Belandra - Tasman Group - ESP - Larberg (continued)

Companies Defy A.I.R.C.
Last July as a result of the Union taking action in the Federal Court, an agreement was reached with Belandra, ESP Tecforce and Larberg regarding who was to be employed at the Kyle Road meatworks.

In unambiguous terms the agreement, signed on behalf of the three companies and the Union, stated 'ex Brooklyn employees be given priority in employment at Kyle Road, subject to any employee's capacity to do the work'.

From Day One after that agreement was reached, Larberg, ESP and Belandra have consistently ignored it. The Agreement goes on to provide for disputes to be taken to the Australian Industrial Relations Commission if problems arise.

The Union wrote to Larberg and ESP on numerous occasions when it came to our notice that there were several ex Brooklyn employees who were being refused employment. This issue was also raised in direct discussions with senior management of both companies.

Members working at Kyle Road informed the Union that there were in fact many non-Brooklyn workers at the abattoir and indeed while some had been there since before the 5th July agreement, the vast majority had been put on since then as the killing chains expanded as well as in the loadout and cleaning gangs.

All of this was pointed out on many occasions to Mark Mitchell of ESP and Sean Caroll of Larberg, to no avail.

The Union could only assume that those people either had no intention of carrying out the July 5th agreement or had been told by the Executives of the Tasman Group to ignore it.

Dispute
As a result of this non-compliance the Union notified the A.I.R.C. of a dispute. This was listed for hearing on Friday 28th September.

The Union nominated Geoff Wise, David DeGuara, Mario Xuereb, John Geier, Abdul ElKharrez and Richard Denny as employees not given a start who should have been, and Graham Blake as an employee who had been mysteriously 'sacked' after being given permission to have a day off to deal with a family crisis.

The companies fronted the Commission with lawyers, despite having senior management present, who if the case were to be argued honestly we thought could have handled the advocacy. It very quickly became evident that the lawyers were instructed to prevent the dispute being aired and that there was no intention to allow our members, who had been effectively denied employment for three months, a fair hearing.

Evidence
The Commissioner went out of his way to accommodate Larberg and ESP, permitting their lawyer to remain and prevailing upon them to put forward their reasons, if in fact they had any, for not employing these men.

Discrimination
The Union pointed out to the Commission that of the seven members five had been either Union delegates or Occupational Health and Safety Representatives at Belandra and it was our view that clearly this was why they had not been employed.

ESP and Larberg were given every opportunity to provide evidence to debunk the Union's submission but refused to do so and maintained that they had good reason but were not prepared to say what they were.

They insisted on sticking to this farcical stance even when the Commissioner pointed out that, if they filed to proffer any evidence, he was entitled to draw the inference that they either didn't have any evidence or that any they did have could not help their case.

Instructions
For some strange reason ESP and Larberg asked to have the weekend to get instructions. The Union queried the need for this, as their senior management were already in the court! Presumably the instructions were from yet another company (surprise, surprise!).

In any event the Commissioner allowed them until 5pm on Monday 30th September to get their instructions and to provide an answer to the Union. On Monday the companies confirmed they would not change their mind.

The Commission gave its findings in writing that the six who had not been employed were to be given a start straight away and that Graham Blake was to be reinstated with back pay effective from the day off he had to deal with his family situation.

Recommendations Ignored
During the proceedings the companies made it fairly obvious they would not carry out the Commission's recommendation, despite agreeing to this format on 5th July. We wonder how much more deceit they are capable of

Anti-Union Discrimination
Due to the casualisation of the workforce and the anti-Union attitude of management at Kyle Road, members have shown a reluctance to nominate as delegates or OH&S reps. If the situation endured by the five who took their case to the AIRC and that of Works Delegate Fred Grace is explained you will understand why

Fred Grace
Shortly after the July 5th agreement, meetings were held between the AMIEU and Larberg and ESP pursuant to the terms of that agreement. Fred Grace attended those meetings as elected representative of the employees at Kyle Road. His reward for attending the meetings was to be stood down the next day.

Fred unfortunately had to have time off to deal with a family tragedy and when he returned he had to attend the Federal Court during the week 30th September to 4th October to give evidence. Knowing this, Larberg and ESP pestered Fred all week to return to work, which of course he couldn't do due to his legal obligations. Now that the case has been adjourned, the company has again discriminated against him by standing him down indefinitely. This is despite the fact that ESP continues to advertise and employ more and more new people.

Revised Agreement
As a result of the charade involving the July 5th Agreement and the likelihood of Federal Court proceedings dragging on for many months, the Union has negotiated improvements to the
Agreement to provide an avenue of justice for those members effectively blacklisted from employment at Kyle Road. We will be taking matters to court under this new agreement immediately any further discrimination by ESP Larberg or Belandra/Tasman management is evidenced.

