Demolition of the Australian Building and Construction Commission and the Defense of Ark Tribe.


Speakers’ notes for the Demolition of the
Australian Building and Construction Commission and the
Defense of Ark Tribe.


It is very important that the word is passed around to as many people as we can get to. This includes addressing youth groups, book groups, church groups, and any collective of concerned citizens.
Following is a selection of speaking points for anyone who is addressing a group to inform them of these real threats to getting home safely from a day at work. It is important for fellow workers and citizens to understand that the battle against the ABCC is in defense of our civil liberties and democratic rights. The ‘Spirit of Eureka’ could be invoked here.
Use them and please adapt these points according to your audience.
Other additions, thoughts and examples are welcomed. For example a few lines of the song ‘Solidarity for Ever’ could be included to sing at the end of a meeting.

Outline
A) Speakers Notes.
1. The Construction Commission is an issue For All Working Australians Who Value A ‘Fair Go’.
2. Federal ALP And The “Tough Cop On The Beat”
3. What kind of democracy? – Exercising Our Rights to Participate – Making our Communities and Unions matter.
4. Everyday on site building workers are menaced by the absence of health and safety … Young apprentices and training, and safety at work.
B) Statement of defiance
C) Model motion
D) Personal message to Ark Tribe
E) Appendix including other useful contacts and web sites.

The CFMEU’s Construction Division’s Campaign
to defeat the unjust laws of ABCC

1. This is an issue for all working Australians who value a fair go.
At the ACTU Congress in June, every union in this country indicated its opposition to these unjust laws being used against workers.

You have all seen the Work Safe ads on television – “talk it, act it, get home alive”

http://www.workcover.vic.gov.au/wps/wcm/connect/WorkSafe/SiteTools/About+WorkSafe/Campaigns

Real Threats – to lives of workers, and livelihoods of whole families

Did you know? In this fair and democratic country, Australia, values that we care about are being violated by the fact that an working man faces being sent to jail for 6 months for alerting government health and safety authorities to unsafe working conditions that threatened the lives of his and fellow workers.

Occupational Health and Safety laws breaches by employers, like those that Ark and his work mates identified, are, in effect, being imposed on workers by the Construction Commission because any action taken to protect safety and conditions is deemed unlawful.

The Construction Commission is the biggest threat to workers health and safety
http://www.rightsonsite.org.au provides footage of the circumstances of the dispute that leaves Ark facing the ABCC, the courts and gaol. Ark also explains why he is taking the action he is taking.
The questions – Why has nothing fundamentally changed under an ALP government?
• A government put in to power by the combined activity of tens of thousands of workers under the banner of YOUR RIGHTS AT WORK.
• Why is this government – that was put in to power to get rid of the Howard laws – now breaking its promise to get rid of those laws?
• Why is Working safe and “talking it and acting on it so get home alive” illegal if you are a construction worker?

2. Federal ALP and the “Tough cop on the beat”
Gillard’s proof? – Speech in parliament
“high levels of unlawfulness as evidenced by allegations, investigations, prosecutions, audits AND THE LIKE” !!?? … but … NO CONVICTIONS!

Why we need to DEFEND THE ACTIONS of Ark Tribe.
We CANNOT TOLERATE going to work and LEAVING OUR RIGHTS AT HOME.

Ark Tribe – Will they jail him? How do we Demolish this framework of fear?

Will they jail him? Hundreds of unionists in South Australia cheered Ark Tribe as he entered court on the 10th March 2009. Ark is the latest construction worker to be threatened with six months jail for standing up for his right to make a workplace safe and objecting to the flagrant injustice of the Australian Building and Construction Commission’s (ABCC) star-chamber by refusing to answer when questioned.
But, will they jail him? The State forces failed to convict CFMEU organiser Noel Washington late last year. With all the penal powers, the police, the special powers, and all the law courts of the land, the power of the unions stopped them dead. Despite the belligerence and arrogance of this anti-labour federal government and the coercive powers and forces available to them the enforcers failed to follow through their threats.
Legal means are no match for workers’ organised collective response from on the job. Solidarity grows from the social and industrial strength that workers build by organising and unifying themselves. Solidarity is vital to better fight for our rights at work.
While there is an ABCC there will never be Rights at Work in a Fair Work Australia.

The reason CFMEU is being targeted is because it has over decades persistently campaigned for better Health and Safety on building sites and demolition sites.
• Asbestos from 1970’s on
• Public Housing
• Environmental green bans
• Air and water pollution

3. WHAT KIND OF DEMOCRACY IS IT WHEN WE CANNOT EXERCISE OUR RIGHTS AND PARTICIPATE?
It is these kind of actions – practically demonstrate what it means to exercising our rights and participation means – THAT IS HOW WE MAKE AND DEFEND A DEMOCRACY.

Taking a stand on defending our rights at work, to express our collective opinion, and putting words into action is the BEST WAY TO UNDERSTAND AND PROTECT OUR DEMOCRATIC RIGHTS.

Making our Communities and Unions matter
What does a fair and democratic Australia mean? The best way to answer this question is by helping each other and showing people through collective actions.
Unions matter for making and keeping Australia a fairer and democratic society.

The Liberal Howard Legacy: Terror; Alert and Alarmed; Constructing Fear
• From 2000 to 2003 Liberal Government spent $60 million on the Cole Royal Commission into building workers
• $20 million dollars was spent on anti-terrorist measures!
WHY? To smash unions; exercising rights for safe conditions and protect lives; livelihoods.
• Workchoices was the end result.
• Your Rights at Work Campaign – Tens of thousands of workers organised to defeat Workchoices. We sacked the government and its leader Howard.
Why to STOP UNIONS connecting to larger social and environmental issues STOP taking on responsibilities beyond immediate industrial issues.
UNIONISTS are people who live in the community!

