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Costa formally announced his resignation from his position at Labor Council to take effect from August 30. He will move to the NSW Legislative Council to fill the vacancy left by ALP stalwart Johnno Johnson.
His departure come after 13 sometimes turbulent years at the Labor Council. He rose to notoreity first as a Wollongong activist, then as a rank and file official with the then AFULE rail union.
Costa survived Presidential inquiries and a stint as General Manager at 2KY to become an activist secretary.
He earned the eternal ire of Friends of Currowong, the hatred of the Daily Telegraph, the respect of the Carr Government and the joyful bemusement of his trade union colleagues.
"Former secretaries have told me that this is the best job I could ever had," Costa told delegates, "and they're right.This is a fantastic job and I have loved every minute of it,"
Costa has vowed to continue fighting the workers compensation campaign and has been asked to be placed on the List of MPs supporting amendments to protect injured workers "provisionally".
Nominations have opened for the secretary's position, with assistant secretary John Robertson likely to be the only candidate.
His candidature was endorsed unanimously by the Right caucus before Costa resigned, seconded by the TWU state secretary Tony Sheldon.
Mark Lennon will be the officers' endorsed candidate for assistant secretary.
Following a successful fare free day on the ferries, rail unions will give CityRail's 480,000 commuters a free day Monday - a move that would cost the government more than $1 million in lost revenue.
Late today, bus workers voted to join the action and will also refuse to collect fares on Monday.
And fire fighters today called a snap strike over the workers compensation reforms and continuing frustrations with payments for Death and Disability.
More rolling action is planned for next week culminating in a statewide delegates meeting to coincide with the International Day of Mourning for Deaths in the Workplace.
Off the Rails
Members of the Rail, Tram and Bus Union and the Australian Services Union have endorsed the action - which will run from midnight to midnight on Monday April 23.
Information about the deficiencies of the Bill - and the way it reduced injured workers' benefits and access to benefits - will also be distributed at railway station.
RTBU state secretary Nick Lewocki said the action was a sign of the anger and dismay the changes had generated amongst his members.
"The Government should be put on notice that while services will not be disrupted on Monday, our membership is prepared to escalate the action into stoppages should this be necessary in the coming weeks," Lewocki says.
Brigade Anger Flares
Meanwhile, members of the Fire Brigade Employees' Union caused a racquet outside State parliament, with more than 60 trucks participating in an angry drive-by.
The FBEU has been fighting cuts to their Death and Disability protection for several years and the workers compensation cuts are a last straw.
After stopping work for three hours, fire fighters have voted to impose indefinite bans against risking their own safety in fires where only property is affected.
FBEU state president Daryl Snow says his members will still enter burning buildings were people are inside, but will no longer go in where there is only commercial property at risk. Instead, firefighters will stay outside and use their hoses only.
"Without decent protection, our members see no reason why they should risk their lives to protect capital," Snow says.
Building Workers Shut Down City
One hundred thousand construction workers closed the industry Thursday in the first major action of the workers comp campaign.
The shutdown followed three weeks of site meetings where union officials outlined their concerns with the package and got widespread support for their campaign.
"Our members have shown thier commitment by forfeitning a day's wages," CFMEU construction division state secretary Andrew Ferguson said.
Keep watching http://www.labor.net.au/compo for more updates
Already several MPs have hosted protests outside their electorate offices but this week, they face concerted action, with individual trade unions "adopting an MP":
Actions will be held outside the following offices:
Monday April 23
Midday: Cherie Burton, Member for Kogarah
178 Regent Street, Kogarah
Sponsored by: NSW Nurses - contact Brett Holmes 0414 550324
1.30pm: Barry Collier, Member for Miranda
Suite 2, 50-25 Urunga Parade, Miranda.
Sponsored by: AMWU - contact Steve Johnson 0419 282177
Fare Free Day:
Fliers will be distributed outside the following railway stations: Central, Parramatta, Tonw Hall, Wynyard, Strathfield, Museum, Martin Place, north Sydney, Granville, Flemington, Clyde, Chullora, Burwood, Campbeltown
Tuesday, April 24
George Thompson, member for Rockdale
Shop 3A, 452 Princes Highway, Rockdale
Sponsored by: NSW Nurses
Thursday: April 26
Wayne Smith, Member for South Coast
38 Barry Street, Nowra
Sponsored by the South Coast Labor Council - contact Arthur Rorris on: 0409 223029
Peter Nagle, Member for Auburn
54-58 Amy Street, Regents Park
Sponsored by NSW Nurses
For the first time, Australia will host the International Day of Morning which will provide a reminder to the Carr Government of the human toll workplace accidents have on workers and their families. Union delegates from across the state will be attending the service to be in the Sydney Opera House Forecourt
The Sydney Opera House's Media, Entertainment and Arts Alliance staff members and the Labor Council of New South Wales will be hosting the Sydney Service to commemorate workers who have died or been seriously injured in the workplace.
This service will be one of a number of services to be held around the world holding special services.
WHERE: Sydney Opera House Forecourt
WHEN: 12:00 Midday 27/4/2001
DRESS: Please wear black clothing
The framework, nutted out over several days of sometimes tortuous negotiations, recognise the need to consult with the trade union movement on key areas of concern.
Working parties will be established to look at American Assessment Guidelines, Determinative Medical Assessment, Psychological and Psychiatric Impairment and Dispute Resolution.
"This framework puts us in the position we should have been in before the government hastily introduced the Bill into State Parliament," NSW Labor Council secretary Michael Costa says.
"It does not represent a breakthrough or any concession on the part of trade unions on any issue. In fact we are yet to be provided with critical information we need to understand the full impact of the Bill."
"Until there is agreement that protects the rights of injured workers, our campaign of education, lobbying and targeted action - including industrial stoppages and bans where appropriate - will remain in place."
The Framework for Consultation
The Labor Council and the Minister acknowledge that there is a need to overhaul certain aspects of the workers compensation scheme.
During the consultation period, the issues of determinative medical assessment and guidelines will be examined in detail. Provided there is a proper framework for appeals and modifications, the parties acknowledge that a form of determinative medical assessment and guidelines may help reduce unnecessary disputation.
The Labor Council position is that any guideline must not adversely impact on the benefits or access to benefits of injured workers, including those psychologically or psychiatrically impaired.
The Minister acknowledges that there are limitations in the AMA guidelines in respect of these and other matters which need to be addressed during the consultation period.
The Minister reaffirms that modification will occur where required to ensure that overall benefits to workers are enhanced.
The Unions and the Minister agree that changes to dispute resolution alone will not resolve the problems in the workers compensation scheme.
It is agreed that there needs to be a strong commitment to:
� Full compliance, with an investigation of all options including significant reforms required to tackle under-insurance.
� Better case management with an emphasis on rehabilitation
� Return to work initiatives
� Workplace safety initiatives
The Minister reiterates his second reading commitment that within the general parameters of the proposed reforms "there will be many amendments to this package, they will be carefully negotiated with Labor Council and the view of the advisory council will be taken into account".
These amendments will be moved by the government as a result of the consultation process with the Labor Council and the Workers Compensation and Occupational Health and Safety Advisory Council, and will be consistent with ALP policy in relation to protection of benefits for injured workers.
Labor Council will develop during the consultation period for discussion and consideration, proposals to reduce the cost of resolution of disputes in the statutory and common law schemes.
The consultation period will be sufficient to enable these tasks to be completed.
Nothing in the framework above should be interpreted as the Labor Council and its affiliates agreeing to any measures in the Bill before Parliament, in particular, on the determinative medical assessment or the AMA guidelines.
Should negotiations break down during the consultation process, the Labor Council and its affiliates reserve the right to withdraw from the process.
While the policy has not been officially released, Attorney general bob Debus has released details of the package to a Sunday newspaper, stating that legislation would be introduced into the next session of Parliament.
The legislation flows from a long-awaited report from the NSW Law Reform Commission report into Surveillance - which is expected to be released in the next few weeks.
If enacted, the legislation would place NSW at the forefront of Internet privacy internationally
From what we can ascertain, the Government is proposing to import the safeguards its developed against video surveillance in the workplace to the Internet.
This would mean that covert surveillance is outlawed unless an employer can show a reasonable suspicion of wrong-doing, while overt surveillance would require the consent of the employee.
The Report proposes that the Industrial Relations Commission would provide warrants for covert surveillance, with reasons needing to be given, particularly where the monitoring is to gauge work performance. The IRC would also have the ability to issue penalties for breaches of the legislation.
The LHMU cleaners are particularly disturbed that their superannuation fund, the $3 billion Australian Retirement Fund, is a partner in a joint venture with AXA to set up a workers' bank - Members Equity. " AXA is earning millions of dollars off the backs of working people's super funds but they want to get rid of nine LHMU cleaners and save $200,000 in cleaning costs," Vaska Dervisovski, the LHMU Cleaners Union organiser said today. " The bean counters should revisit this decision."
LHMU Cleaners Union members have been out the front of the AXA head office, 447 Collins St, Melbourne, most of this week holding a protest BBQ, telling office workers and passers-by about the company's decision to shut out cleaners and cut the numbers of cleaning staff. Second time this year that AXA has a big blue with LHMU
This is the second time this year that AXA Australia has been embroiled in an industrial dispute with the LHMU. The property arm of AXA last year sold the upmarket Sydney Wentworth Hotel and, as part of the sale price, agreed to sack twenty LHMU members. In February, after vigorous protest and community outrage that workers jobs should be sold as a condition of the $108 million Wentworth Hotel sale, AXA backed down. " We believe union members will also be outraged by this latest AXA action and we expect that the company will see the error of its ways and back down again," Vaska Dervisovski said today. Tell AXA what you think " We are appealing to union members, activists and supporters to click here and fill out the feedback form to send a message to AXA . " Tell them that if they want to use union members' money through the superannuation funds then they should have a better attitude to the employment of union workers." Read a few suggested lines for your AXA Feedback letter below
If you do send a message to AXA can you please cc it to the Melbourne LHMU cleaners by mailto:[email protected] " AXA is a major owner and operator of commercial properties throughout Australia where LHMU members are employed. " We think the company should adopt a code of practice which is friendly to all our members." AXA fully owns about 300,000 square metres of key commercial properties throughout Australia. AXA Australia is part of the big French multinational finance group. Already AXA union members in France have been approached to discuss appropriate international solidarity support. Suggested lines for AXA Feedback
Tell Axa which union you belong to Tell Axa which superfund you use Tell Axa if you are Super Members Home Loan member Tell Axa in your own words why you think that if a company makes megabucks out of union workers money they should think twice about sacking nine staff at their head office Ask Axa to sign a national agreement for all their properties which will guarantee appropriate working hours and a union-friendly environment for their cleaning staff
For forty days and nights the 60 retrenched workers - owed more than $600,000 in unpaid entitlements, maintained their rage with the support of many other trade unions.
But last week the workers finally voted to end the picket, recognizing that a few core people could not maintain it indefinitely.
The workers will be entitled to payments under the inadequate Reith entitlements scheme - some earning as little as 20 per cent of what they are owed.
They will also receive a fraction of their entitlements after the company's assets are sold - estimated by the Administrator at just three cents in the dollar.
Grenadier delegate Michelle Booth last night thanked the union movement for its support: her own Textile, Clothing and Footwear Union along with the TWU, AWU< MUA, AMWU, CFMEU, NSW nurses and Labor Council who had all helped at some point of the picket.
TCFUA state secretary Barry Tubner paid tribute to the worker and said while they may not have won their full entitlements they had lost knighting. "Losers never start," he said.
Tubner said the workers had succeeded in drawing public attention to their plight and extracting a commitment from the Beazley Opposition that it would pass laws to ensure this will never happen again
Tubner says the onus is now on Labor's IR spokesman Arch Bevis to deliver comprehensive protection when a Beazley Government comes to office.
The Printing Union has raised concerns that printing company Diamond Press is concerned that $6.5 million in unpaid entitlements for some 509 workers could be at risk.
The company has gone into voluntary liquidation with debts estimated at more than $140 million and there have been no assurances about the plight of the workforce.
Meanwhile, The NSW Nurses Association says an Administrator has been appointed to manage St David's Private Hospital at Eastwood after more than 30 years of operation.
Nurses' secretary Sandra Moait says the company's liabilities include some $80,000 in employee entitlements, including superannuation entitlements that have not been forwarded to their superannuation fund.
"This is yet another example of the all too frequent occurrence of employers closing companies leaving employees, many of them longstanding, without jobs and their full entitlements," Moait says.
The bonus, negotiated by the NSW Labor Council, was to be made available to public sector employees whose working conditions were effected by the Sydney 2000 games.
The Central Area Health Service is resisting the claim on the basis that "there was no substantial change in working conditions at Concord Hospital."
But the NSW Nurses Association says nurses working in the operating theatres had their conditions substantially altered.
They poin to the fact that Concord was in the vicinity of the Olympic park and was designated an Olympic hospital, meaning staff were required to provide services to athletes and Olympic officials.
The nurses were also forced to work 10 hour shifts rather than the usual 8.5 hour shifts, started operating half an hour earlier and had restrictions placed on their leave entitlements prior to the Games.
The claim has now been referred to the Olympic Allowance Disputes Committee.
The NSW Teachers Federation says they have been told a major case, involving an award for its members, will not be able to be heard until November.
Teachers fed general secretary John Hennessy says the Federation lodged an application for a NSW Adult Migrant English Service Crown Employees Award on April 2.
But, he says, on requesting a hearing date, the Federation was told the first available dates were a week in November.
Hennessy says similar delays have occurred in the last three years in other cases pursued by the Teachers.
The Labor Council has agreed to take the issue up with the NSW Government.
The allegations, aired on the Nine Network's Sudney program, included claims of criminal tactics, incitement to violence, perjury, frame-ups and the use of undercover spies in a three-year drive to cut workers' wages at the G&K O'Connor meatworks at Pakenham, near Melbourne.
ACTU Secretary Greg Combet says there are serious unanswered questions about the role of the Federal Government and in particular of former Workplace Relations Minister, Mr Peter Reith, in the dispute.
"The Australian public can now see the end product of a vicious industrial relations system built on conflict. This is the ugly side of industrial relations that is flourishing under the Howard Government," Combet says.
"We know that there was regular contact between Mr Reith's department, the Office of the Employment Advocate and the employer during this dispute,"
"We also know that there are 700 secret Government documents on this dispute that the union has been denied access to. They should be released immediately to assure the Australian public that their government is not involved in these activities."
Combet has also called for the present Workplace Relations Minister, Mr Tony Abbott, to distance himself from the tactics used in the O'Connor dispute, and to assist in releasing the documents.
The Worst from the US
Labor's IR spokesman Arch bevis says the Australian Industrial Relations system is now importing the worst aspects of a 1970s style US system
.
"We have one of the world's largest companies engaged in a Patrick's style tactic to secretly train people to break a strike - even before the strike has begun," Bevis says.
"The Howard Government's laws have allowed these divisive and aggressive tactics to be used. What's worse though, is the encouragement given by the Government to companies to follow these extremist tactics. Government Ministers have even berated companies for not adopting more militant and aggressive tactics against unions and their workers.
"It's about time we got some balance and fairness back into the Australian Industrial Relations system. It's clear from the past five years that we won't get that from John Howard."
The strike follows a member being sacked by Sydney Water against Management's own policies.
The Drug and Alcohol in the Workplace Policy states "employees must not be adversely affected by alcohol or drug use during working hours". There was no evidence that the ASU member was adversely affected.
The Code of Business Ethics Policy states that "employees should be free from the influence of alcohol or drugs when reporting to work and when at work". There was no evidence that the member was under the influence.
The member admitted to drinking three middies of light beer over one and a half hours.
The Committee, in its recommendations, stated "it is the view of the Committee that the intent of the Drug and Alcohol in the Workplace Policy and the associated pro-active campaign adopted by Management are designed to foster a workplace free of drugs and alcohol. The intent is that no level of alcohol or drugs is acceptable".
The ASU disagrees that the policy has, in fact, that intent.
Rampant deregulation of the world's shipping industry is behind a spate of oil spills, sinkings and pollution which threaten our coastal communities and marine environment - a threat highlighted by a damning report released by the International Commission on Shipping last month.
