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CFMEU Mining and Energy COMMONCAUSE Strong Union. Safer Workplace. www.cfmeu.com.au www.ourjobs.org.au VOL 81 NO. 2 APRIL/MAY 2015

Supporting our

REGISTERED BY AUSTRALIA POST PP 243184/00025 communities

BHP and Rio Union sparks North among tax community Delegates AGM dodgers robbing fightback against charts way Australia of compulsory FIFO ahead in vital billions challenges 1 COMMON CAUSE VOL 77 NO. 2 JUNE/JULY 2011 Inside How loud is too loud?

Unless you measure, you don’t know!

Facts • Industrial deafness is 100% preventable. • PPE wear time is critical. Removal, even for a short time, can exceed daily dose limits (85 dBA within an eight hour period). • A one off, peak noise event above 140 dBC (the equivalent of hitting steel plate with a hammer) can cause instant and permanent damage.

CMTS can monitor noise at the same time as conducting statutory dust monitoring.

Call for more information and your free booklet.

Lithgow Newcastle Singleton Woonona T: +61 (2) 6350 1050 T: +61 (2) 4922 4461 T: +61 (2) 6571 9924 T: +61 (2) 4286 5424 F: +61 (2) 6351 2407 F: +61 (2) 4958 8932 F: +61 (2) 6572 2667 F: +61 (2) 4285 4144 3 Proto Avenue 533 Lake Road 1 Civic Avenue 558-580 Princes Highway Lithgow NSW 2790 Argenton NSW 2284 Singleton NSW 2330 Woonona NSW 2517 www.coalservices.com.au

2014 Issue 06 - Noise v5.indd 1 17/04/2015 10:04:34 AM General President Tony Maher Reports BHP, Rio and corporate giants robbing Australia of billions in tax scams

hile our members and our refused to provide any information apparently travelling from Australia families pay their fair share until threatened by the Senate for to Singapore to Ireland to the Win taxes to keep Australia probable contempt. It took a couple Netherlands, then back to Ireland going, the most powerful mining more weeks for BHP to reveal the again, before ending up in Bermuda companies and other corporate scandalous dimension of its tax where corporation tax is zero giants are effectively robbing rip-offs. per cent. our country of billions of dollars It is no coincidence that both Microsoft told the Inquiry its in revenue every year through a BHP and Rio were to the fore in Australian revenue for last year number of disgraceful tax dodges. bankrolling the public relations amounted to $2 billion. Just 5% of Take BHP for instance. It has just campaign that sank Kevin Rudd’s that – $100 million – was counted been forced to admit to a scheme proposed resources super-profits as “consulting services” and that saw it pay effectively no tax tax and drove the final nail into billed to the Australian books, How loud is too loud? on billions of dollars in sales from his first term prime ministership. generating $30 million in tax. The its resources in Australia that it No matter how many billions they remaining $1.9 billion was ‘taxed’ channels through its ‘marketing make, neither BHP, Rio nor the other in Singapore. Unless you measure, you don’t know! hub’ in a deal with Singapore. global mining giants seem to have This incredible tax rip-off is Between 2006 and 2014 much of an appetite for paying happening at a time when our Facts BHP booked profits of $US5.7 their fair share of tax. Federal Government is looking to billion in Singapore and paid just The Senate Inquiry has also slash funding our health, education • Industrial deafness is 100% preventable. $US121,000 in tax there. That is just uncovered some pretty disgusting and other vital community services • PPE wear time is critical. Removal, even for a short time, can exceed daily dose limits (85 $US15,000 a year and represents a stuff with US tech giants Google, because of a revenue shortfall. tax rate of 0.002%. Microsoft and Apple using The Abbott Government is also dBA within an eight hour period). Through its Singapore Australia’s archaic corporate tax promoting a case to increase the • A one off, peak noise event above 140 dBC (the equivalent of hitting steel plate with a ‘marketing hub’, BHP ‘buys’ laws to join in the massive rip-off GST and further hit ordinary and hammer) can cause instant and permanent damage. Australian resources from its at our expense. disadvantaged Australians. Australian arm and resells them at They have all admitted they While our taxation system may a higher price to China and other syphoned revenue to low tax indeed be archaic and riddled with Asian customers. The profits from jurisdictions such as Singapore, holes big enough to drive these CMTS can monitor noise at this are booked in Singapore where Ireland and Bermuda, and paid corporate tax scams through, it they are then virtually tax-free. minuscule amounts of tax in is time all our politicians acted the same time as conducting Rio Tinto operate the same Australia. together to end this scandalous scam but not on the same scale. Every time you click on an corporate rip-off. Labor is statutory dust monitoring. It’s Australia chief executive Phil advertisement on Google or committed to acting on this. As for Edmands admitted that Rio’s Microsoft websites, the revenue the Abbott Government, it needs Singapore ‘marketing hub’ earned generated goes directly to to stand up to its rich and powerful $US719 million last year and only Singapore, where it is taxed at the bludging mates in the big end of Call for more information and paid $US44 million in tax – a rate of very low rate of 17%. Billions of town. just 6%. dollars are earned from consumers If we are to preserve a decent your free booklet. These scams only came to light in Australia, and yet the deep- way of life and standard of living because the Australian Parliament pocketed tech giants don’t pay a for all Australians then the BHPs, has set up a Senate Inquiry into tax cent of tax here. Rios and every other corporation Lithgow Newcastle Singleton Woonona dodging. When Rio fronted at least Google Australia managing making fortunes in this country will T: +61 (2) 6350 1050 T: +61 (2) 4922 4461 T: +61 (2) 6571 9924 T: +61 (2) 4286 5424 it was upfront in revealing its quite director Maile Carnegie have to be forced to pay their fair F: +61 (2) 6351 2407 F: +61 (2) 4958 8932 F: +61 (2) 6572 2667 F: +61 (2) 4285 4144 legal but morally reprehensible revealed a confusing web of tax share. 3 Proto Avenue 533 Lake Road 1 Civic Avenue 558-580 Princes Highway tax scam. BHP stonewalled and “minimisation” seeing revenue (See story page 12-13) Lithgow NSW 2790 Argenton NSW 2284 Singleton NSW 2330 Woonona NSW 2517 www.coalservices.com.au VOL 81 NO.2 APRIL/MAY 2015 COMMON CAUSE 3

2014 Issue 06 - Noise v5.indd 1 17/04/2015 10:04:34 AM General Secretary Andrew Vickers Reports Bosses turning mine safety into farce: While workers killed and injured, employers ban Union safety stickers!

ince the last issue of Common And our Check Inspectors have used to issue their employees with their Cause, we have suffered warned that “the over-riding and own safety stickers. Simple and smart – Sanother coal mine fatality disregarding of alarms must stop”. but not any more. in Queensland, this time at BHP’s This is a deadly serious issue. It was Incredible as it may seem, the big Blackwater open cut in Central a key factor in the last major disaster powerful coal operators who dominate Queensland. Laurie Donovan was on the Queensland coalfields when 11 Queensland coal have warned the Union killed in a vehicle roll over that injured mineworkers were killed in BHP’s Moura against issuing safety stickers and several other workers travelling in No.2 mine in 1994. The Inquiry into the indeed banning them from work sites. it during a shift changeover on 12 Disaster was told that alarms were over- And that says it all really. With coal March. It was the second fatality at ridden before the men were sent down miners being killed and injured on the Central Queensland’s coal mines to their deaths that fatal shift because job the bosses response is to ban Union already this year and the fourth in management was on a big production safety stickers. It is turning tragedy into 11-months. Laurie leaves behind two push and was concerned that if the men farce. They ought to be ashamed of children and two grandchildren. heard the alarms going off, they would themselves. While Queensland District President not have gone down the mine! Our Union will continue to promote Stephen Smyth has called on BHP to Over-riding alarms was also a major safety awareness on the job. We be more open and transparent in the factor in the more recent international will continue to fight this culture of investigation into the circumstances coal disasters at Turkey’s Soma mine bullying and harassment and we will of Laurie Donovan’s death, the District where 300 were killed and at New do everything in our power to ensure Check Inspectors have issued a major Zealand’s Pike River where 29 died. that our safety laws and regulations safety alert to all mineworkers following Our Union is not prepared to stand are fully complied with. Unlike the coal the spate of recent deaths and the idly by and wait for another Moura No.2, companies who are only interested in numerous serious incidents that have Soma or Pike River to shake coal mine production and profits, for the Union occurred in the past 12-months, could operators out of their growing contempt and our members, safety is a matter of easily have resulted in further tragedy. for the safety and health of mineworkers life or death not only in Queensland and There is no doubt management’s as they pursue greater production to Australia but throughout the world. drive for greater production and boost their bottom lines. cost cutting is coming at the cost of As part of combating this worrying Common Cause is published by mineworkers safety and health. culture, the Queensland District has Tony Maher for the Mining and Our Union is receiving regular written to all the coal operators in the Energy Division of the Construction, reports that show a culture of bullying State seeking their support to promote Forestry, Mining and Energy Union (CFMEU). and harassment by management to greater safety awareness among make coal mineworkers take short cuts workers. History shows us that one of Editor: Paddy Gorman often in violation of safety laws and the simplest and most effective ways Phone: (02) 9267 1035 regulations. of reminding employees about the Web: www.cfmeu.com.au We are hearing consistent reports importance of safety is with reflective of fatigue because of management stickers on the hard hats they wear. It is Designed & Printed by Breakout www.breakout.net.au pressure and failure to comply with simple message branding and it works. Phone (02) 9283 0123 adequate systems. Indeed, in the past most coal companies

