Sam Wainwright, Perth
On November 25, 300 workers employed by Leighton Contractors on the construction of the Perth to Mandurah railway won a significant victory in their fight for better night shift penalties.
Negotiations between the Construction, Forestry, Mining and Energy Union (CFMEU) and the company brought the breakthrough following a two-week strike.
According to Joe McDonald, the Western Australian assistant secretary of the construction and general division of the CFMEU, there was no expectation when the project began that the workers would have to do night shifts. However, Leighton faces penalties in its contract with the government if it runs over time and decided to up the pace by working around the clock.
While workers on city construction sites receive double-time for night shifts, Leighton was insisting that its workers do night shifts at the 25% penalty pay rate required by the award.
When the Australian Industrial Relations Commission ordered them back to work in the second week of the strike, the workers refused. Leighton responded by threatening to sue the union and sought to intimidate workers by serving writs on them, suggesting that it would sue them as individuals.
In its editorial, the November 23 West Australian demanded that the state government intervene in the dispute against the union. Never a week goes by without this paper attacking the CFMEU. So determined was it to push its union-bashing line, it neglected to tell its readers that the union had offered to continue working day shifts while the issue of night work was discussed. Leighton refused this offer, demanding a return to work only on its terms.
In the end, Leighton agreed to a 50% penalty rate on night shifts. While this is less than the double time received on building sites that the workers had hoped for, it still represents a significant breakthrough.
CFMEU industrial officer Tim Kucera told Green Left Weekly that civil construction projects are traditionally based on Australian Workers Union deals with inferior conditions. Kucera added that Leighton has not given up on intimidation, reserving its "right" to sue the workers in the future.
From Green Left Weekly, December 8, 2004.
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