The working class will rise again!

Workers' Liberty
the emancipation of the working class must be the act of the working class

                                     Workers Liberty Australia


Newsletter July 2000

Campaign 2000/2001 — no time to relax

The Manufacturing Workers Union Campaign 2000/2001 has succeeded in uniting its members in a campaign for wages and conditions, despite being subject to dozens of separate Enterprise Bargaining Agreements.
This was achieved by careful co-ordination of EBAs so that they would expire either in June 2000 or June 2001. 'The basic claims of Campaign 2000/2001 are for a 6% wage rise, better job security, predictable and reasonable hours, protected and portable entitlements and regulation of casuals and contractors.' according to the AMWU. The AMWU also claims credit for defeating Reith’s most recent 'Third Wave' anti-union legislation, with strong lobbying of the Democrats. This was different from previously encouraged forms of Democrat lobbying, because it was backed up by a clear and serious intention to act, by AMWU members. The Australian Industry Group was disaffected that its member employers broke ranks in failing to resist the AMWU Campaign, but has now agreed to discuss with the union on a national basis. The AMWU has repeated the Victorian CFMEU tactic of breaking down the ability of the bosses industry group to lead the employers in resisting union action for the 36 hour week.
This positive result contrasts with the High Court's upholding of Reith's award stripping provisions of the Workplace Relations Act on 15 June. The CFMEU had challenged their legality. Reith and his supporters cannot be expected to retire from battle now. Reith is still plugging away with more waves of his previously ditched legislation. We need to be ready to keep up the fight, and at least we now have some recent victories for inspiration.



ACTU Congress: fair trade, free trade or workers' solidarity

Fair trade Vs free trade is shaping up to be a hot topic of debate in the labour movement, with the recent ACTU Congress having adopted the fair trade position advocated by Doug Cameron of the AMWU. The NSW ALP Conference a couple of weeks earlier had rejected it, at the insistence of the MPs and the right.

Other policies adopted by ACTU Congress indicate that there is a new mood for taking the initiative in campaigning for improvements, rather than being consumed by defensive reactions to attacks.
These policies include demands for legal protection for collective bargaining, a broadened campaign for a 36 hour week, and a substantial rise in award rates of pay. Greg Combet also told Congress that unions have to maintain ‘a strong independent voice for working people’ even if this meant 'serious differences with Labor'.
"Free trade with countries with oppressive labour regimes and with no social or environmental regulations is deeply problematic and should attract a social tariff upon goods landing in Australia" according to Doug Cameron of the AMWU. On ABC Radio National on 28 June, Cameron said that it wasn_t fair that Australian workers had to compete for jobs on the terms and conditions offered in very low waged countries.It seems he would prefer less disparity in the terms of competition amongst workers. The social tariff idea sounds as though it could be a form of solidarity with workers employed in extremely poor conditions, but it can easily be turned into antagonism. Do we know what sort of solidarity organised workers in the ‘unfair’ trade countries want? e.g. Indonesia, Fiji, India, Pakistan? Have ‘fair traders’ developed policies jointly with unions/workers in those countries to work out the best way to improve their conditions, and take united action together? How clean is Australia's environmental record? We have very high per capita greenhouse gas emissions. Could retaliatory ‘fair trade’ restrictions be advocated against Australia?
The ‘fair trade’ campaign is an attempt at a union response to corporate globalisation’s disregard for human needs and rights, which has been stimulated by the energy of the Seattle demonstrations. A special guest at the ACTU Congress was Richard Trumpka, a leader of the AFL-CIO, who spoke about globalisation and fair trade. Trumpka is not a socialist - on ABC’s Lateline on Wednesday 28 June, he said that he wants corporations to prosper and endure, and to behave responsibly towards workers and on social and environmental issues.
For the response of an American socialist unionist to the AFL-CIO’s views, which recognises its contradictory elements, you can read more in this newsletter in the article After Seattle, the ongoing battle.



Industrial relations policy: which way for the labour movement, independent umpire or workers' independence?

Australian Workplace Agreements would be abolished, and Sections 45D & E of the Trade Practices Act would be repealed by a Labor Government, promised Kim Beazley in June.

Both these promises are actually part of the ALP's industrial relations policy from the 1998 election. The draft of the policy for the next election has just been released, but WL has not yet obtained a copy. So to get an idea of what Labor might do, here is a look at the 1998 policy A better plan for industrial relations at http://www.alp.org.au/campaign/policy/betterplans/industrial.html.
This Better plan proposes a thorough review of all aspects of IR by an ALP government, but in advance says Labor would "implement a ‘Ten step rescue plan’ to fix the ten very worst aspects of the Workplace Relations Act."
The ten points in brief are:
1. Restore the power of the Australian Industrial Relations Commission to:

  • restore all award conditions that have been stripped away, by repealing Section 89A. (What would lead the Commission to actually restore all these conditions?)
  • settle and prevent industrial disputes, by having the power to deal with all matters that are the subject of dispute.

