COMMENT
BY MICK BULL
The position of the Victorian branch of the Construction, Forestry, Mining and Energy Union (CFMEU) on the question of illegal labour is rather simple in comparison to some of the other branches of the union.
The Victorian branch has an unwritten policy that the past background of building workers is of no real concern to the union. Whether he or she has a criminal record, whether they are reformed alcoholics or reformed drug users, or whether they are what the government classifies as illegal migrants, has no bearing on whether they are allowed to work in the Victorian building industry or not.
All we ask is that workers can do the work in a safe manner and follow the rules and conditions of the industry. We also insist that everybody be paid the correct rates of pay, according to the enterprise bargaining agreement that they are covered by.
So how does this work in practice? When an organiser of the union walks onto a site that we suspect may have people working on reduced rates of pay, we simply ask for a pay slip, check out their superannuation and redundancy benefits, and inspect the site for amenities and safety standards.
If the majority of workers are being paid cash in hand, then it is highly likely that none of the other issues will be up to scratch either.
In these cases we may call in WorkCover inspectors or our own safety officers. The site will often then be closed to productive work until these issues have been rectified. The odd remark mentioning the tax office, and reminding the employer of their legal obligations to pay superannuation, also have a certain effect.
Usually by this time, any of the legitimate sub-contractors would have left the site, and are busily working elsewhere. The builder is starting to either become very angry or a little grey around the edges.
With the job grinding to a standstill, builders usually see the error of their ways and agree to accept the union's assistance in locating all the problems.
After close scrutiny of the builder's financial books, all back pay is paid to the workers and all other entitlements are also backdated. If the builder does a runner, then the union simply approaches the developer.
After all the problems have been sorted out, all the workers who left the job are welcomed back, and the job continues on until completion.
Not a single person is questioned on their background, so there is no need for unsightly phone calls to the immigration department, the police department or even the tax department for that matter.
All in all, it is a union solution to an industry problem.
[Mick Bull is a member of Building Workers for Refugees, and an industrial organiser with the Victorian construction division of the CFMEU.]
From Green Left Weekly, December 11, 2002.
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