4 COMMON CAUSE VOL 81 NO.2 APRIL/MAY 2015 Union welcomes Queensland Parliamentary Inquiry into effects of forced FIFO

ur Union has welcomed the The CFMEU Community Forum and incentives to move locally. formation of a Queensland heard disturbing stories of families • New jobs at existing 100% FIFO OParliamentary Inquiry that being forced to leave Central operations should be open to local will examine among other things the Queensland towns and surrounding workers. damaging effects of compulsory FIFO areas in order to keep their jobs, on workers, families and regional while regional communities struggle “Our Union is reaching out to communities in the State. with unemployment and plummeting others within our community to support The Inquiry includes MPs from populations. action to save jobs and communities in Labor, LNP and Katter parties and is Steve Smyth said there was broad regional Queensland from the fallout headed by the only former coal mine agreement among the Forum of federal, of compulsory 100% FIFO. We believe worker in Parliament today, Jim Pearce, state, local government and community this will only be achieved by united who is also a long term resident of representatives that: action from across the community and as we always have done in the past, Central Queensland. • Compulsory 100% FIFO must end. Queensland District President we will stand side by side with others • Workers on contracts at existing 100% Stephen Smyth told Common Cause that in the political, industrial and social FIFO operations must be given job the establishment of the Infrastructure, arenas fighting for our jobs, our kids, security. Planning and Natural Resources State our communities and our future”, Steve Parliamentary Committee honours • FIFO workers should be given choice Smyth told Common Cause. an election pledge by the new Labor Government to examine previous arrangements in which Central How to have your say Queensland communities are increasing missing out on jobs, training and broader It’s important that as many people as • The costs and/or benefits economic opportunities. possible make a submission to the and structural incentives and “Workers, families and our Queensland Parliamentary Inquiry. disincentives, including tax communities are being punished by The following are the terms of settings, for companies choosing compulsory FIFO arrangements at BHP’s reference Parliament has given to the a FIFO workforce; two new mines at Daunia and Caval Committee and to help with putting • The effect of a 100% non-resident Ridge because people who live in Central together a submission we have FIFO workforce on established Queensland cannot get a permanent full- provided some information to assist communities; including time job there and the present full-time you on pages 16-17 of this issue. community wellbeing, the price FIFO employees are banned from ever of housing and availability, moving to our region irrespective of their Terms of Reference and access to services and family circumstances. We are all missing The Legislative Assembly has infrastructure; out. Locals are being discriminated requested the committee: against because of where we live and 1. Inquire into and report on fly- • The quality of housing provided in FIFO workers are denied freedom of in, fly-out (FIFO) and other long accommodation villages for FIFO choice and forced to spend half their distance commuting work practices workforces; lives away from families and friends in in regional Queensland. • Strategies to optimise the FIFO company camps”. 2. That, in undertaking this inquiry, experience for employees and Stephen Smyth said that it was the committee should consider the their families, communities and a red hot issue throughout regional following issues: industry; Queensland. “This was shown by the • The health impacts on workers • The commuting practices for broad attendance of federal, state and and their families from long- FIFO workforces, including the local representatives as well as unions distance commuting, particularly amount of time spent travelling, and small business at a Forum our Union mental health impacts, and the the methods of transportation, and held in Mackay on 30 March. provision of health services in adequacy of compensation paid “We had two Federal MPs, three mining communities; for commuting travel times; local State MPs, 11 Local Government • The effects on families of rostering Councillors from Mackay, Isaac and practices in mines using FIFO • The effectiveness of current Whitsunday councils, trade union workforces; responses to impacts of FIFO leaders, small business operators • The extent and projected growth workforces of the Commonwealth, and other members of the Central in FIFO work practices by region State and Local Governments; and Queensland community attend”. and industry; • Any other related matter.

VOL 81 NO.2 APRIL/MAY 2015 COMMON CAUSE 5 Union’s legal team delivers significant victories for our membership

ur Union has recorded a The implications: A significant number the enterprise agreement, and docked number of significant legal of Centennial employees who were the incoming shift 30-minutes pay even O wins since the last issue of terminated and denied redundancy though they were not participating in Common Cause went to press. These pay in 2013 and 2014 because they industrial action (the incoming day-shift victories are a tribute to our hard- were 60 years of age or older are overlapped with night shift for a 30 working legal team who on a daily now in the process of being back-paid minute handover period). basis fight to protect and extend our their entitlements with interest. Other The decision: Senior Deputy President members rights and interests in the companies who have a similar policy Harrison found that the employers were mining and energy industries. Here is or enterprise agreement will face the not entitled to deduct the productivity a summary of some recent wins by same liability. and safety allowance because it was National Legal Director Alex Bukarica: In relation to the annual leave issue, there are potentially millions of dollars not a payment “that would have been payable in relation to the time Centennial Northern Mining of back-pay that will flow to employees as a result of this decision. However, during which the employee engaged Services v CFMEU – Federal in industrial action had the employee Court of Australia the employer has appealed that part of the decision, so the final implications worked during that period.” In making The issues: (1) Whether a provision are not yet known. Common Cause this finding the Senior Deputy President in an enterprise agreement depriving will update readers of the result of followed the earlier High Court ruling in workers who are aged 60, or this matter. CFMEU v Mammoet which concerned approaching age 60, of redundancy pay whether the employer had the right to was discriminatory; and (2) whether Mt Owen industrial action withdraw accommodation and transport employees who are terminated or leave payment dispute – Fair Work facilities to FIFO workers engaged in employment of their own accord are Commission protected industrial action. entitled to be paid accrued annual leave The issues: In late 2012, CFMEU The implications: While we were not at the same rate as if they had taken the members employed by Thiess successful in overturning the 30-minute leave, regardless of the wording of an performing mine production work deduction for the incoming shift, the enterprise agreement. and by Glencore in the mine washery victory on the allowance question is The decision: Justice Buchanan of undertook protected industrial action quite significant given the amounts of the Federal Court upheld our Union’s in support of enterprise agreements money owed to CFMEU members. position on both issues and was with their employers. As a result of Also, the decision is a clear precedent particularly scathing of the employers this industrial action the employers for the future – it stands for the in respect of the age 60 discrimination deducted a proportion of a production proposition that production allowance issue. allowance payable to employees under can only be deducted where it can be

6 COMMON CAUSE VOL 81 NO.2 APRIL/MAY 2015 clearly attributed to a period during The decision: Deputy President employees covered are members. which protected industrial action is Asbury of the Fair Work Commission Indeed, Senior Deputy President taken. found in favour of every one of the Asbury went as far as to note that it submissions made by the Union was useful to have a “contradictor” CFMEU v SSRW Pty Ltd – concerning how the agreement failed in situations where the workers that Fair Work Commission to meet the relevant tests in the Fair were party to an agreement were Work Act. She noted that the supposed The issues: Another application to unrepresented and did not have the agreement did not comply with the the Fair Work Commission to approve benefit of independent advice. “pre-approval steps” required by the a dodgy labour hire agreement While the Union is pleased with Act and that the Deputy President that purported to apply to the coal the outcomes of these cases and could not be satisfied that the workers mining industry. Like most of these what they deliver for our members, genuinely agreed to the document. agreements that have emerged in we still find ourselves often operating She also noted that the agreement recent months, the rates of pay and in a challenging environment as failed the better off overall test conditions were substandard and employers and their mates in various (‘BOOT’). the approval of the agreement by the LNP governments continue to shift the Fair Work Commission was strongly The implications: Through the focus of IR laws against unions and challenged by our Union. When the persistence and expertise of the Union, workers. One thing our membership matter came before the Commission, the Fair Work Commission is starting can be assured of is that our Union will a key issue was what role, if any, the to accept the value of hearing from continue to fight for a fair go no matter Union could play when it was not a the Union in relation to enterprise how hostile the environment or how bargaining agent for employees. agreements, even when none of the challenging the issues are.

