The NSW Labor Council this week demanded the NSW Government initiate an inquiry into usage of email, focussing on a Code of Practise to allow unions rights to emails to communicate with members and for workers to communicate with each other.
While a Code of Practise already applies to NSW public servants - guaranteeing unions access for legitimate activities - there are currently no standards in place in the private sector.
Labor Council secretary Michael Costa says while the issue is being considered by a long-running NSW Law Reform Commission report, more urgent action was required in light of the recent cases.
"Access to office emails should be a right not a privilege," he says.
Costa says if the government doesn't act decisively. Unions will take matters into their own hands and launch a case in NSW Industrial Relations Commission to set legal standards to extend the principles of the union noticeboard cases.
It emerged this week that an Ansett worker had been sacked for sending out a union bulletin, while two Narrabri council workers have been sacked for referring to their managers as 'Huey, Duey and Louie'.
Ansett Faces Backlash
Unions have warned they'll target Ansett if the unfair dismissal claim of Australian Services Union workplace delegate Maria Gancarelli - sacked after 11 years service - fails.
Ansett management deemed the distribution of the newsletter - an update on enterprise bargaining negotiations - on the internal Internet system as an "unacceptable use of technology".
Costa last night warned that unions would retaliate against the airline if the unfair dismissal proceedings fail.
"Ansett can not claim to be the unions' airline if they take this sort of action against a union delegate," Costa told the weekly Labor Council meeting.
The case involving the Narrabri workers is scheduled for hearing in the NSW Industrial Relations Commission in Tamworth in May.
Federal Email Inquiry Silent on Union Rights
Meanwhile, there's been little joy for unionists in the release of a report by the Federal Privacy Commissioner into Workplace Email, Web Browsing and Privacy.
Privacy Commissioner Mal Crompton's report focussed on the need for there to be clear guidelines in place.
The Commissioner urges employers to adopt the guidelines and ensure all staff are aware of company policy regarding the use of office e-mail and the Internet generally. Employers should be aware of the potential problems of monitoring employee e-mails. E-mail monitoring should be handled sensitively as it is "intrinsically invasive and there is an impact on staff morale and productivity" the Commissioner said.
"While privacy is an important issue in the monitoring of e-mail, employees and employers need to be aware that e-mail can raise other issues involving sex, race, disability, racial vilification, copyright legislation and corporations laws." A recent damages case by employees of a US corporation on sexual harassment using e-mail shows the penalties can be severe (see this week's Labour Review).
The e-mail and web browsing guidelines suggested by the Commissioner urge employers to:
� Ensure the policy is distributed to all employees and that they have a clear understanding of the policy
� Make the policy explicit on what activities are permitted and forbidden
� State what information will be logged and who in the organisation has rights of access to the log of staff e-mail and browsing activities
� Note the company computer security policy; with the warning that e-mails can pose a threat to that computer system
� Include a plain English outline of how the company intends to monitor and audit compliance with the e-mail guidelines
� Make sure the policy is reviewed on a regular basis
But the report fails to make specific recommendations on what protections should be provided for workers to communicate with each other or as a group. And no mention whatsoever is made of trade union activities.
See the report at http://www.privacy.gov.au/issues
ACTU secretary Greg Combet says the Australian Government is fast becoming a global pariah because of its dogged determination to flout international humanitarian standards following the overnight vote in Geneva.
The ILO Committee on Freedom of Association has been investigating complaints against the Government from the ACTU, the MUA, the International Confederation of Free Trade Unions, and the International Transport Workers Federation of:
� Anti-union discrimination
� Interference with strike and boycott action
� Restrictions on picketing
� Violation of collective bargaining rights
� Interference with the rights of affiliation with international workers' organisations
Among other recommendations, the ILO will ask the Government to:
� Amend the 1996 Workplace Relations Act, saying it 'noted with concern' that linking restrictions on strike action to interference with trade and commerce could impede legitimate strike action.
� Take 'necessary measures', including amending the Trade Practices Act, to ensure that workers can take sympathy action in support of a legal strike.
� Take 'necessary measures', including amending legislation, to ensure that Australian Workplace Agreements do not undermine the right to bargain collectively.
Combet says the latest breach of international standards would fuel the growing perception that Australia was out of step with world opinion.
"This is yet another breach of faith to the Australian people. Australia was one of the founding members of the United Nations. Now this Government is consistently acting against UN conventions," he says.
"Right now, the UN is investigating Australia for serious breaches over racial discrimination, alleged migrant detention centre abuses, and mandatory sentencing.
"The evidence against Peter Reith's Workplace Relations Act is mounting. The criticisms of his secret individual employment contracts (AWAs) demonstrate just how unfair his system really is. The Workplace Relations Act has now been found in breach of so many international conventions that there will surely be a day of reckoning.
"No doubt the Howard Government will ignore and ridicule these latest criticisms from the ILO. What the Government should do is immediately act to bring Australia's industrial laws into line with international standards."
The Australian Workers Union is calling on the NSW Government to use its influence in funding the organization, to ensure the local jobs aren't sent offshore.
AWU state secretary Russ Collison says the Flying Doctor has put the contract to maintain the turbine engines of its fleet out to tender.
He says the Australian Company, Bankstown-based Pacific Turbine is set to be dumped in favour of Canada's Pratt and Whitney.
Collison says, while the Australia firm is competitive in all aspects of the tender, the Canadian firm is favoured because it also manufactures the spare parts used by the planes.
He says Australia companies should be given a weighting when tendering for work, where they are price competitive - particularly where public money is involved.
The AWU is seeking a meeting with the NSW Government to ensure the work remains in Australia.
"These sort of decisions represent the need for a credible industry policy to promote Australian manufacturing," Collison says.
The Finance Sector Union launched the Rescue Service in Parramatta this week, for an eight-week tour that will cover more than 10,000 kilometres, taking in rural NSW, Victoria and Tasmania before arriving in Canberra in late May.
As it tours, the ambulance will stop in country towns to draw attention to job cuts in the banking sector urge local communities to pressure the federal government to develop a Social Charter of banks' community service obligations.
Staff at rural banks will help the ambulance staff evaluate the health of each bank and develop the best remedy to maintain rural services - including industrial action.
Since 1993, 2000 bank branches have close, more than 40,000 jobs have disappeared and the banks have made more than $40 billion in profits.
FSU state secretary Geoff Derrick says there were 6500 more jobs at risk in Westpac and Commonwealth banks alone.
Following the launch Derrick told the weekly Labor Council meeting that he had been overwhelmed by the community's response to the campaign.
"I have never seen such support for an issue," Derrick says. "People feel cheated by the banks - while the profits go up they see the services being cut. It doesn't add up."
Check LaborNet for regular updates of the trip at http://www.labor.net.au
The resolution was passed by the Rail, Tram and Bus Union's Branch council and has now become official union policy.
RTBU divisional president Pat Ryan says the claim recognises that transport workers will bear the brunt of Olympics' pressure - with workers facing 20 hours of peak conditions every day.
"Branch Council believes that an appropriate claim for RTBU members should be $300 per week paid as a bonus over and above the agreed pay rate," Ryan says.
"Such an allowance may be linked to an attendance formula. In addition, those members who are entitled to the above payment should be granted one week's additional leave, which may be cleared over a three year period."
Talks Commence on Broader Claim
Meanwhile, the Labor Council has commenced talks with the NSW Premiers Department in support of a broader claim for all public sector workers whose duties are altered because of the Olympics.
Labor Council secretary Michael Costa says emergency workers and health workers will also face changed conditions, longer hours and greater stress - while all workers will be disrupted by the event.
Costa says while the Premier remains "sceptical" the talks are a positive sign.
The centre has been established on a five-year outsource contract by the State Transit Authority to provide timetable information to the public.
Former Stellar human resources manager Andrew Hillard told Workers Online last week that staff were being forced onto non-union individual contracts on a 'take it or leave it basis'.
CPSU national secretary Wendy Caird has written to NSW Industrial relations Minister Jeff Shaw asking him to ensure the contracts are in line with NSW industrial relations laws that prohibit individual contracts being imposed on workers.
"The NSW Government has taken a very good public stand on industrial relations policy, particularly its refusal to replicate peter Reith's AWAs in NSW," Caird says.
"But its unfortunate that this public policy has not been followed through in its contractual arrangements with Call centre providers like Stellar.
"The NSW Government has to intervene to maintain credibility," she says.
Stellar Hits Foreign Troubles
Meanwhile, the company that Telstra joined forces with to create its controversial Stellar chain of centres call is at the centre of a scandal in Britain over bullying of workers.
British MPs are calling for tighter regulation of the call centre industry following a series of media stories on the operations of Stellar's parent company Excell Global Services.
Among the allegations against Excell is that an employee who has an epileptic fit at work and was taken to hospital had his pay docked and lost bonuses worth more than $400 for failing to keep a perfect attendance record.
And since the report was aired, Excell has required staff to undergo 'facial mapping' to prove they were not the anonymous employee who gave a critical TV interview where only the bottom of the face was shown.
Stellar is a joint venture involving Telstra and the phoenix-based Excell Global Services.
by Paddy Gorman
Chief executive Leon Davis and chairman Robert Wilson have got a salary increase to close on $5 million a year. The 16-man Board of Directors have also celebrated the declining share value with increases ranging from $100,000 to $600,000.
The latest rises come just months after Rio Tinto announced that Davis would retire this year on a package worth about $16 million. It would take almost 400-years for an Australian worker on the average weekly wage to earn Davis's retirement package!
In sharp contrast to the directors incompetent performance, Australian mineworkers have increased productivity to record levels at Rio Tinto's operations only to be confronted by a company drive to lower wages and cut conditions.
With the company's Annual General Meetings to be held in May in London and Brisbane, Rio Tinto can expect another concerted attack on its shocking global record and the pathetically inept performance of its arrogant Board members.
The NSW Nurses Association is holding a public rally outside the Bankstown Medicare Office on the day, to argue the case for public health insurance.
The campaign is being held under the auspices of the Friends of Medicare and is backed by the Public Health Association of Australia.
"The biggest fear is that Government concern for increasing the number of privately insured patients in Australia could back-fire on our public health system," the say.
