CONSTRUCTION INDUSTRY AWARDRates payable from the first pay period on or after 16 October 2008. These rates were being updated as Unity went to press. New rates next edition.

CLASSIFICATION PER HOUR

TIME AND A HALF

DOUBLE TIME

PER 38 HOURS

ACCRUAL OF 0.4 HOURS

PRO RATA ANNUAL LEAVE PLUS LOADING

Carpenter, stonemason, bridge & wharf carpenter

19.62 29.43 39.24 745.56 7.85 74.21

Bricklayer, tilelayer hard floor coverer 19.41 29.12 38.82 737.58 7.76 73.42

Plasterer, floorlayer 19.49 29.24 38.98 740.62 7.80 73.72

Roof tiler, slate ridge/roof fixer 19.28 28.92 38.56 732.64 7.71 72.71

Stonemason machinist 18.32 27.48 36.64 696.16 7.33 69.37

Carver (stoneworker) 20.20 30.30 40.40 767.60 8.08 76.36

Marker/setter out, lettercutter 19.62 29.43 39.24 745.56 7.85 74.21

Special class trade 20.20 30.30 40.40 767.60 8.08 76.13

Quarryperson 18.32 27.48 36.64 696.16 7.33 69.37

Signwriter 19.08 28.62 38.16 725.04 7.63 71.96

Painter 18.49 27.74 36.98 702.62 7.40 70.00

Refractory bricklayer 21.47 32.21 42.94 815.86 8.59 80.86

Refractory bricklayer’s assistant 18.72 28.08 37.44 711.36 7.49 70.86

GROUP 1

Rigger, dogman 18.32 27.48 36.64 696.16 7.33 69.37

GROUP 2

Scaffolder, powder monkey, hoist winch driver, foundation shaftsperson, steel fixer including tackwelder, concrete finisher

17.80 26.70 35.60 676.40 6.97 67.44

GROUP 3 17.42 26.13 34.84 661.96 6.97 66.03

Trades labourers, demolition work, gear hand, pile driver, tackle hand, jackhammer, mixer driver, concrete steel erector, gantry hand, crane hand, crane chaser, cement gun operator, concrete cutting or drilling machine operator, concrete gang including concrete floater, roof layer (malthoid or similar material), dump cart operator, underpinner, concrete formwork stripper.

FARES ALLOWANCE PER DAY: $16.50 Where an employer requests a worker to transfer from one site to another site during working hours with his/her own vehicle, an extra $0.89 per kilometre must paid.

Where a worker using his/her car to a job outside the required work boundaries in the award an extra $0.47 per kilometre must be paid.

The fares allowance must be paid on all days worked plus rostered days off.

LEADING HANDS ALLOWANCES PER HRIn charge of 1 person $0.41 In charge of 2–5 persons $0.90 In charge of 6–10 persons $1.15 In charge of 11 persons or more $1.53

The applicable leading hand rate should be added to the hourly rates and applies for all purposes of the award.

MEAL ALLOWANCE: $11.90

AWARDS

UNITY 26

NATIONAL BUILDING & CONSTRUCTION INDUSTRY AWARD Rates payable from the first pay period on or after 1 October 2008.

FARES ALLOWANCE PER DAY: $16.50 Where an employer requests a worker to transfer from one site to another site during working hours with his/her own vehicle, an extra $0.89 per kilometre must paid.

Where a worker using his/her car to a job outside the required work boundaries in the award an extra $0.47 per kilometre must be paid.

The fares allowance must be paid on all days worked plus rostered days off.

LEADING HANDS ALLOWANCES PER HRIn charge of 1 person $0.46 In charge of 2–5 persons $1.02 In charge of 6–10 persons $1.30 In charge of 11 persons or more $1.73

The applicable leading hand rate should be added to the hourly rates and applies for all purposes of the award.

MEAL ALLOWANCE: $11.90

CLASSIFICATION PER HOUR

TIME AND A HALF

DOUBLE TIME

PER 38 HOURS

ACCRUAL OF 0.4 HOURS

PRO RATA ANNUAL LEAVE PLUS LOADING

Carpenter, stonemason, bridge & wharf carpenter

18.87 28.31 37.74 692.74 7.55 69.03

Bricklayer, tilelayer hard floor coverer 18.66 27.99 37.32 685.14 7.46 68.29

Plasterer, floorlayer 18.74 28.11 37.48 688.18 7.50 68.59

Roof tiler, state ridge/roof fixer 18.53 27.80 37.06 680.58 7.41 67.61

Stonemason machinist 18.87 28.31 37.74 667.28 7.55 66.54

Carver (stoneworker) 20.00 30.00 40.00 735.68 8.00 73.24

Marker/setter out, lettercutter 19.43 29.15 38.86 714.02 7.77 69.91

Special class trade 20.00 30.00 40.00 735.68 8.00 72.04

Quarryperson 18.17 27.26 36.34 667.28 7.27 65.34

Signwriter 18.90 28.35 37.80 694.64 7.56 68.02

Painter 18.33 27.50 36.66 673.36 7.33 65.93

Refractory bricklayer 21.41 32.12 42.86 789.26 8.56 77.28

Refractory bricklayer’s assistant 18.72 28.08 37.44 686.28 7.49 67.20

GROUP 1

Rigger, dogger 18.17 27.26 36.34 667.28 7.27 66.54

GROUP 2

Scaffolder, powder monkey, hoist winch driver, foundation shaftsperson, steel fixer including tackwelder, concrete fin-isher

17.66 26.49 35.32 647.90 7.06 64.64

GROUP 3 17.29 25.94 34.58 633.84 6.92 63.27

Trades labourers, demolition work, gear hand, pile driver, tackle hand, jackhammer, mixer driver, concrete steel erector, gantry hand, crane hand, crane chaser, cement gun operator, concrete cutting or drilling machine operator, concrete gang including concrete floater, roof layer (malthoid or similar material), dump cart operator, underpinner, concrete formwork stripper.