A fond farewell from Judy Gray after 14 years of distinguished service

t’s been great working for the among the many highlights of my 14 Union. I’ve made some close years working for the CFMEU Mining Ifriends in the National Office. The and Energy Division. whole team of legal, economic, media I’ve also had the opportunity of and research professionals led by our doing education work for full time National President and Secretary and and honorary officials on the plethora supported by admin and finance staff of industrial legislative change and are to be highly valued for the job in recent times on workplace equity they do. with Lodge Officers, including at The most joyous aspect of being Broken Hill. I’ve also enjoyed being a National Legal Officer was the involved in supporting women opportunity to regularly travel about mineworkers through dealing with working with District and Lodge anti-discrimination matters and anti- Officials. It was all good but some bullying cases. matters over the years leap to my Our Lodge Officers have always mind; challenging bargaining at welcomed me into their inner circle Tahmoor Colliery in the South/ West as a trusted Comrade. I will never District and across BMA Billiton forget that privilege. in Queensland; case preparation Being a team participant was the Every member should, in their and strategy development in the most enjoyable part of my job but heart and through their bargaining, Hammersley/Rio individual contract I am also relieved by and proud of protect the gains from those past campaign in WA; having many the results of some very long, lonely struggles. maintenance contractors again slogs – such as holding onto industry The CFMEU is collectivism in covered by the coal mining industry conditions in award modernisation. word and deed. I will remain a proud award across the Northern and I’ve had the privilege of meeting member and will always think of my Queensland Districts; getting the first and getting to know some of the workmates, colleagues and Comrades protected industrial action order up union’s leaders from the past such as with a smile. So, it is farewell from at a power station in the Victorian Fred Moore, who is from a time when me as I embark on a new phase of District and having a nice win on drug those conditions were hard won by my life with a big thank you and best testing at Shell Refinery. These are the Union and its militant members. wishes to all of you.

VOL 81 NO.2 APRIL/MAY 2015 COMMON CAUSE 7 Northern Delegates AGM charts way ahead in vital challenges

Wambo CHPP Delegate Mark Newton making a contribution from the floor.

he Northern Mining and NSW Energy District held T its 2015 Delegates Annual District honours General Meeting in the Hunter Valley on 26-27 March. Some 150 Bill Chapman Delegates attended the two days of deliberations on a wide range of issues facing mining and energy At its 2015 AGM dinner, workers in the District. the Northern Mining and NSW Energy District made Delegates heard a number of a special presentation comprehensive reports with District to former President Bill President Peter Jordan setting the Chapman for his lifetime of tone with a review of the last year and achievement in helping our outlining the challenges confronting Members, his community our members and our industries in and the wider CFMEU. the year ahead. General President Tony Maher Before presenting the gave a broad overview of the national award, Peter Jordan also and international issues industrially paid a warm tribute to Betty and politically facing our Union and Chapman for her life long reported on the development of contribution to our Union and Bill Chapman with Peter Jordan receiving his award. a strategy to maintain the Union’s our communities. campaigns on jobs, safety, conditions “Bill worked in our industry for 46 years, starting at the young age of 14. In and the welfare of our communities this time he held various Lodge Official roles before becoming District President in the face of cut backs by mining of the Miners Federation. Bill played an important part in our mining history at companies. Nymboida and United Colliers and also in the establishment of the Mineworkers District President Peter Jordan Trust and the Newcastle Coal Chain. He went on to become a leader of the told Common Cause that in addition Northern Retired Mineworkers Association and he continues to be an inspiration to reports delivered by District to our Membership today”, said Peter Jordan. Secretary Grahame Kelly, all the After a modest and brief speech accepting the award, Bill received a District’s Vice-Presidents, Check standing ovation and told everyone that he was proud to be a Member for Inspectors and from the District and 68 years. national legal teams, there were a

88 COMMONCOMMON CAUSECAUSE VOLVOL 7781 NO.NO.2 2 APRIL/MAYJUNE/JULY 20152011 number of informative presentations and Retired Mineworkers Association • Endorsement of Delegates to appoint by key players in our mining and energy State President Lionel Finlay. Nicole Swales from Hunter Valley industries including: Lucy Flemming, Peter Jordan also said that one United Lodge to the recently vacated CEO of Coal Services; Bruce Watson, of the highlights of the two-day District’s Female Affirmative Action CEO of Auscoal; Mark Genovese, conference was the report given by Board of Management position, CEO of Maritime Mining Power Credit CFMEU National Secretary Michael following the unfortunate resignation Union; Sue Hopkins, Acting NSW O’Connor. of Nikky Samuelson (Bayswater State Manager of Westfund; Stuart District Secretary Grahame Kelly Lodge) for family reasons. Delegates Barnett, Gemma Bunner and Kerri told Common Cause that there also passed a vote of thanks to Nikky Shaw from Slater & Gordon Lawyers; were well informed and often lively Samuelson for a job well done. Rob Regan, Director of Mine Safety contributions from rank and file • Support for engaging an additional Operations, Chief Inspector (NSW); Delegates from the floor throughout Legal Officer to work out of the Jude Weidenhofer, Lead Researcher the two-day Conference. He said District Office. for the “Development of a targeted that among the key outcomes of treatment and prognostic test for the Delegates Conference were the • Endorsement of the updated District metastatic prostate cancer” project; following: Directions.

North continues long history of supporting our community

Pictured at the presentation of this year’s $100,000 cheque to the Hunter Medical Research Institute are, from left: Jude Weidenhofer, Daryl Haile, Kathryn Skelding, Kerry Wild, Kiera Rogalewski, Jason Porter and Peter Jordan.

The CFMEU’s Northern Mining and NSW Energy District The Union and Trust are contributing $100,000 a year and the Mineworkers’ Trust is supporting a prostate for three years to the project. One of the features at the cancer research project run by the Hunter Medical Delegates dinner was the presentation of the $100,000 Research Institute (HMRI). Prostate cancer is the most cheque to the HMRI representatives who warmly thanked commonly diagnosed cancer among Australian men. the Union’s members for their support in this vital project.

VOL 8177 NO.2NO. 2 APRIL/MAY JUNE/JULY 2015 2011 COMMON CAUSE 9 Energy Delegates, from left: Lorraine Usher, General Vice-President North Wambo Delegates, from left: Paul Schumacher, Dan Ford, Daniel Energy; Paul Darbin, Mark Sloane, Daniel Smith and Mark McGrath, Boyd and Mick Schofield (Board Member). Northern Mining and NSW Energy District Vice- President.

• Update of activities of the District • Support for the District’s Annual Delegates to be more skilled and better and provision of accounts and Donations, which included the prepared for the challenges we face”, disclosure documents. continuation of the District’s $30,000 Grahame told Common Cause. He also • Agreement to Annual Rules Review, School Grants Program. expressed the District’s appreciation for which included a rule change to • Review of District policies. the sponsorship provided by Maritime, clarify that Members eligible to Mining, Power Credit Union; Auscoal “Overall, the comments from be on the Sick & Unemployed Superannuation Fund; Westfund; Slater Delegates showed it was a well Members register include Members & Gordon Lawyers; and Coal Services run few days that helps ensure the on Maternity and Paternity leave, Pty Ltd, who all had displays at the Union is able to organise and service Carers Leave and other Board of conference outlining the services they Members in our District and to enable Management approved absences. provide to our Members.

