For over three months the Union has been trying to enforce the freely entered into agreement regarding priority of employment at the abattoir.  Many lies have been told concerning why various individuals have not been given a start.  Some of these lies include:

o               He won't be employed because he's on WorkCover;

o               He won't be employed because he's not competent;

o               He won't be employed because he can't fulfill the requirement to rotate through all the slaughtering positions;

o               He won't be employed because he hasn't contacted ESP.  (This was used with regard to several workers who kept detailed records of the numerous contacts they had with various people from ESP including Ron McKewan, Mark Mitchell, Dennis, Victoria and Irene among others.

o               He won't be employed because he's on another assignment. (This was a worker sacked from Kyle Rd on Gilbert Cabral's insistence, and  was then sent by ESP to work at Bacchus Marsh ).

o               He won't be employed because he was sacked at the abattoir for stealing gallstones, is incompetent, caused the chain to be stopped and cut hides! 

After Commissioner Simmonds had recommended that all of the workers in the Union's application should be started forthwith, and in one case paid several weeks back pay, Larberg and ESP thumbed their noses at the decision and refused to carry it out.  This led to a number of subsequent hearings before Commissioner Simmonds and Commissioner Smith, and slowly the Union is making progress despite the Company's use of lawyers to delay, obfuscate and deliberately complicate the proceedings.

Friday 25th October

Whilst the Union was in conference with Commissioner Smith in an effort to get various matters resolved regarding the employment of ex-delegates, Health and Safety Representatives and so on, the lawyers for ESP and Larberg threatened to walk out of the Commission, saying that Union Assistant Secretary Paul Davey had ordered an overtime ban on Saturday work at the meatworks.  This was denied, but Davey told the Commissioner that if the workers decided not to work on Saturday, naturally they did not have to.  The lawyers said they had witnesses prepared to give evidence on oath that Davey had imposed this ban.  They also indicated they would apply for a hearing to pursue the matter early this week. 

The conference broke up at about 3pm on the understanding that several of the workers who were seeking employment were to be contacted on Friday night with a view to starting work the following week.

Unbeknown to the Union, Larberg and ESP then sought an urgent hearing the same day, which was granted to them at 5pm, and which took place without the Union's knowledge and the Commission ordered any alleged ban to be withdrawn.  This is known as an 'ex-partite' hearing.

Again lies were told.  It was stated that there were 700 cattle whose welfare would be affected by the alleged 'ban'.  (In fact the company had only planned on killing less than half this number).

At an ex partite hearing there is an ethical obligation for advocates, especially lawyers, to put all the facts before the Commission, irrespective of whether those facts assist their case or not. 

Some facts conveniently overlooked at that hearing:

o               If Saturday morning overtime is required, 24 hours notice must be given.

o               A casual cannot be forced to work on any day if he or she chooses not to, as their contract of employment finishes at the end of each day.

o               The working of 'unreasonable' overtime is not compulsory, despite what the AWA might state, and the criteria is now well established for 'unreasonable overtime' in a recent Full Bench decision.

What Really Happened

A number of employees on the beef chain who did not want to work overtime on Saturday raised the issue at morning smoko and a vote was taken.  Nobody spoke to Paul Davey, who was at the Union Office taking the Minutes of the Victorian Branch Committee of Management, a regular meeting of the supreme policy-making body of the Branch with some 45 to 50 delegates present.  Paul Davey was in fact asked by some of the delegates if workers at Kyle Road had to work overtime on Saturday mornings, and he answered that of course they don't if they don't want to.  That was all that was said, and yet the Company interpreted this as Paul Davey personally imposing a ban.

Apparently the vote taken at the smoko meeting was unanimous. Following the resumption of work the foreman and Ron McKewan approached workers individually and effectively threatened some with the sack if they did not change their mind and work on Saturday.  This resulted in about 25 workers agreeing to work.

What is Legal and What is Not?

It is within everybody's rights to refuse unreasonable overtime.  It is their right not to work on any given day because they are casual workers.  If the Company wants permanent employees, then they should negotiate the implementation of the Belandra Agreement.

It is the workers' right not to work overtime if fatigued, given insufficient notice, or for family reasons.

It is illegal to threaten workers with the sack, or being put 'off the roster' or any similar penalty, for declining unreasonable overtime.

It is illegal to discriminate against Union members, Delegates or Health and Safety Representatives.

Return to the Court on Tuesday 29th October

The Union demanded an opportunity to reply to the misleading material put before Commissioner Smith in their absence on Friday 25th October. This was scheduled for 4.30pm on Tuesday 29th October.  After hearing what really happened, the Commission revoked his decision from Friday 25th.

Asbestos Removal

Some of the workers contacted the Union office as they were worried that some people had been observed dressed in full body suits with masks removing what was obviously a hazardous material from the back of the works.  Unfortunately in the absence of any elected Occupational Health and Safety Representatives, no-one knew what to do.  After consultation with the Union's OH&S Officer, Gwynnyth Evans, the Company has been given a series of questions to answer regarding the removal of what we now know to be asbestos: 

Had we been informed about the process before it happened, we could have made sure all the workers were protected from any possible contamination.

This emphasizes again the need for a properly elected Union OH&S Representative in each designated work area.

Union Delegates, Health & Safety Reps and Shop Committee

The fact that the Federal Court proceedings have been adjourned until March 2003 make it all the more important to have Delegates and Health and Safety Representatives on site.

The episode with the asbestos removal and the slaughterman who had to walk home after suffering a heart complaint are two recent examples demonstrating the importance of having these representatives on the job. 

You need a fully functional Shop Committee with delegates from each section and health and safety representatives from each designated work area.  At the very least there should be one from each small stock chain, the beef chain, the lamb boning room, the stockyards, the loadout, the cleaning crew and the offal rooms.

It is pleasing to report that most have now joined the Union, but there are still a number who haven't, and of course new employees starting.  See your delegate to sign up.  The Union will ensure that Larberg, ESP and Belandra do not find out details of your individual membership if that is what you desire.