"All of us here today are surfers, said MUA delegate Mick Killick. "We all work the world's oceans and we're all concerned about the environment. Sub-standard shipping not only affects our jobs, it threatens our beaches and marine life. You only have to look at the grounding of the Malaysian ship on the Great Barrier Reef, last November. Or the oily penguins rescued just off the coast here recently."
A search is still under way for the foreign ship responsible for dumping oil off the south coast killing dozens of penguins earlier this month. Rescuers saved oil coated birds on Breamlea Beach, Near Torquay south west of Melbourne with oil washing up near the surfing venue at Bell's Beach. (The Age, 5/4//01)
Greenpeace Australia, Friends of the Earth, the Australian Conservation Foundation, Environment Victoria, The Clean Water Coalition, Bay Rescue, The Surfrider Foundation, Melbourne and Earthworker, an environmental group working out of Trades Hall have all endorsed the MUA campaign for tighter restrictions on foreign flag shipping trading on our coast.
International Commission on Shipping report website - http://www.icons.org.au
The call comes just as the ICFTU has launched a new global campaign to end child labour.
The ICFTU and its African regional organisation, AFRO has welcomed the decision by the government of Benin to investigate the incident, and whether or not the boat had been carrying hundreds of child slaves.
Whatever the outcome of the investigation, the ICFTU notes that the events have served to highlight a very real problem which, according to UNICEF, involves some 200,000 children from western and central Africa annually.
"We are deeply concerned about the terrible circumstances in which children are being forced to work against their will.
"Governments and employers must ensure that no child is being abducted or sold for work in plantations, or anywhere else.
"This is precisely the kind of exploitation which ILO Convention 182 on the worst forms of child labour is designed to eliminate.
"The latter must now be implemented by member states to protect the weakest and most exploited young children who are sold as slaves and on whose backs enormous profits are being made", said Bill Jordan, General Secretary of the ICFTU.
The ICFTU's global campaign to stop child labour was launched on March 30, involving all levels of the trade union movement and like-minded non-governmental organisations.
Campaign Teams on all five continents will work closely together with the ILO and NGOs and build community alliances to fight child labour.
In Africa, the ICFTU has urged its affiliates to step up the pressure on their governments to ratify and implement ILO Convention 182.
The ICFTU has urged the governments of Benin, Gabon, Niger and Ivory Coast to take immediate action to stop the trade of children by taking concrete measures such as stepping up inspections in cotton and cocoa plantations to ensure they are child labour free.
The ICFTU has received reports that governments are already responding to the international community's call, such as Ivory Coast where legislation to ban child labour is currently on its way through parliament.
Pressure is also increasing thanks to the petition launched as part of the ICFTU's global child labour campaign, which calls on all governments to ratify and implement ILO Conventions 138 and 182 on child labour.
Anyone who wishes to support the campaign to end child labour can do so by clicking on the link and signing the petition.
"Today's figures show the pay gap between women and men is continuing to grow. It's unfair and discriminatory that working women, many with major family responsibilities, must also bear the brunt of increasing financial pressures," ACTU President Sharan Burrow said.
The Australian Taxation Office's new Taxation Statistics for 1998-99 show the average taxable income for men, of $34,460, is more than 46 per cent higher than for women, on $23,599, and that the gap is widening.
The figures reflected the predominance of women in part-time, casual and low-paid jobs as well as gender inequities in the salaries of the highest income earners, Ms Burrow said.
"The value of women's work has never been properly recognised in Australia. It's time the Howard Government showed some leadership by seriously addressing pay inequities that are critical problems for many families and for our society in general."
The recent establishment of non-discriminatory work value principles in New South Wales and Queensland was a step in the right direction, but much more needed to be done. Ms Burrow said test cases in the state industrial commissions were yet to deliver any award pay increases based on the new principles.
Today's figures also showed the importance of the ACTU's Living Wage campaign and casual maternity leave test case in improving living standards for women on minimum wage rates and in casual employment, Ms Burrow said.
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Over the Easter long weekend, the National Folk Festival, Australia's premier folk festival event, rolled on for it's 35th year in Canberra held over the four day Easter weekend. This year was a little more special though. With the Centenary of Federation upon us, the Festival emphasised themes that have unified Australia over the last 100 years focusing on different industries including whaling, wool, mining and maritime; Indigenous Australia and immigration; the rivers and the railroads that linked the new states; the bushrangers, the swaggies, the workers and the larrikins; the rural communities, the outback, the beaches and the blue mountains; the environment, the gold rushes, the wars - the growth of a nation.
Always a major attraction for unionists and workers is the Trade Union Concert packed with folk artists from around the world. This years union concert was opened by CFMEU ACT Branch Assistant Secretary Glenn Parry who introduced CFMEU Construction and General National Secretary, John Sutton who spoke of the unfaded association between working class and folk music. The concert featured John Dengate, who has been writing and performing folk songs for 35 years. The son of working class battlers and fiercly proud of it, many of his songs are political satire that push the limits of libel law. There were many other new and old artists including 88 year old Faith Petric from the United States who, despite loosing the strap on her guitar, managed to pull off a knee tappin set with one leg perched up on a nearby stool, to balance her guitar (not bad for someone in their late eighties).
The CFMEU is proud to be strongly associated with such an event. This years folk festival was applauded as "one of the best for years" and "possibly the best folk festival gathering in the world" which is a huge acclamation but rightly deserved.
In addition to the financial donation, the union also donated marquee's to house exhibitions, free advertising of the event and other associated assistance where required. The ACT Branch is dedicated in continuing it's support for future Folk Festivals and encourages people from all over Australia to come and join the festivities.
Have you ever wondered what goes on in the workshop buildings that flank Redfern Station?
The Eveleigh locomotive workshops are now home to the Australian Technology Park (ATP), a leader of developments in technology and science across the country. The workshops were or at the forefront of 19th century steam technology, employing hundreds of thousands of people from across Sydney and the state.
To celebrate the National Trust's 2001 Heritage Festival, the ATP in conjunction with the Powerhouse Museum, will be opening the former Eveleigh locomotive workshops to the public one of the most significant sites of industrial heritage in Australia. The whole family will enjoy exhibitions and events celebrating the diverse communities involved in the development of Eveleigh, and its current incarnation as the ATP
PROGRAM OF EVENTS
Theatrette, Bay 4, invitation only
11.00 am
Mr Alan Madden from the Metropolitan Local Aboriginal Land Council will make a traditional welcome to the land followed by a smoking ceremony.
Mr Kevin Moss MR Parliamentary Secretary to the Minister for Transport, will officially open the weekend and launch the video 'Steam Power', produced by Dr Lucy Taksa from the University of NSW and Summer Hill Media.
11.30 pm 12.30 pm
Theatrette, Bay 4
Saturday 21 April & Sunday 22 April
Free
The weekend will open with the launch of the video 'Steam Power', which goes behind the scenes and follows the development of the Eveleigh railyards and the people who worked there. 'Steam Power' will be screened throughout the weekend as part of a festival featuring archival films from Film Australia.
Saturday 21 April & Sunday 22 April
11.00 am - 4.00 pm Free
The Powerhouse Museum will be exhibiting several piece technology tracing the history of transport.
INNOVATION PLAZA
Governor General's Carriage
The highlight of the display will be the Governor General Carriage built at Eveleigh in 1901. View inside the three bedroom carriage issued to transport the Governor Gene and the Duke of Cornwall (later King George V) around NSW for the Federation celebrations.
EXHIBITION HALL
Abbot Buggy - Popular in both Australia and America during the mid-19th century, the 'Abbot' was a low cost, stylish alternative to the expensive and cumbersome English carriages of the time.
Solar Resource Solar Car Find out how this Australian designed and built solar-assisted car traveled 3,000 km between Darwin and Adelaide.
Aveling & Porter Steam Wagon - Discover why the steam wagon reigned supreme over the internal combustion engine for road haulage in the five tonne class from the 19th century to the first decade of the 20th century.
Vice-Regal Rolls Royce - See the ultimate in automotive engineering and
luxury.
Corby Starlet Ultralight Aircraft - Marvel at the post-war Australian designed single-seater aircraft, which took fourth place in a 1964 world wide design competition for small racing aircraft.
Tours start at Innovation Plaza near the Governor General's Carriage
Saturday 21 April & Sunday 22 April
12.00 pm, 2.00 pm, 3.00 pm, 40 mins duration
Free
Take a tour of the locomotive workshops including an inspection of heritage tools and machinery. Visit the Large Erecting Shop, see restoration work in progress on locomotive 3265 and talk to some of the volunteers involved. As you wander through the buildings, see how the once busy workshops have been transformed into the state of the art Australian Technology Park.
Eveleigh Employee Register
Bay 4 Atrium
Saturday 21 April & Sunday 22 April
11.00 am - 4.00 pm
All weekend, former employees are invited to come along and catch up with fellow workmates and their families. The Eveleigh Employee Database, will also be available for all former employees and their relatives to search and they can add details to the Eveleigh Employee Register launched at the 1999 by the NSW Premier, the Hon. Bob Carr for Dr. Lucy Taksa.
Bays I & 2
Saturday 21 April & Sunday 22 April
11.00 am - 4.00 pm
Free
One of the traditional trade practices used by blacksmiths at Eveleigh will be demonstrated throughout the weekend by 'Wrought Artworks', who operate the historical blacksmithing workshop. Tours of the operating machinery will also be available over the weekend.Performed by the Folk Federation - Exhibition Hall
Saturday 21 April & Sunday 22 April
2.00 pm- 4.00 pm Free
Enjoy a wide repertoire of songs retelling history and stories of railway
workers and union solidarity.
Public Heritage Who Cares
Room 7ABC
Sunday 22 April
2.00 pm
Free
What are your views? The History Council of New South Wales invites you to join their forum to discuss this debate.
When you need a pit stop between events and exhibitions there will be a range of food to cater for all tastes.
Innovation Plaza
Saturday 21 April
11.00 am - 4.00 pm
Sausage sizzle
Bay 8
Saturday 21 April
11.00 am - 4.00 pm
Cafe food
Innovation Plaza
Sunday 22 April
11.00 am - 4.00 pm
Noodle Market with its own brand of entertainment.
Bay 4, Atrium
Saturday 21 April & Sunday 22 April
11.00 am - 4.00 pm
An exhibition of photographs taken by Monika Allen (who taught
English to migrant employees at Eveleigh), records the working life of
those employed in the carriage workshops during the mid-1980s.
Exhibition Hall
Saturday 21 April, Sunday 22 April
11.00 am - 4.00 pm
Special interest groups, local community organisations and labour unions will be sharing their collections and information and will be available to answer all your questions on model railways, heritage and even family history.
Enjoy an exhibition on the people and industry of South Sydney and 'Trains of Treasure': a music, song, poetry and visual history of working life on Australian Railways.
Performed by Party Line
Begins in the Innovation Plaza
Saturday 21 April & Sunday 22 April
1.45 pm
Free
Sydney based performance group Party Line will present two special performances of DIVAS, originally produced in 1996 for the Melbourne International Festival.
Party Line were residents at the ATP throughout March, preparing for their latest project 'Steel Fracture' - an installation based performance event taking art out of the gallery and theatre and into a living, dynamic urban environment.
For further information about the Eveleigh Community Weekend call (02)
9209 4428.
www. atp.com.au www. phm.gov. au
Congratulations on your simple and straightforward breakdown of the proposed changes to legislation and the impact it may have on workers.
I am a Legal Costs Consultant and prepare bills of costs in assessable form for submission to the SUpreme Court. This occurs only when costs between the workers solicitors and the insurer cannot be negotiated. Apart from these changes effectively doing away with my livelihood (already reduced somewhat due to the Motor Accident changes)my fear is that workers genuinely injured are going to be uncompensated.
Mr DellaBosca's claims regarding legal costs are erroneous in my opinion and legal costs directly relate to the insurers lack of admission of liability and further to that their unreasonable attitudes to settling the costs involved in prosecuting a claim which in many cases need not have been prosecuted except for their reluctance to make reasonable offers of settlement.
My hope is for everyone to stand up and say NO to these changes. The irony is that should the changes go through the labor politicians in many cases will probably lose their seats at the next election.
Please keep up the pressure.
Jane
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Workers Compensation Changes Feedback
We totally support CMFEU Secretary Andrew Ferguson's description of the State Government's Workers Compensation Legislation Bill - as 'an act of bastardry'. It is an act of betrayal to ordinary workers and their families to deprive injured workers of their rightful compensation. We would like to voice our disgust, anger and utter disbelief that they had considered such an outrageous act. In particular we are especially outraged that 'no permanent impairment compensation is payable for any psychiatric or psychological impairment'. How naive can those people sitting up their in positions of power be! Perhaps they have not come across any who have suffered mental injuries of the worse possible kind - far worse than any physical injuries. Perhaps it only hits home when it happens to one of their own kind - their own loved ones or themselves. You'll never know.
Fairfield residents
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I am a member of the A.W.U & I work at Electrolux(formerly EMAIL LTD) in Orange NSW. I have suffered a work related injury in the past & can attest to the fact that the whole workers comp system is far from perfect so I am bloody outraged by the proposed changes. Why the hell should the workers have to pay for incompetence by the bosses, burecrats & the insurance companies. We need a system which is fairer to injured workers, not worse.I'd like to say to Mr Della Bosca & the state "Labor" government ;"Remember us? The workers? Your constituency? Isn't labor supposed to equal workers & their concerns & interests foremost.Wake up!!! A state poll might be a while away but you are going to hurt your federal mates this year unless you open your eyes & ears to what is happening to us! We're hurting & the last thing we need is an attack on our rights & conditions from our own party.
Cheers,
John Rabey
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This proposed legislation will be a disaster for workers. The current system is already loaded in favour of the insurance companies, medical proffession etc. I suffer from two prolapsed discs and a prominent burr on my spine. I am rated at 20% for my back and 10% for my leg. I commuted my claim in 1999. This was after a lenghty period when I was denied any money by the company. They use this tactic to force people to settle their claim. The company does does care about any psychological impact this may have on the injured worker. Can you imagine what will happen if 'chopper' Della Bosca is successful. Many instances from personal experience come to mind but the major implications, besides decreasing already inadequate renumeration and treatment, would be:
� The denial of common law rights; this has to be in breach of a number of international labor conventions, although I haven't researched this.
� The introduction of a medical panel; I would challenge Della and his ideologically unsound cronies to ask any injured person who has suffered at the hands of insurance doctors how they would feel about any assesment by a whole bunch of them? This would soon descend to farce and I would draw analogies to the tragic situation at Federal Parliament house this week where a frustrated husband torched himself. This would seem far fetched to the dills in Della world but believe me these changes will have this impact.
� I would also question the acturial system that has given such a wonderful set of figures. I would call on the Labor Council to have our own actuaries examine these. I'm sure that 'dammed lies and statistics' could be argued in this case.
I now turn to rehabilitation and compliance. I live on panadeine forte and need euhypnos to sleep. Without this medication I would not be able to work or socialise. I know that my life expectancy will fall because of this but have no realistic option besides living on government handouts. I have re-trained and work in an office thanks to a sympathetic employer. For small mercies I am extremely grateful. It would seem that the charismatic Della should turn his mind to actually increasing compliance with the present system before turning his sights on the unfortunate people who already suffer enough.
In closing I will be on the streets at the first available oppurtunity to protest these changes and hope that the union leadership continues to fight. We do not need negotiation we need action.
Dear Workers On Line,
It was informative to read (WOL Issue 91) that Ian McDonald, MLC, wants to be grouped in with the "good guys" who are opposing the Workers' Compensation Legislation. This stance suggests that Mr McDonald has some degree of criticism of the government's proposed legislation.
However, in parliament as Parliamentary Secretary to the Minister for Industrial Relations, Mr John Della Bosca, Mr McDonald is a strong backer of the legislation. He has consistently lobbied The Greens MPs and other cross benchers to support the current legislation. In fact Mr McDonald has been working so hard to muster the numbers for this Bill that he has earned himself the title of defacto whip for the crossbenchers.
For the record the two Greens MPs in the Upper House, myself and Ian Cohen, will not support the legislation in its current form.
Yours sincerely
Lee Rhiannon
Greens MLC
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Ian Macdonald's response.