"There is a risk that the present policy direction could eventually entrench a
two-tier health system, where the quality of care is unequal between private and public sectors."
"Medicare works well because it is a universal system and everyone contributes to the system.
"The risk is that continuous increases in premiums for private health insurance will reach a point where privately insured individuals want to "opt out" of Medicare. Medicare would soon be on its knees if people in the higher income groups stopped paying the Medicare levy.
"Many of us can remember what a two-tier health system was like before Medicare was established. Those who have only ever experienced health care under our Medicare scheme have been most fortunate."
The Friends of Medicare campaign aims to ensure that Australians are not deprived of their rights to a good quality universal health care system. Medicare is worth fighting for and strengthening Medicare is our best option.
A Friends of Medicare Information Kit about Australia's health services has been prepared to get the facts out to the community, the media and the politicians. It can be found at http://www.nswnurses.asn.au
PHAA's partners in the Friends Alliance are the Health Issues Network, the Australian Nurses Federation, the Doctors' Reform Society, the Women's Health Network and the Australian Council of Social Service.
by Mickael Kjaerbye
Greenacres, at Wollongong, employs 130 people with developmental disabilities to make products including small packaging, lights and body bags.
LHMU industrial officer Matt Warburton said the agreement - the first of its kind - provided a system of independent assessment for employees with disabilities.
Many Workers Were Paid at the Lowest Rate
Before, the rate of pay for employees with disabilities was worked out as a percentage of the work they did compared to an able-bodied employee.
But without any independent system to assess their productivity, the decision was left to management. 'This meant many workers in the industry were paid at the lowest rate,' said Matt.
Workers Assessed on a Range of Competencies
As well as providing an individual assessment tool to work out an appropriate wage, the agreement creates career paths by assessing workers on a range of competencies.
'Some are work and skills-based competencies and others relate to more general life skills such as getting along with co-workers and arriving at work on time,' said Matt.
'If they can improve their level of productivity they get an increase in payment or higher classification.'
Delegate John Kingston said the agreement was a boost for workers and improved their working lives.
Greenacres became the first disability service in Australia to be named a Best Practice organisation for its affirmative action program in December, 1999.
The strike achieved near 100% compliance with all major sites and most small and medium sites lying idle.
"The CBA 2000 campaign is going strong. Construction workers fully supported the stop work Meetings and strike days. Only a handful of workers were found today breaking the strike and they left the site as soon as the issues were explained to them." Said CFMEU Construction Secretary Martin O'Malley.
"There is no doubt" O'Malley said "that some Employers are intimidating workers with threats of dismissal and loss of future income to break the strike. The vast majority of workers are holding fast".
O'Malley said the dispute was about equity. He argued that if it was good enough for judges and politicians to have inter-state parity, then it was good enough for construction workers.
"Every State in Australia including Victoria will have an agreement and South Australian workers will be missing out. We are being treated as the poor cousins, expected to cop a sub standard agreement. Our claim is a fair and reasonable claim and CFMEU members are determined to win" he said.
Members of Sydney University's Political Economy group are offering free classes to activists from community groups, trade unionists and student unionists.
The aim of these classes is to empower activists to understand and deal with orthodox economic arguments.
Method: the classes will introduce orthodox economic arguments, relevant to a particular theme, then look at critiques of the orthodoxy, then consider the radical alternatives. There will be a set reading for each session.
Structure: each class will consist of a one hour interactive presentation, by a member of the Political Economy group, to be followed by a half-hour chaired discussion.
These monthly classes are specifically for activists who would like to engage more effectively with common economic arguments, for example on welfare, the budget, the global economy, industrial relations, deregulation, competition policy and privatisation.
Classes will usually be held on the second Wednesday of each month, from 6 to 7.30pm, at Level 5 of Sydney University's Wentworth Building (City Road) with the first three topics as follows:
Wed 12 April - The Federal Budget - Wentworth Level 5, Room 1 - surpluses & deficits - govt debt & ratings - 'crowding out' - role of the state. Presenter: A/Prof Frank Stilwell
Wed 10 May - The World Trade Organisation - Wentworth Level 5, Room 2 - trade theory - multilateral negotiations - social clause - TRIPS. Presenter: Dr Tim Anderson
Wed 14 June - Deregulation - Wentworth Level 5, Room 5
- competitive efficiency - reregulation - oligopoly competition. Presenter: Dr Tim Anderson
No bookings are necessary. Future topics will be determined after feedback from interested participants.
Enquiries: Tim Anderson (series coordinator)tel: 02-9660-4580 email: [email protected]
APHEDA - Union Aid Abroad is backing the radio station as part of its contribution to the reconstruction effort in East Timor.
The Radio Free East Timor campaign kicks off April 13 at the Harbourside Brasserie - with acts as diverse as Barbalu and Astro Tabasco
Punters will be asked to bring their CDs to the gig, which will then be sent to Dili to add to the fledgling station's playlist.
APHEDA Dili project officer Ramona Mitussis says the Timorese love all sorts of music, but that Reggae and House are the favourites. Then again - a bit of Aussie indie music would go down well too.
Tickets for the Radio Free East Timor gig are now available for $12 and $10 concession.
To order your tickets, click the button below.
by Rick Petersen
George Petersen died recently, in Shellharbour Hospital. His wife Mairi and stepdaughter Natalie were with him. George had been hospitalised for 8 days, with complications arising from his cardiovascular system. During these days he was in the tender loving care of family, friends, and the wonderful hospital staff. He faded away without pain, remaining always the George we will know and remember.
George was born in 1921, the offspring of north European immigrants to QLD who arrived in 1800s. His grandparents were farmers, but George's parents had left the land, and he was born into the Australian rural working class.
George had a good head on his shoulders and was an accomplished school student, but poverty and the great depression ensured that he left school at age 15 and got a clerical job in the Bundaberg post office. By then he was under the influence of the political upheavals of the depression, and two communist uncles. The world was sinking into the abyss of fascism and war. George joined the struggle to drag it out. He wanted to go to Spain and join the fight against General Franco's military coup, but fortunately he was too young and his enquiries got nowhere.
George was conscripted into the Australian army in 1942, and spent 4 wasted years in QLD and Borneo training in guerrilla combat. He was a member of the Australian Communist Party from 1943 to 1956, leaving soon after the Party supported Russia's 1956 invasion of Hungary to suppress a workers revolution.
In 1957 George was transferred to a job in the Department of Social Security in Wollongong. He joined the ALP, and did much to strengthen the organisation in the suburbs of Illawarra to the south of Wollongong city. Together with local steelworkers and coalminers, he set up Unanderra branch of the ALP. He became for a few years a close political associate of the major figure of the Illawarra ALP, Rex Connor.
In 1968 George was preselected as the ALP candidate for the State Parliamentary seat of Kembla, and won comfortably at the election. For the next 8 years he was, as he often described himself, a left wing opposition backbencher. He was far removed from the corridors of power, but used his position to agitate for better public services in the Illawarra, for American and Australian withdrawal from Vietnam, and for workers rights everywhere. He agitated against systematic bashings of prisoners by the administrators of NSW prisons, against anti-abortion laws, against Apartheid, and against destruction of the natural environment. One major result of his agitation was the Nagle Royal Commission Into Prisons, which made recommendations leading to some lasting reforms in NSW prison system.
As a backbencher in the Labor governments of 1976 to 1988, George agitated, along with the Gay movement, for repeal the of anti-homosexual sections of the NSW Crimes Act. This bore fruit in 1982 when laws against buggery and "indecent act with consent" were repealed. Together with a handful of close allies he used parliament to expose the frame up of Tim Anderson, Ross Dunn, and Paul Alister, who were sentenced to 20 years prison in 1978 on trumped up attempted murder charges in 1978. This played a major part in their release in 1985. On a larger scale, if it is possible to fall in love with a people, George fell in love with the Palestinians. He was for many years a major voice in defence of their legitimate right to remedy their dispossession and expulsion from Palestine after 1948.
In 1987 the Labor government capitulated to demands from the insurance industry that the compensation benefits paid to injured workers must be cut. George had many times voted for legislation he personally abhorred because he was bound by Caucus solidarity. This time he drew line. His loyalty to organised labour in the Illawarra, which was fighting the compensation cuts, was more important to him than his parliamentary job. He voted against the new laws, and was expelled from the ALP. At the 1988 election he stood for Illawarra as the candidate of the Illawarra Workers Party, and achieved a remarkable 17% primary vote while NSW as a whole was swinging 10% away from Labor.
George's parliamentary career was over, but his political life merely moved to new areas. He was, for over 15 years, a driving force in a campaign to prevent Walker Corporation from obliterating Shellharbour Beach in order to build a marina for the yachts of the rich. In 1991 he joined with many allies, old and new, who formed the Bring The Frigates Home Coalition to tell Bush and Hawke to get out of the Gulf.
Throughout all these achievements, and despite a number of heart attacks starting in 1968 and open heart surgery in 1980 and 1996, George impressed countless people with his unstinting energy, his infectious humour, and his passable singing voice in the Illawarra Union Singers. Even his political enemies could rarely fault his personal honesty, and the clarity of his words, writing, and deeds.
George often observed that those elected to parliamentary office usually went right or went cranky. He was an exception. He was too self-effacing to spend any time wondering why, but part of the reason lies with his friends and allies in Wollongong. They kept him honest, and sensible. It was a two way process. The many people who learnt much from George were also part of his education. He was an impressive individual, but he most impressed himself when he felt part of a living movement for a world where no-one had bosses over them or servants under them.
George was privileged to be married to Elaine for 20 years, and Mairi for 30 years. He had a son, two daughters, and three grandsons.
Rod Eddington, CEO Ansett
Fax: 03 9623 2691
Re: Sacking of Maria Gencarelli
Date: 30 March 2000
I was both shocked and disgusted to read a report in the Sydney Morning Herald on Tuesday March 28 that Ansett had sacked long-time employee Maria Gencarelli for sending union news through your email system.
This appears to be a direct attack on the rights of your staff to be members of the union. Using internal email to update employees on enterprise bargaining seems a completely legitimate use of the system. It is the modern equivalent of sticking a notice up on a noticeboard.
