CFMEU under administration jeopardises workers’ safety

November 29, 2024
Issue 
Thousands march for a safe heat policy on November 27 in Magan-djin/Brisbane. Photo: Electrical Trades Union Queensland & NT/Facebook

The dangerous impacts of Labor’s forcible administration of the Construction, Forestry and Maritime Employees Union (CFMEU) are being revealed.

Construction workers are dying because some bosses believe they can now get away with flouting workplace safety procedures in a more reckless way.

Just this month, two workers were killed at Vestas Wind Farm. One died at Golden Plains in Victoria and the other at Wambo in Queensland. Vestas, the largest wind turbine manufacturer in the world, regularly confronts the CFMEU over safety on the job.

CFMEU national secretary Zach Smith said Vestas routinely ignores CFMEU Occupational Health and Safety (OHS) concerns and denies union access to sites.

This is despite WorkSafe Victoria issuing 22 compliance notices to Vestas since March last year.

Tim Gooden, spokesperson for Victorian Defend the Unions — Defend the CFMEU, said on November 24 that Vestas’ response to the tragic death of CFMEU member Jess Patience at Golden Plains on November 11 was an outrage.

Patience’s body was left in full view, while police conducted interviews from a car boot and workers were drug and alcohol tested. Gooden thought this might be “so the company could try to blame other workers rather than its own procedures” for the tragedy.

“It was only once the CFMEU was allowed on site that surviving workers were led from the scene and offered counselling to limit PTSD reactions,” Gooden said.

“I’ve been a construction worker and CFMEU shop steward for 42 years and this is about the worst response by a company I’ve ever heard of.”

Gooden said that the CFMEU, over decades, has been critical in improving OHS on construction sites.

“We never allow the bosses to get away with lax responses to OHS issues. This is one of the reasons why we are under attack — over trumped-up charges of corruption and intimidation.

“People have to realise that this is a tough industry, involving billions of dollars’ worth of profit,” Gooden continued.

“Do you think the bosses would stop cutting corners and creating safety hazards, if we politely asked them to stop? No.

“It’s the unity of our members, their readiness to stop working if there’s a problem and the commitment of our shop stewards and officials that has been decisive.

“The media keeps vilifying us as ‘thugs’, who are overpaid and unproductive. But if we don’t go hard on safety, who will? What is a life worth?”

International studies support Gooden’s view of the union’s important role.

Rory O’Neil, editor of the British-based Hazards Magazine, said: “When it comes to challenging workplace harm, hygienists might have a measure of it and doctors a diagnosis for it, but only workers with collective power have much chance of doing anything about it.

“And there is no shortage of up-to-the-minute evidence illustrating this ‘union safety effect’.”

The newly elected David Crisafulli Liberal National Party government in Queensland also thinks it can get away with more recklessly flouting workplace safety procedures.

Construction workers rallied on November 27 in Magan-djin/Brisbane to oppose the LNP’s announcement that it was suspending the Best Practice Industry Conditions (BPIC) agreement and reintroducing the 24-hour notice periods for union officials before they can enter a site over a suspected safety contravention.

BPIC, which covers state government projects, includes a heat policy that says work must stop once the temperature reaches 35°C, or 29°C with 75% humidity.

Gooden said workers are under a lot of heat stress in Queensland. “In 2023, construction worker Daniel Sa’u died and 25 workers were hospitalised from heat stress.”

Glenn Newport died on a site near Roma in 2013, after working in more than 40°C heat. Newport’s mother, who led the November 27 rally, said if a heat policy had been followed, her son would still be alive.

“These decisions are made by politicians who don’t know what it’s like to work in extreme conditions, who put workers in harm’s way from the comfort of an airconditioned office. Heat stress kills and those in power have a responsibility to put people before profits,” she said.

The Labor-appointed CFMEU administrator Mark Irving is also jeopardising safety by sacking CFMEU officials.

He dismissed Victorian CFMEU Health and Safety Organiser Esther Van Arend on November 25 for alleged “menacing conduct”.

Van Arend was allegedly involved in an altercation with journalist Nick McKenzie at a Coburg cinema the previous weekend.

McKenzie is widely known for his sensationalist reporting of the CFMEU on Channel 9’s 60 Minutes program, “Building Bad”. It was his unsubstantiated claims that precipitated Labor’s new law to put the CFMEU into administration.

Social media posts supporting Van Arend indicate that her criticism of Irving at a recent CFMEU organisers’ meeting for denigrating the CFMEU in the media may have triggered her sacking.

They argue that there has been no procedural fairness or natural justice in her abrupt termination, given that Irving allegedly did not ask her what had happened before acting. Green Left believes Van Arend will challenge her dismissal.

[The Defend the Unions — Defend the CFMEU is organising a public meeting titled “Why we stand with the CFMEU — Your Rights under Attack” on December 5 at 6.30pm at Coburg Town Hall, 90 Bell Street, Coburg. Speakers are: Independent Senator Fatima Payman; Jade Ingham, sacked former National President of the CFMEU (Construction) and Queensland Assistant State Secretary; and David Waters, industrial lawyer from Peacock and Waters Associates. Merri-Bek councillor Sue Bolton will be the chair.]

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