Dear Workers On Line
Lee Rhiannon and myself have had some severe differences within the NSW Parliament - specifically I raised the endeavours by her self and others to prevent her colleague - Ian Cohen - being able to stand for the Greens at the next election. I described her actions as being tantamount to those of "clapped out old Stalinist". This comment I do not resile from. And I think the record will show that my comments were absolutely accurate.
In relation to her allegations:
1. I lobbied the Cross - Bench to oppose the Liberal/Green initiative to establish a judicial inquiry into WorkCover. This inquiry was moved by Lee Rhiannon and seconded by Michael Gallacher. I did this with the support of all factions in the ALP. The Liberal/Green inquiry would have lead to an erroneous public attack on workers over the issues of fraud and alleged abuse of benefits. This would have undermined positive initiatives such as the seven - day deadline for acceptance of provisional liability for weekly benefits and medical costs.
2. I have never stated to Lee Rhiannon that "workers would be worse off if the Workers Compensation Bill was not passed." I am committed to ensuring that workers are better off under any new system.
3. I have never stated to her, or anyone else, that most Left Unions support "his position on the Workers Compensation Bill." This is a total lie and typical of her pronouncements on Labor Party Members. Quite the contrary, I believe that Left Unions' concerns need to be addressed. That is what I am currently endeavouring to achieve.
I am always completely open and available for Left Unions (who have given me their full support over the years) to assist them in getting their views across to the Government.
Yours in solidarity,
Ian Macdonald MLC.
If I didn't know Chris Christodoulou better I'd see his article, reviewing the Organising Conference, as an attack on me. I know that's not the case but I do want to respond to a couple of points Chris raised. The first has him quoting me as saying: You need to challenge the leadership of your unions".
I've checked the videotape of the session. I said no such thing.
I had been asked a question about why, if organisers had to be accountable, that didn't apply to Union Secretaries.
I responded in a sympathetic manner to the plight of union secretaries - namely that they faced at the ballot box a very real process of accountability. I then outlined the way that some Secretaries had rendered their electoral position stronger by turning their unions into organising unions capable of projecting power and securing the approval of union members.
If that offends, I'm sorry but I believe it to be the truth. Let me repeat, it is simply false that in that context, I said anything about organisers challenging their leadership.
I am accused of sometimes being "condescending, self opiniated and arrogant." Pretty tough criticism but I'll have to accept that judgement from Chris if that is his view. The point is that the work that I do is and has to be, largely self-funding. People pay to hear what I have to say. If my manner is as objectionable as is claimed, the way to solve the problem is simply to stop asking me to speak to union audiences. The reality is that there is a real thirst for someone like me to give a clear line on what unions need to do. The solutions seem to work, as there are now a number of unions in every State of the country who are organising - and experiencing the success that comes from that process.
As long as anyone is prepared to listen, I will continue to set out a clear challenge to unions on the need for change. Working people and Australian society as a whole, need to have strong unions. The only way that I can see that happening is for unions to seek the help of their members in rebuilding our power base, allocating resources to growth and involving members in decision making at every level of the union.
That level of change is very difficult to achieve - as every union official who has gone down that path will testify.
Chris seems to think that it can happen gradually, on a consensual basis and over a long period of time.
I disagree.
The achievement of an organising union in its purest form may take a long time but the need is urgent for the transition to start immediately and for the change to be driven through by leadership. If we wait for a consensus to develop, nothing will happen. There will be real opposition in many unions because that's what fundamental change always provokes. That's why successful implementation of the strategy depends upon leaders with a very clear vision of where they want to end up and how they aim to get there.
"Union decline in this country is so savage that organisations like the Labour Council - in my view - have to push organising even harder." The graph is not going to turn around for as long as some unions remain relaxed and comfortable. The majority of unions have to recognise that the traditional ways of representing workers in this country - as successful as they have been in the past - are no longer working, given the changes in the environment in which we operate. Even those unions who enjoy stable membership have to think how to prepare for a deunionisation attempt and how they might assist the rest of the Movement rebuild its strength.
More and more unions get that point. It's not about what one official - whether it's me or anyone else - says or does. The real achievement of the Conference is that for the first time ever in either New Zealand or Australia, a huge number of officials and delegates came together to share their expertise and work out what needs to be done next. Their passion and excitement is reflected in their evaluations. Officials and delegates - in the front line of the change to organising - took real heart from what went on there. They will be the ones, together with leaders of vision and action, who determine whether we are up to the task of building power for working people in this country once again.
Michael Crosby
Joint Director
ACTU Organizing Center
Dear Sir,
In response to the article "English Teachers Ripped Off", I would like to inform you that I was one of the teachers working for Astral College and I would like to divulge further details regarding the utter disregard and dishonesty of the owners of Astral College.
Apart from myself and the rest of the staff that were totally ripped off, that is the school closing down suddenly with no severance payments, no holiday pay owing, no superannuation, no pay for the last two weeks of work, gross underpayment of one of the senior teacher for many months, the firm also owes the landlord of the rented school premises over $50,000 and the ATO over $300,000.
Many of the students of the IT and BM department face deportation as they were told that as long that they paid a "surcharge" they would not have to attend lessons. While many of these students took advantage of this "deal" I'm sure that quite a number of them were duped through ignorance and lack of English language skills.
To add insult to injury Ms Kim Kying Soon is at the moment enjoying a three week holiday in Darwin with her family, and as far as I know these people have no intention of declaring bankruptcy because as stated verbatim "if I declare bankruptcy I cannot do business in Australia", on the contrary, they are thinking about opening another school in Strathfield.
Through their dishonest operation they also managed to involve a totally innocent man who was hired only a couple of months ago as an "acting principle" who is currently copping the blame and is trying to aid the many students who are facing deportation.
This is truly a sorry state of affairs, and surely sorely tests my faith in humankind, but also makes me think about the inadequate supervision by government bodies such as NIAS, VITAB, ELICOS and a few others I can't remember at the moment, which are supposed to be the watch dogs of the international student adult education industry.
There are too many cowboys firms allowed to operate in this city and the whole scenario is ruining our reputation of adult education providers overseas, which as you know, coupled with the university lack lustre performance, only adds to worsen the already shonky situation.
I must add that while Astral College may have had the reputation of a "visa factory" that myself and my ESL colleagues have always scrupulously adhered to NIAS guidelines and have always acted in a serious, professional and dedicated fashion, always above and beyond the call of duty. If I ever met true professionals those were my colleagues at Astral College.
Please feel free to divulge these details to whomever is interested... i think it makes for fairly interesting reading....
Now that sounds like a bunch of libs. The truth is not a single minister in the Carr government opposed it in cabinet. Not one. Just ask Della and as for the good guys list well they came to the party when it was half over.
This is what happened Della tells cabinet the workcover fund is rat shit and asks cabinet, what do you want me to do, raise the levy or impose a new scheme similar to the motor traffic system.
And the Premier and the Treasurer replied......!!!
Paul Palmer
Dear Sir,
This statement by Prince Charles must surely simplify, clarify and dispel the erroneous myths about the enigmatic and esoteric nature of his personality This personality, complex, and in stark contrast to the shallow but pragmatic, abrasive but inadequate and simpleminded nature of his father, Prince Phillip.
It displays a sensitive individual, who through birth was singled out for greatness, unfortunately this greatness was not to be King.
Prince Charles, is not a mere figurehead with a plastic smile for his subjects, he through his chosen kindred spirits displays humility at times beyond normal comprehension, this being misconstrued by the mediocre as warped and wacky. But then are we not the weirdest of the species inhabiting this planet.
In the case of Prince Charles and his professed role models in the Goons, I believe Albert Einstein summed it up when he said, "Great spirits have always encountered violent opposition from mediocre minds"
I too feel a sense of loss with the departure of Harry but consoled by the fact that he, Peter Sellers, Spike Milligan and Michael Bentine authenticated not only Gods omnipotence but also great sense of Humor at what we perceive as misfortune.
An appropriate Panegyric for Harry and solace for Charles would be Shakespeare's as you like it, II, vii, 139:
All the world's a stage, and all the men and women merely players. They have their exits and
their entrances, and one man in his time plays many parts, his acts being seven ages. At first
the infant, mewling and puking in the nurses arms.And then the whining school boy, with his satchel
and shining morning face, creeping like a snail unwillingly to school. And then the lover,
sighing like furnace, with a woeful balad made to his mistrisses; eyebrow. Then a soldier, full of strange oaths and bearded like the pard, jealous in honor, sudden and quick in quarrel, seaking the bubble reputation, even in the cannons mouth. And then the justice, in fair round belly with good capon lined, with eyes severe and beard of
formal cut, full of wise saws and modern instances, and so he plays his part. The sixth age shifts into the mean and slipper'd pantaloon, with spectacles on nose and pouch on side, his usefull hose well saved, a world to wide for his
shrunk shank; and his big manly voice, turning again toward childish treble, pipes and wistles in his sound. Last scene of all, that ends this strange, eventful history, is second childish and mere oblivion, sans teeth, sans eyes, sans taste, sans everything.
Tom Collins
MR TONY ABBOTT
He is supposed to be the Minister (what a joke!!!) for Industrial Relations and all he is, is a stooge for the left overs from Reith's havoc. When asked on Sunday Program today, what he knew about the O'Connor Meat Packer saga he side stepped (as ususal) the issues that Reith had obviously been involved in upto his neck and then suddenly moved to Defence.
Mr Abbott is just a stooge for Howard and Reith and he does it so well.
He was a trumped up Parliamentary Secretary for DEETYA two years ago and now he is a so called "Minister" (no longer a trainee priest) who's stock standard answer is to dump on the labor party which will hopefully cost them the election as people want answers not post mortems of previous governments. Otherwise we would be continually bringing up Howard's 17% interest rates when he was a so called Treasurer in the Fraser government.
Mr Abbott (part of the dynamic duo Abbott and Costello) is a real winner of the Tool and should be placed in the shed along with his monachist book for ever!!!!!
`A light has gone out in our lives with the removal of a vital spirit'
by Peter Lewis
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How has the economic debate changed in Australia since you were leading the ACTU?
I think the changes are twofold. When I was leading the ACTU, supply-side economics a la Thatcher and Reagan was all about tax cuts and giving individuals that freedom of purchasing, and that raised a whole lot of equity issues. The equity issues still remain but I think the supply side has got more to do with skills, innovation - support for the drivers of economic growth. And that is what our "Knowledge Nation" agenda is about today, and increasingly it is also about continuing to forge those partnerships at the enterprise level - the partnerships for productivity and for production.
Increasingly now the debate about surpluses beyond the retirement of debt is the choice between distribution in tax cuts or investment in the drivers of economic growth. That is a fundamental difference. The OECD interestingly is paying a lot of attention now to the drivers of economic growth and that is what Labor's "Knowledge Nation" is essentially about.
Another big thing that has come up over the last ten years is this concept of globalisation. Many of your core constituents feels that they have been locked out of this process, and they see the Hawke/Keating Government as being the initial drivers of this. What can a Beazley Government offer these people?
They were the drivers of it, but in partnership with the trade union movement through the Accord. Bear in mind that there wasn't an argument in the trade union movement in those days against the Cairns Group initiative, against the APEC initiative, and against the notion of opening up of global opportunities. The argument was about industry policy and how we position our industries more effectively to take advantage of global opportunities.
Now what has happened in the last five years is that the Government has dropped the ball on the implementation of the agenda that came out of the WTO and it has certainly dropped the ball on industry policy.
That doesn't mean much for people who are feeling the pain. What can a Beazley Government offer them that they are not getting at the moment?
It offers them job security and career opportunity in a way that wasn't there before. We can't get away from the fact that the workforce is constantly changing - that the key ingredient in this is training and re-skilling and re-equipping and the ability to embrace that change in a way that doesn't threaten people but actually rewards and encourages them. People need to be secure in the knowledge that there is a future for their industry - even though the industry is going to have to do things differently - that their core skills are being recognised and developed. I think it is that that we were genuinely prepared to offer and work towards, and which this government has shown no inclination towards.
Does it frustrate you though that when you are trying to portray this alternate vision you appear to be confined to arguing about GST and petrol prices?
You can't get away from the GST and petrol prices because they are day-to-day issues and they threaten people most of all. There is no point talking about globalisation or its impact if the GST is taking your job away - or if the GST has stripped your purchasing power - or if the GST means you can't afford to get in the car, take the kids to the cricket practice and the football practice, and can't go and visit the grandparents.
You can't ignore the bread and butter issues and the GST has done more to withdraw the bread and butter than anything in recent times in this country. Nothing that the Coalition argued about the GST has been borne out.
People in the construction industry, people in the retail sector - both important employers - have been significantly hit. And so I think the GST threatens the economy and it threatens equity. That is why you can't ignore it and you have to respond to it.
The petrol issue was one graphic example where the combination of broken promise plus GST impact came together in a way in which the public's mind was firmly focussed on something that was having a huge impact on their daily lives.
What we have to do, of course, is to continue to tackle those day-to-day issues, but still not lose sight of the broader direction - the broader framework - in which we have to secure longer-term sustainable growth into the future. And that is why our emphasis is on the drivers of economic growth.
You can have two debates in the current political climate. One is tax cuts versus GST roll back. The other is tax cuts versus investing in our future, investing in the Knowledge Nation. And I think Labor has to be in a position to respond to both of those arguments in developing our priorities for the next election, particularly when we see the true state of the books.
What we are trying to pinpoint is not just priorities for the next election that reflect the day-to-day problems, but priorities for where we take the country over the next decade and beyond.
Just on tax: Do you agree with the proposition that there should be some taxes on services, given they are the emerging area of the economy?
We opposed the GST, but we also said that once the GST was in, you couldn't unscramble the eggs. So we are stuck with the GST and we said that would be the case. And that carries with it the fact that a whole range of things are taxed that previously weren't taxed.
But do you think that is a good move?
Our task in the roll back of the GST is to identify the priorities by which you address fairness in its application, and that is the broad parameter against which roll back is judged. It has to be made fairer, but it has also to be made simpler. It can't add further complexity to those who have to administer it.
But would you say that as a principle that services should be taxed? Or in a perfect world they wouldn't be?
No, I wouldn't say that as a principle, because we argued against the Goods and Services Tax. We did not see the need to fundamentally change the tax mix. We always recognised that a taxation system needs to get the balance right between direct and indirect taxes. We thought we had the balance right.
The emphasis was also on taxing goods, not services, but trying to do it in a way that reflected necessities versus luxuries. Now, of course you can come up with all sorts of examples of inconsistencies whenever you have exemptions, but that was the principle behind it. And we always recognised the need to constantly review those processes but not to go through the fundamental turmoil that this Government has put through the system.
In terms of the relationship between a future Labor Government and the union movement, everyone is aware there won't be a formal Accord. But what alternative mechanism would you like to see in terms of wages policy between the Government and the union movement?
I think it is one that has to develop in government. It is always extremely difficult to define these relationships from Opposition. I have no doubt that the relationship will be an important one, but we have to do better at demonstrating a commitment to tripartism. The government needs to play more of a facilitative role in getting the partnership at the enterprise between a worker and employer, and I think against that background a framework, of necessity, needs to involve not just the trade union movement, but employers as well.
What is you general view of the union movement at the moment? Obviously there is a far smaller percentage of the workforce that is now unionised from when you were running the ACTU. Does it still have the voice it once had?
Yes, because it still has influence in the wages policy area... in the key areas. The interesting thing about it is that when I was President of the ACTU we had two million members. There are still two million members. The trouble is the workforce has gone from six million to close to nine million.
What hasn't happened is organisation in the area that has seen the greatest growth - the service sector - and that is still an organisational aspect that the trade union movement has to face up to. The point I'm making is there is still that important influence and role in traditional areas of activity that do have an impact into other sectors. So therefore, having a sensible relationship with the people that represent that part of the workforce I think is a requirement of all governments. It is a pity that this government sees them as the enemy and wants to have an ideological debate rather than a practical, constructive partnership.
Do you think that there are constructive things that a Federal Labor Government can do to help the union movement get back up on its feet, or isn't that your role?
It is important for the Government to create the environment for a better partnership for achieving the commitment to longer-term sustainable growth, because that is what determines job opportunities. It determines living standards. It determines the development of regions. Increasingly we have to come to grips better with these concepts of sustainability - not just economic sustainability, but environmental sustainability. So I think it is important for governments to have an over-arching view as to where those policy frameworks sit, and it is important that we involve key players in the development of common objectives.