Gillard speech; where is the violence and where are the convictions?
NO EVIDENCE!
When was the last time a building worker menaced you?

• We have criminal laws to deal with workers who commit crimes on site.
• Why has labour law that is meant to improve and protect conditions for workers now become a sub-branch of the criminal code?
The Construction Commission is the greatest threat to safety
Why isn’t WorkSafe tackling the Commission?
4. EVERYDAY ON SITE BUILDING WORKERS ARE MENACED BY THE ABSENCE OF HEALTH AND SAFETY – BEFORE THE UNION CLEANED UP unsafe SITES WERE UNSAFE.
THE CURRENT UNION CAMPAIGN HAS HAD AN EFFECT
Gillard’s definition of violence does not extend to the tens of thousands of building and construction workers expected to die from asbestos-related diseases. No executive or director of James Hardie faces penal sanctions over that slaughter.

Gillard acknowledged that health and safety issues were ‘deliberately not included in Mr. Wilcox’s terms of reference’. That exclusion meant that Wilcox could not investigate one of the principal realms of illegalities by employers, or use that investigation to explain the levels of unlawfulness by workers defending themselves, as in the case of Ark Tribe. Under the review’s unbalanced terms of reference, would Tribe’s conscience have allowed him to accept Wilcox’s fee of $326, 974?

• WILCOX REVIEW – No OH&S – what sort of conscience accepts $315 K
• PM Kevin Rudd’s government is still funding the ABCC to the tune of $32 million a year. Murray Wilcox, a former federal court chief justice, was appointed to review the powers of the ABCC. He has also been asked to report on the integration of the ABCC into Labor’s proposed industrial relations umbrella, Fair Work Australia, by February 2010.
• Even though Wilcox said in an October 3 discussion paper that the Building and Construction Industry Improvement Act was “discriminatory” against building workers, he did not call for its abolition far from it.
• Still bad laws though – band-aids don’t stop infections.
Young apprentices and training and safety at work – If there is any remaining doubts – REMEMBER OUR KIDS – LEST WE FORGET.
See E) Appendix for further information

B) Model motion
This meeting supports the actions of Ark Tribe to defend his democratic rights to free speech and speak out and act against laws that prevent construction workers working safely. Ensuring that employers meet their legal and statutory obligations in providing the necessary conditions for safe work practices requires the organising power and support of a union. We support and encourage actions of Ark Tribe in refusing to provide evidence to the ABCC or any other body that denies him his legal right of presumption of innocence, and to legal representation of his choice. We call on the federal government to disband the ABCC.

C) Statement of Defiance
Support Ark Tribe and his Right to a Safe Workplace.
We the undersigned welcome the refusal of Ark Tribe to provide evidence to the ABCC. We call on our fellow Australians to join Ark Tribe in breaking the laws. We accept that in signing this statement we make ourselves libel to prosecution for incitement to break the law.
Name Address email Organisation Signature

D) Personal support for Ark. Ark is standing up for all of us by defending our rights at work. While he has the support of the union and of many workers from around the country it is important to let him know. All said and done he is the one facing 6 months in a gaol.
See Ark Tribe on You Tube, and Send support to Ark on http://www.rightsonsite.org.au

E) Appendix and other useful websites
Adelaide woman Andrea Madeley has called for the national adoption of industrial manslaughter laws.
Her plea follows a $72,000 fine imposed by an Adelaide magistrate on local business Diemould Pty Ltd which had employed her teenage son Daniel until his death in their workplace on Saturday June 5, 2004.
Her call follows the state Labor government’s disgraceful attack on worker’s compensation laws last year, and the Federal Labor governments “lowest common denominator” approach to a standardised national set of worker’s compensation laws.
The teenager suffered fatal injuries when his dustcoat became caught in the unguarded spinning shaft of one of the company’s boring machines. He died the next day in the Flinders Medical Centre.
The boy suffered injuries to every part of his body – his brain bled severely, his spine was lacerated, his arms and legs were broken and both feet were severed – in the incident.
“I need to ask Daniel’s employer these questions now,” said Andrea Madeley. “We’re talking about a machine capable of tearing a human being apart – please tell me what the hell you were thinking having Daniel operating that thing alone in the factory in the middle of the night?
“It will be my life’s work to hound the conscience of shoddy operations – companies that believe the bottom line is more important than the lives of their workers and their loved ones. That is the promise I made to Danny. I aim to keep it.” http://www.void.org.au http://www.void.org.au/index.html

Ark Tribe on you tube and Send support to Ark on http://www.rightsonsite.org.au
http://www.rightsonsite.org.au provides footage of the circumstances of the dispute that leaves Ark facing the ABCC, the courts and gaol. Ark also explains why he is taking the action he is taking.
http://www.workcover.vic.gov.au/wps/wcm/connect/WorkSafe/SiteTools/About+WorkSafe/Campaigns – provides the ads seen on TV
http://www.void.org.au Voice of Industrial Death. To keep her promise to her son, and to help the families of other victims of workplace death, Andrea established the organisation VOID (Victims Of Industrial Death) in May 2006. She is its foundation President, and maintains this website for the organisation.
chriswhiteonline.org/2009/06/arks-tribe
http://www.framework-of-flesh.com.au “I hope that Framework of Flesh is read by every building worker and by all those with an interest in occupational health and safety.” Linda Clarke. Framework of Flesh: Builders’ Labourers Battle for Health & Safety by Humphrey McQueen, published by Ginninderra Press, Adelaide, 2009

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