Awards for outstanding contributions

On the first night of the Conference, a Delegates Dinner was held at which the District took the opportunity to recognise the outstanding contribution by recently retired Lodge Officials. Grahame Kelly told Common Cause that this year’s list “was as impressive as any that has preceded it”. The following were honoured with awards: John Skepper – Whitehaven Lodge (20 years as a Lodge Official and 39 years Long Term Union Member). Arthur Kent – Myuna Lodge (30 plus years as a Lodge Official and 39 years Long Term Union Member). John Truscott – Myuna Lodge (26 years as a Lodge Official and 33 years Long Term Union Member). Neville Whiting – MTW Lodge (20 plus years as a Lodge Official and 29 years Long Term Union Member). Terry Fernie – United Lodge (30 years as a Lodge Official and 30 years Long Term Union Member). Tim Caban – Wilson Mining (20 years as a Lodge Official and 29 years Long Term Union Member). Leigh Brydson – Eraring Power Station (28 plus years as a Lodge Official and 33 years Long Term Union Member).

Robert Waters – Wallerawang Power Station (24 years as Leigh Brydson from the Eraring Terry Fernie from the United a Lodge Official and 37 years Long Term Union Member). Power Station with Peter Jordan. Lodge with Peter Jordan.

10VOL 81COMMON NO.2 APRIL/MAY CAUSE 2015 VOL 81COMMON NO.2 APRIL/MAY CAUSE 2015 10 Queensland mineworkers new Documentary Film wins 3 international awards

This remarkable award winning film traces the history of Australia’s Queensland coal miners and their Union from the darkest days of the 19th century to the daunting industrial, safety and community challenges driven by giant global corporations today. It is a story of struggle and survival, of courage and determination, of tragedy and triumph and of never giving up, even in the face of the most daunting challenges. The stories in the film are told with compelling honesty, humour and wit by miners and their communities who survive in one of the world’s most hazardous industries – coal mining.

PRIVATE SCREENING ONLY – NOT FOR DISTRIBUTION OR RESALE The Queensland Miners’ Story

NARRATOR JACK THOMPSON EDITOR MARK ATKIN ASE ORIGINAL MUSIC JOHN ROY CINEMATOGRAPHER SIMON SMITH EXECUTIVE PRODUCERS PADDY GORMAN & PIERS GROVE The Queensland PRODUCERS XANON MURPHY & SOFIA MADDEN ASSOCIATE PRODUCER KIM SMYTH WRITTEN BY JEFF BIRD & PADDY GORMAN DIRECTED BY JEFF BIRD Miners’ Story

© Copyright CFMEU Mining & Energy Queensland District 2015. The proprietor has licensed the film (including soundtrack) comprised in NARRATED BY JACK THOMPSON this digital video disc for home use only. All other rights reserved. Any unauthorised copying, editing, exhibition, exchange, renting, lending, hiring and/or broadcasts is strictly prohibited. At the Ipswich screening are General Secretary www.BloodOnTheCoal.com Running Time: 103 min Andrew Vickers and former Queensland District Language: English Audio: Stereo 16:9

President 95-year old Digger Murphy. PAL

Paste OFA tag here. new feature length our proud and rich history is now year’s WorldFest. Previous WorldFest documentary film telling the recorded for all time”. winners include legendary Directors Astory of Queensland coal Tim Whyte went on to say: “I am Steven Spielberg, George Lucas, miners and their Union has already proud to tell you that even before its The Coen Brothers and Francis Ford won three prestigious international public release, the film has won three Coppola, who all won their first awards awards prior to its public release. prestigious international awards, a fitting at WorldFest. Narrated by legendary Australian tribute to the history it tells, a proud “Our Queensland miners film is actor Jack Thompson, Blood on the history that shows that nothing was in the best of company and this is a Coal – the Queensland miners’ story ever given to us, that everything had great credit to the men and women is already attracting critical acclaim to be fought for. And that is still the who have made our history and today’s at preview screenings. case today”. Union members who continue its Queensland District President Blood on the Coal was produced best traditions”, Stephen Smyth told Stephen Smyth told Common Cause by the independent Matilda Films and Common Cause. that the Union “is delighted with the the first of its awards was at the recent The documentary was produced international recognition and critical Indie Fest International Film Festival by Matilda Films. It was made by the acclaim the film is receiving but in where it was the only Australian feature team who put together Last Stand at the end it is the judgement of rank documentary film to win the Award of Nymboida with Jeff Bird as Director/ and file mineworkers and those in our Excellence. writer; Paddy Gorman as Executive communities whose stories it tells that That award was followed by the Producer/writer; Mark Atkin, Editor; is most important”. Accolade Global Film Competition where Simon Smith, Cinematographer; At a special screening in Ipswich, Blood on the Coal was one of only three John Roy, original music; Piers Grove, birthplace of the State’s coal industry, Australian feature documentaries to win Executive Producer; Kim Smyth, District Secretary Tim Whyte said “one the Award of Excellence. Associate Producer; and Xanon Murphy of the things that makes this film unique The most recent of its awards was and Sophia Madden, Producers. is that the Queensland membership a Gold Remi at the Worldfest Houston The film is expected to be available endorsed and fully funded the making of International Film Festival on 18 April to the public soon. Check out the film’s this documentary. Our District wishes in Texas. There were more than 4,300 trailer on the Facebook page Blood on to place on record its gratitude to the category entries from all over the world the Coal and share it with your friends; members of this great Union in ensuring in all film and video competitions at this or view it on www.BloodOnTheCoal.com

VOL 81 NO.2 APRIL/MAY 2015 COMMON CAUSE 11 BHP and Rio tax scams the tip of a massive corporate rip off By Peter Colley, National Research Director

HP and Rio Tinto were in the grouping of developed nations. to be closer to major Asian markets, national spotlight in early April The broad term being used is it is far more insidious than that. The Bwhen a Senate Committee Base Erosion and Profit Shifting, or mining companies actually sell their of the Australian Parliament grilled BEPS. Base erosion refers to the mineral output to the Singapore office, them about their tax arrangements. increasing problems of many nations which then on-sell it to the customers. BHP initially refused to answer key in maintaining their taxation income This resulted in large profits from questions, while Rio Tinto disclosed that is essential for providing public Australian minerals being generated it paid very little tax at all on services. They are finding that taxes in Singapore rather than Australia. revenues channeled through low-tax from business are falling away. Profit Singapore is generally a low tax Singapore. shifting refers to the practices – many country – the basic company tax rate These two powerful global mining and varied – that enable profit to be is 17% rather than Australia’s 30%. giants are only the latest example generated in a country that has low But the mining companies also took of growing public scrutiny of the tax taxes rather than a country that has advantage of incentive programs practices of many large corporations higher taxes. that gave them further tax breaks that are household names – like In the case of BHP and Rio in exchange for moving significant Google, Apple and Microsoft. This Tinto, there was the establishment operations there. scrutiny is occurring globally, including of marketing offices in Singapore. Rio Tinto disclosed that in 2014 its via the G20 – the Group of 20 largest While one might think this just meant Singapore operation made $790m in economies – and the OECD – the employing sales people there in order profit and paid just 6% tax. Meanwhile

