GATHERCOLE CARRUM During the last six months of 2004 the Shop Committee (your elected delegates) worked extremely hard to protect and improve your wages and conditions by successfully negotiating a new two-year enterprise agreement (EBA). This agreement is in the process of ratification and the Union has had to prepare legal submissions through its Federal Industrial Officer Leigh Norris in order to overcome objections that have been made by the Australian Industrial Relations Commission (AIRC) to certain clauses that allegedly breach the Howard Government's anti-worker Workplace Relations Act. The Shop Committee, the members at Carrum and A.M.I.E.U. officials are committed to the agreement at Gathercoles. This includes the settlement of disputes procedure.  Work is to continue at all times during this procedure and no breach of this practice is allowed. If an issue is deemed to be an Occupational Health & Safety concern it is to be handled by the relevant OH&S representative in conjunction with the Shop Committee and WorkCover Safety Field Officer. No wildcat strike action can be undertaken without the authority of the Shop Committee. The Company has written to the Union and the Works Delegate in the following terms: "I refer to the refusal of your members to work to our recently signed enterprise agreement on 25th and 27th January this year.  Our Company is expected to work to the terms of the agreement and we were extremely disappointed when your members in the beef section refused to complete the declared tally for the day. We would appreciate your written advice as to the reason for your members' refusal to work to the enterprise agreement which was agreed to by both parties. (Signed) Graham Gathercole" The Union and the Shop Committee understand the procedures that are to take place in the event of an industrial dispute or occupational health and safety issue. On 25th January the proper action to take should have been as follows: 1. Inform the OH&S Rep. from the floor of the problem. 2. Allow him to assess the problem, and accept his decision. 3. If his decision was that to continue work constituted a health and safety risk in spite of the Company offering various remedies, he should issue a P.I.N. and contact the OH&S Inspectorate. 4. In this situation, all members are to remain on the plant available to resume work should a solution be found. By going home the beef employees have failed to carry out either the OH&S procedure or the settlement of disputes procedure prescribed in our EBA. These are matters that will cause any subsequent argument in the AIRC to have little substance. The Union is aware that Gathercoles have been investigating the possibility of closing the beef house and having their beef kill contracted out at another location.  Fortunately it seems that the Company is not going through with this move. The Union strongly advises the beef floor members to adhere strictly to the settlement of disputes procedures and the OH&S regulations in the future, else the closure of the beef floor may well become a reality.