AWARDS

UNITY 27

NATIONAL JOINERY & BUILDING TRADES PRODUCTS AWARDS

MOBILE CRANE HIRING AWARD

Payable from 1 Oct 2008. These rates were being updated as Unity went to press. New rates next edition.

LEADING HAND ALLOWANCES PER WEEK In charge of 1 person $15.30 In charge of 2–5 people $33.60In charge of 6–10 people $43.00 In charge of 11 or more people $57.20

Rates payable from the first pay period on or after 1 Oct 2008

CLASSIFICATION LEVEL PER HOUR TIME AN A HALF

DOUBLE TIME

ACCRUAL OF 0.4 HOURS

PRO RATA ANNUAL LEAVE PLUS LEAVE LOADING

Carpenter/joiner 6 18.64 27.96 37.28 7.46 67.07Joiner special class 5 18.06 27.13 36.18 7.24 67.07Joiner 4 16.72 25.08 33.44 6.99 65.03Assembler A 3 16.17 24.26 32.34 6.45 60.02

3 15.97 23.95 31.94 6.23 57.99Assembler B 2 15.37 23.05 30.74 5.92 55.05

CLASSIFICATION PER HOUR

TIME AND A HALF

DOUBLE TIME

PER 38 HOURS

ACCRUAL OF 0.4 HOURS

PRO-RATA ANNUAL LEAVE PLUS LOADING

Operator of mobile crane with a max. lifting capacity of:

Up to 20 tonnes 18.44 27.66 36.88 679.10 7.38 56.59

21-40 tonnes 18.79 28.19 37.58 692.30 7.52 57.69

41-80 tonnes 19.13 28.70 38.26 705.20 7.65 58.77

81-100 tonnes 19.34 29.01 38.68 713.10 7.74 59.43

Thereafter for each additional 20 tonnes lifting capacity an additional $10.64 per week is applicable

Dogger 18.44 27.66 36.88 679.10 7.38 56.59

Dogger/rigger 19.13 28.70 38.26 705.20 7.65 58.77

Where more than one crane is engaged on any one lift the following additional payments are payable: 2 cranes=$2.70 per day; 3 cranes = $5.35 per day; 4 cranes =$8.00 per day; over 4 cranes = $10.70 per day

Operator – special purposes crane: GCI including mobile tower crane GCI 500 series

18.58 27.87 37.16 684.60 7.43 63.81

Mobile hydraulic platform trainee: Undergoing training con-sistent with agreed national standards

17.16 25.74 34.32 630.40 6.86 58.94

Boom length rating: up to 11 metres (including trainee) 17.22 25.83 34.44 632.80 6.89 59.14

11-17 metres 17.74 26.61 35.48 652.50 7.10 60.93

17-23 metres 18.03 27.05 36.06 663.70 7.21 61.92

23-28 metres & platform equipped with underbridge unit 18.44 27.66 36.88 679.10 7.38 63.33

Where the boom length rating is in excess of 28 metres an additional $1.03 per metre per week shall be paid.

Pile driving allowance $13.10 per day Demolition allowance $1.80 per hour

Wet work allowance $0.54 per hour Dirt work allowance $0.54 per hour

Car allowance $0.89 per kilometre Overnight allowance $12.30 per night

Meal allowance $11.90 Fares and travel $23.40 per day

EXTRA ALLOWANCES

AWARDS

UNITY 28

APPRENTICE ALERTIf you work under a union negotiated enterprise bargaining agreement you are entitled to extra wages, allowances and benefits. For more details ring the CFMEU on 9749 0400.

STATE GLASSWORKERS AWARD

STATE APPRENTICES

TOOL ALLOWANCE is incorporated into the above rates; however travelling allowances are paid in addition to the rates above.

MEAL ALLOWANCE - $11.90 payable when required to work overtime for one and a half hours or more. An extra 20 minutes pay (crib) Monday to Friday is payable after two hours overtime, and on Saturday and Sunday after four hours work.

INFORMATION about junior apprentices who are over 18 and adult apprentices (ie apprentices who are 21 years or older or turn 21 during their apprenticeship) can be obtained by ringing the CFMEU Apprenticeship Officer. A copy of all wage sheets and entitlements can be obtained at www.cfmeu-construction-nsw.com

CLASSIFICATION LEVEL PER HOUR

TIME & A HALF

DOUBLE TIME

PER DAY 7.6HRS

ACCRUAL OF 0.4 HOURS

PER 38 HOURS

Experienced glass worker and complex computer operator

7 20.87 31.31 41.74 158.61 8.35 793.06

Experienced cutter/glazier 6 20.25 30.38 40.50 153.90 8.10 769.50

Glass cutter and glazier, furnace operator, quality control, senior windscreen fitter