So as to the organisational base of the trade union movement, that is a matter for it - and it can get on with that a lot easier if it is not having to fight the ideological battles with government and if it is being encouraged to play a constructive role. I think most organizations fare better in circumstances in which membership, or potential membership, can see that they are playing a constructive role, not just a defensive one.
Under the previous Keating Government, Bill Kelty sat on the Reserve Bank Board. Would it be your intention to put a trade union rep back on the Board?
I've got no commitment to that. Our commitment in terms of the Reserve Bank is its continuing independence, and the continuing requirement to address low inflation because that underpins low interest rates. But it must also have as part of its charter, which is in there in its charter now, a commitment to addressing significantly better employment opportunities. Now, what we therefore need on the Reserve Bank Board is quality, fairness and independence. I think we are looking for the best people, not nominees.
So you wouldn't rule out looking within the movement for those sort of people?
I wouldn't rule out anyone being considered if they met the priorities of the quality representation. But I don't want that to be taken as a fact that we are going to appoint a trade union representative. I think the criteria are not from where they come, but what they offer.
Can I just ask you about a specific policy option that hasn't really come up on the Australian agenda, which is the Tobin tax, which is something that is being pushed, both within the Left and more recently in more conservative circles. Do you have a position on a Tobin tax?
It is something that I am not against further consideration of, but you can't do it on your own. Increasingly what I have come to understand is that, with suggestions like this, unless there is a universal acceptance and a preparedness to embrace them, we are whistling in the wind if we think we can do it on our own.
Is that something you would see a Labor Government taking an international leadership role on?
Whether it is an international leadership... I think it is a discussion to have at the international levels. But there are more important issues at the international level at the moment. One of which is getting the international financial architecture into place - something this government has dropped the ball on. What we cannot afford is another consequence of an Asian economic meltdown because of poor prudential controls. Australia should be leading the way in that because it has a strong track record domestically.
I guess the other big global issue coming up on the agenda is the US/Australia Trade Agreement. Would you support the ACTU's line that there should be core labour standards included?
We have said that the labour standards issue is something that has to be addressed and addressed appropriately through an ILO role that is recognised through the WTO. And that is something that when I was ACTU President, I worked very hard at trying to get acceptance of.
On the question though of the agreement itself, we need to have a much better understanding of what this proposed agreement does. There are a number of criteria, and I think the important one is: Are we committed to getting improved access in the United States for industries of ours that currently are effectively locked out? What we don't want is some cosy arrangement that ignores the framework that really has been developed by us through WTO and APEC.
by Michael Costa
The Party platform and election policy are the items of faith upon which trade unions and their members commit to work for the election of Labor Governments. In a very real sense, it is the glue that binds the political and industrial wings of the labour movement together.
The Carr government's proposed workers compensation reform package has brought these issues to the surface because, on their face, the Workers Compensation (Amendment) Bill breaches a clear principle: it reduces benefits and access to benefits to a large number of injured workers.
We have four core areas of concern with the package:
- it forces workers to submit to binding medical panels, where their injury is decided by people who do not even have to be qualified in the filed they are ruling on.
- it reduces access to compensation by raising the threshold for taking legal action against a negligent employer
- it imports a US_based method of medical assessment which has been shown to lead to smaller payouts for claimants.
- it totally ignores the critical issues of compliance, workplace safety and non-payment of premiums by rogue employers.
A workers compensation package that was consistent with ALP platform and policy would not have these deficiencies.
Because the package was introduced into the State Parliament without formal consultation with the trade union movement, we did not have the opportunity to raise these concerns with the government in advance. Instead we have been forced to raise a public campaign to hold the Labor government to account.
This campaign has involved media events, industrial action, direct lobbying of MPs and the, perhaps novel, request for Labor members to indicate publicly where they stand on the issue.
To this end, we contacted all Labor backbenchers and asked them to indicate whether they would be prepared to support amendments to the package that safeguarded benefits for injured workers. Not surprisingly, a significant majority of MPs (33 out of 52) - from across the factions - have publicly committed to this core Labor value.
We have not, at this stage, asked Labor MPs to cross the floor. The Premier's intervention yesterday threatening the re-endorsement of Labor MPs was unhelpful in resolving these important issues. After all, the Premier and the IR Minister have already agreed to consider amendments to the Bill. I can only assume he has not been briefed properly on what the Labor Council sought from the back-benchers.
Labor Council published the names of the Labor MPs on our 'Workers Online' website, to ensure that working people could identify those politicians prepared to stand by them on this core issue. It's just an element of our web-based campaign which has provided a range of information and materials on the Net, so that delegates in individual workplaces can run their own campaigns at the grass roots.
Those who have not put their hands up for injured workers are now facing direct questions in their own electorates, with local workers committing themselves to persuading them into changing their position. Of course, they are welcome to add their names to the list' at any time.
The names of the Labor MPs have been posted on the Internet for more than a week before the mainstream media picked up the story, some incorrectly stating these were MPs who would 'cross the floor'. This is to overstate the case, as far as we are concerned, the MPs' commitment is to support sensible amendments, which we hope will be moved by Minister Della Bosca after due consultation.
To this end, Labor Council is working with other stakeholders, including employers, lawyers and doctors, to develop a fully costed package which meets the Premier's desire to rein in the WorkCover deficit, with the imperative that workers benefits are protected. As we have said from the start, we accept that the Scheme needs reform, we just don't see inured workers being the group who a Labor Government should ask to carry the can.
In the meantime, it is unfortunate that some Labor MPs may be uncomfortable by being forced to declare their hands. But they should take heart in the knowledge that injured workers, who they are elected to represent, will be a lot less comfortable if this package goes through unamended.
by Rita Malia, CFMEU
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It is a recognized fact that there is a significant problem in workers compensation premium compliance in the building and construction industry. We believe that there is 30% non-compliance by contractors in the building industry. We have raised this issue with the State Government. Nothing has been done. The problem has only become worse. We now have a crisis. This has resulted in a premium collection system that is not collecting the correct level of premium from across the industry. Legitimate contractors complying with the law are being placed at a competitive disadvantage by these unscrupulous operations.
This paper explores the many ways that Companies rort the Workers Compensation system for their own financial gain and to the detriment of the industry and the managed fund as a whole.
Companies fail to comply with their workers compensation obligations in the following ways:
(a) failure to have a workers compensation policy;
(b) underestimating the number of workers they employ including deemed workers;
(c) underestimating the quantum of wages; they pay each year
(d) nominating the incorrect tariff category; ie. pretending that they are operating in low risk industries
(e) engaging in "phoenix" behaviour;
(f) folding companies to avoid high experience rated premiums;
This combines to deprive the managed fund millions of dollars of benefits. WorkCover and the current Workers Compensation Legislation has proven to be incapable of dealing with this problem. A more innovative approach is required including:
(a) more effective premium collection methods and regulation;
(b) meaningful sanctions which are enforced;
(c) mandatory obligations on principal contractors to ensure compliance by their sub-contract companies
It is only by adopting more radical and direct approaches to the problem will these issues be solved and a level playing field established in the industry.
THE NATURE OF THE BUILDING INDUSTRY
The building industry in New South Wales works on a sub-contracting system. Principal Contractors contract to specialist sub-contractors in all aspects of building work. This system is adopted on construction jobs of all size. The industry is characterized by practices of pyramid contracting (layers of subcontractors) with the bulk of workers being employees of these subcontractors. Other features include phoenix companies i.e companies that constantly liquidate after major projects or contracts and are re-established often by the same people under different company names.
In some sectors individuals are required to be "sham" sub-contractors, where individuals, despite being incorporated or holding ABN numbers, are in fact the employees of those who engage them. Virtually every roof tiler, vinyl layer and ceramic wall and floor tiler has been forced into bogus sub-contract arrangements.
The industry is divided into three main sectors commercial, civil and residential construction. Within these sectors work is highly segregated on a trade basis, for example, there are formwork, scaffolding, bricklaying, concrete, demolition, electrical and plant and machinery companies, with the majority of employees engaged by small to medium sized enterprises. Many workers are forced to work for labour hire agencies on a casual basis.
The workforce is highly mobile, both in terms of sites that are physically worked on and between employers.
THE WORKERS COMPENSATION PREMIUM SYSTEM IN NEW SOUTH WALES
The payment of workers compensation premiums in New South Wales is fundamentally based on an "honour" system. Employers are required to obtain insurance with one of the thirteen licensed insurers. At the beginning of the policy period they must estimate at the beginning of the policy period the number of "workers" (including deemed workers) and the value of their payroll for that policy year.
Employers must also nominate a "tariff" category based on the predominant activity of their business. Each tariff category (based on activities) is assigned a premium rate. This rate multiplied by the value of their payroll roughly determines the amount of premium to be paid. Employers of a particular size are also experience rated where the final premium paid is effected by their individual claims performance as well as other factors.
An employer when taking out a policy of insurance may be required to obtain and show a Workers Compensation Certificate of Currency to an authorised person. The Certificate evidences the information that an employer has given to their insurance company. It is current for a period of not more than four months.
The certificate of currency states the nature of the business (the tariff category), the number of workers of the employer and the amount of the wages estimated to be payable by the employer during the twelve month period of a policy.
At the end of the policy year and before renewing their policy an employer is required to reconcile their estimates with actual numbers of employees and wages and if a shortfall has occurred to correct it at that point and pay whatever additional premiums or receive a rebate for any over-declaration and payment.
THE LEVEL AND NATURE OF WORKER COMPENSATION NON-COMPLIANCE
The level of non-compliance by employers in the building industry is estimated by industry participants to be 30%. In a report commissioned by the Construction Forestry Mining and Energy Union in 1998 it was submitted that the level of non-compliance was conservatively estimated at thirty to forty percent. That is thirty to forty percent of companies in the industry not complying with their premium obligations.
Employers rort the system in a variety of ways.
(a) Failure to have a policy.
A number of employers have been detected not having a policy.
Two examples of this are:
Example 1.A bricklaying company was detected in March 2001 by a CFMEU official employing direct labour, including an apprentice and workers having their own ABN (who as far as we know were not incorporated). The Contractor did not have a workers compensation policy, nor did the "sub-contractors" to the bricklaying company. This matter has been referred to WorkCover for investigation.
Example 2. In February 2001, the CFMEU discovered eight workers employed by the Sri Venkateswara Temple Association on business visas as stonemasons on the site of a temple construction project in Helensburgh being paid wages grossly below the award minimum. The employer also did not have a workers compensation policy.
(b) Underestimating the number of employees.
Employers underestimate the number of employees that they employ. They also fail to declare the number of "deemed" workers as defined in the Workers Compensation Act. Deemed workers include individuals engaged as contractors who are deemed to be workers for the purpose of workers compensation.
Employers declare a small number of employees and those injured become one of those employees covered by the policy. There is no requirement to declare on policies or premium payments the names of the employees covered by a policy.
Employers in the industry also engage people with their own Australian Business Numbers (ABN) as subcontractors when these individuals are in fact employees and not genuine subcontractors. Prior to the introduction of the Goods and Services Tax these individuals would have been employed on the Prescribed Payments System ("PPS"). Employers are generally not paying workers compensation premium for these contract workers.
The industry also has a large number of people working for cash only. These transactions are difficult to trace. In the building industry up to thirty percent of the wages, such as overtime, is paid as cash wages with no tax deducted. This overtime is not included in wage books and therefore is not included in the calculation of workers compensation premium.
If a worker is being paid cash on Saturday and is injured, his or her name is included on the wage book for that day prior to a workers compensation claim being submitted.
Attached are press clippings in respect of major cash in had scams uncovered by the Australian Taxation Office (ATO) where no workers compensation premium was paid.
(c) Underestimating wages.
Employers in the industry underestimate the amount of wages that they pay their employees over the 12 month period of a policy. The average wage for a building worker in the commercial sector is about $50,000/year. It is not unusual to see Certificates of Currency showing the number of employees and the level of wages at about $30,000 per person. There is considerable underestimation of wages.
Many employers do not accurately declare actual wages and simply pay premiums on under- estimated wages.
Some employers may submit a genuine declaration of wages at the end of the year and pay outstanding premiums. In this circumstance this is an extraordinary loss of liquidity for the WorKCover scheme. If the scheme is lucky the premium comes in at the end of the policy but claims have been paid out during the preceding twelve month period.
Employers also fail to include payments to "deemed workers" as well as people engaged as subcontractors with ABNs that are really employees and not genuine independent contractors. Employers under-declare their payroll to avoid payroll tax, the liability for which is calculated in a similar way. The CFMEU believes that non-compliance with payroll tax is much higher than the levels of workers compensation fraud.
It is also common in the industry to pay some wages in cash, for example, for overtime on Saturdays. Again these payments do not exist in an employer's wage records and are not factored in when determining workers compensation premium. Appendix A contains numerous examples of companies underestimating wages by in some case millions of dollars.
(d) Nominating incorrect tariff category
It is also a common practice for employers to nominate a tariff category which is assigned a lower premium rate. The industry tariff rate for building and construction is 10.52%. This is one of the highest rates and is meant to reflect the share of workers compensation liabilities attributable to the construction industry. Other industry/activity tariffs are much lower, such as plant and equipment hire (4.11%), retail categories (3.57%) and woodwork (7.19%) and machinery importing (4.11 %).
Many employers fraudulently nominate an incorrect tariff category even though they are principally involved in building work to avoid being required to pay the higher building rate.
Example 1
Company nominated tariff category of crane hire rather than construction i.e 3.66% tariff rate rather than 9.66%). The CFMEU made representations to WorkCover to have premium order changed to reflect the actual, and proper risk, association with the Company's predominant activity i.e erection and operation of cranes on building sites. Also after
negotiations with CFMEU the company increased wages estimation from $1,002 625 to $1, 904, 325.00.
Example 2
The Company advised the CFMEU during a routine wage book inspection that its employees were engaged in carpet, vinyl and timber floor laying. However, the Workers Compensation tariff nominated on the company's policy was classification 717, importing noc, warehousing noc of 2.41%. The more appropriate industry tariff should have been classification 603 which includes carpet laying, which attracted an industry tariff rate of 7.36%. The matter was referred to WorkCover.
There is an increasing engagement of workers through labour hire companies. These companies supply labour to a variety of different industries. One labour hire company may supply labour to a variety of different industries, where the cost of workers compensation is different for each industry. Labour hire companies nominate multiple categories according to the activities they undertake. There is evidence of increasing non-compliance in this area, with companies attributing more of their wages to activities which carry a lower tariff rating, for example financial services, rather than the higher rated industries such as construction.
Example 3
Recently a worker in Wollongong was seriously injured on a building site. He was employed by a labour hire company that did not declare any wages under the category for building work, even though the Company had several employees on the site for an extended period of time.
(e) Folding Companies with high experienced rated premiums
Whilst companies pay the industry rate, some poor performing companies i.e companies with many workers compensation claims due to large number of accidents are theoretically required to pay an experience rated premium which reflects their poor performance. Companies confronted with such a premium increase, rather seeking to improve safety standards simply fold that Company.
Another technique of premium avoidance is to establish a second company and transfer all non-injured workers to the new company, thereby circumventing the increased premium on the company's workforce. This practice is widespread.
(f) Phoenix Companies
This is the name given to companies that are regularly liquidated and then are re-opened under another name usually managed by the same individuals with different company office-holders. They have generally put in a fraudulent wage estimate for workers compensation purposes plus also go bust not paying the premiums on even this under-declaration. For an example see Annexure B.
(g) The result of the rorts
The net result of all this rorting is the failure to collect proper premiums equaling tens of millions of dollars. Those legitimate employers who do the right thing end up subsidizing the cheats. In an industry where cost and profit margins are extremely tight the ability to rort the system can mean the difference between securing a contract or not. The incentive to cheat is immense.
Many legitimate contractors who attempt to abide by their legal obligations are being squeezed out, losing work to an ever-growing number of shonky operators in the industry.
Principal contractors (i.e the builders) have no obligation to ensure that the subcontractors that they engage properly comply. They may satisfy themselves that a sub-contractor holds a policy but that is about it. In fact they benefit from the rorting by engaging the cheapest subcontractors, ripping off workers compensation and payroll tax maximizing their own profit margins. If a builder uses a shonky sub-contractor, not paying workers compensation, payroll tax and group tax there is a saving of more then thirty percent. There is in fact a preference and incentive to engage contractors not complying with statutory requirements. In the CFMEU's experience these sub-contractors are also the worst performing when it comes to accident prevention.
