The Queensland Journal of Labour History No.4, March 2007 ISBN 1832-9926

EDITORIAL John Kellett 3 ASSLH President’s Column Lucy Taksa 5 BLHA President’s Column Greg Mallory 7 REPORT Flames of Discontent concert Jan Nary 9 ARTICLES George Lawson and the origins of the Queensland branch of the Transport Workers Union Manfred Cross 13

Fruitless Endeavours: the Genesis of the Bjelke-Petersen Government’s persecution of Trade unionists in Queensland, 1976-77 Murray Johnson 20 INTERVIEW Hughie Williams: General Secretary of the Queensland branch of the Transport Workers Union John Kellett 30 BOOK REVIEW Labour Law and Labour Market Christopher Arup et. al. Regulation (reviewed by Janis Bailey) 36

CONTRIBUTORS 39

NOTICEBOARD 40

1 2 Editorial John Kellett

This fourth edition of the Queensland movement. After 23 years leading the Journal of Labour History celebrates 100 union, Lawson won the federal seat of years of the existence of the Transport Brisbane in 1931. He had had his political Workers Union in Queensland. blooding in local politics and as one of the ‘suicide squad’ of MLCs who voted the On 17 December 1906 a group of men who state’s Legislative Council out of existence earned their living by driving horse-drawn in 1921. Lawson held his federal seat until vehicles around Brisbane met at the his retirement in 1960, aged 80 years. Commercial Hotel in the city. By the end Manfred Cross is well placed to provide of the following year these men had this sketch of Lawson, for it was Manfred gathered some 600 drivers into the Trolley, who replaced George Lawson as the Labor Member for Brisbane in 1961. Draymen and Carters’ Union, under the leadership of George Lawson. Through Murray Johnson’s article focuses on the 100 years of continuous existence, and via TWU in the 1970s and the Bjelke-Petersen several name changes, it was this union government’s persecution of trade union which became the modern Queensland activists. Murray documents how in the branch of the TWU. Mandarin Case one of the state’s major transport industry employers was able, with An article by Manfred Cross outlines the the backing of the government, to ruin the early history of the union and provides a working life of a TWU delegate. Murray biographical sketch of George Lawson. then discusses the Zaphir Case, where we Through his involvement with the Labor read of the government’s success in Party and his efforts to re-establish a transforming what should have been a Brisbane Trades and Labour Council in the simple industrial dispute into criminal early-1920s, Lawson occupied a place at proceedings involving the Criminal the very centre of the Queensland labour Investigation Branch and the District

42 3 Court. TWU organiser, Hughie Williams, of a trade union. By promoting an had been marginally involved in the awareness of the history of unions, the SUBSCRIBE TO LABOUR HISTORY – Mandarin Case; the Zaphir Case set a Brisbane Labour History Association is THE NATIONAL JOURNAL OF THE precedent that the Queensland Criminal directing attention to a fundamental ASSLH Code could be used against union aspect of the human condition, namely, organisers; Murray Johnson’s third case the urge to organise ourselves into groups study narrates the circumstances under for mutual protection. It is this urge which is at the heart of the sense of which Hughie Williams, in carrying out Labour History (ISSN: 0023 6942) is an internationally recognised journal and part of his duties as a union organiser, came to community which informs civilised the prestigious History Co-operative of the University of Illinois. It is published twice a the attention of the CIB and almost fell society and which led to the creation of year, in November and May, by the Australian Society for the Study of Labour History – a non-profit organisation to which the Brisbane Labour History Association is affiliated. victim to the Criminal Code. the first trade unions. In the present age of ascendent neo-liberal political and Members of the BLHA who are not already receiving Labour History are encouraged to The Brisbane Labour History social agendas there is a compelling need subscribe – the full rate for individuals is $50.00 (concession rate for students/unwaged is Association has a special relationship $35.00). Rates are kept relatively low as ASSLH is a non-profit organisation. New subscribers to identify and celebrate the forces and with the TWU as the union’s Queensland to Labour History receive the current year’s journals and a free back issue of their choice. institutions which unite us in our Secretary, Hughie Williams, has been endeavours to live a civilized existence The support of the journal by individual subscribers makes it possible for Labour History to patron of the Association since 2003. In in an increasingly uncivilised world. The continue to promote and publish labour history research in Australia and beyond. Please an interview which is reproduced in this send for the Guidelines if you are interested in contributing to the journal. present edition is a small step in that journal, Hughie reflects on the changes direction. A series of articles on Co-operation and the Politics of Consumption appeared in the which have occurred within the TWU November 2006 issue of Labour History contributing to our understanding of co-operatives and within the broader labour movement This edition of the Journal would have and their role in past and present Australian society. These authors include Patmore and during his 43 years involvement with the never reached publication without the Balnave, Cutcher and Kerr, and Darnell. Also in November: A Look at the Right and the ALP between 1917 and the Early 1930s (Kirk); a piece on John Bernard Sweeney QC (Shaw); union. technical assistant of Belinda Eastgate, Workplace Activism in the NSW Branch of the FEDFA (Westcott); the Teaching Service an administrative assistant in the School (Married Women) Act 1956 (Dwyer), and more. Readers will also find book reviews and of Economics at the University of New notices of coming events in the calendar You can subscribe from the secure website – www.asslh.org.au; or by faxing your credit England. card details to (02) 9371 4729; or by posting a cheque made out to Labour History or credit of the Association and the wider labour card details to: Labour History, Economics & Business Building H69, University of movement. Thank you Belinda. Sydney NSW 2006 I am very pleased to edit an edition of Enquiries: Tel: 02 9351 3786 Fax: 02 9351 4729 the Queensland Journal of Labour Email: Margaret Walters at [email protected] History which is devoted to the history Contents, abstracts and prices of back issues are available at the web site www.asslh.org.au or on application to [email protected]

4 41 NOTICEBOARD Federal ASSLH President’s Column Lucy Taksa ‘Women’s Labour’: September 2007 It gives me great pleasure to bring you to wish them all the best in their future Issue of The Queensland Journal of Labour History the second edition of the ‘President’s endeavours. Below I will take this This issue will be devoted to various aspects of ‘women’s labour’. Articles are sought on Column’, which aims to keep Branch opportunity to introduce you to the women’s involvement in unions, and in social justice organisations concerned (directly or members of the Australian Society for members of the Federal Executive for indirectly) with women’s labour issues. Articles should be a maximum of 3 000 to 4 000 the Study of Labour History (ASSLH) 2007, who were elected at the Annual words, and shorter pieces are most welcome. These can be first person accounts or in touch with activities of the Society and General Meeting of the Federal Society, research articles. Accompanying photographs and other visual material are also welcome held 24 November 2006. (if available). acquaint them with the members of the Federal Executive. In the first Articles will be due by the end of July, but a short summary of your article by the end of ‘President’s Column’, President Rae On this occasion, the President reported March is required. Frances introduced members to the on a number of critically important The issue is being edited by Janis Bailey, Department of Industrial Relations, Griffith structure and functions of the Society developments. The first was the decision University, [email protected], tel (07) 5552 7748. Please contact Janis if you have and provided an update of recent to use funds from author’s royalties from an idea for an article as she would love to discuss your idea with you. activities in 2006. Unfortunately, Rae did articles published in the Society’s journal, not renominate for the position of Labour History, to finance the Bede President at the 2006 Annual general Nairn Fund in order to help cement the CONFERENCE meeting. I would like to take this relationship between the Federal The Australian Society for the Study of Labour History, Melbourne Branch, in association opportunity to thank her for the work she Executive and the Society’s Branches. with the University of Melbourne and Swinburne University of Technology are hosting the did as President and especially for her Three Branches, including your own and long-standing commitment to the the WA and Illawarra Branches 10th National Labour History Conference: LABOUR TRADITIONS Society over many years. We all owe her successfully applied for grants from the on 4-6 July 2007 at the University of Melbourne and the historic Melbourne Trades Hall. a debt of gratitude for her active role in Fund to support new initiatives and I will promoting the Society and its interests. be pleased to provide further details on As the labour movement in Australia is resisting a sustained attack from a hostile Federal Government, it is time to explore the resilience and fragility of labour traditions. The 10th Likewise I would like to acknowledge these in a subsequent report. In 2006, Rae National Labour History conference will feature themes on trade union mobilising, the contribution made by two other long- Frances announced that $2000 would be working-class culture, the Cold War, workplace safety, the centenary anniversary of the standing members of the Federal set aside for 2007. founding of the IWW in Australia, the Spanish Civil War debate 70 years on, the centenary Executive who did not seek re-election. anniversary of the Harvester decision, the Waterfront Dispute nine years on, and much Bruce Scates and Mark Hearn have both During the year, the Federal Executive more. Details can be found on the Melbourne Branch website: http://www.asslh.org.au/ demonstrated immense dedication to was informed of the intention to establish melbourne or by contacting Julie Kimber [email protected] or Peter Love representing and promoting the Society a new ‘virtual’ Branch in the Northern [email protected] to organisations devoted to history and Rivers region of NSW to be co-ordinated also the labour movement. I would like by Rosemary Webb. Its aim is to