12 COMMON CAUSE VOL 81 NO.2 APRIL/MAY 2015 BHP at first refused to say how much a tax haven where the company tax currently saying it will exempt private profit it had made in Singapore and rate is low or non-existent. Glencore companies (ie those not listed on a how much tax it paid and only did and other foreign multinational stock exchange) – which would be a so weeks later when the Senate corporations in the Australian mining massive loophole. committee threatened action to hold sector do a lot of that. Big businesses, accounting firms BHP in contempt of Parliament – a More transparency, and “naming and all their lobby groups are saying serious offence. and shaming”, is the first line of such publication will “mislead” the That BHP even thought it could response here. We need to move public. It’s another way of saying that pick and choose what it tells the away from the idea that someone’s tax they don’t want ordinary Australians highest governing body of the country affairs are entirely private, especially if to know just how much the elite gives an indication of where it thinks they are rich and powerful. are getting away with at the public’s real power lies – it’s with BHP rather It is currently law – as a result of expense. than the Parliament. the last Federal Labor Government – It is time that powerful business BHP and Rio no doubt feel “hard that the tax office will publish later this interests paid their fair dues and done by” with the negative publicity. year the key figures for all businesses stopped ripping off the Australian They actually disclose more about that have over $100M in revenue public. And it is time that the Abbott their taxes paid than most other per year. The key figures will be total Government stopped protecting their mining companies in the world – revenue, taxable income, and income big end of town mates and put the Rio even publishes an extensive tax paid. The Abbott Government is Australian people first. separate document – and compared to an awful lot of big businesses in Australia they do pay an effective tax rate that is close to the figurehead rate of 30%. A major report by the United Voice Collinsville union and the Tax Justice Network last year entitled Who pays for our Pit Ponies common wealth, tax practices of the ASX200, showed that BHP and Rio paid an effective company tax rate Project of 27%, while the average for the Top 200 publicly-listed companies success in Australia was 23%. But because those two mining companies are so large, the difference between 27% fter 60 days of and the official company tax rate of campaigning to 30% means that tax foregone was a Araise funds to build staggering $1.1 billion per year. a tribute to the history of The report showed three quarters Pit Ponies in the coal mines, of all the large public companies in the Collinsville community The last full time working underground pit ponies in Australia have subsidiaries in Singapore has succeed in not only Australia, Collinsville’s Mr Ed and Wharrier. – and a host of other low tax and raising the $150,000 needed secrecy jurisdictions like the Cayman but exceeded the target by more than $40,000, which will allow them Islands and Bermuda. So what we to construct additional components to the project. are seeing is not some tax fiddling The project was driven by Sue Clarke and the wonderful people at at the edges, but systemic corporate the Collinsville Connect Telecentre. Sue told Common Cause that they practice aimed at denying Australian were delighted by the incredible response of the community to their governments their due taxes. fund-raising drive, including the donations they raised through the Despite the massive tax losses online Pozible. arising from what Rio and BHP do, “We can now proceed with the project to keep alive the memory of they pale in comparison to some those great Pit Ponies who were such a vital part of the coal industry for companies that pay hardly any tax so long in the past. We can now do justice to the history and legacy of at all – like Rupert Murdoch’s media the horses in the mines and it will help make Collinsville an even more companies. And they don’t appear interesting experience for visitors and tourists”, she said. (at this stage anyway) to be engaged Among the many origanisations and individuals who supported the in one of the most common tax project were CFMEU Mining and Energy members and some Lodges. minimization strategies – loading “Among our major sponsors was the Crinum Lodge and there were up local companies with debt from lots of others in the 555 supporters who donated. We would like to related subsidiaries that are based in thank everyone who kindly donated, large and small. We look forward tax havens. So the interest payments to compiling all of your names to display on our donators wall and become a tax-deductible expense in upcoming Pit Pony website”, said Sue. Australia and the profit is generated in

VOL 81 NO.2 APRIL/MAY 2015 COMMON CAUSE 13 There is a better and fairer way for Australia’s IR future, say Unions

s aggressive employers and fundamental principles to ensure • Redundancy pay and provisions big business interests are workers rights are protected and that should be extended to workers who Aclamouring for further attacks there is a role for policy intervention to are casual or work on successive on the wages, rights and conditions ensure all Australians are paid fairly for fixed term contracts. of Australian workers, the union their efforts. • Remove red tape around fair and movement through the ACTU has In its submission to the Productivity reasonable bargaining. outlined its blueprint for a better Commission’s Inquiry into the • Broaden the scope of bargaining and fairer way forward for all in Workplace Relations Framework, content to allow industry-wide its submission to the Productivity Australian Unions call for action to: bargaining, including supply chain Commission inquiry into workplace • Address insecure work and bargaining, to extend protections and relations. casualisation of the workforce. rights to labour hire workers who Australian Unions are calling for the • Strengthening bargaining currently have no power to bargain minimum wage and penalty rates to be requirements in the Fair Work Act to within their workplace. protected as well as greater rights for allow arbitration to resolve deadlocks • Greater protection against unfair workers to bargain collectively, including that occur when employers refuse to dismissal. The Fair Work Act provides labour hire and temporary workers. bargain in good faith. some protections against unfair The ACTU’s submission asserts • Independent contractors or dismissal but should be expanded that Australia’s workplace system to include: must continue to be based on fairness, freelancers should be given the • An avenue for employees to argue equality, protection of the vulnerable same rights and protections as other they have been unfairly selected for and rewards for hard work – a system employees, including the right to a redundancy. Australians have demonstrated they bargain collectively. want and support. • Consider a legal definition of a casual • Removal of restrictions such as Instead of trying to destroy worker, prerequisites to hire a casual qualifying periods of employment, the these foundations as the employer worker and the extension of minimum nature of the employment or size of lobby is calling for and as the standards to casual workers. the employer that stop some workers Coalition Government tried to do • Labour hire or temporary workers being covered by unfair dismissal laws. with WorkChoices – the Productivity should have the same rights as the • Removal of caps on the compensation Commission should build on these permanent employees. payable to employees for unfair

14 COMMON CAUSE VOL 81 NO.2 APRIL/MAY 2015 dismissal. It cannot be assumed that inconvenient and unsociable hours. ACTU sums up payments would blow out if the cap Employer arguments about the so- were lifted, due to other checks and called “24/7 economy” are nothing Emphasising the main points included balances in the system. new – the Fair Work Commission and in the union movement’s submission, • Pursue a portable entitlements its predecessors have been dealing ACTU Secretary Dave Oliver says: scheme and fairer redundancy with versions of the argument for over “Australian workers know the provisions. 60 years and should continue to do so. Abbott Government called this inquiry into workplace rights in an effort to cut • The Productivity Commission should Some of the most vulnerable penalty rates, abolish the minimum recommend a separate inquiry into a employees rely on penalty rates to wage, bring back unfair individual national portable long service leave make ends meet. These employees contracts and swing even more power scheme. Such a scheme would allow include the low paid, women and those to the employers. all workers – whether permanent, in regional and rural areas. Close to 40% “But Australia’s workplace system casual, temporary or contract – to of the Award dependent workforce is is based on fairness, equality, protection accrue long service leave. employed in hospitality and retail. of the vulnerable and rewards for hard • A portable long service leave scheme While employers in these industries work – the system works and has the could also serve as a model for a are the loudest critics of penalty rates, support of the Australian community. national portable entitlements scheme the fact is that pay rates in hospitality and “The minimum wage and penalty for other kinds of leave, including sick retail are so low that even if senior staff rates must be protected for Australia to and annual leave, which the union were paid double time for a full week of avoid developing a US-style underclass movement is pursuing. work – they would still earn less than the of working poor. full time average weekly earnings. • Strengthen our minimum wage safety “Women make up more than half of net and reduce inequality. The system • Support women and close the gender our workforce and there are millions of for setting the minimum wage is fair pay gap. Australians in casual or insecure work and there is no evidence to show it • Create a new right for employees to – they deserve the decency of a secure negatively impacts employment. To return to work in their existing role on job and equal rights at work. make the setting of the minimum a part-time basis following parental “Unions are calling on the wage more effective, the Fair Work leave. Productivity Commission to use this Act and Fair Work Commission should • To deny a request to change work inquiry to improve workplace rights for clearly articulate and focus on how the arrangements following parental Australian workers and reject extreme minimum wage can reduce inequality. leave or deny an extension of unpaid attempts by the employer lobby to • Juniors should be paid at the same rate parental leave, an employer must dismantle the system in order to as adult employees under the award. demonstrate they have tried to cut wages and rights at work”, said • Protect penalty rates. reasonably accommodate the request Dave Oliver. • Employees should be appropriately and this must be underscored by an compensated for working long, effective right of review.