I would hope you would reverse this outrageous decision and reinstate Ms Gencarelli immediately. Otherwise I will never fly with Ansett again.
I fly frequently for work and was about to join your Global Rewards Program. However, I will now not do this. My wife is currently a Global Rewards member and she is seriously considering resigning as a result of your actions.
I am also encouraging my friends and colleagues to protest against your action by not flying with you.
Liam Phelan.
Copy this text, circulate to friends and send the message to Ansett!
Dear Editor,
I have just had a quick browse through Issue 47, and once again have come away feeling even prouder to be a Unionist.
The article commemorating Wal Liddle was moving and his thoughts, actions, and commitment should be an inspiration for us all.
The story on cyber organising at IMB also shows how Unions are progressing with the times and the importance of them keeping up-to-date with the latest technology.
Thanks again and keep up the great work!
Christine Hawkins
Member, CPSU
Office of Senator George Campbell
Mandatory sentencing is the latest "law and order" issue to create practical difficulties for the left of Australian politics.
Mandatory sentencing clearly offends basic human rights principles, yet it is often traditional Labor supporters who most feel the impact of crime or illegal drug misuse. It is the homes and cars of honest trade unionists or pensioners in working-class suburbs that are broken into; not the well-fortified mansions of the rich.
Trade unionists and ALP members, then, have an obligation to explain to the battler that harsh law enforcement and arbitrary punishments offer only an illusion of a safer society.
In the longer term, it is the just and democratic society with a fair legal system and an accountable police force
that will deliver the safer community that we all seek.
In a recent edition of the respected liberal magazine, Nation, an American Senator wrote, "A decade of bipartisan law-and-order politics has created a new malignancy of police abuse from Los Angeles to New York".
California State Senator Tom Hayden was referring in particular to the case of Officer Rafael Perez, a member of an elite police unit enforcing harsh and unjust anti-gang laws.
Caught selling cocaine he had taken from the evidence room, Perez confessed to many other criminal acts, the worst of which was the shooting by him and his partner of Javier Ovande without provocation and the planting of a gun on him. Ovande is now in a wheelchair.
In total, dozens of Los Angeles police were involved in some 3000 incidents of shootings, beatings, framings and the planting of evidence.
A police force drunk on powers it should never be given quickly becomes unprofessional, even if it does not sink to the levels of corruption that arose in Los Angeles. Determined and intelligent criminals have nothing to
fear from such a law enforcement agency.
Those who oppose unreasonable police powers and such measures as mandatory sentencing are not soft on crime they want a safer society just like everyone else. The challenge for the left is to convince the whole
community of this.
This is a task far harder than just attempting to
outbid conservative governments in a futile "law-and-order" bidding war no self-respecting Labor government can even win.
Noel Baxendell
by Peter Lewis
A lot has been said in recent changes about the need for unions to change to an organizing approach. But what changes do you think are required at the peak body level?
In short, how can you drive bottom-up activism in a top-down manner?
Renewal is a central challenge for the union movement and Unions @ Work sets out a plan to support workplace and community activism. Strength in the workplace is central to the ACTU having a strong voice for working people.
With regard to information technology: the market is valuing the Virtual Communities venture at about $300 million. Given some people appear to be getting rich quick, do you maintain it was a good deal for unions?
20,000 computers, representing the most affordable deal in Australia, have already been distributed by Virtual Communities and demand is running at 2,000 per week. With the vast majority of these sales going to union families we have already begun to bridge the gap between the information rich and the information poor. As the communication tools come on line the unions will have enhanced capacity to encourage activism and member engagement in union affairs generally.
At the same time companies like Ford and giving away computers to get their workers online. If this spreads, doesn't it mean our members have been sold a three year dog?
The Ford offer is magnificent and it would be fabulous to see it spread but as someone who has unsuccessfully fought with State and Federal Governments for free technology for teachers, an industry where technology is an essential tool of the trade, I am not holding my breadth. Our members and their families need affordable technology now.
You come from a white-collar union, but much of the ACTU's activities - the big disputes - still seem to be focused on the traditional areas like mining, construction and the waterfront. How do you broaden out the image of unions so you can be relevant to more workers?
The ACTU has an active role to play in supporting the struggles of all unions and building increased public awareness of their plight. These struggles are common across both white and blue collar sectors and include; job security, a decent wage and reasonable hours with the capacity to balance work and family commitments.
The 36-hour week for example, is fine for industrially strong workers, but is undeliverable - and arguably unwanted - but workers in the growing areas of the economy. Aren't we in danger of locking ourselves into a retro image?
Every union survey demonstrates that members with secure jobs are facing an unprecedented intensification of work. Much of this overtime is unpaid and for women this is particularly significant when we are responsible for more than 50% all unpaid overtime. Equally those workers in precarious employment, the bulk of whom have too few guaranteed hours to secure a decent regular wage, want secure and reasonable hours of work. This is a challenge for all unions.
The 36 hour week agreements in the building Industry in Victoria represent a significant breakthrough in raising the debate about reasonable and affordable hours of work. History tells us that campaigns for reduced hours have traditionally begun in the industries with stronger unions and spread over time.
Working hours constitutes a significant debate in Europe and in France Governments have provided incentives for employers who reduce hours and employ additional staff. But for want of a visionary Federal Government, this would be a progressive solution for offering opportunities to young people and the long term unemployed.
The Victorian context marks only the beginning of this debate in Australia.
Individual contracts - are emerging as a flashpoint issues. Some unions want them outlawed by a future Labor government. Others unions recognize that they are a reality and their challenge is to help their members negotiate good deals. What's your position?
AWA's or individual contracts have been used by employers as a weapon to de-unionise workplaces. They are secretive and generate divisive competition between workers. All too often they are also the tool to reduce job security through shorter term employment.
The call for the abolition of individual contracts will be a debate at ACTU Congress and if I was a betting person I would predict that the unions will determine that individual contracts have no place in an industrial relations system based on awards and collective bargaining.
Common law contracts will always be available to employers and employees as well as specific over-award/agreement arrangements where these are relevant.
You this week have come out criticising the IRC - but given we opposed the Second Wave by defending the independent umpire, isn't this a dangerous line of argument?
The Industrial Relations Commission (IRC) has a central role to play in our IR system. My criticisms this week were directed at Peter Reith who has deliberately weakened the Commission thereby undermining its' powers to set and protect standards or arbitrate protracted disputes where appropriate.
The original powers of the Commission must be restored.
Peter Reith, pretending to be the champion of the IRC, was laughable.
There was some heavily reported comments from Michael Costa when the ACTU presidency was being discussed along the lines of: if we want a figurehead to attract new members, we should be looking for a young woman. What was your take on this?
Do you think it's important to start developing younger women for future leadership roles? If so, how?
I'm not sure that Michael really thinks 45 is old but needless to say I hope that women will always be judged on their merits. Michael is right though in that we have to encourage young people to become active and take up leadership roles. I will certainly champion young women and believe it to be a central challenge for the ACTU leadership to work with unions to ensure that we can hand over a strong union movement to an upcoming generation.
As figurehead what are the messages you want to deliver to the broader public about unions? Is it about militancy?
Unions have a membership base of almost 2 million working people and their families. This is the largest representative group in Australia; thus we build from a strong base.
Unions sit at the core of their communities and the ACTU will articulate an independent voice reflective of their concerns.
Activism in the workplace and in our communities is the key to delivering safety, job security, reasonable hours and just wages and conditions. Further will pressure Governments to re-investment in essential services such as education, health, housing and transport.
What percentage of these new workplaces do we need to capture in order to have a long-term future as a movement? Could we, for instance, survive with US levels of unionization?
US levels of unionism are not where the Australian unions want to go. The union movement is a vital voice in Australia and the simple fact that wages are 17% higher for union members is indicative that 'unions work'
Before Jennie George left she floated ideas for new structures of unions - casual workers, for instance, forming their own association and then choosing a union to affiliate to. Does this idea have merit?
The Dutch unions (FNV) have a progressive sense of unity where they market a single identity for all unions. While the unions are largely industry specific and membership is directly associated with the relevant union there is a sense of pride and community in recruitment members to a broad union community. Whether this or other means is the direction we take should be the subject of debate in the interests of renewal, strength and solidarity.
Finally, what would you like to be your gauge of success as President?
I would like a little more time in the job before I determine this but in general terms I would like to see greater numbers of activists, particularly women and young people, with whom we can build a vibrant industrial and social movement in the interests of a fairer Australia where people matter most.
The Australian health care debate has often become a battlefield in which politicians, doctors, nurses, health bureaucrats and private sector companies continually exchange blows.
Many key players seek to use the debate to gain leverage for their own arguments and horror stories - and the resulting confusion is only exacerbated by news headlines which regularly announce "health crisis", "long waiting lists", "cost blow-outs" and "problems with care".
It's time to examine the true state of health care in this country: to tackle the myths about Medicare and to let the Australian public examine their health system clearly and fairly.
********
MYTH #1: "PUBLIC HOSPITALS ARE COLLAPSING."
Reality check:
Public hospitals are under stress. The latest available figures show over 5 million admissions per annum by Australian hospitals, with public hospitals accounting for approximately 70 per cent (AIHW, 1998, p198).
Between 1991-1992 and 1995-1996 there was a 22 per cent increase in public hospital admissions. At the same time, average length of stay fell from 4.8 days to 4.3 days, largely due to a greater focus on day surgery (AIHW,1998, p 200).
Public hospitals also provide over 3.4 million outpatient and emergency services per year (AIHW, 1998, p 204).
Waiting times for elective surgery have often been used as an indicator of crisis in hospitals and the figures strike a resonance with the community. No-one wants to wait when they are in need of care, although most people understand that urgent cases must be dealt with first. Despite the bad publicity, the reality is that Australia has similar waiting times for elective procedures as Canada and New Zealand. We significantly outperform the United Kingdom on waiting times. And despite popular belief, a recent survey found that overall estimated clearance times (the time it would take to clear waiting lists) are actually falling (AIHW, 1998, p 209).
Australian public hospitals are clearly not collapsing.