5 19.58 29.37 39.16 148.81 7.83 744.04

Forklift driver (licence), Truck driver (HIAB), Windscreen fitter, experienced glass workers

4 18.97 28.46 37.94 144.17 7.59 720.86

Stores/warehousing, Furnace loader/unloader, Truck driving, Crane overhead

3 18.03 27.05 36.06 137.03 7.21 685.14

Glass handler – repetition work 2 17.74 26.61 35.48 134.82 7.10 674.12

Induction training 1 17.09 25.64 34.18 129.88 6.84 649.42

This does not include the Construction Work Allowance $24.40 per week or the Tool Allowance of $6.20 per week as of 16.10.08Annual leave is accrued at 2.923 hours per week. These rates include the special loading of $91.30 payable for all purposes

CARPENTER/JOINER/STONEMASON BRICKLAYER/TILELAYER PLASTERER PAINTER ROOF TILER

Hourly Rate

Weekly Gross

Hourly Rate

Weekly Gross

Hourly Rate

Weekly Gross

Hourly Rate

Weekly Gross

Hourly Rate

Weekly Gross

1st Year 9.59 364.40 9.39 356.90 9.47 359.90 9.07 344.80 9.27 352.10

2nd Year 12.71 483.10 12.52 475.60 12.59 478.60 12.20 463.50 12.39 470.80

3rd Year 15.62 596.70 15.51 589.50 15.59 592.40 15.21 577.90 15.39 584.90

4th Year 17.29 657.10 17.10 649.90 17.18 652.80 16.80 638.30 16.98 645.30

1st Year $15.30

2nd Year $15.80

3rd Year $15.90

4th Year $16.10

FARES ALLOWANCE FOR ABOVE

JUNIOR TRAINEE APPRENTICES – BUILDING & CONSTRUCTIONS

CARPENTER/JOINER/STONEMASON BRICKLAYER/TILELAYER PLASTERER PAINTER ROOF TILER

Hourly Rate

Weekly Gross

Hourly Rate

Weekly Gross

Hourly Rate

Weekly Gross

Hourly Rate

Weekly Gross

Hourly Rate

Weekly Gross

1st Year 8.71 330.90 8.51 323.40 8.59 326.40 8.19 311.30 8.38 318.60

2nd Year 11.63 442.00 11.43 434.50 11.51 437.50 11.12 422.40 11.31 429.70

3rd Year 14.53 552.10 14.33 544.60 14.41 547.60 14.01 532.50 14.21 539.80

4th Year 16.55 629.00 16.36 621.50 16.43 624.50 16.04 609.40 16.23 616.70

JUNIOR INDENTURED APPRENTICES – BUILDING & CONSTRUCTIONS

CIVIL ENGINEERING (BRIDGE & WHARF) CARPENTER

Hourly Rate Weekly Gross Fares Allowance Per Day

1st Year 9.76 370.70 15.40

2nd Year 12.73 483.90 15.40

3rd Year 15.20 577.60 15.40

4th Year 17.48 664.10 15.40

These wage rates apply from the beginning of the first pay period to commence on or after 1 February 2008 and apply to apprentices who are under 18 or work for an unincorporated employer. These rates were being updated as Unity went to press. New rates next edition.

These allowances apply to all apprentices except for Civil Engineering (Bridge and Wharf) Carpenter apprentices who will receive $15.40 per day.

Cbus investira u vašu budućnostOvo je bila teška godina u građevinskoj industriji sa financijskim ‘rastapanjem’ koje je prouzrokovalo krah u građevinskom sektoru i negativne rezultate u mirovinskoj štednji (superannuation).Mnogi članovi su zabrinuti za novce prikupljane za umirovljenje, ali je važno imati u vidu da je mirovinska štednja dugoročna investicija. Postignuća vašeg mirovinsko-štednog fonda u dvije godine ne bi trebala zabrinjavati većinu članova. Od kad je osnovan Cbus prije 25 godina, zaradio je za članove u prosjeku oko 9% svake godine i to je jedan od najuspješnijih fondova u Australiji. Ali Cbus ne štiti samo vašu budućnost. Preko imovinskog sektora Cbus Property, njegove investicije su omogućile da članovi zadrže svoja radna mjesta. Cbus je investirao u građevinarstvo diljem Australije, uključujući i razvoj 1 Bligh Street u Sydney-u i stvorio više od 40.000 radnih mjesta.Ekonomija se sada popravlja i rezultat toga će biti dobivanje pozitivnog iznosa kamate sljedeće godine. Sržna strategija Cbus Core Strategy, u koju je investirala većina članova CFMEU-a, je dobro krenula u 2009-10. financijskoj godini, postigavši pozitivan prihod od 5.6% između 1. srpnja i 31. kolovoza. Ovime se nastavljaju pozitivni prihodi zabilježeni u 5 - 6 mjeseci između ožujka i kolovoza. Ako vam vaš poslodavac ne uplaćuje doprinose u mirovinsko-štedni fond ili niste učlanjeni u mirovinsko-štedni plan Cbus u našoj industriji, trebali biste kontaktirati sindikat.

MULTILINGUAL

UNITY 29

Il Cbus investe nel tuo futuro

pensione oppure se non sei iscritto al fondo pensione per settore, ossia al Cbus, dovresti rivolgerti al sindacato.

Sammy Manna, organizzatore della CFMEU, parla italiano. Dunque, puoi parlargli in italiano per ottenere consigli ed assistenza. Telefona al numero 0438 194 563.