VOL 81 NO.2 APRIL/MAY 2015 COMMON CAUSE 15 Pictured before the Forum got underway are three Queensland State MPs, from left: Julieanne Gilbert, Mackay; Jim Pearce, Mirani; Chris Whiting, Murrumba; Steve Smyth, Queensland District President; and John Battams, President Queensland Council of Unions. Have your Say – make a submission to the Queensland FIFO Inquiry

he Queensland Government The scope of the inquiry is broad open to workers living in Brisbane or is conducting an Inquiry into and it covers topics including: Cairns. That means local workers are FIFO and other long distance locked out of job opportunities and FIFO T • Physical and mental health impacts. commuting work practices in workers are denied the opportunity regional Queensland. • Effects on families. to move closer to work with their This is an important opportunity to • Effects on communities. families. New jobs that come up at make sure Parliament hears directly • Extent and growth of FIFO. Daunia and Caval Ridge should be from workers and community members • Incentives and disincentives for in the mining industry and in regional companies to use FIFO (eg tax areas about the challenges we face. breaks). Individuals and organisations are Cumnock/Liddell encouraged to make submissions. The • Quality of camp accommodation deadline for submissions is 4pm, Friday • Amount of time spent travelling to State Reunion 25 May 2015. and from work. Submissions should be sent by You may cover one or several of 14th November 2015 email to [email protected], or these topics, or any other that relates 1pm by post to: to FIFO and long-distance commuting. Cessnock Leagues Club Research Director Remember to include your personal Infrastructure, Planning and Natural experience where relevant. Let’s have a beer to Resources Committee Here are some points about FIFO remember our work mates. Parliament House and commuting that you may like to George Street consider in your submission: Brisbane Qld 4000 Contact: Anthony Mills It is important to specify if you want Locals locked out of work Email: [email protected] your submission or any part of it kept Permanent jobs at BHP’s new mines Mobile: 0421 594 355 confidential. at Daunia and Caval Ridge are only

16 COMMON CAUSE VOL 81 NO.2 APRIL/MAY 2015 open to everyone. No new mining Many workers are starting their shifts the mining industry. Workers should leases should be granted to operations after journeys taking many hours be able to choose living and working that refuse to give jobs and training and often including several transport arrangements that suit them and their opportunities to locals. modes, eg car, plane and bus. Many family – not just the mining companies. workers report lack of adequate Local businesses are suffering facilities at the beginning and end of Action is needed The preference for mining companies their shifts to manage fatigue. Regional The Queensland Parliament must act to to use commuting workforces means Queensland roads have become reduce the negative impacts of growing workers wages are no longer being extremely dangerous due to worker FIFO and long-distance commuting. spent in local shops and businesses. fatigue. Refusal to employ locals This could include: Fly-in and drive-in workers are confined pushes people to look further and • No more approvals for 100% to camps while they’re not working and further away for jobs. Living closer compulsory FIFO. have little or no opportunity to spend to work is better for managing fatigue money locally or engage with the local and road safety. • Reverse existing 100% compulsory community. This trend is making the FIFO approvals. impact of the current downturn much Family stress and rosters • Improve conditions and worker worse. Shops and businesses are being The trend to long-distance commuting freedoms in accommodation camps. forced to close, creating a downward is also driving longer rosters for • Provide incentives for workers to spiral of amenity and economic activity. workers. This means more time away move to regional Queensland, closer from families. The Western Australian to work . Long commuting times Parliamentary Inquiry has exposed and fatigue the severe strain on people leading • Mining approvals to include Workers are spending many hours to increased suicides among FIFO community impact statement travelling to and from work, leading workers. Family breakdown and outlining commitment to local to fatigue for those workers and severe stress should not be the price jobs and engagement with local dangerous conditions on our roads. workers have to pay to hold a job in businesses.

Vale Leigh Bruce “Tracker” Tilmouth

he CFMEU mourns the account. Tracker worked passing of Leigh Bruce closely with the Union T ‘Tracker’ Tilmouth, a CFMEU to pursue opportunities member, our comrade, our mate. for regional economic Tracker had great faith in the development as a means importance of the indigenous to improve outcomes for movement and labour movement his people. working together to improve His untimely passing outcomes for indigenous is heartbreaking for Australians. He fought powerfully many of us in the for indigenous rights in every forum CFMEU, but he will he attended and, as a result, his continue to be an extraordinary drive led to positive inspiration for our changes. Union’s work in ensuring As a CFMEU member, Tracker a better, fairer and more represented the Union at national just Australia. and international forums, including Tracker had an ACTU Congress, ALP National enormous commitment Conferences and UN forums on to social and economic Leigh Bruce ‘Tracker’ Tilmouth. Photo: Central Land Council. climate change. justice. He was dogged He was an incredibly powerful and fearless, with a advocate for progressive change. wicked sense of humour. Tracker tackled racism and injustice The CFMEU wishes to his wife Kathy and his daughters head-on, and held politicians to convey our deepest sympathy to Cathryn, Shaneen and Amanda.

VOL 81 NO.2 APRIL/MAY 2015 COMMON CAUSE 17 Pictured from left are Glendell Lodge Secretary Greg Mercer, who is an Army veteran; Lorraine Usher, General Vice-President CFMEU Mining and Energy; Alan ‘Kanga’ Moore, last surviving officer of the 39th battalion, which fought at Kokoda; and Wayne McAndrew, CFMEU Mining and Energy Vice-President. Supporting our ex-service men and women campaigning for a Fair Go

ur Union has sponsored 40 Lorraine Usher said she was greatly “We can never do enough for our ex- ex-servicemen and women impressed by speaker Sarah Archibald servicemen and women, particularly those Oto walk the Kokoda Trail who told of her experience with who are carrying battle scars,” he said. over Anzac day as part of a healing Australia’s military police deployment “There is no more honourable thing process. The team comprised in Iraq at the height of the carnage that than to put your life on the line in the returned members of the Army, Navy followed the 2003 US invasion. Like service of your country. Unfortunately, and Air Force. All are carrying physical many others, Sarah is dealing with outside of times like Anzac Day, it or emotional injuries resulting from post-traumatic stress disorder. sometimes gets forgotten how much service in conflict zones. The crowd was captivated by these people have given. The Kokoda 2015 journey was Michael Lyddiard’s story. From army “It is important that we remember designed to provide an environment of brat, to gung-ho squadron leader, to what they have done for our country trust, understanding and support. The bomb disposal expert in Afghanistan, and support them at all times. Backing trek was launched in Melbourne in late his life was consumed by the Australian the Kokoda trek is one way the CFMEU February. Those present included our Army. An improvised explosive device shows we care”. Union’s General Vice-Presidents Lorraine by a dirt road in Afghanistan turned There is a concern among those Usher and Wayne McAndrew as well everything upside down. Sadly, he now who help returned service people that as Northern District’s Glendell Lodge has to fight on a new front, battling too many drop out of the network, lose Secretary Greg Mercer, a former Army the Department of Veterans Affairs for all their contacts and become social serviceman. recognition of all his injuries. recluses. This in turn can lead to other Wayne McAndrew told Common Independent Senator Jacqui Lambie, issues such as marriage breakdowns Cause that many other representatives an Army veteran and strong advocate for and problems with the law. from the CFMEU were present and those in our armed forces, also attended The CFMEU is particularly were moved by speeches from ex- the launch. concerned at reports that around 10% soldiers Gary Wilson, a survivor of CFMEU Victorian Construction of people sleeping rough on the streets a Blackhawk helicopter crash and Secretary John Setka says our Union in some capital cities are military Sgt Michael Lyddiard, who lost an eye, jumped at the chance to support the veterans. Our Union has pledged its arm and half his face to an explosion trek after hearing it was struggling to ongoing support for the ex-services men in Afghanistan. secure a backer. and women campaigning for a fair go.