Some commentators say that increased patient demands and rising expectations are placing pressure on the public system. However, changes and reductions in government funding have played a major role. Neither the State or Federal governments have consistently provided an adequate growth in funding.
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MYTH #2: "AN AGEING POPULATION LEADS TO AN AVALANCHE OF COSTS."
Reality check:
National and international analyses of trends over the past ten years have consistently punctured the claim that an ageing population is the chief cause of high demand and cost blow-outs.
An OECD report of 17 countries found that through the 1980s the impact of an ageing population on the growth of health costs was at most 0.3% per annum. Projecting into the next century this same report was able to attribute - at worst - a rise in health costs of only 0.7% per annum due to an ageing population.
Comparable countries that already have ageing populations, similar to those forecast for Australia well into the 21st century, do not report health care costs higher than ours are now.
In fact, the largest driver of new and higher costs continues to be the impact of new technologies and "supplier induced demand" (Oxley & MacFarlan 1994).
Older people are getting healthier and staying healthier longer. While the elderly have always been major users of health care, the pressure on the health system due to ageing will get proportionately lighter by comparison with earlier times. (Sax 1993, Frics 1989, Rowland 1991, McCallum & Geiselhart 1996, Richardson 1999)
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MYTH #3: "MEDICARE SHOULD BE A SAFETY NET FOR THE POOR. THE WELL OFF ARE FREELOADING ON THE PUBLIC SYSTEM."
Reality check:
The strength of Medicare is that it is for all of us! Everybody pays a fair proportion, dictated by their income. The "well-off" pay more because they can afford to do so. If Medicare became only a safety net for the "poor" and the more "well-off" were "encouraged" to use the private health system and contribute less to Medicare, Australia would see the destruction of our equitable health system.
If Medicare was no longer universal, well-off people would no longer have a stake in its quality. The poor and sick would then be worse off, not better, as the level and quality of care declined. Even in financial terms, keeping the better-off people contributing to Medicare makes much more budgetary sense than any "opting out".
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MYTH #4: "MORE PRIVATE INSURANCE WILL HELP PUBLIC HOSPITALS."
Reality check:
Private health insurance contributes a very small amount to the entire health care system. It has been estimated that a rise of about 1% in the Medicare levy would easily provide the same amount of funds that private health insurance contributes to health care. Funding of the health system through private health insurance is also very inefficient.
Private health insurance companies spend 13.5% of their funds on administration whereas Medicare only uses only 3.5% of its funds for administration (Livingstone 1997). Dollars provided through Medicare therefore "buy" more direct health services.
It is important to stress that money paid by consumers to private health insurance companies does not buy health services - it buys insurance. Some of these funds go into reserves, effectively becoming "dead money" which does not produce health care.
The Commonwealth Government's recent 30% private health insurance rebate has mainly replaced $1.6 billion in private health insurance premiums previously paid by consumers. There is no guarantee that public hospital demand will fall as a result.
Public hospitals are a major supplier of some services (eg. research, emergency services, care of the chronically ill and staff training) not generally provided by private hospitals.
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MYTH #5: "INTRODUCING CHARGES FOR PUBLIC HOSPITALS WILL FIX THE PROBLEM."
Reality check:
Often people suggest that co-payments, or user charges, will reduce demand for public hospitals. However, international evidence suggests this would not happen to any significant extent. In fact, the main impact would be financial and it would hit hardest for those most in need - people on low incomes, their children and those with poor health. For more information about co-payments, see Richardson J, 1991) .
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CONCLUSION
In a modern democracy, it is inevitable and desirable that different groups will have different viewpoints. This is as true concerning health care as it is about anything else. But we can at least demand that they rely on facts not myths to argue their case. Australia's health is too important to expect anything less.
by John Graham
When one of Australia's largest and most well known companies - BHP - announced it was shutting up shop in Newcastle, and that 3000 of its workers, along with their families would be affected, the public outcry was enormous. The reaction placed a great deal of pressure on the Federal Government to act, and overcoming their initial hesitation, they acted to provide some support to the community in the region.
Now as our largest banks and insurance companies announce wave after wave of job loss and branch closure, public pressure is building for the Government to act. Since 1993, the loss of jobs from the major banks exceeds forty thousand. More than thirteen times the number of workers and their families than the number affected at BHP have been thrown out of work by these employers, and those that are left have had to pick up the extra workload.
In response to this emergency situation the Finance Sector Union this week launched a Save our Services tour of regional Australia. The FSU rescue vehicle is a reconditioned ambulance, with the story of the last seven years painted on its side - 2000 branches closed, 40000 jobs gone, $40 billion profit. The ambulance and FSU members and organisers who are travelling with it will be stopping in towns across the country, visiting members in their workplaces, collecting petitions, speaking to local councils and MP's and holding town meetings.
We will be collecting the stories along the way of bank workers and community members affected by the wholesale withdrawal of access to financial services that is occuring, and many of those will be reported in Workers Online as we go.
The message to the government from the community has been that the closures have to stop. The FSU has pointed to examples from the United States and elsewhere, showing how Governments can act protect the community and enforce the community obligations that banks have. The Community Reinvestment Act in the US is the most prominent example - a scheme which rates and rewards those employers who take the needs of the community into account.
Just as in Newcastle, a government which is slow or hesitant to act will find it can only delay, not resist, the public pressure to curb the behaviour of some of Australia's largest and most profitable companies.
by 'Sharing the Work, Sparing the Planet'
In Europe, where for some time now the examples of shorter workweeks, lengthy vacations, and other work-time measurers have compared more than favourably to standards in North America, a wide range of WTR options and innovative combinations of policy tools are at work.
In the late 1990s many European countries were posed to widen the gap even further. The 1997 French decision to legislate a 35-hour workweek was not only one of the most important work-time developments in recent history, but also set off a significant new wave of demands for WTR across the continent.
The 1997 announcement of a 35-hour plan was not the first bold WTR initiative in France. In 1936 Leon Blum's Popular Front government cut the basic workweek from 46 or 48 hours to 40 hours with no loss in pay and introduced two weeks' paid holiday. (The concept of paid vacation was so radical at the time that it took a year or so for the idea to sink in and for workers to begin taking full advantage of the new right.)
Years later, in 1982, Francois Mitterand's Socialist government legislated a reduction of the workweek from 40 to 39 hours, as well as adding a fifth week of paid vacation. However, a campaign promise to further reduce the workweek to 35 hours was never implemented. The small reduction in work time had a relatively disappointing effect on employment (estimated at 14,000 to 28,000 new jobs created, or 50,000 to 100,000 jobs including layoffs avoided). Critics also made much of the legislated imposition of a single model on all firms.
WTR largely disappeared from French public policy debates until 1993, when it re-emerged as an option to deal with skyrocketing unemployment. Advocates now emphasized taking the government savings that resulted from the hiring of new workers and using those savings to lower the payroll taxes of companies that reduced hours and hired more people. A small financial incentives package, introduced by the right-of-centre parliament in 1993, was greatly expanded in the 1996 Robien Law, named after the conservative parliamentarian who sponsored it. The legislation provided significant reductions of social security payroll taxes for firms that reduced work hours and increased employment by at least 10 per cent, and even greater incentives for firms that reduced hours and increased employment by 15 per cent.
Within two years 2,000 firms had taken advantage of the Robien incentives to introduce 35-hour or 32-hour weeks (with one in four agreements leading to a 32-hour week). Some 355,000 employees had their work hours reduced, 25,000 jobs were created, and a further 17,000 layoffs were avoided. Like the 35-hour law that followed, the question wage levels was left to negotiations between employers and employees. The payroll incentives, combined with the opportunities created to reorganise production and increase productivity, made it possible for work time to be reduced with little or no loss in pay. Of the first 1,500 Robien accords, 44 per cent led to shorter hours with no loss in pay; 18 per maintained pay levels, but with a temporary salary freeze; and 37 per cent saw a less than proportional loss in pay.
In only one per cent of cases did shorter hours come with a proportional loss in pay. Although the French Democratic Labour Confederation (CFDT) praised the law, the more left-leaning General Confederation of Labour (CGT) criticized it for being too generous to employers. The president of the Employers Group of the Port of Marseilles called the Robien Law "the best law that we have known in recent years".
The Robien Law experience was of great importance in creating a climate of public opinion favourable to a more ambitious work-time initiative. The 2,000 applied cased demonstrated that WTR could indeed create jobs, that neither employers nor employees had to make unacceptable financial sacrifices, and that WTR was possible in different sectors, professions, and firms of all sizes-half the deals were reached in forms with less than 50 employees. The experience also generated valuable learning about how to reorganise work in response to shorter hours in different types of firms.
On June 1, 1997, a Socialist-led government, in coalition with the Communist Party and Greens, came to power in France on a platform highlighting a 35-hour workweek with no loss in Pay. That October Prime Minister Leionel Jospin made good on the commitment with the historic announcement of the plan. The initiative combined legislation and financial incentives, and collective bargaining on the sectoral and workplace levels would adapt WTR to the realities of business and the preferences of workers. The decision had a ripple effect, helping to push WTR towards the top of policy and collective bargaining agendas in other European countries.
The French parliament passed the first of two 35-hour laws, the Aubry Law, in June 1998. Its main points:
- A 35-hour workweek would become the legislated standard on January 1, 2000 (2002 for firms with fewer than 20 employees). Hours above 35 would be considered overtime.
- Companies that reduced hours and hired more workers would be provided with financial incentives in the form of lower employer payroll taxes. The sooner a firm reduced hours, the more generous the aid. For instance, a company that reduced hours before July 1999 by 10 per cent (for example, from 39 to 35 hours) and hired 6 per cent more workers would receive 9,000 francs (C$2,108) per employee in the first year and 8,000 francs, (C$1,874) in the second, declining gradually to 5,000 francs (C$1,171) in the fifth year.
- An additional 4,000 francs (C$937) per worker would be provided to firms that reduced hours by 15 per cent and hired at least 9 per cent more workers.
- Additional aid would be provided to firms that were labour-intensive had a high percentage of low-wage workers, or took on a high percentage of young people, disabled, or long-term unemployed.