Cbus инвестира во вашата иднинаОваа година беше тешка за градежната индустрија со распаѓањето на градежниот сектор како последица на финансиската криза и негативните стапки на добивка на вложените пензиски влогови.

Многу членови се загрижени за нивните пензионерски заштеди, меѓутоа важно е да се запамти дека вложувањето во пензиските фондови е долгорочна инвестиција. Повеќето членови не треба да бидат загрижени каква добивка ќе им носат нивните пензиски влогови за период од неколку години.

Откако започна со работа пред 25 години, на своите членови пензискиот фонд Cbus им носеше повеќе од 9 проценти добивка просечно секоја година и тој е еден од фондовите со најдобра изведба во Австралија.

Меѓутоа, Cbus не ја заштитува само вашата иднина. Преку Cbus Property, неговите инвестиции помогнаа членовите да ги задржат работните места. Cbus инвестира во градежништвото низ цела Австралија, вклучувајќи го градежниот проект на 1 Bligh Street во Сиднеј и отвори повеќе од 40,000 работни места.

Сега економијата се подобрува и тоа треба да води кон позитивни добивки на камата следната година. Cbus Core Strategy, каде што инвестираат повеќето членови на CFMEU, започна доста солидно во 2009-10 финансиска година, покажувајќи позитивни добивки од 5.6 проценти меѓу 1ви јули и 31ви август.

Ова произлегува од позитивните добивки што беа заведени за пет од шестте месеци меѓу март и август.

Ако вашиот работодавец не плаќа придонеси во пензискиот фонд или ако не сте вчленети во пензискиот фонд на индустријата, Cbus, тогаш треба да го контактирате синдикатот.

Το Cbus επενδύει στο μέλλον σουΉταν ένας δύσκολος χρόνος στον οικοδομικό κλάδο επιδεί η οικονομική κρίσι προκάλεσε πτώση του οικοδομικού τομέα και αρνητικές αποδοχές για τα συνταξιοδοτικά ταμεία.

Πολλά μέλη ανησυχούν για τη συνταξιοδότηση τους, αλλά είναι σημαντικό να γνωρίζουμε ότι η συνταξιοδότηση είναι μια μακροπρόθεσμη επένδυση. Οι αποδοχές του συνταξιοδοτικού ταμείου δεν χρειάζεται να ανησυχούν την πλειοψηφία των μελών.

Από τότε που ξεκίνησε το Cbus, 25 χρόνια πριν, τα κέρδη του ήσαν κατά μέσω όρο 9 τοις εκατό κάθε χρόνο και είναι ένα από τα πιο προσοδοφόρα ταμεία στην Αυστραλία.

Αλλά το Cbus δεν προστατεύει μόνο το μέλλον σου. Μέσω του Cbus Property οι επενδύσεις του κράτησαν μέλη μας σε εργασίες. Το Cbus έχει επενδύσει σε οικοδομές σε όλη την Αυστραλία, περιλαμβανομένης της αξιοποίησης στο 1 Bligh Street στο Σίδνεϊ και δημιούργησε πάνω από 40,000 θέσεις εργασίας.

Η οικονομία καλυτερεύει επί του παρόντος και σαν αποτέλεσμα αυτό θα σημαίνει θετικές αποδοχές τον επόμενο χρόνο. Η Cbus Core Strategy, που επενδύει για τα περισσότερα μέλη του CFMEU, ξεκίνησε καλά το οικονομικό έτος 2009-10, με θετικές αποδοχές 5.6 τοις εκατό μεταξύ 1ης Ιουλίου και 31ης Αυγούστου.

Αυτό είναι επί πλέον των θετικών αποδοχών που σημειώθηκαν στους πέντε από τους έξι μήνες από το Μάρτιο μέχρι και το Αύγουστο.

Αν ο εργοδότης σου δεν πληρώνει τις συνταξιοδοτικές σου εισφορές ή δεν ανήκεις στο συνταξιοδοτικό ταμείο Cbus θα πρέπει να αποταθείς στο συνδικάτο.

MULTILINGUAL

UNITY 30

Il Cbus investe nel tuo futuro

pensione oppure se non sei iscritto al fondo pensione per settore, ossia al Cbus, dovresti rivolgerti al sindacato.

Sammy Manna, organizzatore della CFMEU, parla italiano. Dunque, puoi parlargli in italiano per ottenere consigli ed assistenza. Telefona al numero 0438 194 563.

Cbus инвестира во вашата иднинаОваа година беше тешка за градежната индустрија со распаѓањето на градежниот сектор како последица на финансиската криза и негативните стапки на добивка на вложените пензиски влогови.

Многу членови се загрижени за нивните пензионерски заштеди, меѓутоа важно е да се запамти дека вложувањето во пензиските фондови е долгорочна инвестиција. Повеќето членови не треба да бидат загрижени каква добивка ќе им носат нивните пензиски влогови за период од неколку години.

Откако започна со работа пред 25 години, на своите членови пензискиот фонд Cbus им носеше повеќе од 9 проценти добивка просечно секоја година и тој е еден од фондовите со најдобра изведба во Австралија.

Меѓутоа, Cbus не ја заштитува само вашата иднина. Преку Cbus Property, неговите инвестиции помогнаа членовите да ги задржат работните места. Cbus инвестира во градежништвото низ цела Австралија, вклучувајќи го градежниот проект на 1 Bligh Street во Сиднеј и отвори повеќе од 40,000 работни места.

