Sam Wainwright, Perth
Forty workers known as the TCC 40 and their union, who were being sued by Total Corrosion Control under the Howard government's new anti-worker laws, claimed victory on September 21 when the company advised the Australian Manufacturing Workers Union (AMWU) that it was withdrawing its case in the Federal Court.
The workers, who are expanding Alcoa's Pinjarra refinery, were being sued for up to $28,600 each, and the union was being sued for $110,000 plus unspecified damages, over an alleged case of illegal industrial action. The action arose out of a dispute over the company's decision to stop paying construction rates of pay ahead of other contractors working on the project.
Garry Graham, a shop steward for the TCC workers, told Green Left Weekly: "It was a weight lifted off everyone's shoulders. We just felt we'd never backed down and stood together, and we are proud of ourselves, the union and everyone else who was involved ... The first thing a lot of blokes felt was that they couldn't wait to tell their wives, because it's been a weight on their families too."
AMWU organiser Will Tracey believes TCC backed down for four interrelated reasons: its own legal advice; the collective strength and discipline of the TCC 40; growing support for the workers in their industry and the wider community; and the company's realisation that it was carrying all the risk in a campaign that may not have served its short-term interests.
Tracey explained that WA's mineral export boom means there are huge profits to be made by heavy engineering companies. "I think TCC have got some bad advice and were putting themselves on the line for a campaign being run by the Chamber of Commerce and Industry that could have affected their work everywhere else."
In contrast, the 107 Perth construction workers also being sued in the Federal Court are being pursued directly by the government's union-busting Australian Building and Construction Commission. It stands above the interests of any one employer so can pursue a prosecution in a situation where an individual boss might decide it was not in their immediate business interests to do so.
TCC must have had an inkling that it was about to confront a storm of community outrage. A public protest was planned for the first court hearing on September 28, and the recently formed Mandurah-Pinjarra Union and Community Solidarity group has been getting 40-60 people to its meetings and was planning to picket the company's offices.
While the TCC workers are hoping for a more consultative relationship with the company, Graham insisted that they would not back down from defending their work conditions. "If there's something not right, we will take action ... The company might have thought they could use this as a scare tactic, but we're not going to cop that."
Graham emphasised the need to swing the momentum behind the 107, who next face court on November 1: "We haven't forgotten about them and we'll be there to show our strongest support."
Commenting on the positive precedent they have set, Graham added, "If this happens to any worker, if your employer takes this path, you have to stick together and stay strong. That way you'll build the support of other workers and the community because all Australian workers hate these laws. We've just got to believe in ourselves, be honest and go for it all the way."