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Issue No. 196 19 September 2003  
E D I T O R I A L

A Secret Country
So Tony Abbott has tabled his legislation to crush the CFMEU, while refusing to release the secret volume of the Royal Commission on which the recommendations are based.

F E A T U R E S

Interview: Crowded Lives
Labor frontbencher Lindsay Tanner talks us through his new book on the importance of relationships and why politics is letting the people down.

Activists: Life With Brian
Work by men like Brian Fitzpatrick is exposing new Australians to old truths. Jim Marr reports

Industrial: National Focus
A showdown looms in Cancun, Qantas gets bolshie, casual and lazy in its response to aviation challenges, and long festering disputes fester on in Victoria and Tasmania reports Noel Hester in this national wrap.

Unions: If These Walls Could Talk
Trades Hall is preparing for a major facelift but first, Jim Marr reports, it must bid farewell to the colourful bunch who have populated its dusty corridors in recent years.

Economics: Beating the Bastards
Frank Stilwell looks at some of the proposals for building a fairer finance sector.

Media: Three Corners
So its come to this. Four Corners, one of the world's longest running television programs is now under pressure from an ABC Executive that is less cultural visionary than feral abacus.

History: The Brisbane Line
Percy Spender was Menzies' foreign minister, but, Neale Towart asks, was he also prepared to serve as Prime Minister in a Japanese controlled Australia?

Trade: The Dumping Problem
Oxfam-CAA helps set the scene for this month's World Trade Organisation in Cancun.

Review: Frankie's Way
In The Night We Called It A Day Frank Sinatra learns 'sorry' Down Under is a loaded word and refusal to say it when due will lose fans in important places, writes Tara de Boehmler.

N E W S

 Cole Skeletons Shake Monk

 Abbott Flags Move On Nurses

 Workplace Bullies Leave Three Dead

 People’s Bank Scraps People

 Left-Right Combo Drops Motorway Boss

 Free Wally - Movie Offer

 Detention for Minister Who Praised Scabs

 Cancun Flop Spurs Local Stars

 Public Sector: Cuts and Thrusts

 Medicare Cuts Take Cake

 Beating Around The Bush

 Other Half Lives It Up

 Anderson Ducks Mudgee Bill

 Deaf, Blind and Looking For Friends

 Filipino Vote Call

 Activists Notebook

C O L U M N S

The Soapbox
Staking Our Territory
ACTU secretary Greg Combet argued for a fairer Australia in his keynote address to last month's ACTU Congress.

The Locker Room
Seasonally Agisted
Spring is a season when a person’s thoughts turn to…horse racing. Phil Doyle reports on the fate of nags and folk heroes.

Housing
Beyond the Block
We are wild about the people who live in The Block but not too interested in those who are on the streets outside, writes Michael Rafferty.

Politics
The Westie Wing
Workers friend Ian West MLC, reports form the Bearpit about a project to raise awareness about trade unionism amongst young people.

Postcard
The Awkward Squad
Paul Smith meets one of the new generation of British union leaders who is taking the ball up to the Blair spin team.

L E T T E R S
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News

Cole Skeletons Shake Monk


Tony Abbott introduced his legislative attack on building workers this week, in the face of claims that his much-hyped Cole Royal Commission secret volume contained no new information.

The Workplace Relations Minister has used the "sealed" 23rd volume to accuse building industry unions of thuggery and standover tactics but the Australian Financial Review, which has seen the material, suggests the hush-hush volume merely reiterates already-published claims.

Abbott has rejected calls from both the Federal Opposition and the CFMEU to make public confidential findings being used to justify his new workplace laws.

If Abbott's Bill is passed into law, building workers would be prevented from pattern bargaining; severely restricted in their right to use industrial action; and subjected to $110,000 fines for breaching these restrictions.

It also provides for individual unionists, found to be in breach Coalition industrial laws, to be barred from attending sites where their members are employed.

The legislation would be enforced by a specially-created Australian Building and Construction Commission with support from a division of the Australian Competition and Consumer Commission and other enforcement agencies.

The Building and Construction Commission would have the power to coerce witnesses into giving evidence. Its inspectors, supported by lawyers, financial analysts and "industry experts" would be sent onto building sites to provide taxpayer-funded advice to contractors in conflict with their employees.

The new legislation would push public funding of Abbott's crusade against building workers to well over $100 million.

Last week's AFR revelations breathed new life into claims that Abbott's $60 million Cole Royal Commission was a politically-motivated stitch-up.

The business newspaper quotes Cole as saying findings in his 23rd volume "might" constitute breaches of civil or criminal law, and suggesting that Abbott's terms of reference had required a speculative approach to fact.

"If I did not make any findings in relation to such matters, then the number of findings that would have been open to the commission would have been very small," Cole says.

"That would not have been satisfactory, because it would have unduly limited the evidential material to which I could make references in explaining the need for reforms that I have recommended."

This approach led Cole to make more than 400 findings, the vast majority against unions and their members. By contrast, the Royal Commission into Australia's largest corporate collapse, running at the same time, came up with 61 findings.

A key element underpinning Cole's recommendations is a call for "good faith bargaining", something the Minister has specifically rejected in relation to other industries.

Union officials also queried provisions in the Abbott bill that would force striking building workers back to their jobs after a fortnight, pointing out the Minister's public support for the rights of employers at Morris McMahon (NSW) and Geelong Wool Combing (Victoria) to lock workers out for months on end.

CFMEU officials reiterated claims that the Cole Commission and resulting legislation was a rorter's charter, giving a free pass to contractors who rip-off workers and the public on safety, wages, entitlements, taxes and compensation premiums.

"This legislation is really designed to protect dodgy contractors," CFMEU national secretary, John Sutton, said.

"To outlaw workers' right to insist on basic safety and respect for tax laws is a total perversion of the rule of law."

Democrat and independent senators are central to Abbott's ambition of having the bill passed into law by Christmas. The ALP and the Greens have already committed themselves to opposing the changes.

ALP Workplace Relations Shadow, Craig Emmerson, said the Abbott Bill was a recipe for workplace deaths.

"The draft legislation would weaken the capacity of unions to enforce occupational health and safety for construction workers," Emmerson said.

"Minister Abbott must be the only Australian who prefers the Athens model to the spectacular success of the Sydney Olympics that made all other Australians proud and showcased our construction industry to the world.

"Under current laws the Sydney facilities were built by construction unions on time, within budget and with one fatality. By contrast, 20 construction workers have already lost their lives in the construction of Athens Olympic facilities under the (non-union) model favoured in the draft legislation."


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