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My Way or the Highway

By Linda Carruthers

Since 1997, workers employed by Serco/Great Southern Railways, have been locked in a struggle with their employer to have their choice of industrial instrument recognised.

Their story and the behaviour of the employer is an excellent illustration of the Orwellian lie at the heart of the 'freedom of choice' mantras directed at workers by the real elites who actually do run this country.

In 1997, the interstate passenger operations of the former Australian National Railways (ANR) were privatised by the federal government and sold to GSR/Serco. Serco refused to collectively bargain with the unions representing the workers and required every 'new employee' to sign a three year AWA as a condition of employment.

In the three years 1997-2000, these workers received 0% per annum in wage increases, whilst the rest of the rail industry received between 3%-5% for the same period.

In July 2000, just before the expiry of the original AWAs, the RTBU, representing the passenger attendant classifications met with Serco to seek negotiations on a collective agreement to replace the soon to expire AWAs.

After two meetings Serco informed the union that they would no longer negotiate with the union and would commence issuing a further round of AWAs on the basis that

"Our workers (sic) are quite happy with AWAs-they don't want a collective agreement"

The new AWAs 'offered' 3% in wage increases over the three year life of the 'agreements' all of which were of course, in identical terms. If the original employees signed the AWAs they would in effect have received annual increases of 0.5% for six years!

So much for the improved 'wages' that AWAs are supposed to represent!

To add injury to this insult, the workers were threatened that if they didn't sign the 'offers' (note there was no negotiation on the terms offered), their jobs would be offered to someone else. After the union obtained a court injunction, Serco withdrew these offers, and issued new ones, in the same terms, this time threatening that if they were not signed, then employees would be placed back onto the minimum rates award.

In the meantime, the union circulated a petition to the workers, requesting Serco to recognise the choice of those who expressed a desire to be covered by a collective agreement. Serco's response to the petition, which was signed by over 70% of the workforce, was to dismiss it as not being a true representation of the worker's views.

The RTBU then obtained a decision from the Commission that a ballot of the employees' views be conducted by the industrial registrar to ascertain their views. A secret ballot was duly conducted, and 57% of the employees returned a ballot. Of those not one employee marked a cross beside the choice of AWA.

Despite this overwhelming result, Serco continues to argue that employees who do not wish to be covered by AWAs must continue to sign them, on the take it or leave it basis that is their usual approach.

Put simply, despite the so called 'choice' set out in the Objects section of the Workplace Relations Act, there will be zero choice for employees when it comes to being covered by AWAs. No matter what their employees say, employers it appears are the only group free to make a choice of industrial instrument.

The foregoing account of a contemporary workplace struggle, is not about 'union power' nor is it a story of 'well paid, aspirational blue collar workers'-it is a story of a group of working men and women (half of whom are casuals), struggling to have their choices recognised by a large employer who treats their express desires with contempt.

It is also a neat example of the great lie at the heart of the conservatives' industrial relations agenda Choice, unless it produces outcomes favoured by management, will not be tolerated.

Perhaps some of those erstwhile latter day converts in the ALP to the notion of the disappearance of class politics from contemporary market societies might like to comment. Better still, they might like to stop wasting time trying to square the circle, and put forward some plan to ensure that the 21st century does not end up being like the 19th century after all.

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  Issue 122 contents

»	Unions Raise Labor Stakes
»	Standards Breakthrough in Call Centres
»	Hotel Cleaners Told: Bring Your Own Mops
»	Corporate Giant Sponsored IT to India Report
»	New Front in Battle for Compo Rights
»	Progress in Email Privacy Push
»	Christmas Progress on Sweatshops, Truckies
»	BHP Steel Workers Fight for Security
»	Union Concerned At New ASIO Powers
»	Workers Call for Patrons Before Pokies
»	Overtime Deal Helps Rural Hospitals
»	Writers in New Chapter for Unionism
»	CFMEU Backs Standards Inquiry
»	Mining Company Moves To Ban Fiji Film
»	Unions Choir Sings Up Storm
»	2002: Where to Now?
»	Activists Notebook

»	The Soapbox
»	The Locker Room
»	Trades Hall
»	Tool Shed

»	Apology to Tim Harcourt
»	Tom is Gobsmacked
»	Who was Gordon Freeth?
»	More Compo Feedback
»	Trains of Treasure
»	The Great Tuckpointer Debate Revived

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