The Howard government's Royal Commission into the Building Industry says it intends to call ETU State Secretary Dean Mighell to the witness stand on Wednesday February 6.

A rally will commence in the City Square on the corner of Collins and Swanston Streets at 9:00 am. Members are urged to attend.

2.
Member Benefits Programme

The ETU Member Benefits page is now up and running. The page will indicate products and services available at discount rates to ETU Southern States members.

Many other providers will be coming on board to offer new products at discount rates. Members will be informed in the next ETU News magazine about the full range.

eTU online will feature a product or service each month. Members should regularly check the site for updates.

3.
Shop Stewards Course

Marilyn Jervis, from the ETU National office, regularly conducts Shop Steward training at the ETU Melbourne office. Typically, enteprise agreements provide paid leave for stewards to undertake this training. The shop stewards are the vital link between the union office and membership.

"It doesn't matter if you have been doing the job for years or were elected just last week, attending a Shop Stewards training course will provide you with an opportunity to gain skills, share experiences and form networks with other steward's" says Marilyn.

The next Level 1 shop stewards course will be conducted at the ETU Melbourne office from 19th - 22nd February 2002.

Shop Stewards will need to book a place with Mary on 03 8341 5555 or mary@etu.asn.au

4.
Long Term Member Retires

On January 11, Mike McKeon retired from his position as maintenance electrician after 22 years with Monash University at Clayton. During that time he has been an active union member, including a period as shop steward.

Mike joined the ETU in 1960 and has been a member since that time, working in various places as well as taking time out to sail around the Pacific Ocean.

He has a keen interest in sailing and has built a boat in his spare time, which isn't a lot since his other interest is music, particularly big band music. He heads up a band called the Mike McKeon "Lets Dance" Big Band and they play at various venues and functions around Melbourne. He also presents a music show on 3CR Community Radio.

Over the years, Mike has had a passionate interest in pedal power and is a great proponent of the bike as a form of personal transport.

The Union wishes him well in his retirement and would like to thank him for his contribution over the years. Mike has been awarded an honorary membership of the Union for that contribution.

Check Mikes website www.alphalink.com.au/~mmckeon/intro.htm

5.
All About Workcover For Workers

Worksafe Victoria has released a new manual for Victorian workers that provides them with a comprehensive guide to making the workplace safe, entitlement to compensation, Workcoverbenefits, returning to work, Workcover rehabilitation and compensation disputes.

Each workplace and OH&S represenative should have a copy of this guide.

The guide is available for members through Melbourne and regional offices, your organiser or by e-mailing janet@etu.asn.au

It is also available from the Victorian Workcover Authority, Level 24, 222 Exhibition Street MELBOURNE 3000 PHONE 03 9641 1555 or www.workcover.vic.gov.au

6.
Tenix nine day fortnight dispute

Commissioner Hingley recently handed down a decision which ensured that the members employed by shipbuilder Tenix retained their 9 day fortnight arrangements. The current agreement has an appendix to it which is in the form of a calendar.

The calendar marks of all the 9 day fortnight RDOs, public holidays, and Easter and Christmas closedowns (these incorporate public holidays, annual leave and RDOs).

Tenix attempted to argue that the calendar was uncertain and ambiguous in that they did not intend that by making the calendar form part of the agreement that they would have to comply with it. Commissioner Hingley found that the calendar was very clear and that Tenix would have to comply with their obligations in providing the 9 day fortnight and could not move to a nineteen day work cycle at least for the life of the current agreement.

Tenix have appealed the decision - a case of sour grapes and not abiding by the umpire's decision. The appeal date has not been listed yet, but stay tuned for more of 'When is an agreement not an agreement?"

7.
Security of Payment Legislation

Security of payment legislation in Victoria came a step closer on January 17 when acting state premier John Thwaites announced that the Victorian government Security of Payment legislation would be introduced in the next session of Parliament.

It is aimed at protecting contractors, subcontractors and building consultants from shouldering the burden of bad debts.

"Instances of small businesses and companies failing due to larger companies refusing to pay or having cash flow problems are common within the industry," Mr Thwaites said.

