2.
Gavin Marshall elected to the Senate

ETU Assistant Secretary Gavin Marshall stood in the recent Federal election as a Senate candidate for Victoria. Gavin was elected and will take the seat in the Senate in July 2002.

The Union congratulates Gavin on his victory and wishes him well in his work in Canberra representing Victoria.

Gavin will certainly be missed at the ETU but we're sure he will "Recharge" the Australian Parliament when he takes up his seat.

The ETU is certain that the interests of workers will be advanced by Gavin's election, and it is a measure of the respect in which the Union is held that he achieved pre-selection for the Senate.

3.
Employer fined $50,000.00 following injury

A major manufacturer was recently fined $50,000 for having an group-training apprentice working live on an electrical installation.

On 6 November 1999 at Scoresby, an employee of a group training company was directed to install a power point and connect it to a live electrical switchboard. He sustained serious burns when the switchboard short circuited.

The Magistrate noted that the expression of remorse on behalf of the company included an unequivocal apology to the apprentice. Remorse can also be inferred to the extent that the company cooperated in the investigation. The defendant's plea was not to a company-wide systemic failure, but to a brief but critical lack of care due to the lack of supervision.

While the apprentice had not been inducted, his supervisor had. The task was discussed on the morning between the supervisor and the apprentice. The supervisor was 15 metres away at the time of the incident. The plea conceded that closer supervision ought to have been employed. The prosecution's case was that it was practicable to isolate the distribution board, while bearing in mind the hazard. The incident demonstrated that to be true.

Taking into account the character of the company, the previous court appearance, the company's remorse, the cooperation with Victorian Workcover Authority and the implementation of matters subsequent to the incident, the magistrate nevertheless considered that there had been a critical failure.

The Electrical Trades Union (ETU) issued the following Alert in relation to live work in August 2000:

4.
Electricity Pricing in 2002

In January 2002, Victorian residential power consumers will be able choose their own electricity retailer. This is one of the final steps in the deregulation of the electricity industry that commenced in the 1990s and is called contestability.

The aims of contestability are supposed to:

• Provide customers with a choice of electricity retailers and the ability to negotiate energy contracts
• Provide electricity retailers with free access to transmission and distribution networks
• Provide a fair legislative and regulatory framework for the entrance of new participants into electricity generation or retail supply.

Time will tell whether or not these objectives have been met. If the communications industry is any guide, then consumers can expect a lot of "start-up" companies, with many going out of business quickly, One-Tel style.

The pitfalls for consumers are great: the price of electricity will fluctuate on a daily basis and many consumers could find the cost varying over the summer or other high demand periods. This will result in higher electricity charges. The Office of Regulator General is currently reviewing electricity prices and it is expected that there may be a >10% price increase in Victoria. This may be offset if you lock in a long-term supply contract with a retailer. However, these long-term contracts may have price escalation clauses in the event of high demand periods.

If, on the other hand, you stay with your current supplier, its contract may also have escalation clauses built in. Consumers in rural areas will be hit hard by this system.

The Victorian State Government claims that the system will be up and running in January 2002. Many in the industry don't believe that this is possible due to technical constraints. The Queensland Government has decided against full contestability being extended to residential consumers.

Several Melbourne municipal councils have decided to become electricity retailers to offer discounts to ratepayers. The Victorian Trades Hall Council is currently evaluating proposals received from various retailers. The VTHC will be in a position to comment on proposals when the evaluation is complete.

The price of power is about to become a commodity like petrol. It will continue to rise in cost like petrol, drop back a little and then rise again: two price rises forward and one backwards but forever rising out of step with other goods. To complicate the matter, the collapse of the American Enron corporation who provide hedge pricing in the market for retailers will cause increased costs.

Members are advised not to enter retail contracts until more is known about the full costs involved.

5.
IMF Congress

Delegates from over 30 thirty international engineering unions including the ETU attended the International Metalworkers Federation (IMF) congress in Sydney between November 10-14.

Countries as diverse as Sri Lanka, Estonia, Chile, USA and Canada were represented. The theme of the Congress was the impact of globalisation on workers worldwide. Reports were received at the congress about the difficulties faced by organised labour in a number of countries including Turkey and Colombia.

The Congress provided an opportunity for unions to discuss and exchange views on companies that operated globally. Ford, for instance, has been subject to international action as a result of disputes in Brazil.

Our very own BHP Billiton came into criticism from workers in Peru and Mozambique for the way in which the company has conducted itself in recent times. Hundreds of Mozambican workers involved in a strike there have been sacked.

ETU National Secretary, Peter Tighe, addressed a rally of workers who demonstrated on the streets of Sydney about the issues faced by workers in a globilising world.

6.
Public Liability Claims

Eugene Arocca, from ETU legal advisers Maurice Blackburn Cashman, outlines the right to claim for injury or death in what are known as occupiers or public liability claims. These claims are based on proving that the injury or death resulted from the negligence of another party.

"There are countless situations where accidents occur as a result of the negligent conduct of the occupier of premises.

"The law will permit recovery of compensation by way of damages for pain and suffering, loss of income, medical and related costs and in the case of death, loss of dependency (i.e. income). The law of occupiers / public liability applies to both public and private property. The property does not have to be a building or land and can include planes and boats. In addition, if injury or death is caused by a defective product, the law will permit recovery of compensation pursuant to both the common law or the Trade Practices Act."

Members can access more in depth information from http://www.mauriceblackburncashman.com.au/publicliability.htm

It is important that members get proper advice as soon as possible. Maurice Blackburn Cashman has an experienced occupiers liability team which can help achieve fair compensation.

