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Your Rights on Trial
Interview with Ark Tribe
A message from Arks Family
More than a year ago, Ark Tribe was charged with not attending an interview with the ABCC.
Jacqui Tribe, Ark’s sister: It came out last Christmas, he was not himself, he was stressed. It’s over 12 months now. We talk about a six month jail sentence that he’s possibly facing. But in my mind he’s already served 12 months.
Adam Tribe, Ark’s brother: What’s happened to my brother is unfair and unjust.
Anne Hughes, Ark’s Mum: It’s put him under a lot of strain. He only tries to look out for people. A man shouldn’t be threatened with such a thing, I’m his mum, I feel what he feels.
Ark and his family are now facing another Christmas with a prison sentence of up to six months hanging over his head.
Send Your Christmas Card to Kevin Rudd
Famous Supporters Back Ark
Gerry Conlon: I’m one of the Guildford Four and I’m in Australia at the invitation of the MUA.
We’ve heard about Ark Tribe, the Miscarriage of Justice Organisation supports Ark in his struggle.
We also want to see the repressive laws that have put him in this situation repealed.
The laws that they’re jailing Ark Tribe will be used to jail members of the public very soon.
Get off your back and get on your feet get out there and support the unions, support the working man. We support Ark Tribe.
Patrick Hill: I spent 17 years in and English prison for something I knew nothing about.
We’re also very fortunate to find out just how bad the laws are over here.
If someone had told me a month ago that some of the laws the Australian Government have brought in here against the ordinary working class, and against Ark Tribe, I couldn’t believe it, the things that they are doing over here.
I thought that we were bad enough in England, and over here I’m sorry to say that the Government is a hell of a lot worse than the British Government. At least we do have some solidarity over there we do have members of parliament that stick up for the working class and the unions.
Solidarity with Ark Tribe and solidarity with the working class and the union movement from the Miscarriage of Justice organisation, long may you continue.
Send Your Christmas Card to Kevin Rudd
Supporters rally for Ark Tribe's freedom
More than 200 people rallied at Elizabeth Magistrates Court in support of the latest victim of the Australian Building and Construction Commission (ABCC), South Australian construction worker, Ark Tribe in June.
Local unions closed ranks around Mr Tribe who faces up to six months jail for allegedly failing to attend a compulsory interrogation by the ABCC in 2008.
Speaking at the rally as Mr Tribe appeared before the court for the first time, CFMEU SA Secretary, Martin O’Malley said local workers, including nurses, ambulance officers, truck drivers and construction workers had pledged their support for Mr Tribe.
“Unions, representing nurses, ambulance officers, transport workers and construction workers, stood shoulder-to-shoulder with Ark Tribe in the fight against the ABCC charges,” Mr O’Malley said.
Ark Tribe will be in court again on August 11.
Put yourself on the map and make a stand for Rights on Site
Ark Tribe Prosecuted
Ark Tribe is a construction worker from South Australia facing six months in jail. He has been charged with not attending an interview with the Australian Building and Construction Commission (ABCC).
Ark was working on the Flinders University site in Adelaide. Conditions were so bad that workers drew up a petition calling for safety improvements, on a handtowel. It took an intervention by the union and the state government safety regulator to get the most pressing problems fixed and finally, after several days, things began to get back on track.
One by one workers from the site were called before the ABCC. The penalties for those who don't cooperate with ABCC investigations are frightening - fines of up to $22,000 for things like stopping work to make sure workers are safe and jail for up to 6 months if you don't answer their questions.
Even the police don't have the powers the ABCC have. In Ark's words, "If I've done something wrong, I'm prepared to cop it, but I won't be treated unfairly." We need to get the Rudd Labor Government to get rid of these laws, before another construction worker faces jail.
Put yourself on the map and make a stand for Rights on Site
International Day of Mourning (28th April 2009)
28 April is International workers day of mourning.
A day to commemorate workers who have died on the job.
On construction sites around Australia, construction workers will stop
for a minute’s silence to remember their work mates.
Our construction industry is one of the toughest industries to work in
and statistics show that one construction workers is killed a week in
Australia. Hundreds more are injured.
But each year millions of dollars is spent on the Australian Building
and Construction Commission, an organisation which undermines workers
rights and safety.
That’s why we’re campaigning to get rid of the ABCC and the laws that
keep it in place.
A message to the Hon Julia Gillard MP
A message to the Hon Julia Gillard MP
Listen to construction workers Julia.
Denis McNamara, Scaffolder/Builder, “My message to Julia Gillard is, Julia scrap the ABCC it affects the way we do business on site, it affects workers on site. There are laws that apply to us that apply to no other worker in this country. But Julia you need to understand that the people out there are unhappy, they’re unhappy with your lack of interest and they’re unhappy with your failure to carry out your commitments, you gave us a commitment.”
Eamonn Wolfe, Rigger, “I say to Julia, please see the common sense that these people have no role here. Even the world authorities have condemned these types of organisations, they have no real value here. We’re not saying that companies can’t have a voice, they have a voice with us.”
Robbie Tetaeu, Safety rep, Australian Grand Prix, “Take the ABCC and throw it in the bin. Because they don’t deserve to be here. Scrap the ABCC, think about the family, think about all the wives at home waiting for their husbands to come home, kids waiting for their fathers to come home, mum and dads waiting for their sons and daughters to come home from work.”