18 COMMON CAUSE VOL 81 NO.2 APRIL/MAY 2015 Sad loss of John Butcher, former Broken Hill mineworkers President

ommon Cause was deeply with John Butcher for saddened to learn of the more than seven years. Crecent passing of former “John was a quiet Broken Hill mineworkers President but outstanding leader of John Butcher, a stalwart of the the Broken Hill mineworkers Union movement in this great city and their community. He led with a rich industrial history second the Union through some of its to none. toughest times in the modern era John Butcher served as President throughout lock-outs and drawn out of the Workers Industrial of Australia industrial struggles. He provided strong Broken Hill maintained its strong links (WIU of A – Miners Federation branch and wise leadership in the face of with every other District of the Union in Broken Hill and predecessor of our great changes in the city’s mines with and was often the first port of call for CFMEU Mining and Energy Division) the interests of mineworkers and their many solidarity visits by mineworkers from 1985 until his retirement in 1992. families always to the forefront. seeking support in struggle. Before that, he was the Union’s “He had a great understanding of “On behalf of our members today, Barrier District Check Inspector from the rich history and traditions of Broken we express our sincerest condolences 1974 until his election as President. Hill and used his knowledge and to John Butcher’s wife Pat, their Our Union’s Broken Hill based experience to contribute positively to family and friends on their sad loss. NSW South West Vice-President Greg many of the national issues we faced I hope they take comfort in the fact Braes told Common Cause that “even on our Central Council. He was tough that John’s memory will live on in all before he became a full-time official but equally sensitive, caring greatly for who share his values and trade union of the Union John had a distinguished the plight of mineworkers throughout principles”, said Andrew Vickers. record of service to the rank and file in Australia. Under John’s leadership, Broken Hill. “His first involvement as a Union activist was in 1965 in a dispute at the Zinc mine that we ended up winning. Just a year later, in 1966, John’s commitment to the Union and its members led to him being elected to our Management Committee. In 1969 he was elected as a Trustee of the Union and in 1972 he rose to be elected Vice-President of the Union in Broken Hill. He held that position until two years later he was elected as a full-time Check Inspector”. Greg Braes told Common Cause that even in retirement John kept in close contact with the Union. “He was never intrusive but he was always there to give you good advice when it was needed. John never lost his interest in the Union or its members and was one of the most respected people in our outback city community”, Greg told Common Cause. “He is missed already but his contribution will continue to be valued by the many who had the privilege of knowing him”. General Secretary Andrew Vickers served on our Union’s Central Council

VOL 81 NO.2 APRIL/MAY 2015 COMMON CAUSE 19 Pictured from left at the March Central Council AGM are: Northern District President Peter Jordan; Northern Councillor Kerry Wild; and Tasmanian Pictured from left are General President Tony Maher; General Vice- District President Chris Hinds. President Wayne McAndrew; and Energy Vice-President Lorraine Usher. Central Council AGM In Attendance Our Union’s Central Council met in Sydney from 16-19 March 2015 and National Officials: Tony Maher, General discussed a wide range of District, national and international issues that President; Andrew Vickers, General concern our members. Secretary; Wayne McAndrew, General Minutes of the meeting have been distributed to District and Lodge secretaries. Vice-President; and Lorraine Usher, Members can obtain copies of the full Minutes through their Lodge Secretary. Energy Vice-President. Northern District: Peter Jordan, Todd Hardy, Mick Dobie, Kerry Wild, Jason Porter and Daryl Haile. Our Union’s 2014 Financial Statements Queensland District: Stephen Smyth, Central Council resolved to adopt the 2014 Financial Statements as presented. Frank Baker, Brian Wise, Rick Hibble and A copy of the full financial statements will be available on the CFMEU Mining & Scott Leggett. Energy website (www.cfmeu.com.au) from 26th March 2015. South Western District: Andy Honeysett, Dave McLachlan and Wayne Schedule for Adopting Financial Statements Small. Tasmanian District: Chris Hinds. Adoption of accounts by Council – 17th March 2015. Sent to Lodges and on website – 26th March 2015. Victorian District: Luke Van Der Meulen. Members meeting close – 8th May 2015. Western Australian District: Gary Lodge accounts with Registrar – by 22rd May 2015. Wood.

May 2015 Colouring-in Winners

Emyli Meehan 10 New South Wales Liam Stansbury 5 New South Wales Camryn Jones 9 New South Wales Tenelle Bird 12 Queensland Anna Cottam 11 New South Wales Jake Marsh 12 Queensland Lara Perkins 9 New South Wales Belkey Podmore 4 Victoria Cianna Caldwell 2 New South Wales Taylah Weighell 10 Western Australia

Congratulations to the following winners of the February-March 2015 colouring-in competition who each receive a special prize:

Jake Marsh Liam Stansbury Tenelle Bird

20 COMMON CAUSE VOL 81 NO.2 APRIL/MAY 2015 of the International Miners Organisation (IMO) during 1982-83. During the discussions held with Arthur Scargill he spoke highly of the great support provided to the British miners by the Miners Federation, the Australian maritime unions and many other people throughout Australia during the historic year long 1984-85 UK miners strike. Bob Graham and Barry Swan also Pictured from left are Bob Graham, former General Vice-President of our Union; Jim Logan, Arthur took advantage of their visit to meet Scargill’s son in-law and a former mine manager who is now the CEO of a number of medical up with Anne Scargill and Betty Cooke, primary care centres across Yorkshire; former National Union of Mineworkers President Arthur two of the founders of Women Against Scargill; and former General Secretary of the Miners Federation Barry Swan. Pit Closures (WAPC) an organisation that last year celebrated 30 years of continuous existence. As history Renewing bonds of solidarity shows, the role played by WAPC during the historic national strike and since with British miners could never be overstated. Since 1984, WAPC has been at the forefront of numerous campaigns waged in Britain hile on a recent visit to renew contact with many UK and internationally to obtain equality and to Britain to see the comrades involved in the massive social justice for the working class. WSouth Sydney Rabbitohs industrial struggles of the mid-1980s Barry Swan and Bob Graham told contest the Rugby League World and since. Common Cause that from their visit Championship, former Miners Among the many prominent miners it was clear that the firm bonds of Federation General Secretary Barry activists they met was former British solidarity forged over the years between Swan and former CFMEU Mining National Union of Mineworkers(NUM) Australian and British coal mineworkers and Energy General Vice-President President Arthur Scargill with whom are as strong today as they have ever Bob Graham, took the opportunity Barry Swan had worked in the creation been.

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VOL 81 NO.2 APRIL/MAY 2015 COMMON CAUSE 21 PART SIX IN A SERIES TO MARK THE CENTENARY OF OUR UNION

Marching in Mudgee. Union’s Century of Challenge and Change By Alan Murray *

This is the sixth and final article good. Australia, Prime Minister John be offered to new and existing of a series to mark the centenary Howard seemed fond of suggesting, employees who, if they didn’t like of the birth of our national was a relaxed and comfortable place what was on offer, should look Union. In this series of articles where optimism was to be embraced. elsewhere for work. Extended shifts by eminent mining historian However, the Mining and Energy and ten and twelve-day rosters – Division knew from long experience paving the way for more and more Alan Murray, Common Cause that appearances are sometimes fly-in-fly-out and drive-in-drive-out looks some of the milestones deceptive. The Union held the strong operations – would feature strongly on the long march of Australian conviction that the only people in the offered individual contracts. As mineworkers. who were relaxed and comfortable for established mining communities, t midnight on December heading into the 21st Century were these could be left to wither on the 31, 1999, images of Sydney the big business bosses, the major vine. They were a relic of the past, AHarbour, bathed in the rainbow mining houses, the business lobby a past in which they’d scuttled the colours of a sparkling, exploding groups and some senior Ministers efforts of John Howard, the Federal multi-million dollar fireworks in the Howard Government who Treasurer in a Fraser Government, to extravaganza were flashed around appeared to rejoice in bashing tax mining families on their employer- the world. A young nation – but not a organised labour. Old habits die hard. provided subsidised housing. Letting young country – was welcoming in a Since the ousting of Federal the communities wither on the vine new century with a showy, showbiz Labour in the 1996 general election, might even heal an old injury inflicted display. Obviously, the nation had the Howard Federal Government on Howard as Federal Treasurer. wads of money to send up in smoke. had taken a thumbscrew approach Having secured the second term The extravaganza told the world to organised labour, tightening the that would see him through the early that Australians knew how to party. pressure gradually. Employers were years of this new century, Prime They liked a good time. And times – encouraged to take a harder line in Minister Howard abandoned the if the expensive midnight show was negotiations with unions. thumbscrew approach and embarked anything to go by – appeared to be Individual contracts were to on an industrial relations trench war

