Vol. 8 No. 5 June 1998 Canber $5.95 P for a New Millennium
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w. a Vol. 8 No. 5 June 1998 canber $5.95 p for a New Millennium: spirituality of citizenship, the church and the nation 11-13 September 1998 Greenhills Conference Centre, Canberra The Conference is an opportunity to participate in developing the influence of Christian faith and practise on Australian society into the next millennium For more information or an application form with full details contact: Lin and Steve Hatfield Dodds, ph: (02) 6262 6070, fax (02) 6258 7680 or E-mai I: alanhat@ozemai l.com.au The Zadok Institute PO Box 289 Hawthorn VIC 3122 Phone: (03) 9819 5450, Fax (03) 9818 3586 e n Please phone, fax or mail (The Institute at the above address) for the . ard many others Eureka Street readers' complimentary copy of the Autumn edition of Zadok Perspectives. E-mail: daniel_batt@ msn.com Volume 8 Number 5 EU srREEr June 1998 A magazine of public affairs, the arts and theology 'Laurie [Oakes] is somelhing of an amateur anarchist,' says Russell Barton, news editor for the ABC. 'If Laurie turns up to a doorstop, your heart 30 sinks,' says Innes CoNTENTS SHADES OF SIR JOHN Willox, press officer Blasts from the past: the February 4 Constitutional Convention was constrained for Alexander Downer. COMMENT by the events of November 1975. 'If Laurie mutters Ron McCallum on the groundshifts in Spencer Zifcak argues for a fresh look. "That was bullshit" the industrial landscape. 34 after your press 7 BOOKS conference, you know CAPITAL LETTER Peter Cochrane reviews Henry Reynolds' you are done for,' This Whispering In Om Hearts, 8 Michael McGirr explores Murray Bail's ~ays one of the Prime LETTERS Eucalyptus: A Novel (p36), John Uhr Minister's press reviews David Solom.on's Coming of secretaries. 10 Age: Charter fo r a New Australia (p3 7). - See 'Fit to print' THE MONTH'S TRAFFIC by Margaret Simons, p1 6. With Dewi Anggraeni, Peter Mares, James 37 Nichols, Margaret Simons, Sean Doyle. POETRY 'Schubert's Dog' by Peter Porter. 13 SUMMA THEOLOGIAE 39 MUSIC 16 Jim Davidson reviews the FIT TO PRINT 1998 Opera Australia season. This project has been assisted Margaret Simons asks the double-barrelled by the Commonwealth Government through the Australia Council. its question: does the Canberra press gallery 42 arts jwJding and advisory body. led public opinion or is the gallery led by a THEATRE new politics of information? Geoffrey Milne surveys the warts-and-all Cover design by Siobhan Jackson, theatre of playwright Daniel Keene. after Gustave Dore Graphi c ppl7- 19, 21-22, 24, 26, 24 29-30, 36 by Siobhan fackson. THE CLASH OF SYMBOLS 45 Graphic pl4 by Tim Mctherall. Andrew Hamilton on the politics FLASH IN THE PAN Cartoon p l 0 by Dean Moore. of communion. Reviews of the films The Object of Cartoon pl5 by Peter Fraser. Photographs p5 by Andrew Stark, My Affectioni Nil By Mouthi Twilighti pll by Bill Thomas. 25 and The Boys. Photograph pl2 courtesy ARCHIMEDES fames Nichols. 50 Eureka Street magazi ne 26 WATCHING BRIEF Jes uit Publications COUNTING OPTIONS PO Box 553, Ri chmond VIC 3 12 1 Paul Chadwick asks can a high-tech Tel (03) 9427 7311 51 Fax (03) 9428 4450 Grub Street guarantee m edia diversity? SPECIFIC LEVITY V OLUME 8 NUMBER 5 • EUREKA STREET 3 COMMENT R oN M c CALLUM A magazine of public affairs. the arts and theology Publisher Daniel Madigan SJ New times, Editor Morag Fraser Ass is tan t editor Kate Manton new tactics Consulting editor Michael McGirr SJ I T " AN omN-QUDTm 'AY<NG of miliwy hi"mian' th.,, Production manager when fighting wars, generals and politicians alike are guided Sylvana Scannapiego more by the tactics and manoeuvres of the battles they participated in w hen young than by current technologies and Graphic designer: Siobhan Jackson strategies available to them. Sub-editor: Juliette Hughes The misunderstanding of trench warfare by the British cavalry Production assistants: Paul Fyfe SJ, trained generals was undoubtedly a contributing factor to the Chris Jenkins SJ, Scott Howard slaughter on the Western Front in World War I. Similarly, one of the reasons why Prime Minister Churchill delayed the opening Contributing editors up of the Normandy western front in World War II was his Adelaide: Greg O'Kelly SJ, Perth: Dean Moore technologically unsound fear that the D -Day landings would Sydney: Edmund Campion, Gerard Windsor re-create the Flanders battlefields of the previous generation. Queensland: Peter Pierce When the history of the 1997- 1998 waterfront conflict is written, it is my belief that it will be concluded that advisors, South East Asia correspondent consultants and politicians were ca ught in a similar time warp. Jon Greenaway When framing scenarios to oust the Maritime Union of Australia (MUA) from our wharves, they were guided m ore by the laws and Jesuit Editorial Board m anoeuvres of