4. CRITIQUE OF CURRENT SYSTEM OF REGULATION AND SANCTIONS
(a) Failure of WorkCover as the regulator.
WorkCover is incapable of recognizing and preventing this premium leakage. WorkCover has been reluctant to accept that a problem exists despite the endeavours of Labor Council and the CFMEU to highlight the issue with example after example over the last five years.
When examples are brought to WorkCover's attention the response has been to arrange a paper audit of the company's records. This paper approach is flawed as it does not pick up cash payments and payments to sham contractors or deemed workers. There is no WorkCover knowledge of what workers are engaged on what sites. Employers in the industry often have false records or simply do not record these engagements at all. Inspectors should systematically go out on site when a rort is identified and see what is actually happening. WorKCover inspectors due to work pressure seem completely unable to deal with the issue of workers compensation non-compliance. At the moment trade union officials are doing WorkCover's job.
When WorkCover is made aware of particular examples it is slow to react. Investigations into rorts take a long time to finalise and when finalised no action seems to be taken. A company may be issued with an updated premium notice but we are not advised whether the additional premiums is actually collected. Even if they increase their wage estimate they go broke and do not pay the extra premium anyway. WorkCover has recently advised that it now cannot tell the CFMEU what the outcome of their investigations are due to privacy laws. We were only advised of this legal position when we sought to follow up the progress of investigation of complaints. In many of the examples listed in Appendix A, the CFMEU has no knowledge as to the outcome of audits or investigations.
The CFMEU is unaware of any successful prosecutions by WorkCover of any of the companies that we have identified as not complying. By the time WorkCover is in a position to do something many of the companies concerned have closed up operations, often re-opening as new entities with new directors. Companies are regularly wound up with significant debts to WorkCover only to re-open as new legal entities
WorkCover has recently introduced legislative amendments to enable it to prosecute directors, or as described in the Worker Compensation Act, "culpable directors". However a person is not a culpable director where:
"that person establishes that:
a. the corporation failed to obtain or maintain the policy of insurance concerned without the person's knowledge or;
b. the person was not in a position to influence the conduct of the corporation in relation to that failure, or;
c. the person, being in such a position, used all due diligence to prevent the failure by the corporation".
We believe that these exceptions are so broad that most directors will be able to avoid personal responsibility should WorkCover bother to prosecute, especially in the building industry where the people running companies are often not the directors, with these people having their relatives i.e partners, siblings, cousins as the office bearers in a company. This change adds no value to effective enforcement and compliance.
Moreover, there is no effort by WorkCover to track the establishment of new entities by directors of predecessor companies which have been wound up leaving substantial debts owed to the managed fund.
(b) Failure of the Premium collection system.
It is obvious that the method of calculating and collecting premium in the construction industry is fundamentally flawed and wide open to abuse. The system can be easily manipulated.
Insurance companies are unwilling to undertake proper audits of their clients. Employers generally have the same insurance company for all of their insurance needs, so an insurer is not going to risk losing a client. When inadequate policies are identified it is the CFMEU's experience that insurers are reluctant to immediately rectify the situation advising their customer that all estimates can be revised and reconciled at the end of the policy year. Of course by then many companies have ceased to trade!
Insurers solely rely on the information provided by the employer without any independent verification.
(c) Inflexible Guidelines.
WorkCover Guidelines also support the rorting. There is no mandatory requirement for insurers or employers to rectify inaccurate estimation of employees and wages immediately. For example the Guidelines only allow for changes to an estimate of wages if the difference is greater than 33%. A more flexible approach must be taken to ensure immediate compliance when a problem is identified.
(d) No obligation on the principal contractor.
Whilst principal contractors have no legal obligation and indeed a positive financial incentive not to ensure compliance by their subcontractors, the behaviour of subcontractors will not be altered. In fact this lack of legal obligation encourages non-compliance.
5. OPTIONS FOR REFORM
(a) Better system for collection of premium
A more suitable premium collection system is needed in the building and other industries where multiple sub-contracting and sham contracting is widespread. The CFMEU believes that WorkCover should introduce compulsory monthly payment of premiums in these industries, with premium paid against a list of named workers (including deemed workers) which must be updated every month. Employers in the building industry are already required to do this for the purposes of superannuation, redundancy, and extra accident insurance. There is also a requirement for an annual declaration of employees for the purposes of the building industry long service compliance. It would not be onerous for this to be adopted for the purposes of workers compensation premium collection.
Auditing of companies by WorkCover could then involve cross-checks with these other industry funds to assist with proper declaration being made. This supplemented by on-site audits and checks would be helpful.
In addition, if claims are made by injured workers who have not been declared, non-complying companies can be easily and immediately identified, investigated and dealt with.
Compulsory monthly payments of premium will mean that defaulters can be immediately dealt with, giving less opportunity for companies to wind up their businesses before recovery action can be undertaken.
The CFMEU believes this would be best achieved by establishing an industry owned and managed workers compensation system.
(b) Meaningful sanctions
The Government should develop meaningful and enforceable sanctions. For example defaulting employers should be fined on the spot. Where an undeclared worker makes a claim, the employer might have to pay for some or all of that claim and charged a claims excess.
WorkCover should show itself to be serious about the issue and prosecute employers who fail to do the right thing. Successful prosecutions would send a powerful message and will go along way to changing industry behaviour.
There should also be some method in place for company searches to be done and records kept on repeat offenders to avoid the problem posed by phoenix companies. Legislative amendments should be introduced which allows Work Cover to more easily pierce the corporate veil and prosecute individuals associated with companies that repeatedly rort the system.
(c) Mandatory Obligations on Principal Contractors
Principal Contractors must be obliged to ensure the compliance of its subcontractors. Where a subcontractor is found to be non-compliant the principal contractor should also be held to account, this should involve fining principal contractors and sheeting home to them parts or all of the costs of individual claims. Principal contractors should also be fined in the event that a subcontractor winds up leaving debts to WorkCover.
6. OTHER EFFECTED INDUSTRIES
The problem of workers compensation non-compliance is not limited to the building and construction industry. The same problems are experienced in the rural sector in fruit picking and shearing, contract cleaning and other industries characterized by itinerant and casual workforces and in the contract cleaning industry. The introduction of industry specific solutions will be the only way to ensure that all employers pay their fair share.
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"Common law rights will also be retained for seriously injured workers. Workers currently need to show fault to access common law and have a 25 per cent loss under the table of disabilities. Under the bill, workers still need to demonstrate fault and a 25 per cent impairment, which is determined using the impairment guidelines." The Hon J Della Bosca - Hansard 29 March 2001
The above statement is how the proposed changes to Worker's Compensation rights were presented to Parliament.
The statement is absolutely untrue in 3 respects:
(1) The legislation requires a GREATER THAN 25% impairment.
(2) The impairment is not to be assessed under " the table of disabilities" or "the impairment guidelines" but rather under a particular American system that is much harsher.
(3) Seriously injured workers DO NOT retain common law rights. Look at the examples below. (Remember NO common law unless greater than 25% impairment under the American system.)
CONSIDER
A 29-year-old spare parts salesman - impact injuries to both legs resulting in 14 operations, the last being 20 months after the accident
Injuries: Permanently limited to semi-sedentary work prospects, permanent requirement to use brace on right leg to prevent collapsing while walking. Uses sleeping tablets every night to assist in sleeping. Consumes 6 to 12 pain-relieving tablets every day. Limited capacity to engage in social activities, loss of confidence, physiotherapy was complicated by an episode of sepsis and osteomyelitis.
Impairment - 18% whole person under the American system.
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A 26-year-old enrolled nurse - injured whilst transferring patient
Injuries: Disc lesion to L5/S1 level resulting in a permanent incapacity to lift more than 5 kg or undertake any employment or activity that involves bending, pushing or pulling. The injury has resulted in constant pain.
Interference with abilities to undertake housework, domestic chores. Reduced capacity to enjoy and participate in sexual activity.
Impairment - 12% whole person under the American system.
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A 26-year-old plumber / 1st grade rugby league player - employer refused to shore up trench which collapsed on the plumbers
Injuries: Severe injury to foot including loss of 3rd and 4th toes. loss of football career. Loss of ability to work as plumber. Loss of ability to engage in simple social and domestic activities. Unable to walk without a limp. Unable to stand for long periods of time.
Impairment - less than 25% under the American system.
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24-year-old truck driver - married with children ~ fell 4 metres into concrete pit due to no safety rail -
Injuries
Brain injury.
Shoulder injury requiring surgery - with a possibility of future shoulder replacement.
Loss of grip strength in both arms.
Severe restrictions in movement, so much so that his Wife had to bathe him for 6 months.
Unlikely to ever work again.
Impairment - less than 25% under the American system.
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15-year-old boy carrying double bed mattress over head - tripped whilst stepping over work material on workshop floor
Injuries
Severe injury to back requiring Spinal operation.
Permanently unfit for most work.
Impairment - less than 20% under the American system.
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40-year-old employee of rental company - married with children - sent to collect a washing machine single-handed
Injuries
Injured L4/5 and L5/S1 discs
No longer to lift or bend. In constant pain.
Unable to sleep comfortably. Unable to stand for long periods of time. Unable to sit for long periods of time.
Unlikely to ever work again.
Impairment - less than 20% under the American system.
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33-year-old coalminer - married with 2 children, aged 7 and 10 - suffered back injury working on machinery known by the employer to be faulty.
Injuries
Back injury leading to unrelenting pain in back and left leg.
Underwent spinal fusion surgery. 4 years later - further surgery to insert a spinal cord stimulator.
Unable to engage in any ordinary activity in life without substantial pain and discomfort.
Pain in back has lead to decimation of sex life.
Cared for daily by wife.
Impairment - less than 25% under the American system.
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25-year-old service station attendant - required by employer to climb through the ceiling to reach keys which had been accidentally locked by the employer in an internal room - ceiling collapsed
Injuries
Injury to neck. Injury to elbow. Numbness in both legs.
Difficulty dressing himself. Difficulty sleeping. Restricted capacity to work. Inability to stand for long periods of time. Inability to sit for long periods of time. Inability to undertake lifting above 10 kg. Experiences daily pain.
Impairment - less than 25% under the American system.
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43-year-old factory worker - part of right hand amputated when drawn into a machine not properly guarded by employer - unlikely to return to employment
Impairment - 18% under the American system.
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22-year-old construction worker / labourer - within the first few days of working for the employer, an archway fell on head.
Injuries
Employee suffered crush injuries to foot and hand requiring skin grafting and cannulated screws placed in foot.
Permanent restriction in ability to undertake labouring work. Future employment prospects severely limited.
Impairment - 19% under the American system.
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33-year-old construction worker - fell from scaffolding which was improperly and inadequately installed - injury caused by employer's breach of Occupational Health and Safety Act, 1984 - CFMEU union member
Injuries
Fractured hip. Injury to back. Injury to right hand. Dependent upon pain-killing medication, daily. Unlikely to return to work.
Impairment - 16% under the American system.
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15-year-old school student working part-time at McDonald's Restaurant - allegedly required to lift 32 kg load in breach of Occupational Health & Safety Act by employer
Injuries
Injured back leading to spinal surgery at L4/5 and L5/S1 discs. Constant sciatica in left and right legs. Difficulty in sitting, standing. Experiences constant and unrelenting pain.
Impairment - 20% under the American system
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42-year-old female stores assistant injured when crushed by forklift whilst employed by Qantas
Injuries: Permanent injury to neck, thoracic spine, chest.
Inability to undertake second job employed at Star City Casino.
Impairment - approximately 10% under the American system
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34-year-old storeman required to man handle 44 gallon drum
Injuries: Injury to back requiring spinal surgery. Difficulty standing, sitting, bending or lifting. Limited prospect of ever returning to work.
Impairment - 15% under the American system
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37-year-old hardware shop employee - married with 3 children
Injuries: Injury to back causing sciatica in both legs. Constant and unrelenting pain exacerbated by any activity. Dependent upon pain-killing medication, daily.
Impairment - 15% under the American system
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65-year-old factory worker - injured when a 350 kg load, not properly secured by the employer, flung off a turntable and landed on employee
Injuries: Multiple factures of the 6th, 7th, 8th and 9th ribs on the left side of the chest wall. Injury to neck. Right-sided hydrocele caused by scrotal trauma. Injury to head. Injury to back. Injury to chest. Injury to left shoulder and arm. Bruising to left side of body. Bruising to left buttock. Depression. Interference with sex life. Impotence. Over 450 physiotherapy consultations and an ongoing need for physiotherapy 3 times per week for life.
Impairment - 16% under the American system
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18-year-old labourer hit by a felled tree
Injuries: Injuries to head and back requiring a Taylor Brace. Continuing inability to work in any suitable employment.
Impairment - 15% under the American system
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41-year-old labourer lifting injury
Injuries: Suffered L4/5 disc prolapse. Suffers depression. Back pain. Partial loss of use of both legs. Interference with ability to sleep. Inability to stand or sit for long periods. unfit to work again
Impairment - 15% under the American system
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45-year-old married machine operator whose hand was drawn into a machine which did not have a required fence or guard protecting the operator from the dangerous moving parts
Injuries: Employee suffered 15% permanent loss of use of right arm and 25% permanent impairment of back
Impairment - 18% under the American system
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17-year-old boilermaker's assistant and part-time disc jockey and part-time pizza restaurant worker - injured when required by employer to use a crane - worker had no relevant licence or experience.
Injuries: The load fell on the young worker's legs causing serious injury to the right ankle and left foot. Worker now had difficulty standing. Can only walk short distances. Future employment prospects are doubtful.
Impairment - 14% under the American system
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48-year-old employee tripped on string at work damaging both knees - now unable to do housework and cannot work
Impairment - 11% under the American system
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18-year-old employee in bakery
Injuries: Suffered impact injury to left knee resulting in reflex sympathetic dystrophy leading to 30% loss of leg. Has difficulty working and will have limited employment prospects for life
Impairment - 12% under the American system
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36-year-old sawmiller
Injuries: Injured right hand - now suffers wasting of right arm - certified fit for light duties - unable to work in sawmilling as no light duties exist in the industry
Impairment - 12% under the American system
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37-year-old operating room nurse
Injuries: Suffered severe injury to back leading to spinal surgery and depression with adjustment disorder - permanent impairment of back at 30% and 20% of left leg due to sciatica and referred nerve impingement
Impairment - 20% under the American system
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36-year-old council worker suffered severe injury to back when required to lift a concrete lid weighing approximately 100 kg.
Injuries: Underwent spinal surgery - now assessed at having 45% permanent impairment of back and 5% impairment of each leg due to radiculopathy
Impairment - 15% to 20% under the American system
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48-year-old truck driver injured when trolley fell from truck
Injuries: Now suffers 30% permanent impairment of pelvis, 15% permanent impairment of back. Unable to lift more than 5 kg. Unable to undertake any activity that involves pushing, pulling, sitting or standing for long periods of time. Suffers severe depression.
Impairment - 15% under the American system
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48-year-old assistant nurse injured whilst assisting a quadriplegic
Injuries: Now suffers severe back problems. Interfering with her ability to work, sleep, stand, sit and lift. No longer can enjoy sexual activity.
Impairment - 15% under the American system
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Furniture removalist injured by an unlicensed forklift operator at work
Injuries: Suffered fracture to the jaw and scapula. Injured neck and feet. Suffered a fracture to the thoracic spine and nerve damage. Reduced capacity to work for life.
Impairment - 16% under the American system
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35-year-old electrician injured in lifting incident - required to lift a cable drum
Injuries: Suffered significant protrusion at L4/5 disc level leading to spinal surgery. Suffers constant pain and has reduced enjoyment of all aspects of life.
Impairment - 15% under the American system
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24-year-old worker who suffered acute depression after a lifting injury caused substantial injury to back
Impairment - 12% under the American system.