  • 2. Allow the Australian Industrial Relations Commission to make effective and comprehensive awards for all conditions and rates of pay, not just minimum rates awards, as the Commission has been limited to by Reith’s legislation.
    3. Introduce a new power to the AIRC, to be able to arbitrate in cases previously limited to State industrial arrangements - by repealing Section 111AAA.
    4. Abolish of barriers to 'multi-employer agreements'; i.e. allow for industry wide agreements. (Enterprise bargaining, which was the foot in the door for breaking down industry wide agreements, was introduced by Labor under Hawke and Keating).
    5. Introduce a condition for awards and agreements that workers should be ‘no worse off’ than under otherwise applicable award conditions, including abolition of AWAs (Australian Workplace Agreements), [which exclude unions from being represented?]
    6, Give priority to collective bargaining, by placing restrictions on individual agreements, and supporting the right to union representation.
    7. Abolish the Office of the Employment Advocate
    8. Provide a right of entry of union officials to workplaces (with limitations, so as not to inconvenience employers).
    9. Emphasise "resolution of industrial disputes, rather than punishment of industrial action." - by repealing 45D and 45EA of the trade practices act, and replacing them with secondary boycott sanctions that can be applied "but only after the AIRC has had an opportunity to resolve the industrial dispute."
    10. Extend protection of industrial laws to ‘all workers’, including where there is a contract or agreement that might not fall strictly within the definition of 'employee',

    Other measures of ALP policy:
    For employment security:
    Legislate for employers to take out insurance to be able to pay the entitlements of sacked workers, and for related companies to be held liable for the employment of workers of insolvent companies. This policy has been fleshed out in February 2000.
    Inquiry into hours and quality of working life:
    This proposed inquiry has some laudable aims, including to ‘ensure a more equal distribution of work hours’ and some contradictory aims ‘promote a positive workplace and working time reform alongside enhanced productivity, efficiency and creativity; reduce workplace stress’. Are these compatible when productivity is determined as increased output in relation to the cost of labour?
    Occupational Health and Safety
    Increase the Commonwealth's role, by funding research, standard setting, education and information, and enforcement.
    Increase funding to the AIRC.
    Reverse (partially) cuts to Commonwealth industrial law enforcment and information services.
    Issues that you won’t find in this policy are youth wages, child support policies e.g. by an extension of entitlements to either paid or unpaid parental leave. Unemployment is not in this policy either.

    Principles
    Arch Beavis, Labor's IR spokesperson, interviewed in Workers Online in September 1999, said "Some of the fundamental principles we have held to in industrial relations remain important, the challenge for all of us in the labour movement is to ensure that those policies are translated into workable models that do actually deal with the challenges in the 21st century." If Beavis meant to say that there’s a whole lot better world to win out there, if we were to go for it, and not be shackled by our past reliance on accommodating to the archaic and rusting capitalist system...I could agree with him. But this reference to principle remaining important, but we’ve got to change seems to mean that we've got to accommodate to changes in capitalism, globalisation, etc. The fundamental principles are not reiterated. What are they?
    Principles that Workers Liberty would want to see recognised are:
    Workers right to organise. We have no interest in balancing between the demands of workers and bosses - we’re against penalties applying to unions if the AIRC has not resolved a dispute. We advocate the unconditional repeal of 45D and 45E of the Trade Practices Act, unlimited rights of access to union officials to enter worksites, and the right to hold union meetings in worktime.
    Workers self-reliance. The role of the AIRC is a double-edged sword. On the one hand it has granted unions broad ranging improvements in wages and conditions, applying also to workers who are in comparatively weak industrial positions. This 'granting' of improvements to workers is in response to union campaigns often involving industrial action, so the gains still had to be won, but then formalised by the Commission. The importance of relying on industrial campaigning versus clever legal argument is debated during union campaigns.
    On the other hand, the AIRC and its predecessor the Conciliation and Arbitration Commission have reined in smaller more militant groups of unionists, and held back the unions when they could have been in a position to win more, and more importantly to inspire other unions to fight for more. The deregistration of the BLF and the Airline Pilots during the Accord are examples of the broader union movement policing individual unions, in order to preserve the authority of the industrial relations system (and the Hawke Labor Government). The role of the ‘independent umpire’ is accepted as providing protection from some of the worst excesses of the bosses. And to some extent this is so, and the experience of Reith’s dismantling of the Commission can be seen to confirm this. But when the union movement is strong and self-reliant, this ‘protection’ is a hindrance.
    Solidarity - support for the rights of all. Some aspects of Labor's proposed restoration of powers to the AIRC encourage this - industry wide bargaining, broad based and broadly applicable awards.
    Rights of unions to determine their own affairs. No imposition of secret ballots. Union democracy that is created by the members, accountability of officials etc, to workers needs can only be effective if it is accountability within the union, and not accountability under the laws of capitalism. The ALP has not undertaken to repeal sections of the WRA which interfere in internal union affairs.