Сега економијата се подобрува и тоа треба да води кон позитивни добивки на камата следната година. Cbus Core Strategy, каде што инвестираат повеќето членови на CFMEU, започна доста солидно во 2009-10 финансиска година, покажувајќи позитивни добивки од 5.6 проценти меѓу 1ви јули и 31ви август.

Ова произлегува од позитивните добивки што беа заведени за пет од шестте месеци меѓу март и август.

Ако вашиот работодавец не плаќа придонеси во пензискиот фонд или ако не сте вчленети во пензискиот фонд на индустријата, Cbus, тогаш треба да го контактирате синдикатот.

Το Cbus επενδύει στο μέλλον σουΉταν ένας δύσκολος χρόνος στον οικοδομικό κλάδο επιδεί η οικονομική κρίσι προκάλεσε πτώση του οικοδομικού τομέα και αρνητικές αποδοχές για τα συνταξιοδοτικά ταμεία.

Πολλά μέλη ανησυχούν για τη συνταξιοδότηση τους, αλλά είναι σημαντικό να γνωρίζουμε ότι η συνταξιοδότηση είναι μια μακροπρόθεσμη επένδυση. Οι αποδοχές του συνταξιοδοτικού ταμείου δεν χρειάζεται να ανησυχούν την πλειοψηφία των μελών.

Από τότε που ξεκίνησε το Cbus, 25 χρόνια πριν, τα κέρδη του ήσαν κατά μέσω όρο 9 τοις εκατό κάθε χρόνο και είναι ένα από τα πιο προσοδοφόρα ταμεία στην Αυστραλία.

Αλλά το Cbus δεν προστατεύει μόνο το μέλλον σου. Μέσω του Cbus Property οι επενδύσεις του κράτησαν μέλη μας σε εργασίες. Το Cbus έχει επενδύσει σε οικοδομές σε όλη την Αυστραλία, περιλαμβανομένης της αξιοποίησης στο 1 Bligh Street στο Σίδνεϊ και δημιούργησε πάνω από 40,000 θέσεις εργασίας.

Η οικονομία καλυτερεύει επί του παρόντος και σαν αποτέλεσμα αυτό θα σημαίνει θετικές αποδοχές τον επόμενο χρόνο. Η Cbus Core Strategy, που επενδύει για τα περισσότερα μέλη του CFMEU, ξεκίνησε καλά το οικονομικό έτος 2009-10, με θετικές αποδοχές 5.6 τοις εκατό μεταξύ 1ης Ιουλίου και 31ης Αυγούστου.

Αυτό είναι επί πλέον των θετικών αποδοχών που σημειώθηκαν στους πέντε από τους έξι μήνες από το Μάρτιο μέχρι και το Αύγουστο.

Αν ο εργοδότης σου δεν πληρώνει τις συνταξιοδοτικές σου εισφορές ή δεν ανήκεις στο συνταξιοδοτικό ταμείο Cbus θα πρέπει να αποταθείς στο συνδικάτο.

MULTILINGUAL

UNITY 30

Safe Business Is Good Business

FACT: *In 2007/2008 there were 30,077 major work place injuries reported * 4,775 cases resulted in permanent disability

* 79 deaths resulted from workplace injury or disease

Don’t Become A Statistic... Get Assistance

Ways you can get assistance• Over the phone: Information and assistance on workplace health and safety, injury management

and workers compensation.

• Face to face: To assist in making your workplace safer; access free, practical safety advice and tools by attending a WorkCover NSW workshop or request a Business Advisory Offi cer Workplace Advisory Visit.

• Online: Visit www.workcover.nsw.gov.au for information, advice, assistance, programs and activities that might assist your business achieve a safer workplace.

• Direct to you: A large range of WorkCover NSW publications are available to keep you up to date with the latest news in workplace safety, injury management, workers compensation and return to work. Request or subscribe to receive WorkCover publications.

For more information about how WorkCover NSW can help you achieve a safer workplace call 13 10 50 or visit workcover.nsw.gov.au

Visit www.workcover.nsw.gov.au/publications or call 13 10 50 to fi nd out more.

We all want our families to arrive home from work safely every day.

UNITY47

NSW OfficeUnit 5 322 Annangrove RdRouse Hill NSW 2155Ph: (02) 9679 2111

QLD OfficeUnit 5, 93 Pearson Road

Yatala QLD 4207Ph: (07) 3380 8700

Whatever the asset - Diona Deliver

www.diona.com.au

Qenos is the cornerstone of Australia's plastics industry

www.qenos.com

UNITY47UNITY47

MirvacSupportingSafety

UNITY47

Scaffolding Safely

Services:Consultation, design, supply and erection,

swinging stages, propping and shoring.UNITY47

UNITY 33

Safe Business Is Good Business

FACT: *In 2007/2008 there were 30,077 major work place injuries reported * 4,775 cases resulted in permanent disability

* 79 deaths resulted from workplace injury or disease

Don’t Become A Statistic... Get Assistance

Ways you can get assistance• Over the phone: Information and assistance on workplace health and safety, injury management

and workers compensation.

• Face to face: To assist in making your workplace safer; access free, practical safety advice and tools by attending a WorkCover NSW workshop or request a Business Advisory Offi cer Workplace Advisory Visit.