"Payment difficulties pose a major threat to the viability of many smaller contractors and subcontractors and cost millions each year in lost productivity, wages, profit and insolvencies, as well as delays and anxiety for consumers."

Mr Thwaites was joined by construction workers for the announcement, including an electrical sub-contractor from Narre Warren who was left $7000 out of pocket after installing an air-conditioning system.

Other measures in the new legislation include allowing contractors to suspend work in the event of non-payment and making periodic payments a feature of every contract. The legislation is based on similar principles to security of legislation introduced by the NSW government in early 2000.

ETU State Secretary, Dean Mighell said that "Security of Payment legislation brings justice for sub-contractors and contractors who have been ripped off by not getting paid for work done."

"Our members never accepted that not getting paid for work done was some sort of occupational hazard within the building industry and ETU members have fought hard to have effective legislation introduced to outlaw this outrageous practice," Dean said.

"The Kennett Government shirked the issue and allowed non-payment, part payment and slow payment practices to become entrenched in the industry leaving subbies and contractors with no legislative right of redress and only the option of expensive and time consuming legal action."

He said the ETU had lobbied the ALP when in Opposition to tackle the security of payment issue.

"The Bracks Government Task Force recognised that unscrupulous builders and clients - many of them repeat offenders - were using the existing system to steal thousands of dollars in labour and materials from subbies and contractors and threaten their livelihoods."

"The implementation of the recommendations of the Robinson Report will for the first time allow contractors and sub-contractors to operate in the confidence of knowing they will be paid for the work they do. The recommendations are good news for ETU self-employed and small electrical and communications contractors and will benefit consumers and the industry as a whole."

The Taskforce Report acknowledged that no single masterstroke would immediately eliminate this problem and the recommendations will attack the problem in both the short and longer terms.

"The Government, employers and industry associations joined unions in supporting the core recommendations. These include banning "paid if" and "paid when" clauses in contracts, instituting monthly periodic payments, allowing suspension of work in the case on non payment and establishing a periodic payment dispute resolution process, " Dean said.

The ETU will be an active participant in the working group to look at the taskforce's broader recommendations and will be lobbying strongly for tougher penalties for offenders including expulsion, stricter registration of practitioners, and establishment of subsidised skills training in the industry.

8.
Contracting EBA Rate Change

On March 1, thousands of members employed under the electrical contracting, labour hire and communications industry EBAs will receive wage increases. The new hourly rate will be $23.29 for grade 5 "E" Class ("A" Grade) electrician.

Members should contact their organiser if they do not receive the increase. Increases in allowances will flow in June 2002.

9.
Caretaker's Position at Trades Hall

The Trades Hall and Literary Institute is seeking a suitably qualified person to fill the position of Caretaker at Trades Hall, which has become vacant due to retirement.

This live-in position would suit a person of stable lifestyle with a longstanding commitment to the principles of trade unionism and social justice.

Hours:

• Minimum of 20 hours per week
• Starting and finishing times to be negotiated but including at least two hours per weeknight commencing 10.00 pm.
• Some weekend work would be necessary from time to time.

Duties:

• Lock up buildings each weeknight
• Respond to emergency calls
• Operate and monitor air-conditioning/heating systems
• Undertake minor maintenance/repairs as required
• Cleaning duties during cleaners' absence
• Monitor building security
• Assist with meeting room arrangements including setting up of audio visual equipment

Remuneration:

• Classification under the Building Services (Victoria) Award 1994 as Building Attendant Grade 2.
• Generous superannuation and long service leave.
• Covered by Victorian Trades Hall Council's Enterprise Bargaining Agreement.
• A two-bedroom caretaker's cottage located on the roof of Trades Hall and one carpark will be provided at no cost.

Commencement Date:

• Mid March 2002

Selection Criteria:

• Good oral and written communication
• Ability to liaise with tenants, tradespeople and union officials
• Broad understanding of mechanical appliances and processes
• Physical fitness· Ability to undertake minor repair and maintenance tasks
• Familiarity with audio-visual systems

Applications in writing including two referees by 28 February 2002 to:

The Building Manager
Trades Hall & Literary Institute
Trades Hall
54 Victoria Street
CARLTON 3053

10.
ETU 2002 Calendar

Members can get a copy of the wall-size "one month to a page" ETU 2002 Calendar from the Melbourne, Geelong or Hobart offices or by e-mailing janet@etu.asn.au to have a copy posted out to you

11.
Guide to OH&S Act 1985 Edition 7

Members who are Occupational Health and Safety representatives should contact Janet in the Melbourne office at janet@etu.asn.au to obtain the seventh edition of the "Guide to the (Victorian) Occupational Health and Safety Act".