    Which Labor policies are worthwhile for unionists to campaign for implementation of?
    Labor’s approach to class conflict is to manage it. This is shown in the promise to repeal some of Reith’s laws, and point 9 of the ten step rescue plan, which emphasises ‘resolution...rather than punishment’. Labor’s record under the Hawke-Keating Government, and earlier governments, shows that Labor is also ready to use punitive measures against unions. Hawke’s government broke the unions of airline pilots and builders, because they didn’t fully conform to the Accord. ‘Resolution’ of industrial disputes is judged on what the resolution actually is, it is not an end in itself.
    Workers Liberty is for the repeal of all laws which penalise workers for asserting their interests against the bosses, and urges all unionists to agitate for extended ALP commitments to repeal laws which restrict union rights and autonomy. This is a positive in the promises of the ALP. We support the extension of awards to cover as wide a range of workers as possible, and as wide a range of conditions as possible. Increased funding for OH&S, and an inquiry into working hours are worthwhile. But a high standard of OH&S and shorter hours will need vigorous campaigns to be secured.
    And we also caution that Labor in government bows to pressure from the employers, and that we can’t rely on Labor to be on our side, they will be reluctant to repeal all restrictions on unions. We will still have only union solidarity to rely on.



    Queensland Teachers Strike For 24 Hours On 14 June

    Queensland state school teachers struck for 24 hours on 14 June, after a long and miserable process of Enterprise Bargaining (EB) between the Queensland Teachers Union (QTU) and the Department of Education. The former EB agreement expired on 1 March, the QTU lodged their claim with the Department in advance as early as July 1999, but the Labor state government has still done no more than announce a take-it-or-leave-it offer last November: 3% per year for three years on pay, and nothing on the QTU's demands about conditions of teaching and learning.

    There are more than 32,000 state school teachers in Queensland, and the vast majority struck. 68 strike meetings were held statewide on the day, with the major strike meeting in Festival Hall, Brisbane, attended by over 3000 teachers.

    Beattie offer rejected
    The Beattie ALP state government has not moved from its original pay offer to teachers of 3% per annum. It did try to buy off the pending industrial action by offering, oh-so-generously, to pay the first 3% immediately pending arbitration if the strike were called off. This interim offer, designed to appeal to teachers retiring this year or otherwise anxious to get more money in their pay packets immediately, at whatever cost, was put to a ballot of the QTU membership and rejected by 94%. The state government is still stonewalling on the QTU's other claims of the QTU, which are concerned to address the conditions that state school teachers - and their students - work under. These are:

  • reductions in class sizes (e.g. employing more teachers)
  • more funding and special programmes to help with the management of disruptive behaviour by students
  • more funding for students with special needs
  • upgrading information technology.

  • On 24 June, in the negotiations that followed in the wake of the industrial action, the Department announced that it would offer the QTU a commitment about classroom sizes: it has offered to employ another 800 teachers. This is a gain directly resulting from the QTU's industrial action. It would not have occurred otherwise. But as yet none of the other points have been addressed and a 2.5% increase in teacher numbers falls far short of a grand improvement in staff: student ratios.
    At the big strike meeting in Brisbane it was decisively voted to take further action, but this action has as yet only been partially specified, and it is not clear how the QTU will act in response to the apparent change in heart by the Department in offering to employ the extra teachers. It was voted that if there was "no significant improvement in negotiations" with the state government by a deadline of 15 July, then the QTU members would engage in further action in which there would be more 24-hour strikes, but these would be held on a 'rolling' regional basis.

    Rolling strikes
    What constitutes a "significant improvement"? And a shift to rolling strikes signifies a reduction, rather than an increase, in the tempo and force of the industrial action. A statewide 48 hour strike would have been a much better next step.
    Finally, there is a dangerous and politically stultifying form of reasoning newly emerging from union executives and the state government. The Queensland Minister for Health, Wendy Edmond, in response to a conservative MP delighting in a bit of schadenfreude about the state of industrial unrest in Queensland, the snap-strike of Australian Workers' Union (AWU) non-medical staff at Princess Alexandra Hospital, and the possibility of industrial action by the state's nurses in the Queensland Nurses' Union (QNU), has claimed that it is natural for "tempers to flare" at a certain stage of negotiations. Whilst an implication of this statement is an admission that EB puts workers in direct industrial conflict with their bosses on a constant basis, it is also a patronizing fob-off of the genuine industrial action that has taken place in Queensland, and presented as an eternal verity of nature. Teachers have become angry enough to take action - not in some sudden fit of pique, but in a long process of union meetings and ballots stretching over more than six months - not only because our wages are too low and our conditions wretched, but because of the arrogance and treachery of the Beattie government which so falsely labels itself "Labor".