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35-year-old storeman who underwent 2 spinal fusions resulting in total incapacity for work - the back condition after the two spinal fusions was assessed at 35% permanent impairment of his back together with a 12 % impairment of leg
Impairment - 22% under the American system
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40-year-old storeman injured back - required to undergo surgery twice in hospital for the L4/5 and L5/S1 levels - damages claimed in excess of $1,000,000
Impairment - 15% under the American system
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50-year-old health worker suffering back injury - requiring spinal fusion twice - first one for laminectomy then fusion - permanent inability to work
Impairment - 15% under the American system
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40-year-old recycler - married with children - required to lift 120 kg bale of cardboard - suffered severe injury to back at L5/S1 disc level causing protrusions with substantial sciatica in both legs. Inability to work or enjoy normal activities in life. In constant and severe pain.
Impairment - 16% under the American system
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17-year-old retail assistant - injured back in shop severe problems restricting ability to work for life
Impairment - whole of body impairment 10% under the American system.
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41-year-old hospital assistant injured when trays were dropped on legs - suffered a permanent 25% loss of left leg
Impairment - 5% to 10% under the American system.
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A 42-year-old man fell 30 feet and landed on his upper back. He complained of neck pain radiating down his right arm. Sixteen months later, after a maximum medical rehabilitation program and an optimal period for physiological recovery, an examination disclosed a 20% sensory loss in the C5 area and 50% loss of power of the muscles innervated by C5. These losses were stable and were determined to be permanent impairments.
Impairment - 16% impairment of the arm which is a 10% impairment of the whole person under the American system
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A 35-year-old forklift mechanic had a 2-year history of median nerve compression in the right hand with abnormal results of median nerve conduction studies and an abnormal electromyogram. Seven months after surgical decompression of the median nerve in the right carpal tunnel, followed by a change of occupation to salesman, the man's symptoms were infrequent, transient episodes of numbness in the thumb and index finger after 40 minutes of driving.
Examination showed a full range of movement of all joints and normal two-point discrimination sensory testing. Compared to the left hand, the right hand had a 60% strength loss index.
Impairment The upper extremity impairment due to a residual tunnel syndrome is 10% or 6% of the whole person under the American system.
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A 40 year old labourer with a total wrist replacement has flexion to 30� and extension to 20�; wrist implant arthroplasty = 30% impairment of the arm.
Impairment 30% of arm = 18% impairment of whole body under the American system.
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A 40-year-old woman had a comminuted midshaft tibial fracture that healed with 2.5 cm of shortening and 10� of varus angulation. The patient was advised of the risks of midshaft tibial osteotomy and lengthening, and she declined surgery.
Impairment - The lower-extremity impairment estimate for the varus angulation is 20%; the impairment estimate for 2.5 cm of shortening is 8%. The 25% and 8% lower extremity impairments are combined using the Combined Values Chart. The lower extremity impairment is 31%, which is a 12% whole-person impairment under the American system.
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A 37-year-old female clerk had onset of right arm pain and the medical workup and clinical tests showed a large herniated nucleus pulpous between C5 and C6 and C6 radiculopathy. Excision of the herniated disc with fusion surgery was performed because of the patient's radiculopathy, and the symptoms resolved. The woman later was classified as having had a category III impairment.
Impairment - Cervicothoracic category III, 15% whole-person impairment under the American system.
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A 27-year-old female clerk, who previously was in good health and had normal vision, experienced a progressive loss of vision in the left eye during a 6-month period. During the next 6 months there was slight return of visual acuity, but she no longer could read with that eye or see television images.
Results of a physical examination were normal, as were results of basic laboratory tests. The woman's visual acuity was 20/200 at near and far with the left eye and 20/20 with the right eye. The findings on neurologic examination were otherwise normal.
Impairment - The woman's whole-person impairment was estimated to be 23% under the American system.
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A 55-year-old farmhand had onset of diplopia 4 months before examination and almost immediately his symptoms stabilised. The persistent condition interfered with his workplace responsibilities, recreational pursuits, and his hobby of stamp collecting.
Results of physical examination and laboratory tests were normal except for the neurologic system. There was diplopia on forward fixation of gaze, and the patient was unable to abduct the right eye.
Impairment - The diplopia impairment was estimated, by means of the criteria to be a 20% impairment of the visual system, or a 19% whole-person impairment under the American system.
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A 60-year-old woman with diabetes mellitus developed a persistent painful numbness of the right leg during a 6-month period. This sensation involved the lateral aspect of the lower leg and extended in a more severe fashion down to the dorsum of the foot.
A physical examination disclosed the following abnormalities: a decrease in perception of pinpoint, cold, and light touch on the dorsum of the foot extending to the upper lateral calf area; painful paraesthesia and dysesthesias of the foot; and mild weakness of dorsiflexion of the foot with a mild foot drop, characteristic of a peroneal nerve neuropathy.
Impairment - A 6% whole-person impairment combined with a 1% whole-person impairment is a 7% whole-person impairment under the American system.
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A 21-year-old man suffered a ruptured spleen in an automobile crash. A splenectomy was performed. The post-operative course was uneventful. Within 2 months the patient returned to his usual daily activities. He was examined for permanent impairment 8 months after hospital discharge.
Impairment - 0% impairment under the American system.
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A 16-year-old otherwise healthy girl during a vacation job suffers the total loss of vision of one eye when a nail gun is fired into the eye. The employer had been warned on at least 5 prior occasions that the nail gun was dangerous. The vacation worker was not provided with any eye protection during the job.
Impairment - 24% under the American system.
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A 22-year-old university student studying medicine during a holiday job suffered an impact injury to the throat from the tongs of negligently driven forklift. The impact of the injury caused a 70% permanent speech impairment.
Impairment - whole-person 24% under the American system.
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Ten years earlier, a 56-year-old truck driver had developed a pararectal abscess that had drained spontaneously. During the ensuing 3 years, infection had recurred, with opening of fistulous tracts in four other areas surrounding the anus. Surgical repair was undertaken in two stages, but this necessitated incision and excision of substantial portions of the anal sphincter muscle. Recovery was delayed by wound infections. Eventually, the perineum healed, but the patient had no fecal control. Despite daily rectal irrigation he soiled himself occasionally.
An examination disclosed complete functional loss of the anal sphincter mechanism.
Impairment - 25% impairment of the whole person under the American system.
(this case does not involve negligence, however, the assessment is instructive)
*********************
A 35-year-old plumber had had acute viral hepatitis 10 years earlier, with a protracted convalescence. Recently the disease had been quiescent; the patient had no visible icterus, ascites, or evidence of gastrointestinal tract bleeding. The man's strength and nutritional state were satisfactory, although his stamina was limited.
Impairment - 15% impairment of the whole person under the American system.
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A 35-year-old farm worker was thrown against the steering wheel of his truck when it slid off a road. A few weeks later, while seeming to recover from his injuries, he noted increasing abdominal pain and distention. An expanding cyst of pancreas was demonstrated by serial ultrasonography. Subtotal pancreatectomy was required to remove the cyst and allay the associated inflammatory reaction.
Fifteen months later, despite treatment with pancreatic enzyme supplements, the man had intermittent diarrhoea and steatorrhoea, and his stamina was notably diminished. He was 1.9 m tall and weighted 74.5 kg, whereas his previous weight had been 81.7 kg. He still experienced occasional epigastric and back pain. Tests showed no evidence of impaired glucose tolerance or diabetes.
Impairment - 20% impairment of the whole person under the American system.
**********************
A 28-year-old man with progressive chronic glomerulonephritis developed marked azotemia and oliguria requiring haemodialysis. Successful renal transplantation with a kidney from his mother resulted in good renal function with a creatinine clearance of 108 L / 24 h. The patient received maintenance treatment with azathioprine and prednisone and required close observation for development of osteoporosis.
Impairment - 25% impairment of the whole person due to renal disease and the need for continuous medication under the American system.
(this case does not involve negligence, however, the assessment is instructive)
*********************
A 23-year-old man experienced considerable laceration of the ventral surface of the penis that created a surgically uncorrectable fistula. He was able to perform most activities of daily living, but he could not void normally. He could ejaculate during sexual intercourse, but was unable to make his wife pregnant.
Impairment - 15% impairment due to the urethral fistula and 10% impairment due to impaired sexual function, which combine to a 24% whole-person impairment under the American system.
***********************
A 32-year-old deliveryman suffered a compressive injury to the penile shaft. Healing occurred with partial cicatrisation of the left mid-corpus cavernosum. A bow-string curvature of the left occurred during erections. Sensation and ejaculation were normal, but pain resulted if intercourse were not undertaken carefully.
Impairment - 9% impairment of the whole person, which takes into consideration the patient's age under the American system.
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A 28-year-old salesman suffered a fractured pelvis with wide separation of the symphysis pubis, perivesical and periprostatic haematomas, and a tear of the prostatomembranous urethra. The injuries were corrected with reconstructive surgery, and there was no subsequent urinary difficulty. Erection and intercourse were possible, but penile sensation and ejaculation were absent.
Impairment - 15% impairment of the whole person, which includes consideration of the patient's age under the American system.
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A 38-year-old policeman had an injury resulting in loss of all scrotal skin. Split-thickness skin graft reconstruction gave a good cosmetic result. At examination there was no evidence of testicular malfunction, but testicular mobility was affected, and the patient experienced discomfort during exercise and in certain positions.
Impairment - 5% impairment of the whole person, which consider the patient's age under the American system.
*********************
A 50-year-old fireman suffered extensive burns of the lower extremities, genitals and abdomen. Skin grafting to the abdomen and lower extremities was satisfactory; however, it was necessary to transplant the testicles to subcutaneous pouches in the thighs to permit adequate skin coverage of the scrotal area.
Impairment - 15% impairment of the whole person under the American system.
******************
A 34-year-old married woman developed a rectovaginal fistula after vaginal delivery of her second child. This was corrected surgically, but the woman developed severe vaginal stenosis. She required intermittent dilatation of the vagina under anaesthesia and the continuous use of vaginal creams. These measures made sexual intercourse possible, but it was painful and the patient lacked sexual sensation and enjoyment. A third pregnancy ended with a caesarean section because vaginal delivery was deemed hazardous.
Impairment - 20% impairment of the whole person, which includes consideration for the patient's age under the American system.
(this case does not involve negligence, however, the assessment is instructive)
**********************
A 27-year-old woman who had borne two children developed increasing pain secondary to severe pelvic endometriosis. She had a laparotomy for resection of bilateral ovarian endometriomas, resection and fulguration of peritoneal implants, and presacral neurectomy. A normal pregnancy ensued that resulted in the birth of a healthy infant. After breast-feeding for 14 months, the patient developed pelvic pain secondary to recurrent endometriosis. This required intermittent medical therapy for suppression of the chronic, recurring pain.
Impairment - 20% impairment of whole person under the American system.
(this case does not involve negligence, however, the assessment is instructive)
********************
A 65-year old man had severe hypothyroidism of 16 months' duration, with pronounced mental slowing, loss of memory, and apathy. He also had severe coronary artery disease with angina pectoris that could be precipitated by walking only 50 feet. The total thyroxine level was 0.5 mg/dL, and that of thyrotropin was 100 mU/mL. Repeated trials and careful adjustment of doses of levothyroxine indicated that a dose larger than 0.05 mg/d caused aggravated angina. Significant debility due to hypothyroidism persisted.
Impairment - 20% impairment resulting from hypothyroidism, which is to be combined with an appropriate value for the cardiovascular impairment to determine impairment of the whole person. however, if the cardiovascular disease were treated, for instance, by angioplasty or bypass surgery, it might be possible to replace the thyroid hormone level fully, in which case the degree of impairment would need to be re-evaluated. (this case does not involve negligence, however, the assessment is instructive)
*********************
Several years ago, a 55-year-old man had developed the signs and symptoms of non-insulin-dependent (type II) diabetes mellitus. Examination at that time disclosed no retinopathy or proteinuria. Although he lost weight on a prescribed diet, the plasma glucose level could not be maintained within normal limits on that diet. When the patient was on a restricted diet and was staking an oral agent, his fasting serum glucose level was 120 mg/dL, and his glycohemoglobin level was 9.5%.
Impairment - 5% impairment of the whole person under the American system.
(this case does not involve negligence, however, the assessment is instructive)
***********************
A 27-year-old man who worked for a small paint manufacturing company developed acute contact dermatitis of the hands and arms. He related the onset of the illness and exacerbations to the preparation of batches of latex pain. Patch testing revealed a strong allergic reaction to 0.1% petrolatum mixture of a non-mercurial preservative, 2-n-4-isothiazolin-3-1, which was used by the company in its latex paints. The patient was unable to avoid latex paint completely, and his dermatitis continued. When he left the company to seek other employment, the dermatitis resolved.
Impairment - 0% impairment of the whole person under the
American system.
****************
A 28-year-old woman developed an eczematous eruption beneath the wedding ring on the fourth finger of her left hand shortly after the birth of her first child 6 years earlier. The eruption gradually spread to involve areas on several fingers of both hands, despite treatment and avoidance of the use of jewellery. The eruption persisted for several months, then subsided slowly. A severe flare-up of hand dermatitis occurred after the birth of a second child 2 years later.
At present, a chronic, low-grade dermatitis persisted despite special precautions. Intermittent treatment was required to control the dermatitis. The patient had no history of eczema, hay fever, or asthma, and no family history of atopy. Her general heath was good, but the chronic hand dermatitis caused intermittent discomfort and limitation in the performance of some activities of daily living, such as dishwashing, childcare, and grasping.
Results of a physical examination and basic laboratory studies were normal except for scarring and lichenification. Patch tests performed with various food, household, cosmetic and diagnostic and therapeutic materials were non-reactive.
Impairment - 10% impairment of the whole person under the American system.
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A 25-year-old man who had a family history of "eczema" and "hay fever" had had a recurrent pruritic eruption since the age of 1 month, when it was characterised by oozing lesions of the face, scalp, neck, and upper extremities. A diagnosis of infantile eczema was made shortly after onset. As a boy he had had periods of relatively complete remission, but even during these periods, lichenified patches in his antecubital, popliteal, and neck areas persisted. Exacerbations were severe during high school years and increased in frequency during college.
For the past several years, the man had suffered exacerbations approximately once per month, lasting 7 to 10 days and involving the shoulders, arms, hands, legs, and trunk. The exacerbations could be brought on by cold weather, sudden changes in environmental temperature, or stressful situations at home. During the exacerbations, the eczema limited some activities of daily living, and he had difficulty sleeping, washing dishes, and concentrating on his work as an accountant. During remissions, the lichenified dermatitis persisted in the antecubital and popliteal fossae and at the sides of the neck, but this was a minimal annoyance and did not significantly limit daily activities.
The eczema required intermittent application of topical steroid creams during relative remissions. When it flared up, constant application of topical steroids was required, as were antihistamines and oatmeal starch baths. Systemic steroids were required once per year to induce remissions.
Results of a physical examination with basic laboratory studies were normal, except that lichenified areas appeared at the lateral aspects of the neck and in the creases of the arms and legs.
Impairment - 15% impairment of the whole person under the American system.
(this case does not involve negligence, however, the assessment is instructive)
*********************
A 30-year-old male was employed in a rare-metals refining plant. He was inadvertently splashed with concentrated liquid zirconium chloride over the face, scalp, and neck. He was immediately washed and then taken to the hospital, where he remained for 2 days. Healing and epithelialisation occurred without complications. He returned to work 22 days after the episode.
Months after the incident, the man noted that depigmentation of the splashed areas had begun to occur. He noted that the depigmented areas sunburned easily, causing considerable discomfort and restricting his ability to work outdoors or pursue other outdoor activities. Regular application of a sunscreen was necessary. Whenever the patient operated a hot kiln or approached a furnace, the heat caused a marked stinging sensation within the affected skin areas, which was so intense that he had to stop all activities for 10 to 15 minutes until the pain subsided. Also, muscle twitching occurred within affected areas. Similar episodes might be provoked by hot showers or extremely warm days. Occasional muscle twitching and severe discomfort might occur within the affected areas and wake the patient from sleep once or twice a week. The patient experienced considerable embarrassment when attempting to explain his disfigurement, and he avoided many kinds of social activities in which he previously had participated.
