John Passant, thanks for this interesting article.

What's the betting that Washington experiences a Clarrie O'Shea moment? The lookalike Rudd Government won't want any embarrassment from this.

If I am at work and I leave with everyone else at work to attend a BBQ during work hour, most of us will receive councilling or be fire

It is time the Unions join the real world

Building time have been slashed by on average 30% in NSW, since union can no longer hold up work. This is good for builders, it is good for home/office buyer, it is good for society

Yeah, I've got to agree with dovif2 on this one: my employer cannot come in to the client site and just take people out for lunch. It has to be negotiated timewise (read: booked in advance), must be done in a way which doesn't impact the delivery of what we're there to do. and the client needs to be managed.

If unions want to throw a BBQ, that's fine. But it shouldn't be done in a way which disrupts what the building company is trying to achieve. Book it in advance, let everyone (including the client) know what's happening and manage the situation.

If they don't do that and someone get's thrown in gaol, then so be it. They'll get no sympathy from me.

dovif2 & BN

Have you missed the point? Six months gaol for holding a stop-work meeting seems excessive to me and a throwback to an era of master/servant relationships long ago rejected by civilised societies. You don't think you're out of kilter with contemporary thinking on industrial relations? Even in 'the real world' where negotiation between workers and the bosses produces better bottom lines?

By the way dovif2, where can we verify your claim that building time has been slashed by on average 30% in NSW? You will document that, won't you? And show the causal relationship between the two events?

First, Dovif2 and BN, this was a BBQ in the lunch hour - since when has it been a problem to go to lunch? Next the scale of the punishment is immense in comparison with the supposed crime. These laws, like the anti terrorism ones, are much worse than the things they are supposed to protect us from. There is no way we currently live in a free democracy. It is time for Rudd and his minions to change these repressive laws or we might as well be living in a third world dictatorship.

From both the union movement and the ALP I had hopes we could see an end to this law.
I can never convince anti union or just the uniformed that this is wrong.
I do not ever claim some in the movement, even now, act in a silly thugs and mugs way.
In fact some bought workchoices down on us all.
But this is not about a bar b q.
It is quite true the thugs and mugs here are those charged with policing the industry.
That refusing to answer questions about mates will send a man to prison.
That once charged and found guilty no other way exists.
Julia Gillard came from a union lawyer background.
She came from the left faction.
Yet she seems to have taken a seat that lets her forget her past.
I do not want lawlessness in the industry, but do not fuel this fire, do not send this man to prison.
The federal Labor party front bench should settle in and watch the impending train wreck in NSW local government elections next month.
Then remember those who man the polling booths in NSW come federal election time , will not be there for the state election.
The party has distanced itself from its membership and the union movement.
Tell the 19 year old man on a major construction site I see today he is right to be a low paid[$9] an hour cheap worker alongside a man 4 months older on $24 and hour doing the same work.
Unions are if fair dinkum, looking only for a fair go the building industry task group little more than madness.

In defense of the trade union movement I will expand on that 19 year old.
He is a trainee, used as a laborer just as much as any other.
His award, shame on us all, is $9.60 an hour.
He gets an over award payment of $3 an hour.
His workmates get $12.60 an hour plus an over award payment of $5 an hour.
Ordinary time $12.6 and $18.60
On overtime only the award was paid $9.60 and $12.60
Time and one half?
no more than single time!
Double time?
$19.20 and $25.20.
Not a shonky firm one of our premium ones!
Such is the daily work of unions not war just a request for fairness.
these people now get proper loaded rates on overtime only because of union action.
this very day it will be made clear a 19 year old can serve his country and vote ,that working side by side do exactly the same for that wage is unfair.
yet some still think unions only go on strike?
No threats no stop work meetings just sit down and ask his boss for a fair go mate.
He will get it most but not all see the wrongness of this.

Belly that is interesting. Not even a 'living' wage.

What is ironic is that it is exactly this type of behaviour as outlined in the article, that led to the establishment and growth of the union movement. The only thing that will obviate the need for unions is fair treatment, safe working conditions and fair wages. And dare I say it, some innovative development that would see consultation (inclusion)of 'labour' in aspects of corporate decision making.

When will business and governments work out that 'inclusion' rather than alienation has the potential to be the most powerful tool in business.

Don't see that happening anytime soon. Unions need to be smarter and get their collective acts together too.

Still waiting to see if Labor keeps to their election promise to roll back WorkChoices and exactly what it is that they propose as a replacement.

pelican in my personal opinion, you are quite right.
The youth I highlighted is one of 4, we must never except such unfairness.
Unions however are not dead.
I am full of hope that younger leadership, bright and focused will lead some unions to the new direction that is needed.
Constant change is constant improvement.
However some do not understand change just has to come, more change for some unions than others.
I remain interested in current IR directions both state and federal.
Like it or not without changed direction and leadership NSW is headed for many years of conservative government.
The effect that may have on federal government IR policy's will be interesting.
No evidence exists that this unionist even swore, he seems to have committed no crime, yet he is likely to be sent to prison?
Human rights?
If he was anyone other than who he is this country would be up in arms at the stupidity of this.
Julia 10 years ago you would have been his lawyer, please do not light this fire.

The CFMEU website for more information on Noel Washington and the campaign against the ABCC (as well as a range of other union issues) is:

http://www.cfmeu.asn.au/

There is NO POSSIBLE justification for the existence of such unbelievably draconian laws. And no justification for the current government to have not already repealed them.

Howard may be gone, but parts of his putrid legacy linger on.