- After five years the government would provide a permanent "structural aid" of 5,000 francs (C$1,171) per worker to firms that reduced hours to 35 or less, without any hiring conditions.
- "Defensive" company-union agreements that saved jobs in firms with economic difficulties would also make a firm eligible for the financial incentives.
Despite the Socialist electoral campaign slogan of "35 hours, paid 39," the law did not specify wage levels. Details like wages and linking shorter hours to more flexible work organisation were left to collective bargaining.
Workplaces could implement WTR in a way to best meet their needs. For example, a 35-hour week could be spread over four or five days, with alternating four-day and five-day weeks, or it could mean "annualised" reductions, such as additional days off (roughly 23 per year) and extended vacations.
In autumn 1999, after a review of workplace negotiations up to that point, a second law would determine important remaining details such as the treatment of overtime hours.
The plan's financial incentives were designed to allow WTR to be implemented with little or no loss in pay for workers and without creating excessive costs to business. However, salary moderation, in the form of diminished pay increases or wage freezes, was expected a productivity gains over a number of years were to be used to finance the reduction in hours. Efficiency gains from greater flexibility in work-hour scheduling and the reorganization of work were to be another possible way for business to limit cost increases.
The French National Employers' Confederation (CNPF) bitterly opposed the 35-hour law, claiming that it would create new costs for business, deter investment, and hinder job creation. Despite the apparent flexibility of the 35-hour law, the CNPF made full use of its rhetorical arsenal, calling the legislation "anti-economic," "archaic," and "ideological." The CNPF president, Jean Gandois, resigned after the law was announced, saying he had been "duped" and should be replaced by someone with more of a "killer" instinct. (Interestingly, Belgian steelmaker Cockerille Sambre, whose CEO was the same Jean Gandois, moved from a 37-hour to 34 hour week without loss in pay in 1997). The CNPF later softened its stance somewhat, resigning itself to dealing with the law and leaving its member firms and sectoral employer organisations to negotiate as they saw fit.
In some cases companies followed up with aggressive campaigns, threatening to terminate existing collective agreements to "neutralize" the effects of the law. Other French firms found that they could derive benefits from shorter work time by linking it to company reorganization and modernization. The CNPF's new president, Ernest-Antoine Selliere, admitted in 1998, "There can even be cases, I don't deny it, where, thanks to the 35-hour week, the organization of work, working conditions or productivity will improve."
France's labour unions have generally been supportive of the 35-hour initiative, with some differences of opinion on key issues. The French Democratic Labour Confederation (CFDT), the labour organization most strongly behind the government's plan, has tended to echo the government's position, emphasizing the potential for "win-win-win" solutions benefiting employees, employers, and the unemployed. The CFDT supports 35 hours as a first step towards a 32-hour week and has been open to salary moderation and possibly even some reduction in pay for those with above-average incomes, if WTR could be linked to new hiring. It sees a loss of pay for workers as "neither automatic, nor excluded." The CFDT has been more willing than other unions to put employment creation ahead of wage gains for its members. It has also been relatively open to greater work-time flexibility in return for shorter hours.
The General Confederation of Labour has also supported the 35-hour initiative, which it believes could be a "rejuvenating experience" for the union movement and an opportunity for a major social advance. However, the CGT, with links to France's Communist Party, went into the 35-hour project rejecting wage and flexibility concessions in return for shorter hours. It aimed to "create jobs, raise pay, and transform work" through the implementation of the 35-hour week. In 1998 the CGT stated, "The reduction of work time cannot be done to the detriment of workers. There is no question of the CGT accepting any wage freezes, especially for firms making profits." As implementation of the 35 hour law progressed, however, a convergence between the CFDT and CGT was increasingly evident, including joint action in negotiating with employers. The CGT also began moving from a unionism of "protest" to one of "proposal" and acknowledged that it was prepared to discuss certain forms of flexibility, like the calculation of work hours on an annual basis.
The debate over the 35-hour week in France has been dominated by employment concerns and the related issue of maintaining a cohesive society. Secondary issues have been the linkage of WTR to more flexible hours and increased productivity through work reorganization, and the generation of more free time for workers. Ecological issues have not been at the forefront of the discussion-even though the Green Party and green intellectuals have long been among the most persistent supporters of WTR, keeping the flame alive in the late 1980s and early 1990s when many, including the Socialists, had abandoned the idea. The Greens also played an important role within the Jospin government in pressing for the honouring of the 35-hour election promise, and they have called for a further reduction to 32 hours early in the new millennium. They have also worked with Green parties in other countries to apply WTR across the continent, in parallel to the efforts of trade unions to generate European-wide movement.
by Neale Towart
The federal government (and Mark Latham) likes to talk about reciprocal obligation and mutualism. They are constantly searching for new ways to impose obligations on those people who don't fit into their narrow economistic view of the world.
A recent survey by the Australian Bureau of Statistics (ABS) the amount of volunteer community work done in Australia at present shows that community obligations are already a big part of life for many people in Australia. This is not because of pressure from authority to "make a contribution", but because many people enjoy taking part in their community, from a position of security within it, not because the "obligation" is imposed upon them from on high.
The 1998-99 Work in Selected Culture/Leisure Activities survey was released by the ABS this month. There were 3.5 million people (25% of the adult population) involved in the culture leisure industry. 2.2 million did not receive any payment for their work while 1.3 million received some payment. The mean annual income for all involvements was $10,700.00, while the median was $3,400.00. Of the activities covered, print-making had the highest mean income of $23,400.00.
All this is not indicative of slave labour but of the huge amount of volunteer activity which goes on in organising such community events as festivals and fetes; designing and writing materials for these; community newsletters, voluntary stewarding at art galleries, museums and gardens. Other activities covered by the survey also included, writing and publishing, music, performing arts, art, craft and design, film and video production and cinema, radio and television, teaching arts and leisure activities, and arts organisations.
Only 25.2% of the 142,100 people involved in radio were paid anything at all.
Of the 108,300 people teaching culture and leisure activities at schools, 67,200 were paid ie Over one third of teachers in culture and leisure activities at secondary school were not paid.
45.8% of people who did work in a library or archive were unpaid.
83.2% or museum workers and 66.7% of art gallery workers were unpaid.
The social fabric already depends to a great extent on people being willing and able to get involved in community activities out of a sense of pride and citizenship. Citizens are also aware of the need to pick up where the government has failed in its obligations.
by Jim Andrighetti
In addition to the labour archives already mentioned are the extensive archives of various trade unions, professional associations and employer organisations. Further details about these holdings are located in my article. The earliest records are of a craft union, the Sydney Progressive Society of Carpenters and Joiners, established in 1853, and one of the original affiliates to the TLC. Included are minute books, 1851-4, 1871-80, and records of an early carpentry union during a strike in 1846.Minute books, 1870-1906, are held of the United Laborers' Protective Society (ULPS), the oldest labourers' union in NSW, established in 1861. In 1972 the Library acquired the records of the Boilermakers and Blacksmiths' Society of Australia, prior to the Society merging with the Amalgamated Engineering Union and the Sheet Metal Workers' Union to form the Amalgamated Metal Workers' Union. The papers of trade unionists include those of George Waite, Secretary of ULPS and a member of the Sydney IWW; Frederick Hancock (Federated Ironworkers' Association); and Jim Healy (Waterside Workers' Federation).
Between 1987 and 1992 the Communist Party of Australia deposited its archives in two large consignments. Their accessibilty to researchers has facilitated the investigation of topics and issues previously under-sourced. Within a relatively short time, this research has translated into a shelf of papers, theses, articles, and books, chief among these being the first part of the Party's official history, The Reds by Stuart Macintyre, published in 1998.
Historians such as Barbara Curthoys and David McKnight have generously donated to the Library the spoils of their research trips to Russia, being the microfilmed holdings of communist archives relating to Australia. The fruits of Glasnost in the former Soviet Union include Comintern records on microfilm now available in the Sir William Dixson Original Materials Reading Room. In many cases, these records feature the only extant copies of periodicals of CPA-related and influenced organisations during the 1930s.
When the Berlin Wall came down, a direct consequence for the Mitchell Library was the arrival in 1995 of the papers of Professor Frederick Rose who died in 1991. He was an English anthropologist who conducted pioneering work on Aboriginal kinship and became a casualty of the Petrov Royal Commission. He left Australia in 1956 for an appointment at Humboldt University in the GDR, where he lived for the rest of his life returning only periodically to Australia. During those visits back to Sydney, he stayed at the Bronte home of his longtime friends and fellow comrades, Frank and Pat Graham; their papers were presented to the Library in 1989. From the early 1970s Rose had donated to the Library discrete collections of his researches. He was favourably disposed to the Library as the furture repository of his papers. The last years of the Honecker regime in East Germany were an anxious time for Rose, who anticipated difficulties in getting his papers released for despatch to Australia. A significant component of the papers is in German.
The cultural diversity of NSW is increasingly reflected in our collections. However, this was not always the case. In 1989 The Italians in NSW Project was established as a collaborative venture between the Library and various Italian community groups. It aims to collect, preserve and make available for research the documentary record of the Italian presence in NSW. The Project was conceived in an attempt to redress the balance in our holdings relating to Italians and their contribution to Australian society, in order to render the historical record a more representative one.
Collections range from the small and piecemeal to the voluminous and complex, typified by the personal papers of legendary Sydney radio broadcaster, Mamma Lena Gustin. Bilingual researchers would reap a harvest by consulting one particular series of Gustin's papers. In the late 1950s to early 1960s she wrote for the local Italian newspaper La Fiamma. One of her columns solicited from readers accounts of their arrival and adjustment to Australia. The unexpurgated original letters are intact with, in some cases, her edited versions for publication. Several thousand letters constitute a unique source, which can be analysed on a range of fronts, eg. gender, province/region of origin, and class. They also provide evidence of Italian expatriates who came from North Africa, although in insignificant numbers compared to the majority of their compatriots who originated from the Italian peninsular and islands. As long as such voices as the above correspondents remain muted and undiscovered, it is easy to see how an ethnic group can be marginalised from the recounting of Australian history.