40 5 overcome the problem of distance that Secretary: Nikola Balnave CONTRIBUTORS separates labour historians in the region [email protected] by providing a means of communication Treasurer: Harry Knowles that will help to promote the ASSLH and Janis Bailey is a lecturer in the Department of Industrial Relations at Griffith University. Her [email protected] its interests. Also during the year the research interest include union strategy and culture. Before moving to Queensland in 2002, ASSLH re-affiliated with the she taught at the University of WA and Edith Cowan University, and was variously secretary, International Conference of Labour Executive Members: Tony Harris editor and committee member of the Perth Branch of the Australian Society for the Study of Historians (ITH) based in Linz, Austria. [email protected]; ASSLH members attended ITH Andrew Moore, Melanie Oppenheimer Labour History. She worked as a union industrial officer in the 1980s and 90s for various conferences in the past and those who [email protected] blue- and white-collar unions in Perth. attend in future will have their fees paid Manfred Cross held the federal seat of Brisbane for the ALP from 1961 to 1975 and again by the ASSLH. Branch Representatives: from 1980 to 1989. He has been a Member of the Royal Historical Society of Queensland, Perhaps the most significant the Royal Society of Queensland, the Australian and New Zealand Association for the development was the resolution by the Adelaide - Louise Miller Advancement of Science, the Royal Geographical Society, the Queensland Council for Federal Executive to form a committee [email protected] Aboriginal Advancement, and the Royal Institute of Public Administration. Since his retirement to review the ASSLH constitution. It has from federal politics he has been Chairman of the Library Board of Queensland. been many years since the constitution Brisbane - Greg Mallory was amended and many new issues and [email protected] Murray Johnson has taught Australian history at the University of Queensland, the Australian demands have arisen, not the least of National University and the University of Tasmania. He has published widely in many fields which are problems relating to insurance Canberra Region - Bill Tully of Australian history, including a biography of leading Queensland trade unionist Hughie coverage for activities and event. The [email protected] Williams. Currently a Research Fellow at the Brisbane Institute, he is conducting a series of first meeting of the new executive, held heritage studies on proposed dam sites in south-east Queensland. 15 February 2007, raised the possibility Illawarra - Mairi Petersen - of restructuring the organisation as part [email protected] John Kellett was secretary of the BLHA in 2003/4, when he taught industrial relations at of the constitutional reform process to Griffith University. In 2001 he published a history of the Queensland branch of the TWU, ensure closer relations with the branches Melbourne - Peter Love - entitled A Fighting Union. He currently teaches IR and Australian economic history at the [email protected] and to deal with issues like insurance. University of New England.

The following officers and executive Northern Rivers, NSW - Rosemary Webb Greg Mallory is an adjunct lecturer in the Department of Industrial Relations at Griffith members were elected to the Federal [email protected] University. His book, Uncharted Waters: Social Responsibility in Australian Trade Unions, Executive for the remainder of 2006 and was published in 2005. He is currently working on a history of the Queensland Coal Miners’ Perth – Bobbie Oliver 2007: Union and a history of rugby league in Brisbane. Greg is president of the BLHA. [email protected] President: Lucy Taksa Jan Nary is a former national media spokesperson for Choice magazine and a presenter on [email protected] Sydney - Sidgrid McCausland ABC Radio Queensland. She is now a freelance publicist, occasional journalist, a regular [email protected] contributor to Trad&Now magazine, and publicist for the National Folk Festival. Jan is also Vice President: Greg Patmore a member of the Media Entertainment and Arts Alliance. [email protected] See biographies of ASSLH Executive on page 38.

6 39 Brief Biographical Profiles of Members of the ASSLH Executive President: Lucy Taksa was Head of the School of Organisation and Management until 2006 when she was appointed Associate Dean (Education) in the Faculty of Commerce and Economics, UNSW. She is Director BLHA of the UNSW Industrial Relations Research Centre and was appointed Chair of the State Records NSW Board in February 2007. Her current work focuses on labour and industrial heritage and the history of President’s Column Sydney’s Eveleigh railway workshops. Between 1994 and 2004 she was an Associate Editor of Labour History and until late 2006 she was the Vice President of the ASSLH. Greg Mallory Vice President: Greg Patmore is Editor of Labour History, and Director of the Business and Labour History Group, Faculty of Economics and Business, University of Sydney. He serves on the governing council of the History Co-operative, based at the University of Illinois. With Ray Markey, Greg is investigating the history of non-union employee participation and he is also currently working with Harry Knowles and In December the Association held its Incorporation John Shields on a commissioned history of Citigroup in Australia. Greg is currently Chair of the discipline AGM with Andrew Vickers, General One of the most significant items that of Work and Organisational Studies in the School of Economics and Business. He has been Editor of the AGM discussed was the Labour History since May 1999 and was also Treasurer between 2002-2006. He served as President for a Vice-President, CFMEU Mining and Energy Division as guest speaker. The incorporation of the Association. It has number of years prior to 2002. been decided that this will go ahead as meeting was well attended and a number Secretary: Nikola Balnave is a senior lecturer in the School of Management at the University of Western soon as possible. The Executive will be Sydney. She completed her PhD in 2002 on Industrial Welfarism in Australia, and has published a number of important matters were discussed. I considering a report on procedures at its of journal articles and conference papers on this topic. Her current research is focussed on Rochdale consumer would like to thank Connie Healy for her next meeting. Because we are a branch co-operatives, and their historical and contemporary significance to regional Australia. Nikki has been work as Treasurer in 2006. Connie has of the ASSLH, ‘incorporation’ in the active in ASSLH Sydney Branch, and has served on the Editorial Board as a Trainee, but this is her first year decided to step down from this position. as an office bearer in the Federal Executive. State of Queensland raises a number of Connie has been actively involved in the legal issues. In my capacity as Federal Treasurer: Harry Knowles lectures in the Discipline of Work and Organisational Studies in the School of labour movement all her life and I wish Executive member of the ASSLH, I Business at the University of Sydney. He is co-author (with Mark Hearn) of One Big Union: A History of the have been elected to a Federal Australian Workers Union 1886-1994 (1996) and has a particular interest in labour biography and trade her well in the future. I would also like union leadership. Harry became an associate editor of the journal during 2006. to congratulate Ted Riethmuller on his committee of the Society to consider Life Membership of the BLHA. As I changes to the Federal constitution. In Executive Officer: Tony Harris is currently teaching Australian and labour history in the School of History the next few months both the BLHA and and Philosophy at UNSW. His book, Basket Weavers and True Believers: making and unmaking the Labor stated in my speech, Ted has contributed Federal ASSLH will be in a position to Left in Leichhardt Municipality c1970-1991, will be published in April this year. Tony has been an Associate greatly in making the BLHA a vibrant Editor of Labour History and member of the Editorial Board since 2005. propose changes to the respective labour history organisation in Brisbane constitutions at general meetings of both Executive Officer: Andrew Moore is an associate professor of history at the University of Western Sydney. and I thank him for all his work. I would organisations. His most recent book is Francis De Groot: Irish Fascist, Australian Legend (2005). Andrew has served on also like to congratulate the TWU on its the Editorial Board, the Federal Executive and on the Sydney Branch Executive since the protests against centenary. This edition of the journal has the logging of the Sahara Forests. He is also a long term member of the New South Wales working party of Rekindling the Flames of Discontent the Australian Dictionary of Biography and chair of the Tom Brock Bequest Committee which promotes been dedicated to this union. Our Patron, In September the Association hosted a the scholarly study of rugby league. Hughie Williams, has devoted most of conference/dinner/concert on the theme Executive Officer: Melanie Oppenheimer is a Senior Lecturer and teaches twentieth century Australian his life to making the TWU a strong and of the labour movement and the folk history at the University of Western Sydney. She has published numerous articles on aspects of unpaid viable organisation. I would lastly like movement. I would like to thank the labour, volunteerism and war. Her book, All Work, No Pay: Australian Civilian Volunteers in War (2002) to thank John Kellett for accepting the organising committee for their work as was shortlisted for the NSW Premier’s History Awards in 2003. Her most recent publication is: Oceans of responsibility of Editor of this volume well as all the performers and helpers on the day, who made the event such an Love: Narrelle: An Australian Nurse in World War I (2006). Melanie has served as Associate Editor on the of the QJLH. John is a former Secretary Editorial Board of Labour History since 1999 and has been a member of the Federal Executive since 2002. outstanding success. In particular I of the BLHA and author of a book on would like to single out Dale Jacobsen the history of the Queensland Branch of for all her work over a six month period the TWU. prior to the event. There is much

38 7 discussion over a short and long term A major labour/folk event of to those interested in industrial relations, follow-up to this event and the Executive international standing. There has been such as industrial tribunals, unfair This book is not for the fainthearted: at will be discussing this at its next meeting. ongoing discussion about where to go dismissal, trade unions as ‘regulators’, 38 chapters (running to 750 pages) by a after our successful ‘Rekindling the Our guest for the day was the 93 year and occupational health and safety. It total of 39 distinguished scholars from 12 old Wally Stubbings, a veteran of Flames of Discontent’ event in September. Bob and Margaret Fagan, includes less familiar topics, such as Australian universities as well as a working-class struggle in Brisbane Mark Gregory, Margaret Walters and welfare reform and the gaps between number of practitioners, it is not through his involvement with the others have been considering various labour and social security law, and labour particularly a bedside read (nor is it Waterside Workers Federation and the options. One idea is to have a smaller law/labour regulation approaches to the designed to be), and its cost puts it beyond Communist Party of Australia. event this year featuring Brisbane people more ‘atypical’ worker such as the the range of many. in order to keep the momentum going. volunteer and the ‘unauthorised’ worker. Planning The Queensland Folk Federation (QFF) There are interesting chapters on the However, this is an invaluable book for At its next meeting the Executive will supported us financially for this event be considering a number of events and Bill Hauritz, the Woodford Folk household, on the regulation of the academics (legally oriented or not), via proposed for the next few years. In 2007 Festival Director, hopes to see this family through employee entitlements, its fresh approach which relocates a number of smaller events have been project continue. I had informal talks and that touch on EEO requirements. traditional labour law scholarship in a proposed, namely a seminar on the Ekka with him at Woodford this Festival and I new frame which will expand academics’ and a seminar on the New Left. If will be seeing him in the next few months Those with a critical interest in the ways horizons when thinking about their members wish to propose an event could to see how we can develop a relationship in which business governs our lives in research, or about teaching. they please contact the Secretary, Ted with the Festival. Riethmuller. In relation to long term unseen ways will find much of interest. planning, discussions have been taking I wish all members and supporters a Because the book’s approach takes a For practitioners and those with a general place with various organisations to run productive New Year, a year in which broad view of ‘what is regulation?’ there interest in industrial relations and labour three major events in 2008/2009. These industrial relations will be one of the are chapters on how business contributes history, dipping into the book provides are: main political issues confronting the to labour market regulation, and many insights into a range of areas, helping Australian public. of the contributors problematise how ‘join the dots’ between previously A major conference on trade unionism and the environment. Janis Bailey has employers grapple with their legal unconnected areas of scholarship and presented a brief report to the Editorial obligations – or fail to do so. For raising all sorts of fascinating issues. A Committee of Labour History for instance, the book deals with a range of book like this comes along only rarely: papers to be published in a special issues relating to the internal dynamics its editors and authors should be edition of that journal. of firms (such as supply chain congratulated for this show of strength. outsourcing and business franchising), Don’t be put off by its length: the authors A conference on ‘Sport and Working- good faith and fair dealing at work, and of this scholarly and important book will class Culture’. This conference was originally planned to go ahead this year, how business regulates key issues such force all of their readers to see these but at this stage we are looking at 2008. as OHS and EEO. subjects anew. The Australian Society for Sports History (ASSH) has endorsed the pu bil Queensland contributors include BLHA conference and discussions have taken member Margaret Lee (on the regulation place with Noel Butlin Archives in of bargaining systems), and colleagues Canberra who would give us some at Griffith University: Richard support. There is also a possibility that BLHA Secretary Ted Riethmuller Johnstone, Graeme Orr, Michael Barry Leeds Metropolitan University (UK) will was awarded Life Membership of support it. the Association and Emeritus Professor Peter Brosnan.

