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AUGUST 31st, 1969.

INTRODUCTION
This booklet is published by a group of. twe~ty-seven Victorian Unions known as the "Trades Hall Gouncil Administrative and Financial Review Committee." These Unions decided in 1967 t J withhOld affiliation fees trom the Melbourne Trades Hall Council until that Council provides for:1. An improved melhod of representation on the Trades Hail Council. 2. A basis of executive representation Ihat brings together ttll' main trends in the trade union movement without any section 'being restricted with regard 10 their individual rights. 3. The recognition of individual union rights which must inch.ue the lifting of the suspension of four Unions. As a result of their decision to withhold affiliation fees thel ; 'ere suspended from attending meetings of the T.H.C. Consequently these Unions began to co-ordinate their own acii'Jities and have been involved in a number of successful public campaigns, ",'hlch the Trades Hall Council had either ignored or condemned. Thes8 campaigns included opposition to the Victorian Supreme Court Rules ch"rlge5, a black ban on the discharge of sewaqs into Port Philip Bay at Carrum, giving assistance In having the objectionable Melbourne Cily Council ByLaw prohibiting distribution of leaflets on city streets withdrawn. It was this group 01 Unions together with a number of other Unions who led the Victorian protest over the qaolinq of Clarence Lyell O'Shea on Thursday, 15th May, 1968. Mr. O'Shea, Victorian Secretary of the Tramway and Motor Omnibus Union, who had been gaoled lor alleged contempt of the Commonwealth Industrial Court arising out of lenal summonses instituted under the penal sections of the Commonwealth Conciliation and Arbitration Act. The gaoling of O'Shea, who acted in accordance with the instructions of his Union, brought about an explosive nation-wide series of actions and stoppages which for the first time in the history of Australian Industrial Arbitration seriously challenged the Establishments' concept of imposing penalties on workers and their Unions. Here the twenty-seven Unions record some of the events which led up to the gaoling of Clarence Lyell O'Shea, and the bitterness expressed by Australian workers who have for so long suffered the hated class law which led to his imprisonment. The booklet is also a tribute to the fine action taken by these Australian workers, an action which attracted world-wide attention. OUR COVER: Photooraph shows Clarrie O'Shea beinq escorted by Commonwealth Police to Pentridge Gaol on 15th May, 1969.

ABOLISH THE PENAL POWERS


FREEDOMS FIGHT OF '69
BY J, ARROWSMITH Our slory begins at 11.20 a.rn. on May 10th 1956 At that hour the late Harold Hott (the~ for Labour) rose in the House of Representatives at Canberra and launched ~n:/,enal powers, as they are today, on their
Minister

Ever sines its formation in t 904 the compulsory Arbitration system in Australia contained penalties. The original legislation banned I~ekouts and strikes and provided for penaltlss of up to $2,000 on the Unions and $20 On individuals. Onus of proof was or the party Charged.
,'1 1930 the SCULLIN LABOR GOVERNM'.NT removed most of the "teeth': in the A~ and cut back the penalties. The system th·~ I operated FOR 17 YEARS WITHOUT AN .. HARSH PENAL TIES.

I t 947 the Chifley Government re-Inserted SI«"ger powers in the Act. ~,;. Holt's proposal of 1956 provided for a c -itinct division between the award making mer.runery, and the power to punish those wh,) did not accept the decisions made. Tn " provided for an
fI

(MR. S,! AN WILLIS) takes up the story. .Without any need for decision of our Union Our members at Morts Dock (N.SW.) collected for their mates In Ihe Court. the Ironworkers of!icial~ reported this, and we were cited before the Court for keeping the strike going Our Union was fined SI ,000." . We strongly objected, and finally through our efforts (backed by the A.C.T.U.) the High Court found the Act Was unconstitutional, but despite our repeated requests the Government refused to refund OUr $1,000." The High Court ruled (and the Government we.nl to the Privy Council in England ~nd again were defeated) that the Court as It was then set out, could not MAKE AN AWARD AND ALSO FINE ANYONE FOR BREACH OF IT. The penal powers being "the apple of the employers' eye" tile Menzies Government 89ted sw,fflv to end this by creating a system With TWO ARMS. Parli:~~~f the changes were passed by

ARBITRATION COMMISSION TO MAKE LAWS RELATING TO WORKING CONDITIONS,

ao AN INDUSTRIAL COURT TO ENFORCE THOSE LAWS, The Government moved In Ihis direction because the whole process of penal powers had been thrown into a tailspin by the BOILERMAKERS' SOCIETY. Rank and file Ironworkers employed at Morts Dock (Sydney) in 1955, went on strike in defiance of their Union leadership. The Federal President 01 the Boilermakers