Continuing Discrimination
Already there are three more ex Brooklyn workers who have notified us of similar treatment to the seven who were the subject of the original application. One case is particularly bizarre. A member who drives the forklift and had worked every day for several weeks, including large amounts of overtime, observed senior Tasman Group/Belandra executives watching him work and then talking to Ron McKewan, ESP site manager. All of a sudden the member got a phone call telling him not to come to work as the company was going to 'try something new'. In fact, nothing new was attempted, but he was effectively sacked, we believe at the behest of either Gilbert of Bernie Cabral.

Kyle Road Organisation
The Union believes there are about 160 or more workers at the abattoir and the number is growing. Most have joined the Union by agreeing to Direct Debit; a few have indicated a preference to pay the delegate directly.

Union Protection
We urge those who have not joined the Union to do so, as until the Federal Court proceedings are finalized it is the only protection you have. This protection will be further improved when more members are elected as Union representatives and Occupational Health and Safety Reps who are then empowered under the State Act to address any issues that affect health and safety.

It is our view that each chain should have as a minimum a slaughterman's delegate, a labourer's delegate and a health and safety rep. There should also be delegates from the loadout and cleaning gangs. Until you are organized on the job it will be difficult to improve your circumstances and develop future strategies.

Shop Committee
By far the most effective way to organise on the job is for the members to elect a Shop Committee consisting of the delegates above. Under the Federal Court Interim Agreement these delegates must be recognised by the Company and allowed time off work to deal with any members' problems.

Federal Court Proceedings
When Kyle Road started killing in July 2002 the Union commenced proceedings in the Federal Court alleging that Belandra and the other Tasman Group companies had set up the new arrangement to evade the 2000 Agreement and to prejudice Union members.

The Union applied for injunctions and other orders. In the result, the Union was able to negotiate an arrangement under which the Brooklyn workers would be given preference in employment until the full trial of the proceeding.

The trial started on 30 September and continued for the whole week.

The companies' defences are that the use of labour hire companies is just a commercial arrangement and there was no intention that it would be used to evade the Agreement or reduce workers' conditions.
The Union's witnesses gave evidence about the history of industrial problems at Brooklyn, and the assurances that were given to the Union in June 2001 that the Brooklyn workers would be re-employed.

Adjournment
The trial did not finish in the week and has been adjourned until March next year for another two weeks of hearings, at which time the companies' witnesses will have to give evidence.

Interim Arrangement
In the meantime the Union has negotiated a further interim arrangement, under which the former Brooklyn workers continue to have preference in employment.

Industrial Relations Commission
Because of the problems that have arisen since July, however, the interim arrangement now is that any disputes about re-employment can be taken to the Australian Industrial Relations Commission, and the Commission can issue a binding determination. If the determination is not observed by ESP or Larberg, the Union can go back to the Federal Court and refer to the Commission's determination in seeking a court injunction.

Health and Safety Disputes
The interim arrangement also now provides that the Commission will set out a procedure for dealing with health and safety disputes. If that procedure is not followed then again the Union can go to the Federal Court for injunctions compelling ESP and Larberg to act.

AMIEU v. Belandra Pty Ltd & Ors
Federal Court of Australia V416 of 2002
Interim Agreement

1 Further to the Heads of Agreement executed 5 July 2002, the undersigned parties make this Interim Agreement, which shall prevail over the Heads of Agreement to the extent of any inconsistency and apply until the final hearing and determination of this proceeding, subject to any order of the Court.

2 Any dispute regarding clause 1 of the Heads of Agreement be dealt with under the SOD procedure as set out in clause 8.3 of the 2000 Agreement, provided that any such dispute shall be referred to Commissioner Smith of the AIRC (or another member of the AIRC agreed between the parties) for conciliation and if necessary determination. In determining the dispute the AIRC may have regard to all relevant matters including but not limited to the inherent requirements of the position, the operational requirements of the Kyle Road works and the availability of suitable alternative duties.

4 For all purposes in connection with the SOD procedure, any ex-Brooklyn employee be permitted to be represented by an employee delegate, such delegate to be recognised by all parties and permitted reasonable time away from duties to deal with the matter in accordance with SOD procedure.

5 In default of compliance by any party with this Interim Agreement, any other party may apply to the Court for such interlocutory or other relief as it may consider appropriate including enforcement of this Interim Agreement, and may produce and rely upon this Interim Agreement in support of such application.

7 The parties agree to request Commissioner Smith or another member of the AIRC agreed between the parties to prescribe a settlement of disputes procedure regarding health and safety issues, such procedure to be binding on the parties and enforceable as per clause 5 above.