8 37 The book is the fruit of a number of distinguished Australian scholars in the Rekindling the Flames of the Communist Party of Australia), field. It has been carefully devised by the named after the hat the tickets were editors to include some key theoretical Discontent drawn from in the local pub, now The debates, as well as to examine many of Shafston. the issues that are encompassed within the Conference and Concert labour law/labour market regulation area. Greg Mallory, President of the BLHA, 23 September 2006 opened proceedings with observations on One of the key theoretical debates concerns the boundaries of labour law. the fading trade union presence in some This book extends beyond a focus on the reviewed by Jan Nary big folk festivals, citing the CFMEU’s rights and responsibilities in the continuing support of the National Folk employment relationship, to broader Named after an album issued in 1979 by Festival as an encouraging and natural issues about labour market regulation, the Seamen’s Union of Australia during liaison. The need to reunite the festival work and family life, corporate the Utah Dispute, this one-day event and trade union movements was a topic governance and globalisation. As the explored at length in the forum held later boundaries of what constitutes an was organised by the Brisbane Labour ‘employee’ become more permeable History Association to celebrate the links in the afternoon, chaired by Senator Review of (witness the recent new Federal legislation between the labour movement and folk Claire Moore. on independent contractors and the furore music. Held in the East Brisbane Bowls Labour Law and Labour it has generated) the field of labour law is Club, it combined an afternoon Doug Eaton gave the first presentation widening its scope, and coming to grips conference and an evening concert and of the afternoon, a fascinating, first-hand Market Regulation with new issues. attracted close to ninety participants. insight into the life, work and times of John Manifold. Communist, poet, writer, Another key theoretical debate with which by Christopher Arup, Peter Gahan, the book grapples concerns the need to Dr Robert V. Anderson OAM (Uncle singer, bush instrument maker, folk song John Howe, Richard Johnstone, take a broader socio-legal perspective to Bob), an Elder of the Ngugi people, gave collector and founder of Bandicoots (the Richard Mitchell and the thorny issues of labour law and labour the Welcome to Country on behalf of the Manifold family band plus friends, Anthony O’Donnell (editors) market regulation, rather than focusing traditional landowners, the Coorparoo including Doug), Manifold was more narrowly on legal reasoning about clan of the Jagera nation. A former ships Cambridge educated and had worked for Federation Press, Sydney, 2006. formal legal issues such as case law. The painter and docker and Building Workers some time in Africa. He once remarked $125.00, hardback, 752 pp. broader view can integrate thinking on that “all we gave Africa was corrugated issues such as the intersections between Industrial Union organizer, he recalled industrial relations law, welfare law and parts of his youth spent in the area and iron, bully beef and syphilis”. Reviewed by Janis Bailey family law which may (for example) some of the local working class history. affect single parents. Traditional legal He shared memories of jogging down Ross Gwyther from the NTEU (National At a time when public policy in the area scholarship puts all these things in boxes, from his mother’s house to the saltwater Tertiary Education Union), spoke of his of labour law and labour market whereas this book seeks to understand baths at the north end of Mowbray Park lifelong interest in working people’s regulation is receiving an active airing these issues in tandem. Work, as the and the band playing in the rotunda on music, how it reflected and grew out of as the new Workplace Relations Act 2006 publisher’s blurb says ‘extends way working class struggle. He recounted a beyond the workplace gate’. Sundays; of nearby Forsythe’s Rope (aka ‘WorkChoices’) rolls out, this is a works, where the rope making shed nighttime demonstration against a timely scholarly collection that examines Given these kinds of theoretical concerns, stretched for nearly two residential railway shipment of uranium some fundamental issues in the arena in the subject matter of the various chapters blocks and of the “green hat” raffles yellowcake. Knowing that they couldn’t a fresh way. is very broad. It includes topics familiar (held for the local maritime branch of halt the shipment the handful of

36 9 protestors were feeling defeated until Mark is working on a Masters Degree QJLH: Now that employees in HW: Yes, that’s right. Not every boss is Geoff Wills started singing “We Shall called “Sixty Years of Australian Union workplaces of fewer than 100 workers going to run off to the Commission, Overcome”. The group took up the song Songs” based on his research for the have lost their right to take an unfair simply because they don’t know that they and suddenly there was a new meaning MUA centenary CD “With These Arms” dismissal case to the Commission, how can. So we have to use our muscle and energy rekindled as the power of and the growing collection of songs and has the union been dealing with cases of wherever we can. The real danger is in song was writ large in their hearts. poems on his Union Songs website unfair dismissal? (www.unionsongs.com). Describing the larger firms which can afford better legal advice and have the expertise to put Bob and Margaret Fagan spoke of the himself as “a hunter of union songs”, HW: In order to deal with this, we as a a case to the Commission. Realist Writers of Sydney and its Mark shared the work from the books and union have to be rock solid, so that writers he has unearthed in his research. publication The Realist Writer (later The bosses know that if they are going to One of these was the almost unknown QJLH: The High Court decision of Realist). With John Manifold as editor, dismiss anyone unfairly they will have wharfie poet Ernest Antony who November 2006 means that the Howard the publication attracted some of the to deal with the union. We had one case published his “The Hungry Mile and government is now free to go ahead and recently in a small depot – we called a great left-wing writers of the day, Other Poems” in Sydney in 1930. take over the state industrial relations stop work meeting on the footpath including Judah Waten, Helen Palmer, Another was the miners’ poet Jock systems. What difference will the outside the workplace, and by three Dorothy Hewett and Merv Lilley. Bob Graham. He cited the work of poet and abolition of the state system make to the o’clock that afternoon the state manager and Margaret spoke of poems that had writer Bartlett Adamson, author of a Queensland Branch of the TWU? of that organisation came to the become songs, often being set to collection called “Peace and Friendship”, workplace and reinstated the worker. traditional tunes, and gave stirring whose work inspired Denis Kevans’ in HW: I think the biggest problems will be That exercise really wound the clock renditions of a selection that included his large number of four line poems, and in the rural Shire Councils – because these back – we can still do what ever we want two poems by Dorothy Hewett : spoke of the contribution to the folk will come under the corporations to do, as long as we’re clever about it. “Norman Brown”(to the tune of “Collier canon of the IWW (Industrial Workers provisions of the WorkChoices legislation. But some of the better organised, bigger Laddie”), and “Where I Grew to Be a of the World, aka the “Wobblies”). The I think some of the conservative Shire companies would straight away go to the Man” (commonly known as “Weevils in hard-hitting poetry generated by the end Clerks in the rural areas will be some to Commission to get orders against the the Flour”) both of which are often of the Second World War was illustrated the worst to deal with, and council union, and if we breached those orders mistakenly attributed as traditional through the Dorothy Hewett and Merv workers will be in a lot of trouble. there would be massive fines on the songs. They closed with Denis Kevan’s Lilley collection “What About the union. We’ve got to outsmart these People” published in Brisbane in 1962. QJLH: Thanks for talking to the tribute to the Green Bans, “Monuments”, scurrilous bosses who want to dismiss Mark’s long interest in union songs was Queensland Journal of Labour History, to which Bob wrote the tune. people unfairly – we’ve done it before reignited by the plethora of songs and Hughie. poems that flooded into his Union Songs and we’ll do it again. Another member of the NTEU and collection during the Patrick Dispute in BLHA committee member, Janis Bailey, HW: You’re very welcome. 1998. He also spoke of the difficulty in QJLH: The latest legislation places gave a talk on researching unions and having working class poems and songs severe restrictions on workers’ right to shared some personal anecdotes. She published, since those who control strike, to put limitations or bans on introduced Bernard Carney’s “Stand publishing houses also control what they normal work practices, and even to have Together” (sadly, only on CD) then Mark deem “worthy” of our attention, and are stop work meetings. Yet you have been Gregory took the floor to talk about still affected by the Cold War amnesia able to hold stop work meetings. Is this collecting and disseminating music about that refused to regard political poetry and because some bosses simply don’t know working class struggle. song as worthy of study. what the new laws say?

