Child Labour Tradegy 06- 29 - 06

"An injury to one is an injury to all"
Members of the Congress of South African Trade Unions today picketed outside the offices of BHP Billiton, in Johannesburg, in solidarity with the trade unions of Australia, who are fighting government attempts to implement draconian new labour laws.
Since the elections in 1996, the Australian right-wing Government under Prime Minister Howard has used every opportunity to attack the hard-won labour rights for the workers of Australia. The workers of Australia had been treated with respect until the reactionary Howard administration assumed office. In a few years in office John Howard has brutally changed every piece of labour legislation that protected the Australian Workers.

Every aspect of the ILO convention has been violated!

q In Australia there is no longer freedom of association

q Workers are not allowed to organise and join trade unions of their choice.

q Union Leaders and members alike are targeted, harassed and arrested without trial.

q Shop stewards who represent workers during disputes are subjected to a fine amounting to $6000.

q Employers can now retrench workers without consulting with unions.

q The right to a severance package during retrenchments has been removed

q Collective agreements between companies and unions/workers have been abolished.

q All sympathy action, even in support of lawful industrial action is prohibited;

These are the very same workers who were with us during the dark and painful days of Apartheid. They did not hesitate to take to the street so that South African Workers may be free. Therefore, we cannot fold our arms when the Howard Government treats our Australian brothers and sisters like subhuman beings. Let us give meaning to our universal slogan:

"Workers of the world unite you have nothing to lose but your chains"

The following memorandum was handed to Mr Albert De Beers, Group Manager, Energy Coal, which is part of BHP Billiton.

Dear Mr De Beers

Memorandum

Workers' interests in Australia are being increasingly undermined. The right-wing government has now become a serial offender against the principles that sit at the heart of the International Labour Organisation's Core Labour Standards. Unions internationally, and global union federations, have been forced to embark on a campaign of mass solidarity to assist Australian workers to counter this offensive threat.

In 1996 the Australian working class suffered a major setback when a conservative government won the elections. Since then, there have been major reversals to the moderate gains won by workers during the many years of a more centrist labour party government.

In particular COSATU notes with deep concern that the passage of the Workplace Relations Amendment (Work Choices) Act 2005 has substantially exacerbated Australia's longstanding failure to comply with its obligations under ILO Conventions 87 (Freedom of Association and Protection of the Right to Organize) and 98 (Right to Organize and Collective Bargaining).

We are concerned about Australian compliance with Convention 87 which is centred on the right to strike, an integral corollary of the right to bargain collectively. In particular, COSATU has been critical of the Australian law in the following respects:

Industrial action cannot be taken in support of multi-employer agreements;
The matters which may be the objectives of industrial action are restricted and do not extend to claims for strike pay;
All sympathy action, even in support of lawful industrial action, is prohibited.
Key to the conservative Australian government's strategy is the downward variation in workers' conditions of employment. As from 1 July 2006, radical changes to the labour laws will take place. For example, a company in Australia can impose the same individual contracts company-wide to all its employees, with no negotiations. It can strip away established conditions, including penalty rates, shift allowances, overtime rates, certainty of hours and protection for established conditions. It can waive the threat of dismissal over their heads if they don't sign. Some of these changes will include;

Abolishing a requirement that employers should consult unions/workers about retrenchments;
Abolishing the unfair dismissals law for employees working in businesses with less than 100 people. This will affect four million workers
Introducing individual contracts and attempting to abolish collective agreements between companies and unions/workers
Removing the right to a severance package during retrenchments
It is shocking that union activity is being criminalised and union members attempting to bargain for unfair dismissal-activists are being sacked wilfully. Although they may be given other reasons for dismissal, we know now that when union members agitate for a collective agreement or stand up against unsafe practices they are increasingly targeted.

In Australia today, industrial lawlessness on the part of the employers is rampant. These laws are not fair or just. They not only fail the test of ILO standards, they are an assault against the working people of Australia and they are not a legacy we will leave to the working class of the future.

We submit that the Australian Government's wilful refusal to address the concerns of the working people and the failure to adhere to its obligations under Convention 87 and 98 and its contemptuous flouting of these standards in its latest legislation deserves the strongest possible condemnation by the workers of the world and the ILO.