I am concerned that the ABCC with it's unbelievably SS-like powers has been retained to use as a bludgeon against what is one of the most active sectors of trade unionism, in anticipation of mass retalitation against more than a decade of supression.

These laws have no place in a supposedly free country and I am disturbed that they have not already been consigned to the dustbin of history.

I understand that the ACT ALP conference a weekend or two ago unanimously called on Rudd and Gillard to abolish the ABCC immediately.

I have been told the vote for the motion included 3 sitting Federal MPs, Annette Ellis, Bob McMullan and Kate Lundy.

I wonder if they will do anything about it? Maybe worthwhile for some budding journalist out there to pursue. I might chase it up myself.

Thanks for the article. I knew the ABCC was evil but I had no idea how bad. I voted for Rudd to abolish Workchoices and I am still waiting.

Billie

My take is that Rudd is keeping about 95% of workchoices, while giving the impression he is abolishing it.

One of my previous articles addresses that. Or it might have been in a local Canberra giveaway called City News. (2 articles in City News in fact, one around 10 July and one around 28 February. The Australian printed part of the 28 Feb article in late March under the heading left falling out of love with Labor,(or some such) and had a companion extract from Rundle.)

Gday passy nice to see another unionist standing up for a fair go.
I am from another one but this is infamous.
Already a national firm is warning its workers if they leave work, do not come to work, on Friday they will be reported to the ABBC!
I think Julia must understand a trend has stated, NSW Labor is handing office to conservatives for a great many years.
Not an ice blocks chance in hell of this team winning.
If Labor federally sends this man to prison?
Right now we are in the calm before the storm send this bloke to prison and we are no longer a true ALP no freedom to run riot just fairness Mr Rudd.

According to this media release the Rudd Government is looking to abolish the ABCC by 2010:
www.mbawa.com/getfile.aspx?Type=document&ID=9468&ObjectType=3&ObjectID=1709

It is a PDF file so I hope the link works.

We can hope that continued pressure from Business Groups will not see this much needed reform put in the too hard basket.

Pelican yes Rudd intends to get rid of it in 2010.
In fact that is the year most IR reform comes into play.
But this Friday, far too likely a unionist is likely to be sent to prison.
For what great crime?
Would we stand idle if it was anyone else?
Sent to prison for a very minor crime, if any at all?
On that day car thief's will be sent home with a bond ,many the second or third one.
This is not about some phantom evil unionist.
It must be confronted the ALP won an election on its different IR policy.
Right now the power house of the party has its back turned on its own rank and file in NSW.
No way around it, without near instant change NSW is a graveyard for Labor.
Next week? if a unionist is sent to prison for such?
Human rights are no less under threat on this issue than in any country in the world, next weeks headlines are yet to be written but may signal more pain for the party.

My understanding was that the HowRuddistas are not going to abolish the ABCC but roll its functions from 1 January 2010 into Work Fair Australia. Changing its name is not abolition.

And to pelican I can only say that the rate of deaths and injuries has gone up on building sites since the ABCC and Rudd's laws (inherited from Howard) began stopping unions organising on building sites to protect and improve safety standards.

What do a few more lives matter when there's profit to be made?

Passy I am in agreement with you and Belly on this one - sorry if that was not clear in the wording.

Not sure why Rudd is waiting until 2010 to rollback this particularly insidious Howard invention.

What does it take to make a government sit up and take responsibility for human lives and the wellbeing of workers, particularly those who work in potentially dangerous jobs.

One thing that is worrying is already the Rudd goverment is kowtowing to big business so I am not holding out much hope for any true reform. The nonsense that is peddled out by business lobby groups that the sky will fall in with the loss of WorkChoices(WC) makes you wonder how we all got along so well prior to WC, a period of little industrial action or problems. The system wasn't broke and certainly did not need fixing.

Friday is now a non event.
The case will be adjourned.
No one will be sent to prison this weekend.
That has not stopped one of this country's biggest construction firms threatening its workers.
Not in any way known to be wise the same man who threatened to sack workers who refused to work nine straight rostered days gave this gem.
Those who take action[ he said unions intended to strike this Friday? a lie!]
Will be reported to the ABBC!
As he said those who take a sickie will be!
Gentlemen IF the ABBC knew[ maybe they do?] any of us, IF they wanted to question us about this thread.
And we would not answer , we could be sent to prison too.
Kevin Rudd may do well to consider this, NSW can be considered a conservative state for many years, can he afford to ignore this impending crime against workers?
The impacts of Labors lurch away from unions in NSW is far reaching and long term.

Sorry pelican

I thought you were referring to the ABCC as a much needed reform. My profund apologies for misinterpreting you.

ButI do think we need to be clear about what Labor is doing. 1 January 2010 is not the date of abolition of the ABCC but the day its functions (and functionaries?) are rolled into Work Fair Australia. So the ABCC will continue. As I have written elsewhere, putting the attack dog in a new home is not abolition.

And yes, the case was adjourned, which is why I didn't specifically refer to 8 August (did I?). The principle is the important issue, and Noel will be in court soon enough, with six months jail hanging over his head.

Yes Passy he will be.
And under the current laws he will be sent to prison.
On that day workers should remember those who came before the unionists who did suffer so we could have todays wages and conditions.
They may well have to fight just as hard to recapture them, if Labor sends a worker to prison for so very little.
The love in last week in NSW is not prof every thing will be ok Labor has a long stay on the back bench's coming in NSW.
Rudd must understand cutting parts of our own body is not working.