10 35 Labor Party has a duty and an obligation the workplace in order to make sure that Margaret Walters and John Warner sang a Sue Monk and Lachlan Hurse spoke of to represent Australian workers – the things are working correctly – that song written by John which powerfully the songs of Latin America that had Labor Party was born from the union people have got their correct amenities evoked the atmosphere of the picket line come out of working class experiences. movement – and to get rid of this unfair and that proper safety procedures are laid at Penhryn Road during the 1998 MUA They had everyone singing along to the legislation. down. And the Queensland Labor struggle, and the whole conference joined classic Cuban song “Guantanamera”, government under Peter Beattie has put in the stirring chorus of “MUA - here to with Cuban Jose Marti’s words set to QJLH: Do you think that the Labor in place legislation to give us right of stay!” They then presented another song music by Joseito Fernandez, and Party has the will to do that? entry under occupational health and of John’s set to an old hymn tune – “Bring recorded and popularised by Pete Seeger safety provisions and this has allowed the Banners out Again”. A straightforward during the Cuban missile crisis. They HW: I sometimes worry about that. Even us to get around the limits on right of and irresistible song, it bears all the spoke of the “new song” movement that though I’ve been a member of the ALP entry under the Howard government’s hallmarks of John Warner’s genius: using swelled through Chile after the election since 1957, I’m very concerned that it is legislation. So far, we are finding that just the right words and just enough of of Allende in 1970, the collecting of becoming a more conservative party, that only a limited number of employers are them. Powerfully and irrefragably honest, songs from workers and peasants all over it has grown too close to the business trying to stop us from entering their passionate and exquisitely singable it could the country that generated a new form community. Some of the people currently workplaces, and we haven’t been well become the working class anthem of of national music. They spoke of the in the Party need to be reminded of the confronted with a serious problem yet. this age, a much-needed call to arms – and national singer / songwriter Victor Jara, Party’s working class origins – some of We will always find a way to represent hope – for a disenfranchised and wounded who was arrested and had his fingers the candidates who have been our members. endorsement lately are a bloody disgrace working class. broken so that he could not play again. to the labour movement. This has a lot QJLH: How has the union been dealing to do with the damage done to the with AWAs? Are many of the employers movement by ALP factions, which I in the industry attempting to force their mentioned before. employees to sign AWAs? How has the union dealt with this? QJLH: The Howard government’s Workplace Relations Act and the recent HW: You’d have to wonder why any WorkChoices legislation were deliberately intended to restrict the transport worker in Australia would sign activities of trade unions. I’d like your an AWA for less money than they’d get views on the extent to which the under an enterprise bargaining provisions of this legislation have agreement, but people do strange things. impacted on the TWU in Queensland. I think AWAs will become a problem in For instance, have the new limits on the future, but for now we’ve been able union officials’ right of entry to to lock in quite a few enterprise workplaces hindered the work of the bargaining agreements for the next few union? years, but it is such clever legislation that employers can now simply sack all of HW: We are a little bit lucky in that we their employees, or go through a labour can see a lot of our members outside of hire company, so that the EBA doesn’t their workplaces. But it remains very mean a thing any more, and they can then The Fagans in full swing at the Flames of important that union official do go into put their new employees on AWAs. Discontent concert

34 11 HW: A few years ago I would have said QJLH: In 1972 you stood for state They recalled the military coup and Absolutely Scandalous performed during that the best organiser is the person who parliament for the ALP in the seat of bombing of the President’s Palace in 1973 dinner, while the evening concert featured has come through the ranks of the Ithaca. And in the 1980s there was talk and the diaspora of Chilean musicians in Jumping Fences, Margaret Walters and John transport industry. But now I think that in some ALP circles of you taking a place exile, who brought to Australia their songs Warner, Mark Gregory, Jack Mancour, the law is so much more complex that it on Labor’s Senate ticket. Until the 1980s and their stories of the outrages. The Tommy Leonard, Doug Eaton, the doesn’t make sense to say that a person there were many close links between the ACTU placed a trade union ban on Combined Unions Choir, Bob and Margaret could be a truck driver today and an union and the ALP – after federal loading Chilean ships and while the Fagan and Sonia Bennett. Writer and activist organiser or an industrial officer intervention in the Queensland ALP in political scene has now shifted the music David Peetz, from Absolutely Scandalous, tomorrow. If unions are going to survive the early-1980s you became Senior Vice- of Latin America has won a permanent also compered the concert. we need to employ people who are President of the Queensland branch of the place in Australia. professionals – but, of course, many of Party, at the same time that you became A strong feeling came from the day that this these people can still come from the rank- the State Secretary of the Queensland The conference then moved into a forum should be done again as soon as humanly and-file. branch of the TWU. What is the current where the only thing missing was time. possible, and that other States might consider relationship between the TWU and the The forum discussed ways and means of similar initiatives. Organisers, in particular QJLH: The branch has many female ALP? getting people singing again, at rallies, Dale Jacobsen, are to be congratulated for members, mainly in airport catering and marches and trade union gatherings; the identifying and addressing the real need to courier services. In the past decade or so HW: At the moment the union has its need for trade unions to access more grass weave our working class cultures and you have employed women in the roles hands full with industrial matters, but the roots singers for meetings; striking the organisations back together. As John Warner of Industrial Research Officer, Labor Party remains very relevant to us. balance between booking big-name succinctly put it: “You can encapsulate Superannuation Officer, and Organiser, In particular, the next federal election will drawcards for political events and things in a song in a more powerful and and the BCOM now has one female be more important than any other election booking working class performers who emotional way than in a speech. Whether member. Has the union had to make any we’ve ever had. Right now I’m travelling sing from conviction born of experience; your singing is good or bad we need to sing significant changes in order to the state urging members to vote Labor the creation of an e-list of folk who would together – there’s a cumulative power in the accommodate the growing number of in the next election so as to get rid of the be happy to turn up and sing at trade union sheer weight of music created by people women in its membership, and in its harsh legislation brought in by people gatherings; the vital role played by the singing in a group, reinforcing each other. leadership ranks? who represent the employers. trade union choirs and the need for folk Sometimes people out there don’t want to festivals to nurture the links between hear what our song says but we need to hear HW: Transport has traditionally been QJLH: One day, sooner of later, the ALP music and working class movements. it.” considered a blokey industry, but we need will regain control of federal parliament. to have a very open mind about this. When the new Prime Minister rings you : Women in the transport industry work the up and says, “Hughie, what should we same as men and are treated the same as do about the IR laws?”, what will be your men. Our present industrial officer, our advice? north Queensland organiser and our call centre operator are all women. So of our HW: I would want to go back to the status 14 officials, three are female. I’ve quo, where there was decent legislation, certainly found that women can handle where we in Queensland had the smallest any of these jobs and are just as dedicated number of hours lost through industrial as the men. action. I’d say to the new PM that the The Brisbane Combined Trade Union Choir performing at the Flames of Discontent Concert

12 33 they want John Howard to be re-elected Organisers have been appointed, not George Lawson and the Who was George Lawson? next year. But right now some terrible elected. And from 2000, the Branch has George was the seventh child in a family things are also happening – I’ve had a employed a number of Organisers from origins of the Queensland of nine. His parents, Alexander and Ellen report from members in Rockhampton outside of the union – even from outside Branch of the Transport (nee Rilley) were both born in Drum, that an employer there is offering drivers of the transport industry. What a one month trial on $3 an hour. This is Workers’ Union county Monaghan, Ireland, and arrived difference has the appointment (rather in Moreton Bay by the ‘Legion of the sort of thing that Howard’s than the election) of Organisers made legislation allows to happen. by Manfred Cross Honour’ on 6 July 1864. By May 1869 to the way in which the union goes about the Lawsons occupied a 42 acre block at QJLH: Compared to most unions, the its business? Warner on the South Pine River. With An article in The Worker on 28 TWU has maintained its membership hard work Alexander established a dairy HW: To an extent, this change was November 1908 written by George fairly well. How has this union been able farm and orchard, grew the family’s own forced on us by the 1996 legislation – Lawson spells out the genesis of the to do this when all around it unions have food and had a surplus of vegetables and we had to become more professional. Trolley, Draymen and Carters’ Union been losing members? The problem with the old system was (TDCU), the union which was to become eggs for sale. All the children had their own ponies and became competent HW: We were doing better than most that, while someone might be a very the Queensland Branch of the Transport riders. The children were baptised other unions up until the last couple of good organiser, they could fall out of Workers’ Union (TWU). The first Presbyterians and attended the South years, but we’ve had a down turn in the favour with the members who elected meeting took place in the Commercial them, or the employers could mount a Pine Methodist Church. last year or so – nothing very significant Hotel, Edward Street on 17 December campaign against them – the better these 1906 when a provisional committee was – we’ve been able to hold our George Lawson was born on 14 August organisers were at their jobs, the more elected. On 6 May 1907 the newly membership, but I don’t feel very 1880 at the farm and grew up in a secure outgoing and efficient they were, the formed Carters’ Union marched in the comfortable about the future. We’ve had family environment. He came under the more they could come under attack. Eight Hour Day procession. In June 1907 influence of two capable Head Teachers, to adopt different tactics in order to try Another problem was that factions could the unsatisfactory state of the union’s was a keen student and received prizes and retain members. In the old days we develop between groups of organisers, affairs led to a request to Matt McCabe, for his handwriting. At the age of 13 he had the preference clauses in our awards, the energetic secretary of the Brisbane and they could start playing politics for entered employment in the boot trade for but now our union officials are branch of the Federated Waterside their own purpose. These sorts of a few months and then commenced work Workers, to take over the duties of becoming more professional and better problems were overcome by having the with R Jackson, a carrier in Fortitude Secretary. On 28 December 1907 The at talking to potential members face to organisers directly employed by the Valley, where his older brothers Jack and face – because this is the way that we union – they don’t have to fight elections Worker records a sea trip to Redcliffe on the previous Sunday: ‘The union is Bill were already employed. The three will survive as a union, by people every few years, they can put their progressing nicely’. On 23 May 1908 brothers drove three-horse lorries. hearing by word of mouth what the energy into fighting the bosses, and they The Worker records a presentation to In 1901 George enlisted in the union can do for them. are still responsible to the Secretary. Matt McCabe for services rendered as Queensland Imperial Bushmen. He QJLH: Until 1999 the TWU’s QJLH: How important is it these days Honorary Secretary and helping to firmly trained at Lytton and as No. 102 Private Organisers were elected by the that Organisers come up through the establish the union. McCabe had George Lawson, One Company, was paid members, with additional Organisers transport industry? Or are the generic resigned in April and a young driver, five shillings per day. The fifth being appointed by the BCOM for skills (like negotiating skills, George Lawson, then aged 27years, was Queensland contingent embarked for communications skills, the ability to elected as the first paid secretary and special projects, such as big recruitment South Africa on 6 March 1901 on the organise and motivate people) more organiser. By November J Richards was drives. But since 1999 Organisers’ steam transport ‘Templemore’ with 529 important? President and the union had 600 men and 476 horses. George saw action positions have been advertised, and all members.

