By Sue Bolton
MELBOURNE — After two successful strikes and demonstrations, more actions are planned in the campaign against cuts to WorkCover. The Kennett government is planning to dramatically cut payments to injured workers; change the classification of injuries, making it more difficult for injured workers to claim compensation; and abolish the right of injured workers to use common law to sue employers.
An all-union demonstration and memorial for injured workers will be held in Mitcham on November 26, followed by a union delegate's meeting on December 3.
That the delegates' meeting is being held after the rally in Mitcham indicates Trades Hall Council's priorities. Many unionists think that opposition to the WorkCover cuts is so widespread that a consistent campaign by unions and community groups could force Kennett to abandon his legislation. For that reason, the delegates' meeting should be held sooner in order to plan an industrial campaign that builds on the momentum and draws more workers into the campaign.
The rally in Mitcham has rung alarm bells with some union activists who are worried that the campaign may get diverted into an ALP electoral campaign. Mitcham is the electorate of former government backbencher, Roger Pescott. Pescott resigned on November 11 in protest at the state government's attacks on the independence of the Auditor General, but he also mentioned opposition to the WorkCover cuts.
The by-election is on December 13. Opinion polls indicate a 15% swing against the government, and the likelihood of a Labor victory. While a rejection of the Liberal candidate would be a victory, sending a clear message of opposition to Kennett's austerity policies, it wouldn't be the same as defeating the WorkCover cuts.
The Construction, Forestry, Mining and Energy Union's construction division, along with other construction industry unions, has been campaigning against the WorkCover cuts since April, months before other unions joined the campaign.
The CFMEU has now moved into phase two of the campaign by serving claims on employers to make up for the government's cuts to compensation for injured workers. Claims, such as make-up pay for injured workers, will be included in the CFMEU's enterprise bargaining agreements.
While such claims are necessary, they do not negate the more urgent need for an all-union campaign to defeat the legislation. The CFMEU's claims will not protect workers in unorganised and weakly organised areas if the government's attack is not defeated.
Even for workers in strong areas such as the construction industry, there is danger, says Luke Van Der Muehlen, Latrobe Valley sub-branch secretary of the CFMEU energy division. "Every time they go for an enterprise bargaining agreement, there will be pressure to give away some working conditions in order to maintain the bosses' payments to injured workers."
The Metal Trades Federation of Unions, including the Electrical Trades Union (ETU) and the Australian Manufacturing Workers Union, has also served a claim on the metal trades employers. The claim is for full accident make-up pay for 52 weeks for injured workers and, if a worker is injured and makes a claim under the impairment table, that the employer make a lump-sum payment of three times what the worker would get under the impairment table. This would be to make up for Kennett's abolition of the right to sue under common law.
If the metal trades employers don't concede, the federation will consider calling a strike of all members to coincide with the delegates' meeting on December 3.
According to Dean Mighell, state secretary of the ETU, support is growing for a wider action than a delegates' meeting on December 3.
ETU members working on the railways are still planning to strike on November 25, despite the Public Transport Corporation's threat to sue the ETU under the Workplace Relations Act. The ETU and Trades Hall Council are arguing that the constitution guarantees the right to protest against political decisions, and therefore, workers have the right to strike against government policies without fear of being sued.
It is clear that the fight against the WorkCover cuts is not over. It will be important to use the delegates' meeting on December 3 to plan an ongoing campaign which could include things such as banning services and deliveries to state parliament, as well as all-out industrial action.
[Sue Bolton is secretary of the Democratic Socialist Party's Melbourne branch.]