• Online: Visit www.workcover.nsw.gov.au for information, advice, assistance, programs and activities that might assist your business achieve a safer workplace.

• Direct to you: A large range of WorkCover NSW publications are available to keep you up to date with the latest news in workplace safety, injury management, workers compensation and return to work. Request or subscribe to receive WorkCover publications.

For more information about how WorkCover NSW can help you achieve a safer workplace call 13 10 50 or visit workcover.nsw.gov.au

Visit www.workcover.nsw.gov.au/publications or call 13 10 50 to fi nd out more.

We all want our families to arrive home from work safely every day.

UNITY47

NSW OfficeUnit 5 322 Annangrove RdRouse Hill NSW 2155Ph: (02) 9679 2111

QLD OfficeUnit 5, 93 Pearson Road

Yatala QLD 4207Ph: (07) 3380 8700

Whatever the asset - Diona Deliver

www.diona.com.au

Qenos is the cornerstone of Australia's plastics industry

www.qenos.com

UNITY47UNITY47

MirvacSupportingSafety

UNITY47

Scaffolding Safely

Services:Consultation, design, supply and erection,

swinging stages, propping and shoring.UNITY47

UNITY 33

Timbermass Constructions Pty LtdP.O. Box 318, Pendle Hill, NSW 2145Phone: (02) 9688 3414 Fax: (02) 9688 8484Email: timbermass@bigpond.com

Unique Flooring (NSW) Pty LtdP.O. Box 671, Seven Hills, NSW 1730Phone: (02) 9838 7011 Fax: (02) 9838 7881

Southside Reinforcing Pty Ltd6 Pelican Place, Woronora Heights, NSW 2233Mob: 0418 461 584

Total Construction Pty LtdP.O. Box 212, Strathfield, NSW 2137Phone: (02) 9417 4744 Fax: (02) 9746 9588 Mob: 0414 888 894Website: www.totalconstruction.com.au

Topdeck Scaffolding Pty LtdP.O. Box 586, Mona Vale, NSW 1660Office: (02) 9979 5914 Fax: (02) 9979 5714Email: office@topdeckscaffolding.com.auWebsite: www.topdeckscaffolding.com.au

Inten Constructions Pty LtdUnit 3/5-11 Mellor Street, West Ryde, NSW 2066Phone: 1800 046 836 Fax: 1800 146 836Email: cstewart@inten.com.auWebsite: www.inten.com.au

ABC Commercial Tiling Pty LtdUnit 7/13 Parsons Street, Rozelle, NSW 2039Phone: (02) 9810 9001 Fax: (02) 9810 7375

Cubic InteriorsUnit 1/93 Norton Street, Leichhardt, NSW 2040Phone: (02) 8585 1344 Fax: (02) 8585 1345Email: info@cubicgroup.bizWebsite: wwww.cubicgroup.biz

Melvin Pty Limited32 Pitt Town Road, Kenthurst, NSW 2156Phone: (02) 9654 0152 Fax: (02) 9654 0149

Morrow Equipment Company L.L.C.P.O. Box 533, Caringbah, NSW 2229Phone: (02) 9525 7741 Fax: (02) 9525 0278Email: aust@morrow.comWebsite: www.morrow.com

Prime Marble and Granite Pty Ltd40-42 Rosedale Avenue, Greenacre, NSW 2190Phone: (02) 9708 5488 Fax: (02) 9708 1488Website: www.primemarble.com.au

The Building Supply Company Pty LtdP.O. Box 455, Wagga, NSW 2650Phone: 1300 889 826

MDP Group17/75 Corish Circle, Eastgardens, NSW 2036Phone: (02) 9700 0354 Fax: (02) 9700 0364

UNITY47

Formwork &ScaffoldingACROW CYCLONE

2A Mavis Street, Revesby, NSW 2212

Ph: (02) 9780 6500Fax: (02) 9780 6400

Trazmet Groupof Companies

Formwork & Civil Contractors35 Anzac Ave, Smeaton Grange, NSW 2567Ph: (02) 4648 3255Fax: (02) 4648 3277

Email: enquiries@trazmet.com.au UN

ITY

43

Alstom is a global leader in the world of powergeneration and rail infrastructure and sets thebenchmark for innovative and environmentally

friendly technologies.

Alstom Power16 Giffnock Avenue, North Ryde, NSW 2113

www.alstom.com.au

Tel: (02) 8870 6000UNITY47

UNITY47

Level 1/140 Myrtle Street, Chippendale NSW 2008Telephone: 02 8332 4111Facsimile: 02 8332 4199Website: www.built.com.auE-mail: admin@built.com.au

DJDBrick &

BlocklayingP/L

Brick & Block LayingContractors28 Meta Street

Caringbah, NSW 2229

Ph: (02) 9540 3855Fax: (02) 9540 4190

UNITY47

EPSCONSTRUCTIONS

P/LBuilding Contractors

Suite 3235 Pitt Street

MerrylandsNSW 2160

Ph: (02) 9760 1000Fax: (02) 9760 1111

UNITY47

UNITY 35

THE WORLDWIDE CAMPAIGN TO FREE five Cubans who have been jailed in the US for more than 11 years is gaining momentum.

The men were convicted in a Miami court in 2001 on charges including lying about their iden-tity, trying to obtain US military secrets and spy-ing on Cuban exile groups.