32 13 in the Transvaal and Orange Free State Labor Party. When Morgan was other unions, although we can’t be as quarter of all workers belonged to a and was mentioned in dispatches. His appointed President of the Legislative blatant as before. union. What do you see as the reasons reference on discharge described him as Council, the Labor leader, William for this decline? Kidston, became Premier. Kidston, QJLH: Have there been changes in the ‘a brave soldier and fine horseman’. TWU’s attitude to and role within the HW: Very, very clever legislation put in Returning to Brisbane on 30 April 1902 however, was disenchanted with the Socialist Objective which had been Queensland TLC, now known as the place by the conservative government, he returned to Jackson’s where he was Queensland Council of Unions? particularly freedom of association, soon promoted to foreman. adopted two years earlier by the Queensland Labor Party. In March 1907 HW: The QCU still plays a coordinating brought in by Peter Reith in 1996, and On 16 January 1907 George married the fifth Labor-in-Politics Convention role, but a lot of unions have become the ban on secondary boycotts. Unions Rebecca Jane Buchanan, a civil servant. rejected Kidston’s leadership and the very independent. This is because, under are about the only organisations that now Two sons were born, George Alexander coalition divided, leaving Labor on the current legislation, it’s not possible to have to provide a service to people, but in 1908 and Leonard James in 1910. In opposition benches. On 13 April David organise inter-union cooperation like we those people don’t have to pay for that 1909 the family built a house in Wickham Bowman was elected Leader of the State could in the old days, especially because service. If you get on a plane, or you buy Street, Newmarket. Parliamentary Labor Party. The general of the ban on secondary boycotts. So the something at the supermarket, you have 1907: a year of ferment and change election of 18 May 1907 saw women TLC used to be able to play a leading to pay, but if you work in a transport vote for the first time in a Queensland for the Queensland Labor Movement role, but there is no such role available depot and the TWU negotiates an state election and the result was: to the Council of Unions now, so their enterprise bargaining agreement for you, From September 1903 Queensland was Kidstonites 24 seats; Labor 18 seats; position is not as strong as it used to be. and you might get a five percent pay governed by a coalition of Liberals led Opposition 29 seats. Labor continued to increase and improved conditions, you by Arthur Morgan and supported by the support Kidston in office. QJLH: Has the role of the Secretary don’t have to join the union, but you still within the TWU changed over the last get the advantages of that enterprise 40 years? agreement. So a lot of people with no HW: The Secretary of any union now principles will say, why pay union fees has to be very much a business person when I’ll get the benefits any way! And able to deal with the union’s finances, I know of bosses who have urged their and to appear in the Industrial employees to not pay union fees, who Commission at any time, and has to be have told their non-union employees to the union’s main negotiator. The job is put their money into their super funds, much bigger than it was 30 or 40 years because the employees will get the ago when the Secretary would rarely benefits of union membership anyway. appear in the Commission – the I had thought that union membership had Industrial Officer always used to do that already reached its lowest point, but now, job. The Secretary is the public face of with the new legislation, I think there the union and should have a line might be a further drop off in constantly open to the membership – membership. But eventually, in the long you’ll find my number in the phone book run, I think the recent legislation will and I consider myself to be on call every cause a growth in membership – because day of the year. of the fear that the legislation is QJLH: Since the 1980s, the popularity generating. Right now, most of the major of unions has declined around the employers are sitting back, not actually country, so that in 2006 fewer than one implementing the legislation, because The Brisbane Carting Board Circa 1910

14 31 Interview with HW: Yes, they’ve certainly got their tail Throughout these years, a major issue of George Lawson in local and state in the air at the moment. There’s nothing political contention was the proposal for politics: 1916 to 1921 Hughie Williams we can really put our finger on, but a Wages Board Act which would give by John Kellett there’s a general attitude amongst many unions a continuing role in the negotiation As a resident of Newmarket, George of the smaller operators that they can get of wages and conditions. It was because Lawson was a member of the Newmarket away with anything now. of the imminent passage of this Act that Workers’ Political Organisation, as the the TDCU and many other Queensland local branches of the Labor Party were The following is an edited transcript of QJLH: Has the TWU’s relationship with unions were formed in 1907. then known. With the WPO’s an interview with Hughie Williams, the other unions changed in the past 40 endorsement, he was elected as General Secretary of the Queensland years? branch of the Transport Workers Union. On 8 November 1907 Justice HB Higgins Alderman for the West Ward of the Hughie joined the TWU in 1964, was HW: I’d say that there hasn’t been a great of the Federal Arbitration Court brought Windsor Town Council on 5 February first elected as an organiser in 1972, and deal of change. Factions within the ALP down the Harvester Judgement which 1916. In 1919 he was re-elected served as State Secretary from 1982 to have done a great deal of harm. These established for the first time a federal unopposed and held his seat until July 1984 and again from 1992 until the factions still have a big impact on the basic wage. In the absence of a 1921 when a massive swing against present. He is Patron of the Brisbane relationship between unions, and a lot of comprehensive Industrial Arbitration Labor unseated many aldermen Labour History Association. This union energy goes into supporting Court in Queensland before January throughout the metropolitan area. interview was recorded in December particular factions. But a lot of people in 1917, Queensland unions were attracted Lawson’s career in local politics seems 2006. unions seem to forget that we are here to to the Federal Arbitration Court and for to have prepared him for a role in the fight for the working class, and that we this reason the Trolley, Draymen and Legislative Council. Queensland Journal of Labour shouldn’t be putting all our energy into Carters’ Union had amalgamated with the History: I’d like to ask you about the getting a particular person into NSW and Victoria-based Federated Since the nineteenth century the major changes in the union during your parliament, because sometime the wrong Carters and Drivers’ Industrial Union Legislative Council, which was 43 years of involvement. First, has the person might get in. And all of the battles (FCDIU) in 1909. nominated by the government of the day, employers’ attitude to the union changed between the factions tend to spread across had formed a conservative barrier against in that time? to trade union officials and sometimes to Another major event in September 1907 democratic, enlightened and progressive Hughie Williams: There has been very rank and file members. was the foundation at Irvinebank of the reforms. Appointments were for life and little change in the attitude of the major QJLH: What about the TWU’s Amalgamated Workers’ Association of usually came from the ranks of the transport employers so far – we’ve relationship with other unions in the North Queensland with Edward Granville colony’s squatters and business leaders. always had a reasonably good transport industry? Theodore as secretary and organiser. By The Council regularly rejected relationship with them. But where there 1911 the AWA had 11,000 members and legislation endorsed by the electorate in HW: Any union that rings me personally has been change is in the attitude of what was the largest union in the state, with policy speeches by Liberal and Labor with a problem, they get immediate help. I refer to as transport operating Theodore as President and William leaders alike. From 1893 the Labor We’ve still got very good relationships scoundrels. They are tougher to deal McCormack as General Secretary. Both platform had included abolition of this with other unions, but things are not as with. They have sniffed the fact that there of these men were to become Premiers nominee chamber, and from November easy as they used to be. For example, with is new legislation that will help them out, of Queensland. Two years later the AWA 1915 the Ryan Labor government sought secondary boycotts, we used to be able and I think that they are becoming harder amalgamated with the Australian to abolish the Council. to stop trucks going into and out of work to deal with. Workers’ Union. The AWU was to sites where there was industrial action become the TDCU’s (later the TWU’s) The assault on the Council commenced QJLH: Are you seeing evidence of that going on. Even though that’s no longer main rivals for members in the transport in October 1917 when Governor Goold- already? possible, we still do what we can to help industry. Adams appointed 13 members to ensure