The Library's acquisition of such Italian archives will be of interest to researchers working in wider areas of study, not just Italian migration. More representative local histories are just one example. A recent thematic history has utilised the papers of Franco Battistessa, the doyen of Italian journalists in Australia from his arrival in 1928 until his death half a century later. His papers were presented to the Library by his widow and son in 1991. Andrew Moore made use of Battistessa's papers for his book, The Right Road ?: A History of Right-Wing Politics in Australia (OUP, 1995). Battistessa was one of the leading Italian Fascists in Sydney between the wars. A longtime champion of migrants' rights, after the war he maintained close ties with the MSI, the ultra-conservative organisation in Italy. Moore's book draws Battistessa in from the fringes to the mainstream of Australian history, and is suggestive of the wider historical application of the Library's Italian collections.
The most significant Italian accession in the past couple of year has been the papers of an Italian Jewish refugee family in Australia during World War II. Their experiences contribute another chapter to a small literature on the diaspora of Italian Jews to Australia as a result of Mussolini's racial decrees. Italian Jews also played a seminal role in the formation of the wartime Italia Libera: Australian-Italian Anti-Fascist Movement (NSW State Committee), whose records were acquired by the Library in 1992 shortly after their discovery during the refurbishment of a house in Surry Hills. Italia Libera focused on two key issues: the release of anti-Fascists from internment camps, and the economic discrimination of anti-Fascists, conscripted by the Allied Works Council into the Civil Aliens Corp, who were subjected to lower rates of pay and worse conditions than Australians employed on similar work.
Since late 1993 our archival holdings have been catalogued into the PICMAN Database, available on the Library's web site at http://www.slnsw.gov.au/picman . Researchers are kept up to date about recent accessions, loaded usually within a short time of a collection's receipt into the Library. They are also privy to the detailed listing of collections from the small, in some cases one item such as a letter, or diary or illuminated address, to the large and complex with several series, all navigable at the click of a mouse. PICMAN's keyword searching facility is impressive, enhanced by the easy tracking of the keyword which appears in stand-out red against the normal black text. The keyword can be in any part or field of the record description, for example, in the title, or biographical note, contents description or even the Library of Congress topic heading. The Advanced search strategy enables you to further refine your search, say, by geographical area or by format such as manuscript or posters or photographs or sound recordings for the oral historians among you.
It seems an appropriate opportunity to highlight a few relevant collections that are described on PICMAN:
1. The papers of Eleanor Mary Hinder were deposited in several consignments in the Library between 1963 and 1975. Hinder broke new ground in industrial welfare in Sydney before she went abroad in the early 1920s to develop her expertise in this field, and to administer humanitarian and technical programmes in China and Southeast Asia. She was Chief of the Industrial and Social Division of Shanghai Municipal Council from 1933 to 1942, fleeing to Britain when the Japanese overran the city. She was prompted about the importance of preserving her papers at a talk in the early 1960s by one of the State Library's senior and distinguished staff, Jean Arnot. Jean, a longtime campaigner for equal pay for women and wage justice, had been speaking on the dearth of professional women's papers in the Mitchell Library. Her own papers were bequeathed to the Library.
2. Since 1995 several collections relating to the Dreadnought Scheme have been received. The Scheme allowed for unemployed British youth to make a fresh start in Australia. The first Dreadnought Boys arrived in 1911 and the last lot came out in 1930. On arrival in Sydney they were sent to government-run farms at Yanco, Cowra, Arrawatta, Glen Innes, Grafton and Wollongar. More than half of these migrants went to Scheyville near Pitt Town. At the farms agricultural skills were taught and after three months the boys were sent to any farms in the state requesting labour.
3. Among the papers of trade union officials are those of J. R. (Jack) Hughes, who was co-founder during the war of the left-wing State Labor Party (NSW), which officially amalgamated with the CPA in 1943.The papers of Cecil Thompson (Charlie) Oliver, longtime Secretary of the Australian Workers' Union (NSW Branch) and former President of the ALP (NSW Branch), were presented to the Library in 1998 by Olivers' personal secretrary, Necia Ann Holloway, a third-generation member of her family to work for the AWU.
4. The bete noir of communists and left-wing activists in Sydney from the mid-1940s to late 1970s was the Liberal Member for Manly, Douglas Darby. The papers of this parliamentary backbencher and staunch anti-Communist document his vigorous campaigning for the causes of Free China and the Captive Nations in the Communist Bloc. He was President of the Captive Nations Council of NSW from 1968 to 1978. Records of that organisation were transferred from the Estonian Archives in Australia at Surry Hills to the Library last year. During World War II Darby was founder of the British Orphans' Adoption Society, whose records are preserved with his papers. The Society was a voluntary organisation which pioneered the idea of evacuating British children and introduced the principle of legal adoption of migrant orphans.
5. A small consignment of her papers of Labor activist and feminist, Eileen Powell (1913-1977), was received last year and complements earlier holdings which came in 1978 with the papers of her husband, the long-time Sydney Morning Herald industrial roundsman Fred Coleman-Brown.
6. The papers of politician, barrister and anti-nuclear campaigner, Edward St John (1916-1994)
7. Anti-Apartheid movement records, largely presented by the Estate of Hazel Rose Jones, an inveterate activist on social justice and humanitarian issues from the early 1960s until her death in 1989. Apart from her personal papers, there are the records of the Southern Africa Defence Aid Fund in Australia (SADAF) and Friends of Africa.
8. The papers of Trotskyist, trade unionist and Leichhardt councillor, Nick Origlass (1908-1996)
9.The records of New Theatre (Sydney Branch)
10. A number consignments of the papers of Communist activists, Jack and Audrey Blake
11. The records of the Gay Trade Unionists' Group (NSW), 1974-1982
I'm currently working on the papers, including voluminous correspondence, of Roderick Shaw (1915-1992), artist, book designer, civil libertarian and ex-Communist. He was a partner in the distinguished printing and publishing firm of Edwards and Shaw from 1947 to 1983. In 1961 the firm challenged book censorship in this country when it undertook the Australian printing of The Trial of Lady Chatterly, a banned title. Shaw was a foundation member of the Studio for Realist Art, Artists for Peace and Artists against Nuclear War, and a lecturer in drawing and painting in the Wharfies Art Group.
Finally, the Library actively promotes the writing of Australian history from original sources through the annual Currey Memorial Fellowship Award, established by the Library Council of NSW in 1974. The 1998 recipient, and the oldest at 82, was Issy Wyner, one of Sydney's indomitable labour figures and political soul mate of Nick Origlass. Issy's entire working life revolved around the Ship Painters and Dockers' Union, first as a rank-and-file member then as its Secretary. In 1983 he published With Banner Unfurled, a history of the early years of the Balmain Labourers' Union, the direct antecedent of the Ship Painters and Dockers' Union. He is carrying out research for his history of the union from 1900 to 1930. The key sources he will be using are the union minutes which he had deposited in 1977.
[Jim Andrighetti is a manuscripts librarian in the Mitchell Library, State Library of New South Wales. His professional interests include labour history and the documentary heritage of Italian Australians of NSW. He is a Parramatta Eels supporter nostalgic for the halcyon days of 'The Crow' and 'The Guru'.]
The first part of this paper can be found at
http://workers.labor.net.au/46/c_historicalfeature_library.html
A new draft of the Labour Code will be placed before the state Duma for consideration in May 2000.
One of three versions, which were worked out by different working groups, will be submitted for this consideration. The inter-fraction parliamentary group Solidarnost, which is formed by trade union leaders elected to the State Duma, discussed the draft on March 15.
At the meeting it was pointed out that all three versions were worked out without any participation of trade union representatives and have a lot of serious shortcomings.
Even the fundamental demand for the elimination of all forms of forced or compulsory labour is insufficiently developed in the Labour Code. Besides this a lot of rights of working people and social guarantees are ignored. In comparison with the Soviet-era Labour Code, which is still currently in force, the new draft will give employers more opportunities to dismiss workers.
There are no guarantees and compensations for those who work in difficult conditions in the North, Far East and Siberia regions. The draft Labour Code limits trade union rights to represent workers in state structures. Implementation of the new Code will cancel the obligation of firms to provide workers organisations with office space and other necessary capacities for maintaining trade union work at the company level.
The Federation of Independent Trade Unions of Russia (FNPR) is campaigning against the adoption of this version of the Code. From the point of view of FNPR and its affiliated unions this draft gives employers the way to get super profits by means of cutting down the cost of labour and increasing exploitation.
Earlier this year FNPR suggested to the Government of the Russian Federation that they should form a federal commission for the revision of the draft Labour Code. In the opinion of FNPR, representatives of legislative, executive and judicial authorities, trade unions and employers' organisations, major scientific and educational institutions have to be involved in this commission's work to create a new version that would enshrine in legislation the fundamental rights of workers
by Ian Ferguson
Laurie Aarons' book Casino Oz: Winners and losers in global capitalism (Goanna Publishing, Sydney, 1999) is another of the mass of 'left-wing' critiques of globalisation produced over recent years. In it, Aarons provides a
relatively detailed and statistically well substantiated account of the reduction in living standards and social welfare suffered by the 'people' of Australia since the 1980s. However, this quantitative assessment constitutes the greatest depth achieved by Aarons' analysis.
The old unsophisticated utopian call for 'justice and equality' is the limit of Aarons' response to globalisation. Everyone hurt by commodity relations will join in the chorus for justice. Everyone who is poor or feels disempowered will call for an end to inequality. These stock reflexes, the rhetoric of 'left-wing' activism, do not however manifest either an analysis or solution to the needs of wage-earners.
While we agree essentially with Aarons practical response to the falling standard of living, that we must (1) "tackle the task of creating jobs", (2) "redistribute wealth by a radical tax reform" and (3) "raise labour's share of
GDP at the expense of capital's by raising wages" through " ...A popular [!?! - a very ambiguous term at best] movement [that] can and should be built" (Aarons, pp. 111 - 116); we see such proposals, which are the limit of Aarons' policy initiatives and strategy, as extending no further than the post-war reform agenda of Keynsian economic policy and trade unionism. If one wishes to address the new problems of the global economy, a much better strategy than an appeal to return to the past is required.