A physical examination I year later showed that there had been no change in the patient's pigment loss, hyperaesthesia, and intolerance to sunlight and warmth. There were well-demarcated areas of depigmentation on the right side of the face, extending from behind the right ear to the centre of the face, and from the midtemple area of the scalp to the chin. There were smaller areas of depigmentation on the left side of the neck and behind the right ear. The maximum dimensions of the depigmented areas on the right side of the face were 16 x 11 cm. There were narrow collars of hyperpigmentation around the depigmented areas. Neurologic examination indicated that all of the depigmented areas were hypersensitive to cold, heat, pinprick, and touch, and for some of these areas, low-temperature stimuli were mistakenly identified as "hot" and "burning".
Impairment - 20% impairment of the whole person under the American system.
********************
A 40-year-old woman purchased a sculptured-nail kit consisting of liquid methylmethacrylate monomer and powdered methylmethacrylate polymer. When mixed and applied to the fingernails according to directions, the chemicals formed a paste, which hardened to clear plastic resembling artificial nails. The woman's nails initially were normal, but she eventually developed swelling and redness of the eponychial and paronychial areas with severe pain and paraesthesia of all fingers. She lost the nails on all 10 fingers. When the acute inflammatory process subsided, the woman underwent patch testing and a positive result was found to 5% methylmethacrylate monomer in olive oil.
The patient was observed for several years, during which time none other fingernails regrew. The nail beds were exposed and keratinised, and the paronychial areas continued to be swollen and tender. The paraesthesia persisted, although the woman long before had stopped using the sculptured nail kit. She complained of difficulty grasping, cold sensitivity, burning, tingling, and a "pins and needles" sensation, especially when picking up small objects such as coins. The woman also had difficulty with other non-specialised hand activities, which aggravated the symptoms and increased the paraesthesia of the fingers. She typically applied adhesive bandages over petroleum jelly to her nail beds and wore gloves most of her waking hours. She was anxious and depressed and required an occasional psychiatric consultation.
Impairment - 20% impairment under the American system.
***************
I considered presenting this as a quiz to all Members of Parliament asking each Member to tick the cases they thought not serious injuries and afterwards providing the assessments. As instructive as this may have been I will not trivialise the injured in this way. Surely fairness speaks for itself.
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The decision by the Victorian Docklands Authority not to award the Docklands development project to Malaysian billionaire Robert Kuok will be welcomed by workers everywhere, especially the hotel workers of the Jakarta Shangri-La, partly-owned by Robert Kuok's transnational corporation Shangri-La Asia.
For the last three months workers at the luxury five-star hotel have been locked out of their workplace, faced harassment and assault and struggled to feed their families.
The dispute began on December 22nd last year, when management at the hotel, with no prior warning, dismissed the president of the Shangri-La workers' union, Halilintar Nurdin.
For three months previous to the dismissal the union had sought to negotiate better wages (one night's accommodation is more than two months basic salary of most of the hotel's workers) and a pension plan (the hotel is the only five-star hotel in Jakarta not to have a pension plan for its workers).
The arbitrary attempt to dismiss Halilintar produced a spontaneous workplace demonstration, whereupon, management shut down the hotel and moved all the guests to other locations. Many of the workers felt that the closure of the hotel was preplanned and designed to undermine and ultimately destroy the union.
The union from the moment the hotel was closed sought direct negotiations with management. These efforts were either largely ignored or were met with an absence of good faith on management's behalf.
The management, in early January this year, issued hundreds of dismissal notices, specifically targeting union members, including those who had been on holiday at the time of the protest on December 22nd.
The union, which is a member of the Independent Hotel Workers Federation of Indonesia, requested help as an affiliate of the International Union of Food, Agricultre, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF), the trade union which represents hotel workers globally.
The IUF has sought meetings with Robert Kuok and his fellow Indonesian investors, the Lyman Group, on numerous occasions and continues to do so. IUF representatives remain prepared to meet Mr Kuok in Hong Kong (his headquarters), Jakarta or Melbourne at any time and at their own cost. However, to date, Mr Kuok, through his representatives, has failed to offer any reasonable opportunity to meet to explore an amicable end to the dispute and sadly appears more interested in delaying any fair and just resolution to this bitter dispute.
The IUF, as an international federation of unions, believes that transnational corporations cannot divorce their activities in one country from their activities in another. A company that victimises workers and treats them with impunity in one country, cannot expect such practices to be ignored internationally. The globalisation of capital brings about both the globalisation of its social responsibilities and the globalisation of labour's response, meaning a deepening awareness of, and the need for, solidarity amongst workers throughout the world.
That was why the building unions in Victoria threatened a boycott of the Docklands project if Robert Kuok's company was awarded the tender without settling the dispute in Jakarta fairly and in good faith.
Robert Kuok's Shangri-La Asia operates close to 40 luxury hotels from Dubai to Fiji. According to the corporation's final results statement for 2000, Shangri-La Asia made US$96 million profit after taxation (up 23% from 1999).
As transnational companies increase their profits and geographic scope of activities they will necessarily attract increased public scrutiny. In particular, people will want to know whether a corporation's public image of model citizenship actually matches practices "on the ground".
The campaign to restore the Shangri-La workers their jobs continues with protests outside Indonesian embassies in Seoul to Brussels last week alone.
Robert Kuok may not have won a lucrative contract in Melbourne, but attention will stay focused on his companies, and their subsidiaries, whatever country they operate in, until the dispute in Jakarta is resolved in good faith with a return to work.
Ma Wei Pin is regional secretary of the IUF Asia & Pacific. Jasper Goss is information and research officer with IUF Asia & Pacific
by Neale Towart
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Then, as now, their labor has been accompanied by widespread debate over what constitutes a fair wage, reasonable working conditions, and society's responsibility for meeting those standards. This exhibition places the current debate on sweatshops in the garment industry in a historical context and explores the complex factors that contribute to their existence today.
Showing how labour history and the Internet can work together, it is an excellent example of using collected relics, mementos and memories in a vibrant online space.
The exhibition moves through time from the 1820s to the present day (at least to 1997 just showing you how behind I am in keeping up with these things, and also the benefit of an on line exhibition. A real time one would have been over within a couple of months but the virtual one remains for viewing for much longer).
You move through the exhibits using the floorplan of the exhibition or just by clicking on parts of pictures representing each era.
An interesting area is the Dialogue section where six individuals from different fields offer their views on what Americans should know about sweatshop production in the USA. Kathie Lee Gifford is one of these people and she designs clothes for her own label and these are available through WALMART. She has been associated with the White House Apparel Industry Partnership (under former President Clinton) and the Partnership has prevented some 100 factories in 16 countries that did not meet fair standards from working on our garments.
The exhibition works by displaying images and allowing visitors to read about that image and also with images that allow you to go to specific parts of the image. The Fashion Food Chain section gives an overview of the economic value of the garment industry in the US and the world, and also shows a map allowing you to go to specific countries.
History is divided into three eras: 1820-1880; 1880-1940 and 1940-1997.
Opening the 1820s is a vignette of a seamstress's life and work with 16 hour days and shop owners all too ready to find fault so as to avoid paying them. They often had to rely on charity to live.
Unions don't get much of a look in until the 1870s, when the Cigarmakers International Union of America initiated one of the earliest anti-tenement sweatshop campaigns.
Fires in factories are some of the horror stories we have been hearing about Asian sweatshops (often with factories contracted to US companies). The Triangle Shirtwaist Fire in 1911 was an event that alerted many people to the neglect by businessmen of the conditions and rights of workers. All 146 people died in the factory, many of them young Italian migrant women.
On of the earliest consumer campaigns is also highlighted by the exhibition, with the National Recovery Administration running a Blue Eagle campaign, identifying to consumers whether businesses complied with NRA standards. It was promoted as the patriotic duty of consumers to buy those products.
In 1938 Life magazine declared the sweatshop war won because of the combined efforts of unions, businesses, government and employers.
However the 1960s saw a resurgence in sweatshops, probably because of the increase manufacture of clothing in so-called Third World economies, as well as Japan, Taiwan and Korea.
The rapid expansion of the US population through immigration provided the fodder for the redevelopment of sweatshops, as well as the growth of mass consumption during the long boom.
The development of computer tracking of sales meant manufacturers wanted fast response time for new orders, also adding to the pressure to have "flexible" workers who can be called on at all times and in all conditions.
A concentrated campaign in California has been developed around the Targeted Industries Partnership Program (TIPP) and its efforts have been ongoing since 1992. One of their victories, at the El Monte Sweatshop, is covered by the exhibition.
Well worth a look, although there is not enough emphasis on the role of worker organisations in combating sweatshops and improving the working conditions.
Michelle Booth at Labor Council |
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As a child growing up I dreamt about the tings I would do when I was older. A Doctor, Lawyer, Police Office but I can honestly say I never thought I would be a factory worker who after years of service would be left not only without a job but also with the entitlements, which were rightfully mine.
Looking back now I cherish the advice my father gave me to join a union. Although I'm proud to be a T.C.F.U.A. member I'm proud to be part of a family that has stood beside me when we in trouble to fight for what is right. Six weeks ago we at Grenadier asked for help.
The C.F.M.E.U. organised a cricket match where we met other workers who were in trouble and although our situations were totally different we put them aside to have a bit of fun and to enjoy the moment. Later on a site shed was organised to keep us warm at night.
The M.U.A. who from the beginning have helped us in many ways, from financial support to ex-M.U.A. members coming down with boxes of fruit and vegetables to telling us old stories of disputes from years ago and current members coming down to see if we needed anything.
The T.W.U. who after a couple of days bought a caravan so we could use a barbecue and who when they learnt it was the first birthday of a worker's son organised and paid for a party.
The Nurses' Association who came down to help us when some of us were sick and didn't want to leave the line to see a Doctor.
An organiser from the A.M.W.U. who after visiting us went home and got a heater so we could be warm.
The A.W.U. who let us speak at a Delegates Conference so we could raise some money to continue our fight.
The Labor Council of NSW who kept popping in to say hello and whom after learning we lost our football went out and bought us one. Whether I asked for a cricket bat or sleeping bags they always delivered.
But most of all the T.C.F.U.A. I speak on behalf of my fellow workers when I say respect is not something you can buy. It's earnt. Tonight might be the last time we wee you as a group but you will always be in our hearts.
Paul, you were with us from our first night and when I was sick you went two hours out of your way to drive me home. Hueng who taught us how to spell in Vietnamese se we could cheat in scrabble. Kathy who played both scrabble and cards always loosing just to make us feel better. Steve who whenever we asked for anything always said yes. David who we are sure will achieve whatever he sets his mind to. Tony who taught us what a scouser was. Barbara who after being hit by a ladder and taken to hospital by ambulance to have her head stitched said, "I'm glad it was me it hit instead of you". John Owen who we lovingly call Fred never once led us to believe he was anything else but the ratbag he is. Whether it was ice cream, coke, videos or cigarettes he always delivered whatever we asked for.
Barry who spent hours talking to us in the middle of the night when morale was low, who we could call any time if we had a problem. After our decision last week to accept what was offered most of us felt like quitters and losers he said losers don't quit, they never start.
The last six weeks have proved that Grenadier workers not only stood up for themselves but we proved that the union is not only about me and now it is about guaranteeing 100% of future entitlements for workers in the years to come and that will be one of the proudest moments of our life. The time to act is now. Like our grandfathers and fathers we will fight to stop any erosion of what they fought so hard to achieve.
Grenadier workers now join the fight against workers' compensation because what touches one touches all.
Thank you.
by Neale Towart
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Twenty original and wide ranging essays lay the ground for a much needed revival of class analysis, exploring such themes as the making of a 'cybertariat', the spread of unstable, casual and contingent employment, the changes women have wrought in thw working classes, the relationship between workers 'north' and 'south', the persistence of 'peasantries', the growing significance of migrant workers, and new strategies for change which can transcend the limits of old forms of class organization and politics. There is also a focus on issues for workers in India, Southern Africa, East Asia, Russia and Brazil.
The editors preface sets out the themes:
This thirty-seventh volume of The Socialist Register, 'Working Classes: Global Realities' follows naturally from last year's volume, Necessary and Unnecessary Utopias, which explored visions and strategies capable of transcending the pessimism prevailing on the left and rekindling the socialist imagination. Socialist renewal remains, in our minds, inextricably linked with working class emancipation. This must mean the working class in the broadest possible sense; and it must also mean transcending the limits of old forms of working class organization and politics.
Hundreds of thousands of words have been written by left thinkers over the past decade on the penetration of capital throughout the globe and the triumphs of the neoliberal project; and from Chiapas to the 'Battle of Seattle' much attention has also been devoted to the emergence of an 'international civil society' opposed to globalized capitalism -- an opposition we heartily support. But the authors of this literature have too often accepted capitalist markets as the necessary organizing principle of modern economic and political life, or been too speculative and too minimally reformist in propounding ways in which capitalist markets might be managed, through taxes on financial speculation or international labour standards, for example. Such a truncation of political horizons was, perhaps, inevitable after the ignominious collapse of communism and social democracy's embrace of 'third wayism', but seems to us profoundly misguided.
Against these intellectual and political currents it seemed to us important to devote the present volume to the state of the global proletariat at the beginning of the new millennium, since any serious reconstruction of the socialist movement must begin by confronting the realignment of class structures and the impasse of working class politics that have taken place over the last quarter of the twentieth century. Class analysis as a mode of intellectual discourse, and social class as the pivotal axis of political mobilization, have both suffered marginalization, although certainly not complete collapse, in the face of the casualization of work, trade union decline and the fracturing of socialist political formations, not to mention the impact of neoliberal and postmodernist ideas. This has undoubtedly been the case in the advanced capitalist countries, and it is hard to avoid drawing similar conclusions for other parts of the world as well.
Yet this period has also been marked by acute social inequalities 'growing directly out of capitalist production itself', as Marx put it, a point conceded even by the international agencies and states leading the drive for globalization, while the absolute number of proletarians, and indeed workers in trade unions, has never been greater. As a set of social relations, then, 'class' is as central to understanding the dynamics of contemporary capitalism as it ever has been. But class as a political relation -- in the sense of workers consciously forming a class 'insofar as they engage in a common battle against another class', i.e. as agencies advancing political and economic alternatives to neoliberalism and capitalism -- remains deep in crisis.
So it seems important and timely to try to assess as honestly as possible the state of the global proletariat. One dimension of this is certainly to refresh class analysis, developing the theoretical capacity to understand a world in which an emerging 'cybertariat' coexists with 'peasantries', not to mention an increasing number of factory workers worldwide. And if this means overcoming the weaknesses of Marxist analysis, not least in relation to office workers and farmers, it also means overcoming a tendency to take the class structure of the 'North' as a model for the 'South'. A second task, therefore, has been to try to register the varied experiences of the contemporary working classes, and to do this in a way, moreover, that not only recognizes the importance of spatial differences and determinations, but also understands that this pertains to workers' diverse 'ways of living' as well as to experiences at work. A third task we set ourselves was to look at working class organization, identity formation and politics in various zones of the world, and assess their significance. Here too, we have tried not only to note trends that are common, but also those that have specific resonance for particular groups of workers and for particular places.
Conceptually, this volume challenges at least two items of current academic and political conventional wisdom. It challenges the claim -- beloved of both conservative thinkers and Third Way politicians -- that we live in a post-class age, that the working class no longer exists, and that to think in class terms is to remain trapped in the mental furniture of the old millennium rather than the new. It also challenges the tendency of much contemporary scholarship and political discourse to treat globalization as simply a matter of the increased mobility of capital. In our view this is to make three linked mistakes. It is to think of capital in a fetishized form, to forget that capital is necessarily always a social relationship, and to ignore the way in which the growth of capital in general is possible only through the expanding extraction of value from labour power. Capital is not suddenly more globally mobile because of the revolution in information technology or the deregulation of financial markets; capital is more geographically diversified than it used to be because it now has more working classes to exploit. Those who declare that we live in an age without classes need to count the growing numbers of those sections of the world's producers who now -- directly or indirectly -- depend on the sale of their labour power for their own daily reproduction. The World Bank in 1995 put that number at 2.5 billion. The global proletariat is not vanishing but expanding at a rate that has doubled its numbers since 1975.
