The Guardian 28 February, 2007
Twist in "Mandurah 107" battle
There was a surprise development in the Federal Court in Perth last week when the presiding judge asked construction worker Paul Ruiz to reconsider his plea of guilty to a charge of engaging in illegal industrial action. Ruiz and another worker had been persuaded by the Australian Building and Construction Commission (ABCC) to plead guilty in exchange for undertakings that they would not face any further charges relating to the notorious case against the 107 workers from the Mandurah rail project.
Saturday, February 24, was the first anniversary of the industrial dispute which saw Howard’s new WorkChoices legislation brought down on workers who were seeking the reinstatement of their union delegate. The delegate had been trying to have a number of pressing safety issues, including procedures for inclement weather, dealt with by project contractors.
The Mandurah workers’ case will be heard in October or November. Most observers believe the Howard government will try to downplay the extremely important trial to avoid it becoming an election issue.
Last week’s developments in court must have shaken the confidence of the ABCC’s lawyers. The other breakaway worker is due in court in two weeks and it seems likely that neither of the workers will be found guilty of taking illegal industrial action. In the case of Paul Ruiz, the judge could not see how the worker had opted to engage in industrial action.
The union’s position has not changed; it has turned to the workers themselves. There have been meetings on several construction sites where the membership has been asked to support the accused workers in this critical case. Members are contributing to the 107’s legal bill by paying a weekly levy.
The Howard Government knows that the only way to break the union is financially. On many construction jobs it has been business as usual as union officials continue to visit sites and represent their members. This is despite calls from the ABCC to the police who have threatened union officials with charges of trespass at a number of key Perth construction sites.
The CFMEU is currently running a raffle to support the 107. Should readers require tickets, they can get them by phoning in the union office in WA (08) 92211055 and pay by credit card.