Threat to CFMEU EBAs shows need to keep fighting administration

For the second time in a month, tens of thousands of CFMEU members across the country took strike action on 17 and 18 September to oppose the Labor-imposed administration of the union.

That’s the kind of industrial power that can beat back Labor’s attack and defeat administration.

Aarin Moon, MUA Victorian assistant secretary, struck a chord when he called on unions to join the fight to defend the CFMEU and told the protest in Melbourne, “Next time we shut down the ports, and shut down the economy too.”

Another date for national strike action needs to be set.

More industrial action has been flagged in Victoria with the threat of a 72-hour strike in support of its “Line in the Sand” EBA campaign.

It’s crucial that the strike action goes ahead and that it is coordinated with strike action in every state—to defend EBAs, and to keep up the pressure to scrap administration altogether.

It is only a matter of time until one of the companies decides to have a go at attacking conditions.

Administration has got nothing to do with criminality or corruption in the union and everything to do with weakening the union to the bosses’ advantage.

In Victoria several employers, including most labour hire companies, have stopped paying the pay rise that kicked in from 1 July because the EBA has not been approved by the normal Fair Work rubber stamp yet.

The Master Builders Association (MBA) also wants bosses to group RDOs together at Easter and Christmas—more productivity for them, more stress during the year for construction workers.

Building unions in Victoria are preparing for a fight over whether the EBA voted up by a huge mass meeting of CFMEU members in June is going to stand.

A delegates meeting in September launched a “Target 1000” campaign to audit building sites and sign up another 1000 companies to the CFMEU’s template EBA.

ETU Victorian Secretary Troy Gray said the 72-hour strike would go ahead, “If there’s an orchestrated, continued attack on the working conditions and the living standards of Victorian construction workers” and companies try to undermine the EBA.

The Fair Work Ombudsman is running an investigation asking companies whether they were “coerced” into agreeing to CFMEU EBAs, with a view to cancelling or modifying them.

MBA boss Denita Wawn told The Australian that it held “concerns about restrictive clauses” that included “provisions to funnel money to union funds, restrict the free choice of workers, dictate that workers’ information is handed to unions, and give unions powers to call snap meetings at any time”.

There should be no illusions that any branch can just sit tight, survive administration and emerge unscathed in 12 months’ time. It is a mistake to think that collaboration with administration will see an early end to its shackles.

Administration’s impact

The effect of administration can already be seen at the Etex lock-out in Matraville, Sydney.

CFMEU and ETU members have been locked out for seven weeks after the boss told workers that they would wait to deal with the administrator, not the union.

And while the boss tries to starve the workers back to work, the administrator controls union funds.

In Brisbane, workers on the Cross River Rail project have marked ten weeks on strike for a CFMEU agreement that includes a heat policy, job security, decent wages and a clause ensuring subcontractors are union and pay the same rates for the same job.

But since administration, organisers and delegates are looking over their shoulders, fearful that they could be sacked if they defy the law to organise the picketing or industrial action needed to win disputes against arrogant bosses.

It is also a mistake to put any hopes in the High Court challenge. A hearing is scheduled for 10 and 11 December and Queensland officials are saying there could be a decision by February, five months away.

The High Court challenge is unlikely to succeed and even if it did, Albanese would just work with the Liberals to change the law to get around any positive decision.

The ETU, AMWU and plumbers’ union altogether have already set aside $1.2 million to fund the case, comfortably above the estimated cost. That money would be better put into a strike fund.

It is industrial action that is going to beat administration and defend safety and EBAs from the bosses’ attacks.

By Ian Rintoul

Magazine

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