Three were given life sentences and the other two 19 and 15 years.

Gerardo Hernandez, Ramon Labanino, Antonio Guerrero, Gonzalez Llort and Rene Gonzalez Sehwerert say they were in the US to monitor Florida-based, CIA-backed groups responsible for more than 3000 deaths in Cuba, with the aim of warning Cuban authorities of planned attacks.

The men have had their convictions over-turned on the grounds of questionable neutrality of the jury, lack of evidence and the severity of the sentences.

However this decision was itself overturned and then unsuccessfully appealed.

The message from the US in this farcical case is that when it comes to Cuba justice can be pushed aside.

Washington, even with Barack Obama in

charge, maintains the rage against Cuba, most-ly to keep sweet with right-wing Cuban exiles who make up a powerful voting constituency in Florida.

Even the mothers and families of some of the Cuban Five have been denied access to their loved ones.

In the most recent development a re-sentenc-ing hearing was held on October 13 that reduced the life sentence of Antonio Guerrero to 21 years and 10 months.

It is one of three re-sentencing hearings ordered by the Court of Appeals in September.

The U.S. Federal District Court has not yet set the date or dates of the other two re-sentenc-ing hearings of our Ramón Labañino (life) and Fernando González (19 years).

Amnesty International has condemned the restriction of access to the prisoners by their families as a breach of human rights and more than 130 eminent people globally have demanded justice for the men.

AND WHAT CAN YOU DO?

FIND OUT MORE about the Cuban Five at www.freethefive.org

WRITE to the US ambassador Jeff Bleich at the address below and urge him to allow the families more access to the prisoners:

Jeff Bleich Ambassador for the US American Embassy Moonah Place Yarralumla ACT 2600

WRITE to the men at:www.freethefive.org/writethefive.htm

WORLD

UNITY 36

HELPING HAND FOR CAMBODIAN ORPHANS

MUSIC TO THEIR EARSSupporters at a Lidcombe BBQ welcome Cuban band JJ Son to Sydney

FREETHE FIVE PUSH MAKESGAINS

CFMEU MEMBERS WORKING on Billbergia projects are helping turn around the lives of Cambodian orphans. The workers have dug deep to help keep open a Cambodian orphan-age, Billbergia boss John Kinsella is supporting.

His involvement with the orphanage goes back to December 2005 when Kinsella read about the plight of a Cambodian orphan-age that was about to close due to a lack of funding. Luckily for the orphans, the article appeared as the Irish-born, Sydney developer was “looking to get involved in something”.

Almost three years and more than $1.5 million later, that involvement in helping aban-doned and orphaned children in the South-East

Asian country continues.The centre at Battambang, Cambodia’s

second-largest city, now caters for 135 children ranging in age from one month to 18 years. Some have disabilities, many have HIV and a lot have suffered traumatic experiences.

But they also now have a home with Kinsella’s funds helping to rebuild the centre with new accommodation, a Buddhist temple, classrooms and vegetable gardens dotted around the complex. The foundation also employs a full-time child psychologist to help the children deal with their experiences.

Kinsella is quick to point out it is not a solo effort. Friends in Ireland and Australia have pitched in along with the CFMEU and workers and sub-contractors on the Billbergia Group sites. In one whip-around more than $10,000 was raised for the project, says Kinsella.

He is now hoping to link the centre’s chil-

dren up with a nearby training program run by the Australian union movement’s aid agency, APHEDA. “There’s no point feeding them, then getting them to 18 years of age and tossing them out,” says Kinsella, who hopes the chil-dren can leave with employable skills.

Kinsella visits the centre every three months to keep track of progress and to kick a football around with the kids. As for his motivation, it is not all about being a good Samaritan.

“I get a kick out of it, but more importantly”, he laughs, pointing at CFMEU Organiser Mark Cunningham and delegate Derek Wenderski, “it gets me away from these blokes.”

FOR MORE INFORMATION about the Hope for Cambodian Children project contact Peter Jennings from APHEDA at 9264 9343 or email pjennings@apheda.org.au or visit the website www.hopeforcambodianchildren.org

COMMUNITY

UNITY 37

DONATIONS TOSAMOA APPEAL

THE CFMEU IS FIGHTING TO PROTECT Sydney’s heritage and taking on the NSW Government with Green Bans being placed on a number of controversial developments.

In Pyrmont the NSW Labor Government plans to demolish four terrace buildings from 1881 to make way for the $5.2 billion Sydney to Rozelle metro.

The union believes the money earmarked for this project would be better spent on rail links in the suburbs of Sydney.

However the plans have been criticised by the community and CFMEU President Peter McClelland recently joined forces with legendary unionist Jack Mundey to announce a Green Ban on the site.

The ban has won positive media coverage, but more importantly forced some concessions from the government.

“Our office has been inundated with mes-

sages of support ,” says McClelland.

In North Sydney, the CFMEU is part of a community campaign to keep Graythwaite Park in public hands.

The CFMEU was deter-mined to stop home units being built on this site.

Private school, The Shore, recently won a government ten-der to buy the block in defiance of the wishes of the man who bequeathed the property.

The 18th century homestead was left to the State in 1916, by the owner Thomas Dibbs follow-ing the Gallipoli tragedy.

The park and the homestead were to be used as a rehabilitation facility for returned service men and he stipulated it was not to be handed

over to the neighbouring school.For decades locals and workers have had unre-

stricted access to the park. McClelland says the CFMEU is now liasing

with Shore college to ensure no inappropriate development takes place on the site.