"The guide gives clear explanations of the functional parts of the Act. It explains the major provisions of the Act and the principles which underpin them".

Copies can also be obtained directly from the Melbourne and Geelong offices.

12.
Construction Industry Basic Induction Training

Members working in the electrical and communications industry in Victoria should be aware that Construction Industry Basic Induction Training course is currently under way. The course is the result of an agreement between the Victorian Workcover Authority, the OCEI, construction unions and employer associations.

The objective of the course is to establish a credible and consistent basic instruction in Occupational Health and Safety matters as they pertain to construction sites and also applicable to domestic, industrial and maintenance sectors.

The course applies to all people who work on site in any capacity, other than emergency services personnel. Whilst not mandatory the agreement is recommended to employers in the industry as a means of meeting an elementary component of their obligations under the OH&S Act 1985.

It does not replace an employers duty to provide site specific, task or industry specific training.

Although the agreement is not binding on employers, those who do not participate in the industry induction course must be able to clearly demonstrate, where required by Workcover, that they have met their duty of care to employees to provide information, instruction and training appropriate to their work.

The cost to businesses that are registered and participating in the Protect Severance Scheme is $55.00 per participant. Those not registered with PROTECT is $110.00 per week.

Members should confirm that their employer has enrolled them in the course.

13.
Swinburne EBA

Members in the maintenance section of Swinburne University recently voted unanimously to accept a replacement EBA. The consolidated agreement will go before the Australian Industrial Relations Commission shortly for certification.

Members have recently been through a re-classification process as well and are happy with the outcome.

Swinburne is the last of the universities to implement the nine-day fortnight for maintenance workers.

14.
Yallourn EBA

The ETU, along with the AMWU and AWU, finally reached an agreement with Yallourn Energy. The Agreement was certified on Christmas Eve and moved Dean Mighell to dud the agreement as the "Summer of Love". The Agreement came at the end of a 3 year dispute with Yallourn Energy. The maintenance unions were looking down the barrel of contracting out of their functions, mass redundancies and a cap of 60 weeks on the pay outs. But on the back of some old-fashioned industrial action Yallourn's position changed.

Other unions seem to think so too. The ASU and the CFMEU have appealed the certification of the agreement. Theirs is a "if we can't have it, you can't have it either" position. Although these unions have sat back on awaited the outcome from the maintenance unions and now that our deal is greater than what they have been able to achieve they are seeking to threaten what our members have fought and won.

It is disappointing (Dean used stronger words) that other unions have taken this approach, which places in jeopardy the gains that the ETU has been able to achieve. The appeal date has not been listed yet.

Each month eTU online will highlight a web "site of the month". These sites will be of interest to members and unionists in general.

This month's site is Bosswatch, produced by the NSW Labour Council. Its objective is to make "the first concerted attempt by Australian unions to map our corporate landscape and track the linkages between our major employers."

"Today it's hard to know who your boss really is. Global capitalism has woven a complex web of corporate relationships; Australian firms are often answerable to huge international corporations who spend millions of dollars putting a positive spin on what they're doing."

"At the same time there is no alternative information to hold them accountable. Where this information exists it can be difficult and expensive to access."

The database is devoted to informing you who are the directors, shareholders and subsidiary companies behind your company. Members can scrutinize the database, searching by company, CEO and directors, and pages will indicate their annual wages including bonuses (hold on to your seat) and what other interests they may have. For example, the biggest shareholder in the Fosters Brewing Group is Chase Manhattan Nominees Ltd, with almost 20% of the company. The CEO is E T Kunkel who is on about $3,000,000.00 a year in fees and benefits. Members can ponder that when they're doing the next EBA.

Currently Bosswatch is in its infancy; it will grow and become a valuable resource for unionists wherever they are.

http://www.bosswatch.labor.net.au/