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By Brian Boyd, VTHC Secretary 18 July 2006 Workers in the building industry can expect to be threatened with jail if they don't answer questions from the quasi - industrial police force, the Australian Building and Construction Commission (ABCC).
Brodene Wardley CFMEU member, is a single mother of 3 and a crane driver at the Roche Mining project near Hamilton in western Victoria. She is also the occupational health and safety representative.
She was a rank and file speaker at the last trade union (ACTU/VTHC) National Day of Protest in Melbourne on the 28th June. However, her story started last April when she received a letter from the ABCC telling her she would be jailed unless she appeared before the draconian policing body for the Industry, to answer questions about her fellow work mates, who took industrial action in September the previous year.
The action occurred after a minibus containing 10 Roche workers was nearly hit by a train at a level crossing near the site. The crossing had no warning lights, only a give way sign.
The workers called a stop-work meeting, arguing the only way to convince the company to address their concerns was to withdraw their labour. Roche took the workers to the Industrial Relations Commission, where an agreement was negotiated. Safety improvements were made at the crossing and the workers went back to work.
Wardley believed the issue was behind her until contacted by ABCC investigators to appear at the Portland Magistrates Court on May1.
"I was threatened with six months' jail if I didn't appear", she told the media recently. "I was threatened with six months' jail if I didn't answer questions. If I speak about what happened in the courtroom, I can be threatened with jail or a fine".
Wardley was interviewed for almost four hours. The hearing was closed to all except ABCC staff and her lawyer. She was compelled to answer all questions, warned if she prevaricated, and was also required to produce documents. She has no right to silence, even on the grounds of self-incrimination, a normal legal right. If she refused to co-operate, she could be jailed. She could not discuss any detail with her friends or family, including her children.
"I was treated with less respect than a criminal or murderer or drug dealer," she says. "I couldn't believe it.
"How far are these people going to be allowed to go? They just can't treat people like this. Not in Australia. We're in Australia, for god's sake."
Her lawyer whose clients include a group of Melbourne terror suspects has said the legal provisions in the building industry have been adapted from ASIO legislation!
Wardley's lawyer has said the secrecy provisions in the anti- union Building Industry legislation is only found in counter terrorism, underworld murder, drug importation or corrupt police procedures!
The Federal Government set aside $123 million dollars for ABCC operations against Australian building workers. The ABCC director John Lloyd intends to increase his staff from 110 to 150.
The ABCC has recently taken action against more than 100 workers on the WA Perth- Mandurah rail project because they stood by a sacked shop steward. |