[Muanet] Victory for AMWU workers at Total Corrosion Control

[Chris Latham]

Dear Members
This Thursday 40 members of the Australian Manufacturing Workers Union
were due to appear in court to face civil suits brought by their
employer Total Corrosion Control over alleged unlawful industrial
action. Last Thursday TCC backed down and withdrew its case. Below is an
article written by the editor of the MUA's Maritime Worker for Green
Left Weekly.
Chris

Victory for TCC workers
Sam Wainwright, Perth 
Forty workers known as the TCC 40 and their union, who were being sued
by Total Corrosion Control under the Howard government's new anti-worker
laws, claimed victory on September 21 when the company advised the
Australian Manufacturing Workers Union (AMWU) that it was withdrawing
its case in the Federal Court. 
The workers, who are expanding Alcoa's Pinjarra refinery, were being
sued for up to $28,600 each, and the union was being sued for $110,000
plus unspecified damages, over an alleged case of illegal industrial
action. The action arose out of a dispute over the company's decision to
stop paying construction rates of pay ahead of other contractors working
on the project. 
Garry Graham, a shop steward for the TCC workers, told Green Left
Weekly: "It was a weight lifted off everyone's shoulders. We just felt
we'd never backed down and stood together, and we are proud of
ourselves, the union and everyone else who was involved ... The first
thing a lot of blokes felt was that they couldn't wait to tell their
wives, because it's been a weight on their families too." 
AMWU organiser Will Tracey believes TCC backed down for four
interrelated reasons: its own legal advice; the collective strength and
discipline of the TCC 40; growing support for the workers in their
industry and the wider community; and the company's realisation that it
was carrying all the risk in a campaign that may not have served its
short-term interests. 
Tracey explained that WA's mineral export boom means there are huge
profits to be made by heavy engineering companies. "I think TCC have got
some bad advice and were putting themselves on the line for a campaign
being run by the Chamber of Commerce and Industry that could have
affected their work everywhere else." 
In contrast, the 107 Perth construction workers also being sued in the
Federal Court are being pursued directly by the government's
union-busting Australian Building and Construction Commission. It stands
above the interests of any one employer so can pursue a prosecution in a
situation where an individual boss might decide it was not in their
immediate business interests to do so. 
TCC must have had an inkling that it was about to confront a storm of
community outrage. A public protest was planned for the first court
hearing on September 28, and the recently formed Mandurah-Pinjarra Union
and Community Solidarity group has been getting 40-60 people to its
meetings and was planning to picket the company's offices. 
While the TCC workers are hoping for a more consultative relationship
with the company, Graham insisted that they would not back down from
defending their work conditions. "If there's something not right, we
will take action ... The company might have thought they could use this
as a scare tactic, but we're not going to cop that." 
Graham emphasised the need to swing the momentum behind the 107, who
next face court on November 1: "We haven't forgotten about them and
we'll be there to show our strongest support." 
Commenting on the positive precedent they have set, Graham added, "If
this happens to any worker, if your employer takes this path, you have
to stick together and stay strong. That way you'll build the support of
other workers and the community because all Australian workers hate
these laws. We've just got to believe in ourselves, be honest and go for
it all the way." 
>From Green Left Weekly, September 27, 2006. 

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