PRICE 20 CENTS

MR. R. G. MENZIES SENATOR J, G. GORTON (now Prime Minister) MR. P. E. JOSKE, O.C. and SENATOR THE HON. J. A. SPICER, O.C. (We will hear more of the last twa gentlemen later). spoke in support at the new laws. So we can record thai the penal powers Came out of the lop circles of the LIBERAL PARTY with Ihe "top brass" of that antiworking class organisation jOining the chorus for their adopt.on.
Page 1

NOW

In the same House on FEBRUARY 2.5th, 1969, MR. CLYDE CAMERON (Labor, Hindmarsh, Soutn Au~trd"a, asked tne present Minister for Labor (Mr. Bury) , How many times Unions have been fln~d, and by what amounts since 1956? The Minister's reply broken up into grou]:'s of Unions as adopted by the A.C.T.U. IS as lollows:
~~~~~
Melel Group -

LET'S MOVE ON YEARS

BY 13

BUT FINES are only one side of our pictur~MPLOYERS' LEGAL COSTS are loaded on to a union with the tines. So we asked MR. KEN CARR (Secretar~, T\ades l:Iall Council Financial and Adminlstratlve ReView Committee) Can you estimate what amount 01. legal costs Unions have been saddled With? He,,~etal~~dthreetimes the total of the fines, because there are about two cases before the Court for everyone that results In a fine and the Unions are saddled with costs of these." MR, PAT CLANCY (Secretary, N.:: W. BRANCH, Building Work.,rs' Industrial Unif'n) added to th is "In the Metal Trades struggles last )'I_ar one Union was fined $15,000 "Ius $16,1.00 in costs lor the employer." SO THERE IT IS.

increase the Court may grant. On the other hand if the workers regard a decision

political acnvuv on tile part of the organlsed trade union movement dual unions, in this country

to gain more. then they are subject to all the weight of the penal powers." "The arbitration system therefore is loaded against the worker." MR. LAURIE CARMICHAEL (VICTORIAN STATE SECRETARY, AMALGAMATED ENGINEERING UNION) said "The boss has the right to hire and fire as the ups and downs of the business world ellee! him." But workers who withdraw their labor, because of some grievance, and nobody does this lightly; in the vast majority of cases every avenue 01 settlement is explored belore a stoppage they are regarded as some form of criminals and speedy action is taken to plunder their union funds in the hope this will drive them back to work."

~s unsatistactory,

and take

action

other, and the tendency is for major industrial issues to become political issues.
"We,

and indivithan in any

Tol.1 Fin••• NO. or Tim •• gactlcn 111 Union Fined 160 132 131 75 52 40 9 1

sustained experience of full employment and this has greatly strengthened the bargaining power of the individual employee and of the Union. "There is a potentiality in the industrial movement 01 this country for the exercise of power unsurpassed in any other
democratic country, but would we claim

have

had,

over

recent

years,

542,650 35.500 32.0.0 Australasian Society of Engineers 20.100 16.300 Sheet Metal Workers Union 16,350 Electrical Trades Union 3,590 Federated Moulder'S Union 600 F.E,D,F.A. 81acksmilhs Society (now amalqeAmalgamated E:ngineering Union Federated Ironworkers Union
& Blacksmiths Boilermakers mated with Boilermakers Socleiy) 600

that our industrial movement has yet developed that recognition 01 the responaiblltty which power carries with it, and which is to be found in other counTHAT'S LETTING THE CAT OUT OF THE BAG PROPERLYi
The Penal Powers sary because
<II

tries of Ihe world?"

5167.310
TranspDr1 Group Walerslde Workers Seamen's Union Federation

601 58 9 41 23
2

Tramway Union

Transport AtJ's1rallan A.FHL.E. Miners

WOrkCiI'$ Railway

UnJDfl Union

150,200 5,400 14.800 11,600


1,400

THE GENERAL ESTIMATE IS 1H.11,T MO.'E THAN $750,000 has been }~.k9n out of workers' union dues through the per al powers and legal costs. Somewhere a voice will say. "Ah yes-but what about the employers the Arbitration System works both ways you know," MR. CAMERON WAS NOT ONE SIDED. HE ASKED ALSO WHAT FINES HAVE BEEN IMPOSED ON THE EMPLOYERS? Here Mr. Bury was most generous. His figures covered the period 1943 to 1968 A QUARTER OF A CENTURY and they show that in that time employers were charged with 332 breaches of awards AND FINED ONLY $2,978. We asked three Union officials to comment on the significance of this contrast. MR. ALEX MACDONALD (General Secretary, Trades and Labor Council of Queensland) said"The fines paid by the employers equal 0.8 per cent of the lines paid by the Unions. So the bosses do not worry much about lines by the Arbitration Court." MR. TED INNES (VICTORIAN BRANCH SECRETARY, ELECTRICAL TRADES UNION) commented "The employers have the right uncontrolled by any authority whatever to increase prices to cover any wage