Stephen Ryan, Civil Construction Worker, “Julia you’ve let down a generation of construction workers. We built Australia over decades. The success of Australia is through construction workers, through our ports, through trying to do the right thing. You’re not doing the right thing.”
Dave Noonan, National Secretary CFMEU Construction and General Division, “We want the ABCC abolished, we want the return to the rule of law where everybody in the Australian workforce works under the same set of laws. We want fairness in the workplace.”
Listen to construction workers Julia
Construction workers want equality before the law. We need a focus on safety on construction sites where one worker is killed each week.- The Rudd Government must immediately legislate for the repeal of the Building Industry improvement Act and abolish the ABCC.
- Construction workers condemn the use of coercive powers by the ABCC and call on union officials and workers to refuse to participate in interrogations.
- Stoppages will be held on 28 April to mark International Workers Day of Mourning.
- Construction workers condemn the Wilcox report for its support for a different set of industrial rights for construction workers.
Rights On Site - 5 Reasons Why the ABCC Must Go
5 Reasons Why the ABCC Must Go.
1. The ABCC is discriminatory
“The way we’re being treated out there compared to other industries is just not fair, what they are doing is actually prosecuting the people who are building the houses for our people, the office blocks for our industries.” Rohan Tobler Carpenter
2. The powers of the ABCC are unjustifiable
“It has powers that not even police agencies have. It has the ability to force people to give evidence against themselves, to give evidence against their families, to give evidence against their workers.” Prof. George Williams Constitutional Law Expert UNSW
3. These laws are made for big companies
“I’ve definitely never heard of them sticking up for an employee, I’ve heard them prosecute employees, threatening to take their houses away by fining them, prosecuting their unions.” Rohan Tobler Carpenter
4. A waste of taxpayer’s money
“I find it obscene that tax payers money is being used to finance a department that persecutes tax payers for fighting for their democratic rights.” Brett Walker Electrician
5. Australia is in breach of the ILO Conventions:
“The International Labor Organisation has been very clear that the Australian Building and Construction Commission does not comply with Aus international obligations. It has powers that cannot be justified and it has powers that are not appropriate in a fair and democratic nation.” Prof. George Williams Constitutional Law Expert UNSW.
5 Reasons Why the ABCC Must Go.
- The ABCC is discriminatory
- The powers of the ABCC are unjustifiable
- These laws are made for big companies
- A waste of taxpayer’s money
- Australia is in breach of the ILO Conventions:
Terry Lee’s story
Terry is a union official who works for the AWU. In 2005 Terry organised a stop-work meeting at Hamilton, which had some bigger than expected consequences. The stop-work meeting was in response to the employer not following through on a previously made arrangement.
The members who attended the meeting lost one hour of their day and expected their pay to be docked accordingly. It wasn’t until later, when the Howard government introduced laws that worked retrospectively, that these members realised just how wrong they were.
The union was fined $40,000, Terry $4,000 and each shop steward $2,000. Terry believes that it’s because of the industry in which his members operate, that they were so severely punished for taking industrial action.
“You stop work you cop the loss of the hours pay, ordinarily that is your only punishment. But not if you’re a construction worker”
“The union was fined $40,000 and myself $4,000 as the organiser or the employee of the union.”
“…The legislation was put in there to attack unions who have membership in the construction industry”
“What have we done to deserve these sort of laws where we are treated differently to someone else? … It’s a nonsense, it’s un-Australian”
Rob Wakelin's story
Rob was the site union delegate at the Lake Cowal Gold Mine. At the mine, the quality of food being supplied to workers began to deteriorate, and when workers found maggots in their food, they decided it was not good enough. With no other choice available, Rob let management know they needed better food at work, and over the weekend Rob and the other workers walked off the job. They thought it wasn’t too much to ask that healthy food be supplied to workers. Management had seen the state of the food and agreed that it was unacceptable.
Rob got a call some time later saying he was under investigation by the ABCC. Two and a half years later Rob found himself in the Federal Court about another incident on the site. Rob was eventually fined and prosecuted because he and other workers took industrial action, and he was fined $1,100 along with the CFMEU who was fined $8,000.
“The tucker got to a stage where it was unacceptable. You couldn’t eat it.”
“Worst case scenario for me was $22,000 on each count – that’s $44,000. Where’s a bloke like me find money like that?”
“Kicks you in the guts and depresses you… it’s just plain wrong.”
“We’re not terrorists, we’re bloody construction workers out doing our job. We’re building this country.”
Charlie Isaac's story
Charlie was a construction worker in Western Australia. In early 2006 Charlie’s mate Peter, the site delegate, was sacked. Charlie and the other construction workers took industrial action against the decision to sack Peter because it removed the only voice they had to be able to stand up for their rights. As a result of the industrial action, Charlie and the other workers faced fines of up to $28,600 each.
For Charlie and many of the other workers affected, the threat of fines put undue stress of them and their families. The Federal Court ordered 107 construction workers including Charlie to pay fines of up to $9,000 each. Charlie couldn’t believe he was fined for standing up for a mate at work.
“When they sacked Peter we took industrial action because he was our voice. Without Peter we had no voice.”
“$28,600 – Never had that much money in my bank account.”
“I can’t describe it – it’s like jailing someone for crossing the road.”
“You don’t fine someone for standing up for their rights.”
“If you can’t stand up for saying what you believe in then you’re nothing but a slave. And I’m no slave.”