The profit motive cannot be abolished arbitrarily due to the will of 'the majority' alone, especially if the majority are not conscious of their economic position and interests as wage-earners, or do not have an independent
political organisation aimed at influencing public policy, and ultimately taking power democratically and forming governments. That is the only certain way to gain "an effective say in deciding social goals and public policy, not just [having] the right to vote every few years..." (Aarons, p. 111). The point is not to fight globalisation, but to understand it in order to advance the interests of wage-earners.
If one understands globalisation in terms of the further development of commodity relations and the growth of 'world-history', wherein there are no longer merely 'local' events and social conditions are becoming universal, it can be seen as ultimately favouring the interests of wage-earners. The accumulation of capital and concentration of ownership are inevitable consequences of the development of the 'free-market' system. This is not a product of the machinations of global capital, but in spite of them. It is not globalisation that has made capital aggressive and 'greedy', but the nature of capitalism itself - this is not new (see Karl Marx' writings of 1844 and 1848).
The essential condition for the existence, and for the sway of the bourgeois class, is the accumulation of wealth in the hands of private individuals... the condition for capital is wage labour. Wage labour rests exclusively on competition between the labourers. The advance of industry [e.g., globalisation], whose involuntary promoter is the bourgeoisie, replaces the isolation of the labourers, due to competition, by their revolutionary combination, due to association. The development of modern industry, therefore, cuts from under its feet the very foundation on which the bourgeoisie produces and appropriates products. What the bourgeoisie, therefore, produces, above all, is its own grave-diggers. Its fall and the victory of the proletariat are equally inevitable.
Thus, what is new under globalisation is the break-down of nationally based 'social contracts' in the developed nations through the expansion of the global labour market, the increased international socialisation of the production process and the fluidity of finance capital. This means that more of the world's population is entering the wage-earning class and the common struggle against capital's exploitation is widening globally.
Immediately, this means increased power to 'global capital'. However, this qualitatively new economic and political environment must cause the wage-earners' movement to adapt and change into an independent international political force far beyond its nationally based predecessors (in organisation, strength and experience). It would serve Aarons and his kind well to investigate the historical process and economic system in greater depth, rather than rely upon old style 'left-wing' rhetoric alone. All too often have 'left-wingers' obfuscated the essence of the wage-earners' position with utopian demands. Simply, as opposed to demagogic calls for 'justice and equality', the basis of Democracy International's position is that, " The history of all hitherto existing society is the history of class struggles... the first step in the revolution by the working class, is to raise the proletariat to the position of ruling class, to win the battle of democracy. "
This goal requires a thorough understanding of reality and achievable strategies, not ambiguous calls for "people's action".
Lastly, a note regarding Laurie Aarons' background as the national secretary of the Communist Party of Australia (1966 - 1976); the world communist movement was a virulent opponent of working class democracy and supported a system that brutally oppressed its own working class (i.e., the Soviet Union). Under the guidance of the USSR, the world's first fascist state, the Communist Parties of the world split the wage-earning class, undermining its cohesiveness and putting the international wage-earners' movement back many decades.
Thus, any ambiguity regarding the opposition to 'big capital' and the democratic form of organisation necessary for its success can only be counterproductive. Although the general interest of 'the people' is opposed to
capital, it is only the wage-earning section of society who can provide the political organisation needed to overcome it - and this must be democratic (in form and means).
by The Chaser
The Western Australian Premier, Richard Court, has approached the Pakistani government to learn more about their justice system after a Pakistani court passed a sentence which will see convicted murderer Javed Iqbal strangled, cut into 100 pieces and dropped in acid.
Court is reportedly scouring the legal systems of the world looking for a new 'tough on crime' policy to bring to the upcoming Western Australian election.
Polls show that the state which first brought mandatory sentencing to Australia in 1996 is now ready for a new approach to making its voters feel like crime is being dealt with.
"Mandatory sentencing just isn't working. Hungry people just continue to steal food no matter how long we put them in jail, and it's time to get tough," said Premier Court to a bloodthirsty crowd of Western Australians.
"Perhaps these people will think twice if they know that they will be strangled, cut into a hundred pieces and dropped in acid."
Initial polling has shown that the electorate is broadly in support of the new sentencing approach, especially in property crimes.
"I think a bit of being chopped up and put in acid should rehabilitate those Aboriginals," said Peggy Johnson of Perth. "Not that I'm racist or anything I just want them to stop stealing our property. I mean you don't see us stealing their property, do you?"
The Labor party in Western Australia has decided to follow their Federal counterparts and take a strong stance against the new sentencing laws despite the strong support in the community. "We think that strangling and cutting up is enough," said WA Labor leader Dr Geoff Gallop. "Acid costs too much. It's just another drain on taxpayer's pockets. It may even have implications for those whatchamacallit things .. um .. human rights."
Meanwhile representatives of the Pakistani legal system have reacted with shock to Richard Courts' slated use of their sentencing approach.
"I believe Mr Court has missed the fact that our sentencing is based on the "eye for an eye" principle. The sentence against Javed Iqbal is because he strangled, chopped up and placed his 100 child victims in acid," said Judge Allah Baksh Ranja , who initially sentenced Iqbal.
Mr Court reacted angrily to the suggestion that there was any validity to the 'eye for an eye' approach. "What kind of savage nation implements an eye for an eye approach? You've only got two eyes, whereas under our legislation it's three strikes and you're out. Plus, we're dealing with hungry people here. What do you expect us to do when we try to sentence them - go ahead and eat them right back?"
Preliminary enquiries have already sourced a reliable second-hand supply of acid from the South Australian town of Snowtown, which is proven to decompose human flesh. Members of the WA Liberal party have rallied behind Court's plan. "Besides, a good strangling never did my wife any harm," said former Federal Liberal MP Noel Creighton-Browne.
The Role of the South Coast Labour Council
The SCLC is a peak regional council of unions. Its affiliates, are in the main, local or state branches of unions. The SCLC is not a union in its own right, in fact it is not a registered industrial organisation. The SCLC is an unincorporated association whose primary role is to represent its affiliates and their interests. Whilst this may seem obvious to many, it has often been a contentious issue on the South Coast.
There needs to be a re-focussing on our primary tasks of assisting and representing South Coast unions in their campaigns. The grievances of individual workers can no longer be handled directly by the SCLC, they should be referred to the relevant union. In a nutshell, what I am saying is that the members of the SCLC are the affiliated unions, not individuals. The best way to maintain and strengthen the autonomy and effectiveness of the SCLC, therefore, is to strengthen the role and participation of the affiliates themselves in the organisation.
The SCLC needs to demonstrate its capacity to assist South Coast unions in their day to day work and in their respective priorities as well as to pursue the bigger regional agenda. Below are some ideas on these two issues.
Organising
The SCLC must, in consultation with its affiliates, address declining union membership on the South Coast. At a time when our affiliates are embracing the organising model, the SCLC needs to develop a program of activity to assist them in their organising strategies. This can be done in a number of ways including targeted industry-by-industry campaigns and using the SCLC as an institution to promote unionism in the region, through the media, community forums and the education system. It is very apparent that our activist base is getting older, we need new and younger blood if we are to maintain and improve our level of activism and to make our organising strategies effective.
Regional Development
The Illawarra and South Coast, particularly since the decline of the heavy industrial and related sectors has experienced relatively high rates of long term and youth unemployment. Unfortunately, even when the national economy surges the South Coast does not seem to get anywhere near its share of employment growth. Without going into a detailed analysis here, the point is that the SCLC is in a good position to again intervene and play a key role, as it has done in the past, in the regional development agenda. Where alliances for productive, employment generating investments in the region can be formed with the community, government and business interests, they should be actively pursued.
For example, the State government has set aside $10m to assist in the attraction of employment generating investment to the region. By being involved in this process and in the planning of our region's development more broadly, the SCLC will also be able to promote union friendly practices in emerging industries.
Whilst there are many opportunities that need to be explored, upgrading the transportation infrastructure is a necessary component of any medium to long term regional development plan for the region. Basically we need to move our products and our people faster. It seems crazy that more than 16,000 workers who commute from Wollongong to Sydney daily can spend 3 hours of their time each day on a train that travels 80km each way. Cutting travelling times by half, whilst ambitious, will not only assist commuters but will undoubtably lead to significant new investment in the region.
Another area that should be targeted is the communications and IT industries. Apart from being potentially high value adding and growth industries, our region already has an R&D base at the University of Wollongong and a skilled pool of labour as well as plenty of relatively cheap industrial land.
Beyond 2000
The SCLC has a proud history of militant union activity. In recent times, faced with an ideological and legislative attack particularly from the Federal Government, the movement on the South Coast has been very good at organising opposition to these attacks on workers and their unions. Unfortunately, whilst the movement has been quite good at campaigning and telling the broader community what it opposes, in recent times, the SCLC has not been as good in saying what it actually supports, what it does stand for.
As a consequence, the SCLC projects an oppositional or reactive image of itself to the community. As hard as it may be in these times, the SCLC needs to move back to the front foot. We need to engage ourselves in the debates, forums and decision making structures in our community. We need to be and be seen to be part of our communities' structures rather than being alienated from them. We live in a 'union town' we should be exercising our leadership role.
That is how the SCLC entrenched itself as a powerful, autonomous and broadly respected institution on the South Coast over the last century and I believe that with those same principles, albeit with new strategies for our times, that is how we should proceed into the new millennium.
Needless to say, the views expressed here are my own (not of the Council) and are intended to be a contribution and perhaps a 'kick-start' to the debates that will occur on the South Coast in order to rejuvenate the Council and maintain unity in the movement.
Watching a team grow into greatness is a special experience for the sports fan.
But there's a downside to Australia's relentless annihilation of the other cricketing nations. One-sided massacres tend to get a bit boring after a while and a champion team needs genuine contests to seize the glory.
Steve Waugh's team is nearly there but they need a good workout to prove the point.
So what is to be done? - as a well known Russian used to say - to stiffen up the opposition, extend the champs and maximise the talent strutting the international stage.
