Gippsland Trades & Labour Council Inc.

 
Employer Shame File
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Mechanical Engineering Services
48 Workers Locked Out

The Gippsland Trades and Labour Council Secretary, John Parker, has described the locking out of 48 workers for 3 months by Mechanical Engineering Services as un-Australian.
Mechanical Engineering Services came to the Latrobe Valley approximately 18 months ago and took over what was deemed to be the Skilled Engineering Yallourn Workshop. During the process they guaranteed to abide by the agreements that were in place. They guaranteed the entitlements of the workers and also agreed to work with the unions in a constructive manner to try and revitalise the workshop, which has been on the wane for several years through lack of investment. Since the company took over they have moved away from those commitments and have, on a number of occasions, tried take away the conditions in the existing agreement.
Instead of working with employees and unions, the company has intimidated workers and their shop steward.
The unions took the company to the Federal Court under the Workplace Relations Act. A settlement was reached based on anti-union actions that had not only been taken against organisers, but the shop stewards at their Kilsyth Factory.
In October of last year the company announced a restructure of the workplace. Part of the restructuring meant that the long-term members of the workgroup were outsourced or their jobs were gone. One worker, an electrician who had been working in these workshops for approximately 28 years, had his leading hand allowances taken away.
The members at the site went on strike for approximately 1 week because of the conduct of the company. That dispute was settled with the company. The unions indicated that they wished to talk to them prior to the expiry of the current agreement on the 31st of March about a replacement agreement.
On the 31st March the company put a letter on the notice board stating it was going to terminate the current agreement. The company deliberately avoided the unions in regards to negotiating an agreement so union members put forward a draft model to the workgroup. This approach did not work.
In June, July and August there were a number of Commission hearings resulting in the company terminating the agreement. However, they guaranteed the conditions of the workers on the site, based on the fact that within two weeks the union expected its members to sign a new agreement which was being drafted.
The draft agreement took away a number of important conditions from workers, including salary continuance or income protection.
It sought to take away rostered days off and give workers a small wage increase that was below current standards.
Members rejected the draft and the union sought to have talks with the company. Some of those talks were sponsored by the Australian Industrial Relations Commission to try to find a way forward to negotiate an agreement.
Finally, the company rejected the claims of the workforce and refused to budge. The workers instructed the union to move forward with a ballot to take protected action. The AMWU applied to the Commission to get an order to conduct a ballot and to put bans in place for overtime, temporary upgrades and temporary shift work.
The company continued to pressure workers to accept the company's draft agreement.
On the 12th September the company advised workers and the union that they would be locking them out for up to 3 months or until an agreement was reached or until the company advised them otherwise.
This was signed by Anthony Elliott, owner of the Elliott Group who is the employer of the locked out workers trading under the name of Mechanical Engineering Services.

 
Visy Board Pty Ltd 
Employees of Visy Board Coolaroo face disciplinary action for attending the national rally.
Following the Community of Day Protest Visy Board sent written warning letters to employees who attended the rally. The letters informed them that their attendance at the rally and:
“failure to remain at work for your entire shift amounts to unlawful industrial action and a breach of your contract of employment.”
The employees are all members of the AMWU. The AMWU representative onsite was informed that the only authorised attendance would be for a paid delegation. Workers who chose to attend were issued the letters three days after the rally.
The company told the workers, “Visy Board considers your defiance a serious issue for which disciplinary action should result.”
The letters of warning were placed on workers employment files and workers have been informed that if they “fail to attend the workplace again in similar circumstances” they may receive a final written warning.
The AMWU is urging Visy to reconsider their actions.

 
Australia Post
A number of workers at Australia Post face serious consequences for attending the November 15 Day of Protest, apparently following pressure on management from the government.
Australia Post are placing postal workers that they know attended the November 15 2005 Rally against Howard’s work laws during work time on a 3 month formal counselling. Sources from inside management indicate they are doing this because of government pressure.
A formal counselling is at the lower level of the employee counselling and discipline process. If it had been at the next level, “Warning Counselling”, it could be appealed through a s170LW (a procedure for preventing and settling disputes as ordained under the Workplace Relations Act 1996). This lower level does not have the same appeal rights.
As part of the formal counsellings, the postal workers will be subjected to another 4 reviews during these 3 months and then to a final assessment 6 months after the 3 months are up. The records are kept on their personnel files for 2 years after the final review.
This, of course, is a great waste of time and money for Australia Post. The record time for an interview so far is 90 minutes on overtime rates and the payment of a $14.50 Overtime Meal Allowance. Not one member we have accompanied to these interviews has said they regret going or that they won’t go to the next rally.
It is impossible to know how many counsellings have been conducted. It would seem there will be a couple of hundred this time in Victoria (Management engaged I the same behaviour after June 30). Some supervisors protected workers by not disclosing who went to the rally and some have even refused to “code” the protestors. Senior management however are refusing to even schedule the counsellings so they can be attended by organisers. Interviews have been suspended and organisers evicted on a few occasions.
Australia Post are even coding people who were sick on November 15, even though they have submitted doctors’ certificates. If these workers do not agree to an Australia Post company doctor ringing their doctor to determine the validity of their certificates, they are also receiving a formal counselling, Australia Post also threaten to dock their pay but have not done so yet. The union has sought arbitration on this matter of sick leave and it is listed for January 16, 2006, before Commissioner Foggo.
Even more bizarrely, Australia Post have “coded” 5 posties from Moonee Ponds Delivery Centre although their manager gave them permission to attend as a delegation instead of everyone going to the rally. They also docked their pay. This latter we are listing in the Magistrates Court.
This behaviour is being repeated in other States and the Divisional Office of the union (CEPU Postal Division) has also been asked to act.
 

 

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