30 15 5 S. Blackwood, ‘Doomsday for the 24 Circular authorised by F. Whitby, Queensland Labour Movement? The Secretary, Trades and Labor Council of SEQEB Dispute and Union Strategy’, Queensland, 13 September 1977, HWP. Politics, Vol.24, No.1 (May 1989), p.71. 25 QPD, Vol.23 (1977), p.469. 6 Courier-Mail [C-M] (Brisbane), 4 June 26 C-M, 15 September 1977, p.1. 1977, p.3. 27 C-M, 16 September 1977, p.1. 7 M. Johnson, No Holds Barred − Hughie 28 Transcript ‘R v. Zaphir, Court of Criminal Williams: Olympic Wrestler and Trade Appeal, 12-14 October and 15 December Union Heavyweight (Rockhampton, Qld: 1977’, p.186, HWP Central Queensland University Press, 29 ‘Report of Organiser Williams’, 23 2003), p.45. March 1977, HWP. 8 Quinlan, Miller & Treston, Solicitors, to 30 Transcript of interview by Detective Solicitor-General, Comalco House, Sergeant O’Sullivan and Detective Watson, Brisbane, 1 June 1977, Hughie Williams Brisbane CIB, 23 August 1977, HWP. Papers [hereafter HWP]. 31 ‘Confidential Memorandum from A. 9 Sunday Mail [SM] (Brisbane), 5 June 1977, Bevis, Secretary, to All Officials’, 23 p.3. August 1977, HWP. 10 C-M, 4 June 1977, p.3. 32 A. Bevis, State Secretary, TWU, to Rockhampton branch of the Federated Carters and 11 Noel Gilby, Inala, to A. Bevis, State Messrs Quinland, Miller and Treston, Drivers Union, May Day, circa 1914 Secretary, Transport Workers’ Union, Solicitors, Brisbane, 23 August 1977, HWP. Brisbane, 3 June 1977, HWP. 33 A. Bevis, State Secretary, Brisbane, to I. the elected government could form a last time. It remained for Royal Assent to 12 SM, 5 June 1977, p.3. Hodgson, Federal Assistant Secretary, quorum. Then in August 1919 George be given. With a favourable report from 13 Ibid. Transport Workers’ Union, Melbourne, 8 Lawson and two others were appointed Governor Sir Matthew Nathan, King 14 L.C. Ryan, General Manager, Bell August 1977, HWP. to replace deceased members. George V gave his assent on 22 March. Freightlines Pty Ltd, to A. Bevis, Secretary, 34 Sunday Sun (Brisbane), 7 August 1977, Proclamation on the following day gave Transport Workers’ Union, 15 July 1977, p.3. In February 1920 William Lennon, effect to what the historian Denis Murphy HWP. 35 ‘Confidential Memorandum from A. Lieutenant Governor and a former has described as the most important single 15 Johnson, No Holds Barred, p.46 Bevis, Secretary, to All Officials’, 23 Minister in the Ryan government, constitutional reform in Queensland’s 16 C-M, 8 June 1977, p.4. August 1977, HWP. appointed 14 members who were all history. 17 C-M, 10 September 1977, p.3. 36 Telegraph (Brisbane), 30 August 1977, 18 pledged to abolish the Legislative Telegraph (Brisbane), 9 September 1977, p.1. 37 Council. This now gave Labor a Being a member of the ‘suicide squad’ was p.9. ‘Confidential Report by State Secretary, 19 C-M, 10 September 1977, p.3. A. Bevis’, 31 August 1977, HWP. majority in the Council for the first time. a badge of honour in the labour movement, 20 P. Gerbert, ‘Criminal Law and Procedure 38 Johnson, No Holds Barred, p.52. It was not, however until 17 October a badge which George Lawson wore with − Intimidation − Threatening to cause a 39 ‘Report by Secretary, A. Bevis’, 9 1921 that the new Premier, Edward pride. When he died in 1966, Lawson was detriment − Criminal Code (Q.), s.359’, September 1977, HWP. Theodore, introduced a bill to abolish the sole survivor of Queensland’s Australian Law Journal, Vol.52 (1978), 40 QPD, Vol.273 (1977), p.727. the Council. After debate, the second Legislative Council. p.154. 41 C-M, 3 June 1977, p.10. clause which actually abolished the 21 C-M, 6 September 1977, p.3. 42 QPD, Vol.273 (1977), p.323. Council was carried by 51 votes to 15, George Lawson as Union Secretary 22 SM, 4 September 1977, p.5. 43 A. Metcalfe, In Their Own Right: The the Country Party voting with the I do not propose to deal with the detail of 23 Queensland Parliamentary Debates Rise to Power of Joh’s Nationals (St government. On 27 October the George Lawson’s role as Secretary of the [QPD], Vol.273 (1977), p.30. Lucia, Qld: University of Queensland Legislative Council adjourned for the Union, nor with the significant part he Press, 1984), pp.83-84.

16 29 Criminal Code. While his actions were coalition than their win three years played in the establishment of the From April 1918 George Lawson was considered by conservative politicians to before, they still held an overwhelming Queensland Trades and Labor Council, involved in two committees which be nothing less than ‘stand-over majority. Labor did manage to win three both of which are comprehensively dealt were intended to facilitate an tactics’,40 the legality of aggressive seats from the Nationals and four from amalgamation of Queensland unions recruitment was a very fine line indeed the Liberals, but it fell a long way short with in A Fighting Union by John Kellett under the banner of a new Trades and − and one that could be used on both sides of what was required to regain office. (Boolarong Press, 2001). I will, however, Labour Council. In January 1922 a of the labour divide. In the same year that Indeed, the Nationals considered that make some general comments. Zaphir was hauled through two court their seats had been lost solely through proposed constitution was circulated to cases the Melbourne Tramways Board the poor performance of their coalition Reports in The Worker and the Daily unions. On 23 February at a meeting dismissed a conductor who had refused partner in three-cornered contests. There Standard show Lawson to be an efficient between the Brisbane Trades Hall may have been some truth in this, for the to become a member of the Tramway and energetic secretary and organizer. Council and the Labour Day Employees’ Union.41 From the trade Liberals had tended to distance Committee, Lawson moved a themselves from their coalition partner After his Brisbane-based union affiliated union perspective, the issue turned on the resolution for immediate amalgamation after Premier Bjelke-Petersen made a with the Federated Carters and Drivers right of organisers to carry out their which led to the inaugural meeting of number of embarrassing off-the-cuff Industrial Union in 1909, he represented duties. In the case of Zaphir, Williams the Queensland Trades and Labour remarks on wider issues during the the FCDIU at the first Queensland Trade and Rose this meant recruitment, but as 43 Council on 12 April 1922. He was campaign. The Liberals had still lost Union Congress in 1910 and at illustrated by the ‘Mandarin Case’ it Vice-President of the TLC in 1922 and four seats of their own but, importantly, subsequent Congresses. In October 1912 could also mean protecting union 1923, President in 1924/5 and from the coalition had survived intact. This he brought about the amalgamation of members from unwarranted harassment electoral victory also meant that ‘union- February to July 1927. In all, he served and persecution. bashing’ would occupy an important seven carters’ unions from regional on the TLC Executive from 1922 to Queensland under the leadership of the One thing was certain: the Bjelke- place on the Bjelke-Petersen 1932. Lawson was strongly opposed to Brisbane branch. He attended the first Petersen government used these issues government’s platform in the future, and the Communist Party and an advocate for political purposes. A tougher stance when coupled with a denial of general federal conference of the FCDIU in of their expulsion from the Trades Hall. against the trade union movement was civil rights it ensured that resistance August 1909 and maintained a role in the A further achievement on 23 July 1930 would not only continue − it was set to taken in the aftermath of the Federal Council of that union until 1932. was for George Lawson to be elected become increasingly violent. cxonservatives’ resounding electoral by the Queensland Trades and Labour victory in 1974. The next election was Lawson was a competent administrator Council as one of its two delegates to References scheduled for 1977, and with no firm carefully building the union’s resources. the ACTU Executive. policies in place the government had to 1 P. Charlton, State of Mind: Why He moved the union’s office from the at least be seen to be doing something. Queensland is Different (North Ryde, Maritime Hall to the Trades Hall in July In March 1925 Lawson was elected as Kev Hooper of the ALP was under no NSW: Methuen Haynes, 1987), pp.123-24. 1911 and three years later he oversaw the Australia’s union representative to the illusion the entire crusade had been 2 H. Lunn, Joh: The Life and Political union’s affiliation with the Queensland Seventh Session of the International engineered solely for political gain: Adventures of Johannes Bjelke-Petersen Labor Party. Labor Organisation of the League of ‘Because the government is bereft of (St Lucia, Qld: University of Queensland Nations at Geneva. He returned on 23 policies,’ Hooper told parliament, ‘it will Press, 1978), p.203. 3 September. The ILO’s main business manufacture a sham campaign for the D. Townsend, Jigsaw: The Biography of The union established its credentials with forthcoming election and it has picked Johannes Bjelke-Petersen (Brisbane: the trade union movement by its support was the Workmen’s Compensation on union-bashing because it thinks that Sneyd & Moreley, 1983), p.342. for the AWA in the sugar workers’ strike (Occupational Diseases) Convention. 4 J. Kellett, A Fighting Union: A History of is a good subject.’42 in August 1911 and by joining the strike This was a great honour for Lawson the Queensland Branch of the Transport and for the Queensland labour Despite the 1977 election being a less Workers’ Union, 1907-2000 (Moorooka, committee for the Tramway and General movement. spectacular success for the conservative Qld: Boolarong Press, 2001), p.146. Strike from January to March 1912.

