Howard's last minute attack on workers

The Howard Government made a last desperate attempt to trample 
workers' rights in what may be the final sitting of the current 
Parliament. While it was unable to get some of the worst aspects 
of the post-Cole Commission legislation passed, several 
regressive amendments to the Workplace Relations Act did get 
through the Senate with Democrat co-operation.

These include giving new powers to a beefed-up Building Industry 
Taskforce, a police-style watchdog ostensibly set up for the 
whole building industry but no doubt with its sights set on the 
activities of the Construction, Forestry, Mining and Energy Union 
(CFMEU).

The most draconian aspect of the legislation is that it removes 
the right of construction workers and union officials to refuse 
to answer questions.

"No other workers are subjected to this kind of law", said Phil 
Davey, media spokesperson for the CFMEU's NSW Construction 
Division.

"The Democrats sell themselves as a party for civil liberties, 
yet they have passed this legislation specifically targeting 
building workers and which denies them the right to not to answer 
questions which may be used to incriminate them."

The Task Force can also force people to hand over any documents 
requested. Refusal to co-operate may result in a fine of up to 
$6600 or a six-month jail sentence.

Other amendments passed by the Senate with Democrat support 
include the tripling of penalties under the Workplace Relations 
Act from the current maximum of $10,000 up to $33,000 for unions 
and from $2000 to $6000 for individuals.

Existing legislation which bars people from holding union office 
for five years if they have been jailed for certain criminal 
offences has now been amended to also include suspended 
sentences. This new rule may be used retrospectively to unseat 
current union officials.

A new "whistleblower" law protects bosses' stooges within 
workplaces and union staff who might leak information such as 
membership lists or bank records to the Task Force.

The Taskforce has been given these new powers despite the recent 
allegations that they have misused the ones they already have.

Only two weeks ago, during the Senate Committee hearings 
examining the Cole legislation, allegations surfaced that the 
Taskforce officers had offered an apprentice a bribe in exchange 
for information and, in a separate incident, had secretly taped 
witnesses.

Adding to its arsenal of anti-union weapons, the Howard 
Government — as a reward for their good work in the field of 
industrial relations — has appointed the head of the Office of 
Employment Advocate (OEA), Jonathan Hamberger, and Department of 
Workplace Relations deputy secretary John Lloyd, to the so-called 
independent umpire, the Australian Industrial Relations 
Commission.

The OEA is the chief agency responsible for promoting the 
Government's individual contracts, Australian Workplace 
Agreements (AWAs), at the expense of collective bargaining. Prior 
to heading the OEA Hamberger was an adviser to former union-
busting Industrial Relations Minister Peter Reith. Similarly, 
John Lloyd played a pivotal role in the Cole Royal Commission as 
well as previously helping dismantle Victoria's state industrial 
relations system as head of Jeff Kennett's employee relations 
department.

A scan of the current sitting members of the "independent umpire" 
reveals that only two out of 17 have a union background and only 
one is a woman.