the heady 1980s than by the laws and strategies Peter L'Estrange SJ, Andrew Bullen SJ, of the '90s. Andrew Hamilton SJ The 1980s were not a good time for those trade unions that Peter Steele SJ, Bill Uren SJ relied principally upon industrial muscle to achieve their ends, because more often than not, these organisations fell foul of the Business m anager: Sylvana Scannapiego law. In England, Prime Minister Margaret Thatcher led the Marketing m anager: Rosanne Turner charge by defeating the miners' union when its executive were Advertising representative: Ken Head foolish enough to call an illegal strike in contravention of the 1984 balloting laws. Patrons In Australia, section 45D of the Trade Practices Act, which Eureka Street gratefully acknowledges the outlawed secondary boycotts, was a brick wall that blocked the support of Colin and Angela Carter; the power of both the m ea t workers and the Builders Labourers trustees of the estate of Miss M. Condon; Federation. When attacking new slaugh tering arrangem ents in W.P. & M .W. Gurry. the meat industry, for example, the m eat workers acted in Eureka Street magazine, ISSN 1036- 1758, contravention of the secondary boycott laws and were ensnared Australia Post Print Post approved in legal proceedings concerning picketing, injunctions and pp349181/003 14, eventually massive damages. The Mudginberri litigation was is published ten times a year akin to the 1916 battle on the Somme-the 'Meaties' were bled by Eureka Street Magazine Pry Ltd, white. The Dollar Sweets litigation showed also that the rules of 300 Victoria Street, Richmond, Victoria 3 121 the common law could be used to prevent uncontrolled and ill Tel: 03 9427 73 11 Fax: 03 9428 4450 disciplined picketing. Even the pilots, who when in dispute with e- mail: [email protected] u the airlines in 1989 sought to escape the rigours of the law Responsibility for editori al content is accepted by through mass resignations, found themselves on the receiving Daniel Madigan, 300 Victoria Street, Richmond. end of common law litigation and administrative adjudication. Printed by Doran Printing, When the Coalition Government came to power in March 46 Industrial Drive, Braeside VIC 3 195. 1996, one of its first projects was to enact new industrial laws. © Jesuit Publications 1998 Two aspects of these laws warrant comment. First and foremost, Unsolicited manuscripts, in cluding poetry and the laws on strikes were tightened in order to limit legal strike fict ion, wi ll be returned only if accompanied by activity only to genuine negotiations for certified agreements a stamped, self-addressed envelope. Requests for during valid bargaining periods. The fl agship of these new laws permission to reprint material fro m the magazin e was a more tightly drafted section 45D of the Trade Practices should be addressed in wri ting to: Act- crafted to prevent trade union secondary boycotts. Section The editor, Eurel<a St reel magazine, 45D even contained special provisions to limit both primary and L PO Box 553, Richmond VIC 3 12 1. secondary boycotts on the waterfront (section 45DB ). 4 EUREKA STREET • JuNE 1998 Second, in order to outlaw the closed shop, new freedom of then, on Monday 4 May, by the High Court, with the provision that association laws were placed in the Workplace Relations Act. Ever the administrators were freed from some constraints which hac\ since their enactment at the turn of this century, our industrial affected their discretionary powers. On Thursday evening 7 May, laws have contained provisions prohibiting the victimisation of just one month after Patrick's late- night terminations, the MUA employees who happen to be members of trade unions. In the ' 70s, workforce was back working on the Melbourne and Sydney clocks. these protections were extended to conscientious objectors to trade At the time of writing, the future for the MUA and its waterside union m embership, provided they obtained exempting certificates. workers looks bleak. At best, many will lose their jobs through These laws-and this is crucial- madei t a criminal offence to victimise. redundancies. At worst, Patrick's restructured employing companies This m eant that persons who were victimised were required to will be wound up and cease stevedoring operations altogether. It is pursue remedies within a criminal, as distinct from a civil, paradigm. likely that in the near future, the MUA will h ave to accept the The Howard laws sought to make it easier for persons to seek presence of som e non-union employees on our wharves. While the redress, and so the new freedom of association laws were placed in MUA won the fr eedom of association battle in the courts hands the civil arena with civil penalties, civil awards of damages, and that clown, this is an extremely limited victory because it is clear there most special of equitable remedies, the mandatory injunction.