28 17 In August 1926 the FCDIU changed its Transport and Assistant to the at the end of which the two employees afterwards and advised him that the name to the Amalgamated Road Postmaster-General. After the 1943 joined the TWU after marking their police had been adamant that they had Transport Workers’ Union and in 1939 election Lawson, then aged of 63, lost respective application forms ‘under not been responsible for the press release protest’.32 Up to this point both naming Hughie Williams, and nor were it became the Queensland branch of the his place in the Ministry to Arthur encounters had been routine union they particularly anxious to lay any Transport Workers Union. Calwell. George then served on the matters of no great significance − but as charges against the TWU organiser.37 Immigration Advisory Committee and in it turned out, it was just the beginning. Clearly, the strings were being pulled George Lawson’s official connection 1945 was again elected to the ILO from a much higher level, though they with the union he did so much to create Conference, this time in Paris. On 5 August 1977, the day following did advise Hines that he would be ended when he was elected MHR for Edward Zaphir’s first trial in interviewed again at a later date. That Brisbane on 19 December 1931. His As the local member, George Lawson Toowoomba, State Secretary of the SPU, proved to be beyond their power. successor as Secretary was Alfred worked hard in the Brisbane electorate Fred Nichols, telephoned Hughie Although aware that Hines had changed Milton. and is remembered for his campaign for Williams to warn him that he would soon employment and was currently working a new General Post Office for Brisbane. be interviewed by police over the affair for the biscuit manufacturer, Arnott George Lawson MHR for Brisbane at Queensland Express Haulage. Nichols’ Morrow, the police did not know that 1931-1961 In 1947 he moved in caucus to increase informant was a serving member of the Arnotts management and staff were police force.33 While no names were equally supportive of the TWU. Thus, the size of the Commonwealth On 19 December 1931 the Scullin Labor mentioned, the Brisbane press every time the police arrived to interview parliament, which took effect in 1949. federal government was defeated in a announced two days later that a number Hines he suddenly disappeared; Over the next 14 years he enjoyed the devastating swing in every state except of union officials were currently under unbeknown to the police he was very role of the elder statesman of the 34 Queensland where the unpopularity of police investigation, though it was not close by, hidden amongst pallets of the Moore Country National state parliament. until 23 August that Williams was finally biscuits.38 35 government saw Labor returned with interviewed by two officers of the CIB. With Pat Hanlon, I had the privilege of two additional federal seats and all three His name was made public on 30 August, While this cat-and-mouse game was in when the Brisbane Telegraph announced progress, Fred Nichols of the SPU was Senators. directing Lawson’s last campaign in 1958 when he scraped home with 18% that the TWU organiser was likely to be notified by his informant that Frank of the Queensland Labor Party (later the the second union official charged under Rose, an organiser of the Federated George Lawson defeated Colonel DLP) preferences. the Queensland Criminal Code. The Engine Drivers and Firemen’s Donald Cameron, a pastoralist with a decision on what charges were to be laid, Association, was also being investigated distinguished war record, and Brisbane’s however, would not be known until after by police.39 Yet neither Williams nor George Lawson was loyal to the Nationalist Member since 1919. Lawson the conclusion of Edward Zaphir’s Rose were ever charged, and although principles and policy of his party and was subsequently returned in the next second trial.36 rumours of impending legal action hung forthright in expressing his views. A eleven elections and he was never over their heads for some time devoted family man, his interests outside opposed for pre-selection. The following day Raymond Hines, the afterwards, this particular anti-union of the labour movement were reading, his delivery driver who had arrived during crusade by the Bjelke-Petersen Serving as Whip from 1934, he was garden and a modest bet on the horses. Williams’ first altercation at Queensland government slowly ground to a halt. elected to the Ministry in the first Curtin Express Haulage, was interviewed by Edward Zaphir therefore remained the police. He contacted TWU State only trade union official to be prosecuted government and served as Minister for Secretary Arch Bevis immediately under Section 359 of the Queensland

18 27 actually paid twice, with a number of down from the machine. This aroused A comparison of working Queensland Government Gazette other would-be benefactors being turned Schuback’s fury, and he ordered the conditions between 1909 and 1928 Mon 9 July 1928 away by court officials.27 While the fine union official from the yard while was not required to be paid until after ostensibly sacking the forklift driver and Queensland Government Gazette The Board of Trade and Arbitration Zaphir’s appeal had been heard, it was a surprised office girl who happened to Wednesday 26 May 1909 Carters and Drivers, Draymen and probably just as well, for the appeal was appear at the wrong time. Williams “The Wages Board Act of 1908” Lorrymens Award 1 July 1928 dismissed on 15 December 1977.28 The declined to leave, and the police were determination of the “Brisbane Drivers employed by carriers establishment of a new legal precedent called. Much to the proprietor’s chagrin, Carting Trade Board” now paved the way for the Bjelke- however, they agreed with the TWU to take effect from 12 June 1909 One horse vehicle Petersen government to begin targeting organiser that he was legally entitled to £4.12.0 per week other union officials, with their attention carry out his duties.29 CarriersHours being drawn towards the TWU and the That the ordinary working hours for Two horse vehicle organiser who had played a minor role Shortly after the police left, events took such drivers shall not exceed 60 £4.17.0 per week in the ‘Mandarin Case’. a slightly different twist when a delivery hours in any one week, exclusive Three shillings per week for each driver from Dunlop-IBC entered the of such time taken up in bedding, additional horse over two. Hughie Williams had come directly to depot. According to Peter Schuback, the feeding and watering horses and the attention of the government in March TWU official ordered the driver, cleaning stables on Sundays and Motor vehicle up to 1 ton £4.14.0 1977, when he carried out a brief Raymond Hines, not to make the delivery holidays. Hours per week 44 investigation of a trucking firm, as the yard had been declared ‘black’.30 Before 6.30 am and after 6.30 pm Queensland Express Haulage, in the The driver’s recollection was somewhat (2 pm Saturdays) overtime is Ordinary working hours between 7 am southern Brisbane suburb of Rocklea. different. Hines admitted Williams had payable. and 6 pm Monday to Friday (1 pm Local carriers had already voiced ‘requested’ that the goods remain on his Saturday) and shall not exceed 8 hours complaints that this company, which truck, but he had every intention of Wages Monday to Friday inclusive, and 4 on operated under a number of alternate making the delivery until he was verbally £2.2.6 per week for drivers of one Saturday. names, offered cartage rates well below abused by Schuback.31 Only one thing is horse vehicles those generally accepted by the industry. certain: the delivery was not made. Overtime – time and a half, Sundays £2.7.6 per week for drivers of two Williams suspected that their operations double time. horse vehicles might also be breaching the Award, a The following month Williams returned an additional 2/6d per week suspicion fully confirmed after a brief to the depot and found two men, one of for each additional horse perusal of the firm’s time and wages whom was the previously ‘sacked’ book, which contained a solitary entry forklift driver, and both openly admitted overtime 1/- per hour recording fourteen hours and the sum of they were employed by Queensland 2/- on Sundays forty-five dollars. There was no name Express Haulage. The union organiser attached to this entry, and the proprietor, insisted they become members of the W.D. Grimes Chairman Peter Schuback, insisted that he TWU − effective immediately; failure to ______employed only one person. That comply would result in the premises employee was the forklift driver. being black-listed under the preference Williams found this man to be clause of the Award. Another heated unlicensed, and demanded that he step discussion with Peter Schuback ensued,

26 19 2 Fruitless Endeavours: The Queensland since 1908, was a this case unique. Setting a precedent following the TLC’s protest rally at the Genesis of The Bjelke- resounding success. Labor was gutted, nevertheless proved difficult at the Roma Street Forum which attracted an winning only eleven of the eighty-two outset, for after a four-day trial in estimated 6000 unionists. They were Petersen Government’s seats, while Bjelke-Petersen’s Nationals Toowoomba District Court at the closely watched by upwards of 1000 Persecution of Unionists in captured thirty-nine, the Liberals thirty beginning of August 1977, the charges police officers, an ominous presence and an Independent and the North against Zaphir were withdrawn on a which rally organisers believed was 3 Queensland, 1976-77 Queensland Party taking one apiece. legal technicality. Not that Zaphir assembled solely with one purpose in This stunning electoral victory did escaped; fresh charges were almost mind: nothing to encourage the government in immediately laid, with the venue being The Police presence was not requested by by Murray Johnson the formulation of solid policies, and in 21 shifted to Brisbane District Court. In trade unionists who felt in no need of the lead-up to the next election in 1977 response, General Secretary of the protection. Were they there to guard the The 1974 Queensland State election was Bjelke-Petersen again fell back on the Trades and Labor Council (TLC), Fred streets? The streets in their deadly way seen by many throughout Australia as a tried and tested ‘law and order’ platform, Whitby, organised a four-hour stopwork still lay in wait for the unwary motorists. good indicator of Labor Party prospects except that this time it was the labour meeting to coincide with the They were there to intimidate persons in the federal arena. An ardent states- movement which was specifically commencement of Zaphir’s second trial. who have different views to the self-styled righter, Premier Joh Bjelke-Petersen had targeted. Three interconnected episodes While the Bjelke-Petersen government government of the Premier. They were already shown himself to be more than a involving the Transport Workers’ Union regarded this proposed industrial action directed to be there by Premier Joh in the thorn in the side of Labor Prime Minister (TWU) in 1976 and 1977 revealed the hope of a confrontation with the unionists as ‘a blatant attempt to pressure the so that he could launch his election Gough Whitlam. Bjelke-Petersen’s extraordinary lengths to which this 22 judiciary’, Independent MP for campaign of “Law and Order - Who’s fundamental Christianity was totally persecution extended, and while farcical Townsville South, Thomas Aikens, running the country, the unions or the opposed to anything remotely smacking in the extreme, it was merely a foretaste revealed where his true political government?” Responsible unionists did of socialism, communism or centralism, of what was to come. allegiance lay when he savagely attacked not fall for confrontation and Joh’s − all of which according to the Premier Zaphir’s character in State parliament: provocation was a fizzer …24 − were so inextricably entwined that they Legislation passed through parliament were virtually inseparable. With his own became increasingly harsh. In 1976 Is the man Zaphir who is the vortex of The fact that protesters refused to be proposed industrial action by the conservative government motivated by amendments made to the Industrial drawn into a confrontation clearly Storemen and Packers’ Union the same a developmental ethos and devoid of Conciliation and Arbitration Act of 1961 disappointed Fred Campbell, Minister person who, in 1968, was fined $500 by for Labour Relations, who regarded the substantial policies, Bjelke-Petersen had retained the section making secondary the Customs Department after a public previously campaigned none too subtly boycotts illegal and, at the same time, rally as having been nothing more than hearing for distributing pornographic ‘a damp squib’.25 To be sure, it had no on a platform of ‘law and order’ − the removed union protection against films and, if so, will arrangements be bearing on the outcome of Zaphir’s trial. first notable instance occurring during charges of conspiracy and breach of made to fully publicise the matter so that the 1971 Springbok tour, when police contract which had been in place since the people of Queensland, who will be On 15 September a jury comprising eight batons were unleashed on anti-apartheid the passing of the Trade Union Act in subjected to considerable inconvenience women and four men found him guilty protesters in Brisbane.1 The 1974 state 1915. The 1976 amendments also and distress by the proposed strike, will of ‘threatening to cause a detriment’, be made aware of the type of man on elections therefore provided a chance to empowered Industrial Relations with Judge Loewenthal handing down a whose behalf they will grievously link ‘law and order’ within the state to Commissioners to order striking $100 fine or two months’ imprisonment. suffer?23 26 an ideological threat without, and with unionists to return to work, and unions Zaphir was allowed seven days to pay. the Whitlam government struggling from which did not comply with this direction Zaphir retained his support within the Although an appeal was lodged one crisis to another Bjelke-Petersen’s faced very severe penalties − including labour movement, appearing in Brisbane immediately, such was the support for summer election, the first to be held in deregistration. Moreover, employers District Court on 8 September 1977, the SPU organiser that the fine was