It is not the absence of proletarian numbers that is the defining feature of the age so much as the unprecedented combination of old and new proletariats in face of global capital. Throughout the history of modern capitalism, the proletarian experience has always been complex and many-layered; but never has it been as complexly structured as it is now. For within the modern global proletariat at least several new and complex forms of class construction and experience overlay each other. In the proletariats of the core capitalisms -- in labour movements with their own long history -- the current conjuncture is one of work intensification, class restructuring and growing employer and state offensives. Across each of the major economies of North America, Western Europe and Japan, differentially nuanced by national circumstance, previous levels of proletarian power are now heavily under challenge. In each the work-effort bargain at the point of production is being intensified, job insecurity is rife, older and more unionized work groups are being replaced by newer and lesser organized ones, and the social settlement established by proletarian pressure in postwar capitalism's golden age is everywhere being eroded. In large swathes of the eastern and southern zones of what once was an undifferentiated Third World, no such social settlement exists to be defended, for there it is processes of early proletarian creation that are widely evident. There the working conditions, pay and social rights of the emerging labour forces share much in common with those typical of the core capitalisms earlier in the twentieth century: long hours for low pay, extensive use of child labour, the movement of workers from country to town, the denial of union and democratic rights and heavy state repression. Add to that the entry into the world labour market of 'Second World' workers hitherto sealed off by Cold War divisions and whose experience of full-scale industrialization (in the case of the former Soviet Union) or initial industrial development (as in Vietnam and China) either was (or in the latter two cases, still is) mediated through the rhetoric and political structures of Communist regimes.
Old and new interact dramatically in the labour experience of the newly industrializing economies of the East and the South: where different groups of workers find themselves exposed, alongside one another, to a range of different but equally daunting material conditions: the rigours of advanced factory production, the demands of modern service employment, the insecurities of petty trade and the desperate poverty of marginalized employment. Old and new interact even within the labour experience of the core capitalisms, as migrant labour becomes progressively more important for the reproduction of capital in basic industries and service employment, and as the capacity of capital to relocate to ever cheaper and more exploited sources of labour ratchets down wages and conditions of even well-organized groups of workers.
The modern proletarian condition is thus more obviously a global one than at any previous time in the history of capitalism. It is also still one that fosters divisions as much as unity within the working class. The organizational questions of working class politics remain as critical as ever. Class diversity and diverse class situations have also produced new kinds of struggle and new kinds of organization. Careful reflection on the promise and limitations of these has also been one of the main aims of this volume.
July 2000 Leo Panitch, Colin Leys, Greg Albo and David Coates
Working Classes Global Realities: Socialist Register 2001 edited by Leo Panitch and Colin Leys with Greg Albo and David Coates.
Co-published by Merlin Press; Monthly Review Press and the Fernwood Press.
Available direct from Monthly Review Press at http://www.monthlyreview.org
by The Chaser
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Ms Lees revealed last night that she'd abandoned her party some time ago to join the Liberals, with whom she's always enjoyed developing policies.
"I have so much more in common with the Liberal Party," she said. "We have a common love in the GST."
Ms Lees said she hopes to emulate the success of her predecessor Cheryl Kernot, who three years ago defected to the Labor Party to make a more substantial impact.
"And we've all seen what a huge mark she's made," said Ms Lees. "I hope I too can one day rise to her heights. It takes a certain kind of woman to whinge about seat selection, vanish for large stretches of time and then reappear in a wig before shafting their leader in the press."
The Senator said the desertion of two Democrats leaders reflects the party's ongoing frustration about being completely insignificant.
"When I last spoke to party members around three years ago," Ms Lees said, "I noticed a very distinct division between those who wanted to help shape the national policy, and those who were happy to just arse about in the Senate heckling Mal Colston."
Ms Lees has been succeeded in the leadership by Natasha Stott Despoja, who won the party ballot after members recognised her from comedy panel shows on television.
In her first public statement as leader she laid down a comprehensive plan for changes in the Democrats platform which the media confused as another opportunity to comment on her youth, good looks and choice of shoes.
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There can be no doubt it was an enthusiastic evening. On April 10, some two hundred people attended a meeting at Brunswick Town Hall launching an electoral alliance of the radical left calling itself "Socialist Alliance". Consisting of the Democratic Socialist Party, the International Socialist Organisation, Socialist Alternative, Workers Power, Workers Liberty, Workers League, the Freedom Socialist Party, Socialist Democracy, and the Worker-Communist Party of Iraq (in exile), the alliance is being heralded as having "enormous potential", "huge opportunities" and so forth.
Notably absent from this Alliance are major radical left parties such as the Communist Party of Australia, the Socialist Party, and the Socialist Equality Party, along with at least a dozen minor - and probably forgotten - organisations. It seems that even to this day, only a tentative alliance with significant exclusions can be formed among the alphabet soup of the far left of Australian politics, who continue to form separate political organisations on differences concerning an uprising in a Slavic kingdom some eighty years ago. And as much members of these organisations laugh at the tiny sect known as the Sparticists, they seem oblivious to the fact that the joke's on them. The Sparticists are merely a microcosmic parody of far left parties as a whole - sectarian, ineffectual and irrelevant.
It is not as if the confused miasma of the Australian far left hasn't experimented with unification in the past. In the mid-1980s far larger alliances that the current circumstances were cooked up between the Communist Party of Australia, the Socialist Workers' Party, the Socialist Party of Australia, the Association for Communist Unity, the BLF and a multitude of left independents (Bob Gould, Frank Hardy, Ken McLeod). The local and international circumstances were better as well. The Australian Labor Party was at the time as right-wing as it ever had been and hopefully ever will be. At the same time positive developments in the Soviet Union through 'glasnost' and 'perestroika', as well as a genuine commitment to nuclear disarmament made socialism a viable and credible local and international alternative.
Eventually of course, these discussions all fell apart. The CPA dissolved, with a section going into the ALP. The SPA re-named itself as the CPA and the SWP renamed itself the DSP. Meanwhile, Gorbachev's attempt to reform communism collapsed and the conservative Coalition gained national government in this country. The momentum for the much-heralded "new left party" was taken up by the Greens, a body and ideology which defies the chief theoreticians of the fringe parties and which continues to grow.
The radical left parties in Australia, then and now, are too fragmented, too centered around tiny sects with cultic leaderships, utterly paranoid of others encroaching on their territory, virulent in their defense of obscure interpretations of their version of history and Marxist (and only Marxist) orthodoxy. As part of his excellent far-sightedness it is little wonder that Marx himself once remarked Je ne suis pas une 'Marxiste'
But it doesn't stop there. The platform of Socialist Alliance is, to say the least, undeveloped and for that matter, nor particularly socialist. There is no mention of public ownership of infrastructure industries. There is no mention of democratic control over the means of production, let alone even partial industrial democracy. There is no mention of community control of their local environment and decentralised essential industries. There is no mention of automatic union membership. There is no mention of Constitutional or electoral reform.
Indeed, on a whole slate of issues - personal and civil rights, the environment, international relations, and natural monopolies the Socialist Alliance is actually far more right wing than say, the Greens, or for that matter, the A.L.P's Pledge Unions - Labor Left group. The platform of Socialist Alliance exposes them as merely liberals in substance with a radical vocabulary. Either that or their practical perspective is so Moribund that their leadership is more interested in enticing slogans rather than the possibility of making policy reality.
Actually the latter is most probable. Because the simple fact of the matter is that Socialist Alliance will have next to zero effect on Australian politics. Since 1984, there have been forty-seven candidates for the House of Representatives from the radical left, including the Socialist Workers' Party, the Democratic Socialist Party (same leopard, different spots), the Communist Party of Australia, the Socialist Party of Australia and the Socialist Equality Party. The highest vote that any of them has received was 3.0%, which was R. Daniell of the SWP for Reid in 1984. Even then that vote was less than half of what the informal vote was.
In fact, since 1984 radical left parties have received an average vote of less than 1.0%. In the past decade, the highest vote received in 1.5%. Informal votes are typically between four and ten times greater than their primaries. They've never even had a single trade union affiliate to them. Rather than displaying leadership, intrusions into community actions and mass movements have been notoriously destructive.
Under such circumstances, one would imagine that at some point that these organisations might actually consider that there is something fundamentally wrong with their ideological perspective in Australian conditions. Instead, the same hackneyed apologies are repeated over and over. Sometimes the mass media is at fault for being opposed to the socialist agenda. Sometimes it's the fault of electors, who ignorantly cast their vote apparently against their own interests. Sometimes parliamentary democracy is to blame.
These apologies simply don't hold up to the cold light of day. The capitalist media certainly have some capacity to temporarily distort people's opinions, but they cannot control their ideas and reasoning in the long term. Yet the people consistently vote against these organisations but have voted for the Greens, who are certainly equally disliked by the capitalist powers. As for the complaints about alleged elector ignorance or the parliamentary system, one wonders whether these people have ever considered the possibility that people - and not through any alleged ignorance - do not actually want the abolition of a democratic system but rather an expansion of it to the economic sphere?
Despite this litany of cultic sectarianism, an irrelevant, ungrounded platform and a history of mass movement, union and electoral indifference, the organisations that make up Socialist Alliance manage to attract a number of young activists each year, who - with starry-eyed idealism - believe they have discovered the true shining path. True, many have joined simply for drinking partners or for the opportunity to belong to an organisation where every day is like Scavenger Hunt. For this and the reasons outlined the numbers of these organisations only vary slightly over the years. But a number are genuinely interested in politics in a serious manner - and these people I feel particular sorrow for, as they are potentially a lost generation.
For what use it to spend youthful political motivation in an alliance that will collapse within a few years, through a combination of inter-Nicene warfare and electoral indifference? Just as deconstruction is always easier than reconstruction and criticism always easier than critique it is perhaps understandable that inexperienced political activists seek solace in the bizarre subculture of far left orthodoxy with no prospect of actually implementing social change.
But at some stage - and hopefully earlier rather than later - the dual desires of universal justice and personal freedom will demand political maturity from the most serious of the individuals involved in these organisations that are doomed to the trashcan of history. When that bolt of enlightenment strikes these individuals then perhaps they will be able, with sober senses, to direct their energies in the institutions of real political power with the practical intent of exposing the political and economic system to conspicuous tests. For it is only in this fashion - as unfashionable as it may be - that one can make an effective stand for the "old fashioned" values of individual freedom, social democracy and most of all, that most anachronistic of values - human dignity.
by Chris Christodoulou
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When the South Coast Labor Council organised to sponsor their first inaugural Race Day at Kembla Grange some three months ago no one had any idea that the major theme of the Race Day would be focussed on our campaign to stop the State Government's proposed Workers Compensation changes.
It was an historic Easter Monday for punters and unionists alike. Gone were your typical corporate sponsors advertising around the ground, hob-knobbing it with the horse owners and sashing the winning horses. In came the political adds albeit focussed on John Della Bosca and his Workers' Compensation changes, unions promoting their services, and, of course own own share of hob-knobbing it with horse owners and sashing the winning horses.
Over 600 were at the track a good share of these union members who were given free entry. The line-up of races made for good reading and good causes although my success in punting took a severe nose dive when I ventured away from my comfort zone at $1 each way to bet $5 each way on a horse called Souvlaki who ran second last. I did have some success in the betting ring when in the LHMU Injured Workers Handicap I couldn't go past backing the outsider "Advisory Council" for a place. It came in third and paid a handsome dividend. Maybe John Della Bosca should back his own Workers' Compensation Advisory Council on changes to Workers' Compensation rather than some of his minders.
All in all it was a great day and certainly not one lost on the government of the day. Call me paranoid, conspiratorial or just imaginative but how is that on the first inaugural South Coast Labor Council Race Day dedicated to stop Della's Workers' Compensation changes WorkCover decide to do an unannounced site inspection of the track that morning. Don't forget it was a public holiday too! Give us a break Della.
Anyway here's to a great race day. See you all next year.
SOUTH COAST LABOR COUNCIL RACE DAY
Race 1 C+BUS Handicap
Race 2 Super Home Loans Handicap
Race 3 Mike Dwyer Memorial Handicap
Race 4 LHMU Injured Workers Handicap
Race 5 TWU Handicap
Race 6 Save Workers' Comp. Handicap
Race 7 STA Super Handicap
Race 8 2KM "The Workers Voice" Handicap
Race 9 The Della Bosca Plate
Susan Sheather |
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Nearly two years after Labor Council Secretary Michael Costa originally announced the opening of NSW Labor Council's union shop - as part of the strategy of making Unions more accessible to union members and potential union members - the Union shop has reopened in an effort to welcome more members to the union movement.
Operating the Union Shop is Labor Council's new Organising Assistant, Susan Sheather who is working in her first union position. Susan previously worked for two years as an electorate officer for Member for Lowe, John Murphy.
"Working for a Member of Parliament, I had never really believed that my career path would take me to the industrial wing of the Labor movement. However since 1996, and particularly since 1999 when I began working at Federal Parliament, I have observed with a mixture of interest and revulsion, the industrial relations system as we once knew it being torn apart by Peter Reith and John Howard", said Susan.
Over the years as a union member Susan has participated in a number of union campaigns including with the FSU on job losses and bank branch closures and in rallies with the CPSU among other things.
"Eventually, the opportunity rose for me to work as part of the team at Labor Council and I am looking forward to learning everything I can about industrial relations and the union movement in particular and hopefully try and help people along the way", added Susan.
The Union shop will continue to provide resources - such as internet access - and information on issues from superannuation to workers compensation referrals for any Union member who requires it.
And since the shop has reopened to the public, a number of unions have already provided current information about upcoming events and union campaigns which can be made available to union members at any time.
For assistance or information, please feel free to visit Susan at the Union Shop between the hours of 8.30pm and 5.30pm, Monday to Friday on street level, number 377-383 Sussex Street, Sydney or telephone 1800-688-919.
As Della cops the heat for his compo reforms, the Liberals have been trying to stay in the corner hoping no-one will notice that the whole mess is their fault. Yep, in 1992 when the scheme was looking peachy Premier John Fahey and his IR Minister Kerry Chikarovski absolutely botched an actuarial surplus through serial boondoggling. The scheme has been hurting ever since.
The Libs have another incentive to shut up as anger turns on the Government. At the end of the day the Libs would support something a whole lot nastier than the Della Bosca package. That's not to say this one is good, just that their's would be worse.
The disciplined silence has allowed some members of the Coalition to inform themselves about the issue. John Ryan and Brad Hazzard, have given every indication that they want to understand the trade union movements' issue - without seeking political points.
Not so Chris Hartcher - who with mate and shadow IR spokesman Michael Gallagher - attended the Parliament House workers' forum the other week for precisely as long as it took to sign the attendance book.
Then this week, Hartcher could contain himself no longer and stormed into print in the Fin claiming that the day's ALP argy-bargy amounted to a "constitutional crisis". It' s not saying much but as a legal expert he makes an excellent politician.
By the end of the week he had turned conspiracy theorist: turning the rolling campaign of industrial action into a charade and accusing Costa of a conflict of interest - "a poacher about to join the game-keepers".
It was all opportunist and facile. In other words, vintage NSW Libs.
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Hartcher has previously come to our attention, where the Premier's dubbed him the 'Swamp-fox' in State Parliament, partly in reference to his mono-tonal baying, partly because he continues to defy the Liberal tradition of meritocracy by eyeing off the leadership and waiting to snap his prey.
But we at Workers Online have known him for years as the 'Bunny in the Headlights' which was the demeanor he took the last time he forayed into workers compensation policy.
For those who don't remember, one of the packages of incremental reforms brought through by Jeff Shaw after (Della's office, please note) full consultation with the trade union movement included special provisions for miners - arguably the most at risk class of worker in the economy.
AS IR spokesman Hartcher had carriage of this piece of legislation and - after a couple of snifters with the Minerals Council - decided these provisions should be removed. Using his brilliant skills of persuasion he convinced a majority of the phalanx of cross-benchers that this was a good idea.
For a few short minutes Hartcher celebrated his brilliant play, until it was pointed out to him that the funeral for the miners tragically killed in the Gretley disaster was being held the very next day. What followed is perhaps the first ever statewide mining stoppage against a State Opposition. The Government could only sit back while the Liberals faced a barrage of outrage and anger from bereaving relatives.
In what was later conceded by embattled leader Peter Collins as the low-point of 1996 (the beginning of the end?) Chris Hartcher earned his nickname with a string of wooden, yet doey-eyed performance that went very close to drawing universal sympathy. Like a bunny in the headlights.
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Having charted his career, one can only hope Hartcher bites back this week to give his own personal take on Kamikaze politics. Swamp-fox or bunny, it's irrelevant. This man is a Class A Tool.
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