WITH THE FAMILIES OF MANY UNION MEMBERS among those killed or left home-less by the tsunami that devastated Samoa, it was natural that the NSW branch of the CFMEU would want to step in and help. On October 2 the union launched its Pacific Tsunami Appeal in conjunction with APHEDA.

Organiser Joe Ratana, who had family killed in the disaster, says there are many workers who have been affected. He knew of one form-worker who had lost seven family members.

Ratana has spoken with people who have returned to Samoa, who have been distraught at the damage to their homeland. “I don’t want to go there and see the devastation,” he says.

Collections have been done on sites, includ-ing Hansen & Yuncken at Hurstville, and the union collected donations at the entrance to the annual NSW Maori Rugby League Competition at St Marys.

More than $1700 was raised at the event, which will go towards reconstruction efforts.

“It is great to see communities banding together to help one another, especially when many CFMEU members in the demolition and steel fixing sectors have had such great loss,” says Organiser Rebel Hanlon.

WAVE OF GREENBANS AS UNION FIGHTS TO SAVE CITY’S HERITAGE

DIRECTOR IN THE PINK AT FUNDRAISERKeith Pike was willing to be the only man at the CFMEU’s Pink Ribbon Breakfast fundraiser last month, but he couldn’t quite bring himself to wear pink. The Caps Beta managing director and staff member Pamela Billing, pictured above with the CFMEU’s Wendy Lark, were among the crowd at Carnarvon Golf Club in Lidcombe that helped raise more than $5000 for breast cancer research. Not the least bit fazed by the gender imbalance, Pike urged other members of the building industry to get behind the fundraiser. And who knows next year he might bring turn up in a pink outfit.

A FEW YEARS AGO, TRAVELLING TO WORK became a real issue for John Burns.

Although he lived in the inner-city suburb of Dulwich Hill and worked in Sydney’s CBD, Burns found he could not make the train trip without having to stop partway to go to the toilet.

At the same time he noticed his energy levels were dropping off and he was constantly thirsty.

So Burns did what most men do when it comes to health matters: “I thought it was some-thing really serious so I put off going to the doctor.”

When his deteriorating health forced him to make the trek to the doctor he was admitted to hospital straight away – with type 2 diabetes.

Type 2 diabetes is often known as mature-onset diabetes because it appears in later age, although in Australia it is becoming more com-mon in younger people including children.

People can live with type 2 diabetes for years before developing the classic symptoms of fre-quent urination and thirst, hunger and weight

loss. And although its onset and treatment may be less dramatic than type 1 diabetes, it is just as deadly over time and can lead to eye disease, kid-ney failure, heart disease and foot infections.

For CFMEU delegate Burns, 63 and a great-grandfather, the diagnosis was a wake-up call.

“It did me a favour in some respects,” Burn says. “It woke me up in terms of lifestyle.”

Burns who says he used to drink four litres of Coke a day, now exercises every day and watches his diet.

Salad, steamed vegetables and wholegrain bread have taken the place of white bread and an excess of high-fat foods.

His efforts have been rewarded. Two and a half years ago, Burns was taking 14

tablets a day to control the condition, now he is down to one.

“You’ve always got it, you don’t get rid of it, but I’m in much better shape now,” he says.

DIABETES TYPE 2: THE FACTS About 900,000 Australians have type 2 dia-

betes, but half of them are unaware they have the disease.

People who are overweight are more likely to develop the disease.

It is more common among indigenous Australians, Pacific Islanders, Asian Indians and Chinese Australians.

It can be diagnosed through a simple blood glucose test taken by your GP during a routine check-up. You have to fast for eight hours before the test.

For more information talk to your GP or visit www.diabetesaustralia.com.au

YOUR HEALTH

UNITY 38

SOMETIMES THE MAIN THREAT to the safety and health of a building worker is all, but invisible – as is the case with lead poisoning.

Although government legislation has reduced lead in the environment – for example unleaded petrol and lead-free paint – workers in the construction industry still often come in contact with the deadly metal.

This exposure is often unwitting and the result of employers failing to do proper safety audits before starting a job. Many building workers know there is an issue with lead expo-sure, but it is only when I talk with them about the potential to bring the deadly dust home that they begin to worry.

Like asbestos dust, lead dust is carried into the home on clothes and can lead to the sec-

ondary exposure of family members. Lead can have major impact on health. Children are par-ticularly vulnerable to lead poisoning because of their size and the fact their brains are still developing. Lead has been associated with reduced IQ levels and inattentiveness.

The most common problems from lead dust exposure are its effect on major organs, the brain and mood swings. If the employer does not do a decent audit, workers can unwit-tingly be exposed and this is often when the union steps in to help.

Workers need to keep this issue in mind. It is not just when working in areas with old paint, but sandblasting of metal will also lead to exposure. Demand the right safety equip-ment and if you are unsure about the condi-

tions on site contact me on 0419 221 373 or the CFMEU on 9740 0400.

For more information see the lead fact sheet at www.workershealth.com.au

PEGGY TROMPF is a University of Sydney researcher specialising in occupational health and former director of the Workers Health Centre in Sydney.

EATINGBETTER TO BEATA DEADLYDISEASE

INDUSTRIAL HEALTH MATTERS PEGGY TROMPF