20 25 In late 1976 Edward Zaphir called on a been instructed to conduct the were also authorised to stand down told the company’s rail manager that he number of fuel depots around the investigation: employees who were left idle during had seen Gilby remove two mandarins Darling Downs in southern Queensland strike actions. Three years later the from one of the wagons and hand one to and notified the proprietors that as some [Dwyer] agreed with a suggestion by Mr. introduction of the Essential Services Act Griffiths.6 The reaction was quite of the duties carried out by their W.J. Cuthbert [for Zaphir] that it was carried this further by taking away from extraordinary. Police were called, but by employees fell within the ambit of the extraordinary that he should investigate the Industrial Relations Commissioners the time they arrived the wagons had SPU it was necessary for at least one of what was a Toowoomba matter. their power to deal with strike action departed and the only incriminating Toowoomba police normally would have those employees to be a paid member involving services considered to be evidence that could be found was a dealt with it … He agreed with a of his union. Many employees were suggestion that Hillier’s letter did not ‘essential’; thereafter it was placed in the solitary orange peel lying on the ground 7 already members of the TWU, and both make a complaint to police; nor did it seek hands of Cabinet so that the Minister nearby; a lemon peel would surely have Giovanni Pirio and Jack Cairns, police action. Dwyer denied that his being could order a return to work. Throughout been more appropriate. Although the respectively the Toowoomba agents for put on the investigation was political. He these three years there was a distinct shift police were reluctant to take any further AMPOL and AMOCO fuels, refused to did not realise it was political until after from civil to criminal law, and under the action in what was obviously a trivial comply with Zaphir’s demands. Shortly Zaphir was charged and he read Essential Services Act all cases were to matter, Bell Freightlines was adamant afterwards their fuel supplies suddenly newspaper reports.19 be heard by a District Court judge that charges be laid, and both men dried up, deliveries only being resumed without the right to trial by jury.4 With subsequently appeared in the Inala after they took out SPU membership on Zaphir was charged under Section 359 its own spin-off, the Electricity Magistrate’s Court. Although they were behalf of their employees. It was a little of the Queensland Criminal Code, (Continuity of Supply) Act, this ably defended by solicitors appointed by different with Anthony Hillier, initially formulated by Sir Samuel legislation was to be used in 1985 to the TWU, who pointed out the glaring Toowoomba agent for Golden Fleece, Griffith in 1899. This archaic law had bludgeon the Electrical Trades Union inconsistencies in the prosecution’s case, who refused to acquiesce, and secretly been resurrected by the Bjelke-Petersen during the SEQEB dispute.5 The genesis Gilby and Griffiths were nevertheless taped Zaphir’s demands that his government to prevent union officials of all these initiatives, however, was in committed to stand trial in the District employees join the SPU. When Hillier’s from carrying out their duties, and its 1976, when the Bjelke-Petersen Court the following year. Just before the fuel supplies were terminated he handed legal parameters were extremely broad: government made its first tentative hearing their defence counsel appealed Toowoomba police the tape-recording moves to test the depth of industrial directly to the Solicitor-General for ‘this he had made, albeit, without lodging a Any person who threatens to do an injury, waters. Rather than the state’s essential madness to be put at an end’, outlining formal complaint.17 It was at this point or cause any detriment of any kind to services, the first action involved the the flimsy circumstantial evidence on another with intent to prevent or hinder that political involvement began. alleged theft of two mandarins valued at which the entire prosecution was based: that other person from doing any act twenty-two cents. Rather than being dealt with as a local which he is lawfully entitled to do, or with The only substantial evidence against matter, Kevin Martin of the Crown Law intent to compel him to do any act which Married with three young children, our clients was given by one Office was instrumental in having the he is lawfully entitled to abstain from thirty-year-old Noel Gilby was employed Desmond Charles Skinner, the Rail complaint investigated by the Criminal doing, is guilty of a misdemeanour, and is liable to imprisonment for one year or by Bell Freightlines in Brisbane as a Manager employed by Bell Freight Investigation Branch in Brisbane.18 to a fine of four hundred dollars.20 forklift driver. He was also a delegate for Lines Pty. Ltd., and further by one Martin was president of the Young the TWU. In July 1976 he was loading Douglas Edward Nystrom, a Truck Liberals, and the officer chosen to carry railway wagons at Acacia Ridge with Driver employed by Bell Freight out enquiries was Inspector Charles Any complaint about Zaphir’s actions colleague and fellow union member, Neil Lines Pty. Ltd. Nystrom claims that Dwyer, ranked third in the branch would previously have been settled by Griffiths, when their world was suddenly he saw Gilby hand a mandarin to hierarchy. In subsequent court actions the Arbitration Court; now it had become turned upside down. An owner-driver Griffiths and Skinner claims to have Dwyer expressed surprise that he had a criminal offence, and that is what made

24 21 seen some mandarin peels near a railway Noel Gilby wrote to TWU State of strength by imposing three demands The anomalies of the judicial system wagon on the day in question. Our clients Secretary Arch Bevis: on Gilby’s employer. First, Bevis seem to be great, when doctors who totally deny the allegations against them required the TWU to be reimbursed for say they did not intend to defraud and and a reading of the cross-examination in I would like to express great thanks to the legal expenses; second, he wanted the yet pay back sums of $50,000 to the the Lower Court will indicate to you that Transport Workers Union on behalf of my company to pay the medical expenses Government and are still not named the relationship of our clients and Skinner wife and myself for the support and falls against a background, particularly in for Gilby’s wife, whose health had or prosecuted. And yet two men who dedication we have been shown as a deteriorated during the drawn-out saga; say they did not intend to defraud with Gilby’s case, of considerable industrial family as well as a union member all 8 and finally, he insisted that Gilby and his two mandarins are publicly named dispute. throughout the past 11 months whilst I was being prosecuted by the police for wife were entitled to a week’s paid and their families exposed in a court Gilby was an active union delegate, and the theft of 2 mandarins … we would like holiday to relieve their mental anguish. which involves a judge and jury. this was clearly why he was targeted. to say a very special thanks to Organiser Bevis ominously warned that if his Where is the basic honesty in our With the government now determined to Williams who has worked so hard and put demands were not met in full ‘all hell is society? If the judicial system finds it undermine the trade union movement, in so many hours on our behalf.11 going to break loose’.13 “hard” to prosecute for fraud of the Solicitor-General declined to $50,000 then why is it easy to intervene, and Police Commissioner Ray Hughie Williams had indeed supported L.C. Ryan, general manager of Bell prosecute over two mandarins? It Whitrod − who was soon to have his own the pair throughout their ordeal, and he Freightlines, responded by forwarding a appears that the moneyed or battles with the government − also was also representative of a new breed cheque to cover the TWU’s legal privileged of our society can manage determined that the case should of younger, more aggressive unionists expenses as a gesture of ‘goodwill to avoid being named, prosecuted or proceed.9 It did, coming before Judge who were coming to the fore to meet the towards our respective organisations’. exposed …16 McGuire of the District Court in June government’s challenge. Bevis, on the No mention was made of medical costs 1977, and it was there that this petty other hand, typified the older style of or paid holidays, and as far as Ryan’s For all that, the Queensland campaign was finally terminated at the leadership who adopted a veneer of company was concerned the matter was government’s involvement in the insistence of the judiciary. After perusing external militancy to protect their ‘now concluded’.14 Bevis took no further ‘Mandarin Case’ had been peripheral at transcripts from the Magistrate’s Court, positions within their unions. These action. Gilby, on the other hand, was now best. Moves, however, were already Judge McGuire was scathing in his forces would ultimately collide, and in a marked man, on one occasion being being engineered for direct intervention criticism of what had already occurred. a number of instances it would be the falsely accused of deliberately damaging into union activities. The attack was During cross-examination, for instance, young Turks who emerged supreme. a truck with his forklift.15 How long he launched just two months after the it was revealed that Nystrom ‘had a Before that happened, however, Hughie remained in the employ of Bell judiciary had finally brought an end to criminal record of sorts for dishonesty’; Williams would also become a target for Freightlines is not known. the persecution of Gilby and Griffiths, neither Gilby or Griffiths had any government intimidation. and involved the metaphorical previous convictions. McGuire This case coincided with the exposure crucifixion of Edward Zaphir, an questioned whether the case could be Nor were Gilby’s problems at an end. of a number of medical practitioners organiser with the Storemen and justified ‘in the public interest’ − While Griffiths had wisely found rorting the Medibank scheme. In a letter Packers’ Union (SPU). The web which meaning, of course, whether the alternative employment, Gilby to Brisbane’s Courier-Mail newspaper, ensnared Zaphir was to be cast even expenditure of taxpayers funds could be continued working for Bell Freightlines, W. Nelson Gracie of Coolum Beach, on wider in an attempt to trap the TWU justified. At this point Crown Prosecutor which by 1977 had become a subsidiary Queensland’s Sunshine Coast, reflected organiser who had played his own minor A.P. Gundelach concurred with the of the expanding Mayne Nickless on both incidents when drawing role in the ‘Mandarin Case’. ‘intimations’ of the judge and withdrew empire.12 Arch Bevis decided that this attention to the inequity of the justice the charges.10 An obviously relieved was an opportune time to make a show system:

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