By Bernie Brian
WOLLONGONG — South Coast Labour Council secretary Paul Matters and Australian Workers Union organiser Neville Hilton are both facing charges under the NSW Crimes Act as a result of their involvement in a picket line at the Kiama sewage treatment works last year. After a brief appearance at Kiama local court on April 30, the case was adjourned to November.
The picket arose from a dispute with the NSW Water Board over the use of non-union contractors. Despite that dispute being resolved and the contractors in question being removed from the site, the NSW government last year summonsed Matters and Hilton to appear before the new Industrial Court.
This court was set up under the state Liberal government's anti-union industrial relations legislation. The charges were to be a test case for the new legislation, but after one appearance of the two trade union officials, it became obvious that the new legislation was unworkable.
However, on March 15, three days before the expiry of the six months statute of limitations, Hilton and Matters were charged under Section 545B of the NSW Crimes Act with "besetting" (surrounding with a picket).
Neville Hilton told Green Left, "As far as we are concerned, this is a political show trial. Hannaford [industrial relations minister] and [Premier] Fahey's Industrial Relations Bill has been shown to have so many holes in it that they have now switched their attack to the Criminal Court.
"Down here on the South Coast they want to get some heads. In fact, Paul and myself were served with summonses three days after the federal election. We believe this suggests that they were all geared up for a major attack on us once the Liberals achieved government in the federal arena. Of course that didn't happen, but they must go on with it now to save face."
The relevant section of the Crimes Act, 545B, dates back to the old English Conspiracy and Protection of Property Act of 1875. This was the act used against picketers during the 1984-85 miners' strike in Britain. It was incorporated into the NSW Crimes Act of 1900.
The last time section 545B was successfully used against unionists in Australia was in 1936, yet after an appeal to the High Court it was found that the act did not make picketing illegal. Although this establishes some legal precedent, historically the act has been open to a variety of interpretations.
Matters and Hilton were both charged under auspices of the Building Industry Task Force. The task force includes police officers with wide powers of investigation and was originally set up to aid the royal building industry. Currently the task force is back in Wollongong, intimidating other trade unionists who have been trying to enforce closed shop agreements made with the management of the Port Kembla coal loader.
Paul Matters told a district combined delegates meeting on April 27 that the royal commission, despite costing the government $21 million, was unable to unearth any corrupt practices.
However, it seems that money is not a problem for the NSW government when it comes to intimidating unionists from carrying out their legitimate activities. If the case against Matters and Hilton goes ahead, it is estimated that it will cost the government $120,000 to apply a charge that has a maximum penalty of $500 or six months' imprisonment.
Matters told the region's combined delegates that the issue is no longer related to the original dispute with the Water Board. "That dispute is resolved. The issue is whether unionists have a right to picket ...
"The issue is the civil liberties of trade unionists and others in the community who undertake peaceful protests. It is incumbent on us as a trade union movement to warn people that peaceful democratic actions such as picketing could lead to criminal charges."
Regional delegates have voted to ban the construction by the Water Board of a $120 million water purification plant near Wollongong until this issue is resolved. As well, the local Labour Council has received support from local MPs for a campaign within both state and federal parliaments for the dropping of the charges and for the removal of other anti-union laws such as Sections 45D and E of the Trade Practices Act.
Matters told the delegates that "Even if we are convicted we must make sure that these laws are removed from the statute books". It is estimated that the Labour Council will have to spend $25,000 in legal costs; a fundraiser is being organised for June 27 at the Berry School of Arts.