A masterplan is needed to save international cricket. Here are some ideas:
An international draft
The Carlton football club's motor mouth (and foreign exchange expert) John Elliot has always branded the AFL's draft as socialism -arguably a good reason for having it. But a better reason is that has produced an even, fiercely contested and unpredictable competition which keeps fans hooked year in and year out. Just what test cricket needs!
Think of the wasted talent now denied an international stage to strut their stuff due to the phenomenal depth in Australian cricket: Darren Lehmann, Mathew Elliot, Stuart Law, Jason Gillespie, Stuart McGill et al.
Sure fans would be outraged at first if they were drafted to other international teams but with their notoriously short memories they would soon get used to it. Who in Sydney remembers Plugger used to play for North Ballarat?
Anyway if he was well disguised in the appropriate head gear, Darren Lehmann striding out to the centre would just look like a Sikh version of Inzamam Al-Huq. Soon people would just assume he always came from the Punjab.
After several games and a swag of tons by Mathew Elliot in a Black Cap, you'll be hearing comments from Australian fans like: Didn't that Kiwi wanker use to play club cricket in Victoria?
And you can always rely on the media to muddy the water. Take Mathew Sinclair. After scoring a double century on debut the Australian media couldn't stop pointing out his Katherine roots. After a string of failures he's definitely a Kiwi.
Neutral Greenkeepers
Home advantage is too great in cricket and there's a need to level the playing field for the touring sides. Look at how much trouble visiting sides have adjusting to the bounce of Australian wickets. Modern demands have touring teams playing the tests almost as soon as they get off the plane. By the time they are getting the feel of the different conditions on the third day of the third test the series is already over.
Get an Indian groundsman to prepare the WACA wicket as he wishes! That should inject a delicious element of unpredictability into the game.
Unlimited use of the bouncer
Only two bouncers per over is bullshit. This is a dumb rule. It was only brought in to curb the awesome track record of the West Indies in the 1980s and 1990s.
It is an outrageous class-based ruling in favour of those bohemian sportsmen - the batsmen. Bowlers are the real workers in cricket and they have been denied a legitimate weapon in their arsenal.
I will digress for a second. This assertion - bowlers are working class, batters bourgois is actually based on historical fact. Apparently in its early days it was a common occurrence for poncy aristocrats to pay the burly local miners/labourers/farm workers to hurl the ball down at them while they decadently swatted them around the park.
Fast bowlers have legitimate historical and class-based reasons to be angry. Denying them one of the few rights to express themselves is like denying a worker the right to strike. It's unacceptable.
The Total Abolition of One Day Cricket
A contentious idea I know but one day cricket is so one dimensional and forgettable. With the odd exception like the world Cup semi against South Africa they all blend into one another. It develops bad habits in players. And worst of all it is a batsman's game!
Imagine making up rules to protect someone like Michael Bevan. A man who would whither under a Curtly Ambrose stare. Bevan would be walking back to the pavillion before Shoaib Akhtar reached his mark in over one in a genuine contest.
And he's meant to be the world's best one day player! To hell with that. Scrap the game.
Safe Design Project
The Safe Design Project was started by the National Occupational Health and Safety Commission in 1998. It is an initiative that aims to encourage target groups to return to the drawing board to focus more on designing out or reducing hazards before they get to the workplace.
The Safe Design Project is supervised by a Reference Group made up or representatives from State and Territory OHS authorities, the ACCI and the ACTU.
Phase One of the project is a review of the OHS legal obligations of the target groups, a literature review of national and international initiatives in safe design, and a survey of awareness levels and current OHS practises of target groups.
Phase Two will involve development and implementation of specific strategies and products that increase awareness and understanding about design issues among key groups.
Phase Three will involve promotion and evaluation of products and strategies.
An overview of the project can be found at
(Worksafe News; vol. 15, no. 1, Autumn 2000)
Young Workers Safety To Go: OHS in fast food
59% of 15-19 year old Australians work either full time or part-time, with many combining work with study. State and National OHS authorities are developing strategies to reduce injuries in the fast food industry, a major sector of employment for young people. A study in the fast food industry found:
� consistent injury patterns: minor burns and lacerations were common. Time-loss injuries were uncommon. Occupational violence in the form of verbal abuse was common, threats and assaults were rare.
� most time-loss injuries occurred in the mornings or lunchtimes, and were task-related not fatigue related.
� a comprehensive management system where OHS was integrated into all work tasks and processes of production resulted in high levels of OHS legislative knowledge, enhanced ability to recognise the nexus between hazard and risk exposures and injuries, excellent understanding of prevention strategies
� similar hazards were cited by employees in all stores
� on-the-job training was comprehensive for all tasks, but young workers rarely recognised it as 'training'.
� most of the young casuals interviewed remained for two to three years with the same employer
Cutting accident with Stanley knives were a common injury and international studies show the same problem. This has lead to calls for their redesign.
(Worksafe News; vol. 15, no. 1, Autumn 2000)
Hardly Harmless
Michael Quinlan
Hold Harmless contracts are a "corporate lawyer solution" that attempt to shift risk and liability to another party rather than addressing the central problem of managing safety when outsourcing.. This means that the more powerful party to a contract, such as a large buyer of outsourced labour, is able to transfer costs and risks to the weaker party, such as a small labour-hire firm. The Recruiting and Consulting Services Association, two large labour-hire firms and the Labor Council of NSW called for a government inquiry into the labour-hire industry because of these contracts.
Employers in the USA, where such contracts are widespread, have been found to be liable for OHS incidents when they have outsourced all their labour to labour-hire firms. The courts have been willing to find the owner and operator of the workplace liable, not the firm supplying the labour.
The ACTU has also been pressing for an inquiry into labour-hire, and with large labour-hire firms themselves also calling for a look at the industry, prospects for such an inquiry seem to have increased.
(OHS Alert; vol. 1, issue 2, February 2000
George Weston Foods case
A fatal accident at George Weston Foods highlights similar problems. The employee fell into an uncovered and unlit pit left by sub-contractors. The sub-contractor was fined for breaches of the OHS Act. The Industrial Relations Commission of NSW found that although George Weston Foods had a system to regulate contractors and sub-contractors in place, they relied too much on safe procedures being adopted by the contractors and sub-contractors. George Weston Foods was fined $120,000.
(Occupational Health and Safety Bulletin; vol. 9, no. 189, March 22, 2000)
Confined Spaces: Killing the Canary
David West
Confined spaces are potentially lethal hazards that require thorough risk assessment. There are differences in legal definitions of confined spaces so a risk assessment approach is the best method of reducing the hazards.
(OHS Alert; vol. 1, issue 2, February 2000)
E-mail and Sexual Harassment
Employers may face damages payouts for vicarious liability for sexual harassment unless e-mail systems are properly managed. Michael Tehan from Minter Ellison says that a recent case in the USA highlights the possible problems. The Chevron Corporation paid $2.2million to settle a lawsuit brought against it by employees to whom an 'insider' had sent an e-mail containing material entitled 'Why beer is better than women'.
Courts will not look favourably on employers who have not established, circulated and enforced policies setting out expected standards, Tehan said.
(Occupational Health and Safety Bulletin; vol. 9, no. 189, March 22, 2000)
Federal Court takes over HREOC
From 13th April, the Federal Court will have responsibility for hearing complaints of unlawful sex, race and disability bias following the Government's transfer of hearing powers from the Human Rights and Equal Opportunity Commission (HREOC).
(Discrimination Alert; Issue 105, February 29, 2000)
Carer's and Discrimination
The NSW Government says it will introduce family leave provisions into the Anti-Discrimination Act to protect carers who take time off work to look after a sick parent, child or partner. The legislation does not define "family" but it will cover same-sex couples. The provision applies to businesses with more than five employees.
(Discrimination Alert; Issue 105, February 29, 2000)
Probation and Contract of Employment
An employer's written probation guidelines were found to form part of the contract of employment. They established an objective system for performance assessment, and the system had to be followed for termination of employment to be valid. The Northern Territory Supreme Court found that the employee was wrongfully dismissed because the guidelines were not followed.
Hansen v Northern Land Council (1999) 46 AILR 4-162
(Recruitment and Termination; newsletter 23, 18 February 2000)
Dress Code and Termination
A long-term employee had her employment terminated after she continued to wear earrings following a change in the employer's dress code. The dismissal was found to be unfair. The employee had objected to the new dress code on the basis that she had been employed for eleven years and had been wearing the same three earrings for six or seven years. The dress code stated that employees could only have two studs or sleepers in any one ear.
Woolworths v Dawson (1999) 45 AILR 4-012
(Recruitment and Termination; newsletter 23, 18 February 2000)
That was the from of Ziggy Switkowski, who despite a phalanx of spin doctors - managed to turn $2 billion in profits into a public relations disaster.
But the problem with Ziggy is he's not content to shaft workers and say it's all very sad; he actually thinks it's a virtue.
And when he's not slashing staff numbers he's setting up companies to take their work and drive their wages down. That's the tactic behind Stellar - the bastard child now committing corporate incest across the organization.
It looks great on a balance sheet; but how does it impact on the lives of working people? That's about as relevant to Ziggy as the plight of rural communities.
On the bigger picture, the work of Ziggy and the embalmed Richard Alston is a neat case study on how to wreck public utilities. The secret is to turn them into evil empires that no self-respecting activist would lift a finger to save.
The same tactics were used by the evil Dr Kemp and the Commonwealth Employemnt Service and, hey presto!, we have the Jobs Network.
Now, we in the Tool Shed don't like to think ourselves cynical, but we ask: if you wanted to flog Telstra, what would you do?
Transfrom it into a center of excellence that the public has deep affection for? Or rip the guts out of it so that the service levels are so bad that people accept 'that something must be done'.
And they're right - something is needed - but its not more share options. It's a sensible debate about what we, as a community, should expect from the national telecommunications career as we enter the wired economy.
Instead of competing for the already crowded e-commerce market, Telstra should be the tool for wiring Australia, skilling us up and ensuring we all benefit from the information economy.
If that means a few years with less than billion dollar profits so be it. We can't play telecommunications like it's a game of junk bonds.
Tool Shed
Ziggy: the Spider from Telstra
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