were too

considered strong.

neces-

~OW

LET'S RETURN TO 1956

800 100

1 1 137

T~is time the scene is the SENATE CHAMBE-S, the date JUNE 12th, SENATOR sro ~ER (Attorney-General in Mr. Menzies QiJ;of€rnment) has the floor. Speaking in sup1ll.1' of the penal powers, he said:"Industrial relations and the just settlement 01 industrial disputes are matters which, quite obviously, directly effect the prosperity and contentment of any country, but they have special importance in they have become more controversial and more complicated in this country than probably in any other," Senator Spicer then went On to give so me reaso ns for this. "Australia has become the most highly unionised industrial country in the free world. We have some 60 per cent of our wage and salary earners, both male and female, members of some appro priate union" By way of companson, I could rr ennon that the United Kingdom, which is a highly unionised country on standards of other parts Of the world, has only 40 per cent of its wage-earning population members of ~m.ons. "Another highly Industnallsed country, the United States of Arnerica, has only 27 per cent. , "In addition there IS probably more
Australia." "From a combination of circumstances,

~M.300
Bll1iding GroLl,p Plumbers Unton Timber WOlters

e They took up political issues vital 10 workers. o Full emptoyment enables a worker to stand up for himself mpre effeGti,vely. • Therelore the power 01 the industrial movement must be curbed.

The

Unions

were

1,400 800 $2,200

BRING

ON "TAME UNIONS

CAT"

Food

& DistribUtion Group ~.M.I E.U. Iquor Trades Union aderated Store men & Pac:kel'$

5.000 4,600 4.200 S13,800 5,550 1,000 700 1.900 400 $9,550

7 7 26 7 10 1 4 1
23

12

"

,,

" lecturing Group I-'Icle Builders Union EmpIO)'4Ses Union .workera r WO/kers Basil Workers

fI

l\uSlrdlian

,I, Pilots I 'J .i<.lpal Otrlcers .jcumaltets

~ wllh

A.C.T .U. -

Aeen,

$4,000 1,000 250 $5.250 6 799

TOTAL

$282,410

Senator Spicer's remarks are nothing new from the top Liberals, but this particular speech is of special significance for our story. TWO MONTHS after making clear his antiunion bias SENATOR SPICER wrote a letter (13.8.1956) in which he resigned from the Senate and on that same day was appointed MR. JUSTICE SPICER, CHIEF JUDGE OF THE INDUSTRIAL COURT - A POSITION HE HOLDS TO THIS DAY, He had two terms as a Liberal Party Senator. The second began in 1949 and he stepped straight into Menzies Cabinet. Born in 1899, he graduated as a Barrister and Solicitor in 1921. His record 01 support lor anti-working class politics goes back at least to 1933 a year of widespread unemployment - when he became President 01 the YOUNG NATIONALISTS (forerunner of the Liberal Party).
Page 3

("HANSARD,"
paqr-

PAGE 81 1027)

QUESTION

NO.

,
He was knighted in 1963. • ADOPTED IT IN "PRINCIPLE" BUT NOT Wage struggles are the arena where the IN APPLICATION. penal powers come Into play more often THEN ON JULY tst, 1967 than others, so We turn now to examine some • ABOLISHED THE BASIC WAGE AND recent wage judgments by the Commission, MARGINS AND INCORPORATED BOTH and their eHect On the struggle of Trade IN A "TOTAL WAGE," Unionists. For many years in Australia, The Unions strongly rejected this JUdgwages were based on the following tormula: ment for the loss of the basic wage meant Oil A BASIC WAGE an end to the system whereby an equal (An equal amount in every adult male amount went into every adult pay envelope pay envelope - 25 per cent less for after an increase in the basic wage. females). The "tol'al wage" concept has led 10 a • A MARGIN FOR SKILL position whereby the Courl tries to set worker (Higher Or lower accordlnq to the against worker. To particularly rob the unCourt's estimate of the skill required in skilled and serru-skltled production wor"ers, each job). yet all workers have to pay the ",or'" pees • QUARTERLY ADJUSTMENTS TO THE for food, clothing and shelte n,,,, 11ISBASIC WAGE sion has made it more diffiCult ,~ ~,. ons (An increase Or decrease of wages ac- to submit evldenoo of price fir ,:-<; .