NSW South Coast unionists in court
By Bernie Brian
WOLLONGONG — The trial of two south coast unionists is to continue, despite the disappearance of one of the prosecution's key witnesses.
South Coast Labour Council (SCLC) secretary Paul Matters and Australian Workers Union organiser Neville Hilton have been charged with the obscure crime of besetting. Dating back to a 19th century English law, it makes a union picket a criminal offence.
The charge arises from a SCLC picket at the Bombo sewerage treatment plant (near Kiama) in September 1992 over the use of non-union labour and non-compliance with award conditions. Despite the dispute with the Water Board being resolved in October, the unionists were charged by the Building Industry Task Force.
The charges allege that Matters and Hilton prevented five non-union subcontractors from carrying out their duties through disruptions to the delivery of plant and equipment (the picket line).
During the trial it has been revealed that four of these workers were working under false names and were not even present on the days the alleged offences were committed.
It was also revealed that they had established what is called a buddy system. This involves a group of workers forming a bogus company, which is able to submit a competitive tender for a job by accepting below award wages and avoiding workers compensation, public insurance, payroll and income taxes. The principle figure in this subcontracting gang has since gone missing.
An application from the defence to have all charges dismissed was rejected by the magistrate on November 24. Matters and Hilton maintain that this is a show trial and an attempt by the NSW government to intimidate the trade union movement.