Maurice Blackburn Cashman can be contacted on 03 9605 2700.

7.
Monster Deals on Pentiums - For a Limited Time Only

Virtual Communities and IBM have put together a deal for Union members on a limited number of IBM computers with Pentium processors.

This means that Virtual Communities is upgrading its standard computer package to include an Intel Pentium III processor and more, with no increase in price.

Virtual Communities is also changing its top of the range offer to include an Intel Pentium 4 processor and MS Windows XP Home operating system, also with no increase in price.

New IBM Pentium III
with CD Burner
l Intel Pentium III 866 Mhz Processor
l 128 MB RAM
l 20GB Hard Disk Drive
l 15" Monitor
l Comprehensive software
$14.99* PER WEEK
or $2,299 outright

New IBM Pentium 4
with Windows XP
l Intel Pentium 4 1.5 Ghz Processor
l 128 MB RAM
l 20GB Hard Disk Drive
l 17" Monitor
l Microsoft Works Suite 2000
$20.75* PER WEEK
or $2,899 outright PLUS Both Pentium packages include
3 COMPUTER DEALS FOR MEMBERS

All prices were correct at time of printing and subject to change. Prices quoted are weekly equivalents and are paid fortnightly. All prices are inclusive of GST. $80 application fee payable with finance option.

Contract period is 3.5 years, interest rate is 9.25%. If financed, total outlay on Pentium III package is $2,728.18. Pentium 4 is $3,776.50. Prices and products subject to availability.

CALL VIRTUAL COMMUNITIES ON 131 789 or visit www.virtualcommunities.com.au

8.
Is your employer complying with the EBA?

A 2nd year apprentice member, who had just started a new job, contacted ETU compliance officer Chris Ferruccio in mid August with a query. He had just opened his first pay packet and could not understand where all the money had come from. Chris explained that as the company he worked for had a 2000 EBA, he was paid a good rate and when he worked overtime he really raked it in. The member said, "But at the last company I never got paid overtime!"

After a bit of checking, Chris found out that the ex-employer, (Chris calls them "SCREW") not only never complied with the Award but they also had a 1997 EBA that they never applied. Since they "insisted" our member work every Saturday, most Sundays and public holidays, with no RDOs, the claim for our member was quite substantial.

After a lot of letters and cancelled meetings, the Union and employer ended up before the Commission.

The Commissioner was flabbergasted that "SCREW" had never complied with the Award or the EBA, and upon hearing the defence of "We didn't work on union sites", "I'm poor" and "I didn't read what I was signing", proceeded to tell & SCREW" exactly what their responsibilities as a company were.

Now we have a very happy member who got a lot of money back-paid, and a company who now realises that when you sign an EBA you must apply it.

In another case, a labour hire company just recently tried to convince Chris that, as their employees were "on-hired" to other clients, the Union had no right to expect them to pay the rates and conditions under the signed 2000 EBA. Although they told Chris that they did not even have to show him employer documents, he eventually obtained them.

What he discovered was that employees who were paid Super into SUPER FUND A got the minimum 8%, as per the EBA and the Government Superannuation Guarantee, but those who were paid Super into SUPER FUND B only got $10.00 dollars per day worked, well below the EBA and Government Superannuation Guarantee.

Chris also discovered that some employees were paid well below the EBA, and the company was not paying Severance or Income Protection correctly.

The company is now trying their hardest to comply with all of their legal responsibilities. If you are unsure that your money is finding its way to your severance or super fund, call Chris Ferruccio at the ETU on 03 8341 5555.

9.
Contracting Mass Meeting

Members working under the contracting and communications award are to attend a mass meeting on December 13. This includes those working under labour hire agreements.

This meeting will address a number of issues of concern to members, including the Royal Commission.

Details are as follows:

Parking: There is no on-site parking, but there are trams on Victoria Parade and parking stations at Wilsons Parking at the Eye and Ear Hospital, 410 Albert Street, East Melbourne.

10.
Christmas Shut Down

Members working on commercial building sites will this year enjoy a Christmas shut down from December 20 till January 14.

Members working on shopping centre construction will have an additional day for the full 36-hour week and will come back to work on January 15.

The last day of work will be Thursday December 20.

Friday December 21 is an RDO and Monday December 24 will be Annual leave.

Tuesday is Christmas Day, Wednesday is Boxing Day.

Thursday December 27 and Friday 28 are Annual leave days.

Monday December 31 is an Annual leave day.

Tuesday is New Years Day.

Wednesday January 2 - Friday January 4 are Annual leave days.

Monday January 7 - Friday 11 are Annual leave days.

Monday January 14 is a 36-hour RDO on shopping centre sites

That is a total of 3 public holidays, 1 RDO, and 12 Annual Leave days.

Enjoy the break.

11.
ALERT - Testing and Tagging

Recently a worker was injured when he came into contact with a damaged cord on a radio.

All electrical equipment on construction sites including radios and battery chargers are required to be electrically inspected, tested and tagged to the requirements of Australian / New Zealand Standard, AS/NZS 3760 In service safety inspection and testing of electrical equipment.

On construction sites, all equipment will be inspected to the time frames specified in AS/NZS 3012 Electrical installations - building and demolition sites.

Other OH&S alerts are published on the ETU website here

12.
Power Distribution EBA

Members working in the power distribution companies and their contractors are currently in the process of renewing their Enterprise Agreements.

Shop Stewards have met and determined a log of claims, which has been endorsed by the membership in those areas.

Current agreements expire on December 31, 2001 and replacement agreements should be in place by mid-January if the industry is to avoid a protracted industrial dispute during the summer months.