22 COMMON CAUSE VOL 81 NO.2 APRIL/MAY 2015 that only ended with John Howard Energy Division could be marginalised ordinary Australians – was the driver losing government and his safe on the Central Queensland coalfields, of WorkChoices. suburban Sydney seat in Parliament There would be a domino effect that The response, by organised in 2007. would flow on elsewhere. That, at labour, to WorkChoices was white In the years from 2000 to 2007, least, was the belief of the mining hot. The peak unions body, the ACTU, Australian working people found lobbyists. It has been shown to be took a carpet bombing tack in that themselves facing the most openly more of a fond hope. response. In newspapers, in electronic anti-union Federal Government since Nevertheless, the attacks grew in and social media, organised labour Federation. intensity. Employers moved to restrict painted the Howard Government Members of the Mining and the on-site access of Union officials as the handmaiden of capital. A Energy Division, during this period, to their members. Numerous times, series of well-made, plain-speaking were correct in believing they were the employers attempted to dismiss advertisements drew attention to the in the Government’s crosshairs. The the legitimate safety concerns of real implications of the legislation – evidence for this view abounded and Union Check Inspectors. The employer widespread casualisation of workers, it didn’t help, either, that the State bottom line here was a relentless next to no protection from unfair Labor Government in Queensland attempt to have workplace health and dismissal, a general dismantling of was obvious in its sympathetic safety issues determined solely by various leave provisions. disposition towards a mining lobby the mining companies. There were The Mining and Energy Division that was supportive of fly-in-fly out several cases of unionists being was among the major backers of the and drive-in-drive-out mines with victimised for drawing attention to ACTU campaign and underwrote their associated extended working safety shortcomings. There were, the first National Day of Action that hours and rosters and their seriously too, illegal lockouts and dismissals sparked the mass mobilisation of detrimental impacts on existing – most of them resulting in lengthy hundreds of thousands of Australians mining communities. and expensive legal battles that were in opposition to WorkChoices. What really mattered to most settled in favour of Mining and Energy Additionally, the miners union politicians – of all ideological hues – Division members. also produced a series of satirical was revenue. “Show us the money,” But if battles in Queensland advertisements that purported to they crooned. Prices for commodtiies were initially being fought on a show how mega-wealthy individuals were up. Demand was up. The more relatively narrow geographical front, deserved better treatment from the that was mined and shipped to everything changed when the Howard Howard Government. buyers overseas, the better. Working Government, like a firebug with a The unions campaign was the and living conditions weren’t a box of matches and a can of petrol, final nail in a Howard Government priority in the corridors of power. If ignited a national conflagration with that was increasingly seen by working companies could cut costs and bolster its WorkChoices legislation. people as arrogant, out-of-touch and their already staggering profits the The Howard’s Government’s virulently against the Australian notion politicians wouldn’t be complaining. claim that WorkChoices was simply of a “Fair Go.” Beyond doubt, it was They’d be far too busy counting their a response to the “need” for the Mining and Energy Division that rising revenues and telling investors “deregulation” of the labour market helped hammer the nail flat. everything in Australia was for sale and that no worker would be worse The Howard Government was sent to the highest bidder. In fact, the off as a result was a falsehood. So, packing in 2007. It was replaced by investors could even bring some of too, was the official assertion that the a Federal Labor Government led by their own workers. legislation had increased productivity Queenslander Kevin Rudd. While the In the coal sector, the attacks on as its driver. The reality was that return of the ALP to office nationally Queensland members of the Union profit – paid for by the imposition of was obviously lauded by organised were particularly aggressive. There master and servant conditions on labour, there were those who while were several reasons for this. Unlike the mining towns in New South Wales, most of the Queensland mining towns – places like Dysart, Moranbah, Tieri and Middlemount on the Bowen Basin – had been purpose-built between the late 1960s and the mid-1980s. These towns were well away from established centres. As such, those who lived in the towns and worked at nearby mines were an isolated target. Further, the Union’s Sunshine State leadership and rank-and-file membership was well-known in Queensland for its solidarity. If that solidarity could be “diluted” through the use of contract and, in reality, casualised labour, the Mining and On the protest line in Tahmoor.

VOL 81 NO.2 APRIL/MAY 2015 COMMON CAUSE 23 Protesting in Queensland. Fighting for rights in Victoria. welcoming a Labor Government, had the passage of legislation at times ahead, articulate and constructive not warmed to Rudd as Opposition impossible. unionism has a pivotal role in leader. There were times, in meetings For the Mining and Energy continuing to help shape the values with unionists, when he seemed to try Division, the Labor years from 2007 and sentiments that define a generally too hard to be “one of the gang.” These to 2013 had failed to live up to their inclusive nation. was a perception of a shallowness promise. In many respects they were History provides the evidence that in his weekly “impromptu” media lost years. Proposed increased taxes supports this assertion. conferences as he left church on on super profits were trashed by In July, the Mining and Energy Sunday. He made much of his a mining industry public relations Division will mark a century since the professed Christianity although he had campaign. Overall, the mining establishment of its predecessor, the a reputation as sharp-tongued and lobby appeared to have increased Miners’ Federation. In that century sometimes dismissive of colleagues its influence with Federal and State since 1915, mineworkers and their and their opinions and feelings. Governments. It had consolidated Union have won great advances that Yet, no question about it, he was some of its gains in respect of fly- have flowed to the wider workforce better than the Howard alternative in-fly-out and drive-in-drive-out – they have ensured that workplace and at least he made the right- operations although, it must be said, health and safety and compensation sounding noises on climate change, the Mining and Energy Division are not left in the hands of employers, environmental action and the merit had, with overwhelming community they have secured long-service and of imposing a super-profits tax on the backing, particularly in the Hunter sickness leave, they have secured the mega-windfall earnings of mining Valley in New South Wales, blocked portability of some classes of leave, companies. But Rudd did not complete plans to establish mega mining they have held fast and with courage a first term as Prime Minister. He camps near existing towns. against illegal lockouts and summary was replaced by Julia Gillard whose But the reality was that Australians dismissal and victimisation, they have backers savaged Rudd. Some said he had elected a conservative coalition championed training that has allowed was “dysfunctional” in how he often that quickly showed itself to be at workers to meet their full potential, froze them out of decision-making and least as anti-union and anti-worker they have delivered on pensions how he was perceived as a man who as the Government of John Howard. and compensation and redundancy held and nurtured grudges. It was also, as revealed by its first payments. Gillard took Labor to a 2010 budget, a Government that intended They have, too, donated many election in which its comfortable to take a financial stick to the young millions of dollars to schools and margin was shredded and the ALP unemployed, single parents, the aged, hospitals and emergency services found itself in a hung Parliament the unwell, students, war widows and organisations and grass roots and forced to cobble together a returned servicemen and women. community projects and junior minority administration that relied It was a government of the well-to- sporting teams. Many hundreds of on Independents and the support of do, for the well-to-do. It would run an higher education scholarships have The Greens Party. Three years later, Australia where, according to Federal in 2013, with the Gillard Government Treasurer Joe Hockey, there were been awarded. bleeding support, Labor called Rudd leaners and lifters. He said “the age Unionism, of course, is not perfect back to the top job in the hope that he of entitlement” was over. The most but it is, perhaps the least imperfect could salvage the electoral fortunes disadvantaged and in need would pick way of effectively representing the of the ALP. He could not. The ALP was up the bill for the feather-bedding of shared interests of working people. thrashed at the 2013 federal election. the most advantaged. This, too, is a lesson of history. Opposition leader Tony Abbott was Time will tell if the Australian * Alan Murray is a mining historian and the new Prime Minister of Australia. people agree with the Abbott and author who has published seven books His victory was handsome although Hockey view of who Australians are. on Australian coal mineworkers and our a fractious Senate would make What can be said is that, looking communities.

24 COMMON CAUSE VOL 81 NO.2 APRIL/MAY 2015 Where do you want to be? Build your financial future

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+ Initial obligation-free consultation with a lawyer

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