• ,' r:r ,~ ent cording to the rise or decline of prices for a wage increase. of a limited range of commodities). Its judgments are now bas ,.' ar t. ftlal The UNIONS always said this system was Interests." Inadequate BUT AT LEAST IT HAD BUILT Events like the involvemer. INTO IT A RECOGNITtON THAT WAGES requirinq vastly increased rr CHASE PRICES - are factors that are take .. In the post-war period of inflation _ a tion. system where the amount of currency in cirNot the level of prices or culation is vastly increased - prices started the worker. to rise consistently. THE QUARTERLY ADThis fundamental change - a '''li.i '.•:'(Jut JUSTMENTS were of some cushioning effect turn in wage fixation - lias ill'td L a ~j3at here. Wages rose however inadequate deal of discontent. the amount - eacn three months. For instance in the METAL TRAOe!:> the What happened to wage judgments followyears 1966-67-68 were fairly stcifny. Arb IMe ing the introduction of the penal powers? workers In 1953 after a consistent campaign by happy?" in this sectlon of industry list.ri!(e employers and the Menzies Government, the NO THEY ARE NOT! COURT CUT OUT THE SYSTEM OF QUARTERLY ADJUSTMENTS. Let us recall the events round the Margin case. it was one s~ep towards ridding the wages ON NOVEMBER 23rd, 1965, the A.C.T.U. system of the Idea that wages chase prices LODGED an application for increased marL 'hat the price of goods is lhe ARGUMENT I a wage rncrease. gins on behalf of all metal trades workers. THE' NEXT OBJECTIVE WAS THE BASIC The Court changed the long standing method POE ITSELF of hearing such applications and ordered a , BASIC WAGE APPLICATIONS the "work value" enquiry. This meant a detailed advocates Were able to clearly Show examination which involved visits to factories and as a result a long drawn out case!! (This -r:'3ase in prices and profits as evidence "crease. An embarraSsing _ TO system has now been extended to many other awards). "'RS - amount of evidence was at -oam a consistenl campaign was 'IOYERS APPLIED FOR WHAT I L D A "TOTAL WAGE." , carate Judgments OVer a few .mission firstly •h CTED THE EMPLOYERS' APPLIUrlON "~IEN
... ge 4

other aclions took place. FOR THIS THE UNIONS WERE HEAVILY FINED. The Judgment gave top tradesmen $10.05 per week and the FITTER $7.40, but they are only a part of the workers involved. There were 320 classificatlons in the Metal Trades Award under which men and women are employed. Two hundred and ten of them got $1.60 or less some only 10 cents!! UnskiJIed workers like "employees assistants" were 18ft behind with only $1. So the decision was unsatisfactory from the Unions' point of view. The employers and the Government held the contrary view. They thought too much had been granted! The Employers launched an attack on the Judgment which the "Age" (Melbourne, 121267) said "Was Ihe most violent attack On the Australian wage - fixing maChinery in memory." Awj of the comments of Mr. Bury (Minister for Laboun the same paper said they:"Went even further - they were without parallel in Federation (since 1900). . 'uboard goes any pretence that the Court e,'>;,uld be "impartial" and "above classes"!! , ; ne Unions were concerned abo ut these ~,,",ments by MR. JUSTICE GALLAGHER :Il~, in giving judgment, said he Wished '01' "to make it clear to the Unions and to Ihe employers themselves that so far as this Commission is concerned there is nothing in principle to prevent an employer from using exist.ng over-award payments to offset the increases whether in whole or in part." "he two major Metal Trade employer or anlsations in Eastern Austraua, the METAL TRADES EMPLOYERS ASSOCIATION (N S.W.) and VICTORIAN METAL INDUSTRIES ASSOCIATION on the other hand took this advice to heart and advised their 7,710 member companies to absorb the wage increases In OVER AWARD PAYMENTS. THEY INCLUDED SUCH JUICY PROFIT MAKING CONCERNS AS • BROKEN HILL PTY. LTD. • DUNLOP RUBBER and • AUSTRALIAN CONSOLIDATED INDUSTRIES . What were Ihe workers to do in these Circumstances?

protect what they had Wan by insisting that


the Court's decision was the minimum not the maximum, and again were heavily fined for doing so.

case

The alliance of Ihe Government and Employers against the judgment continued. The new rates of pay came into effect on JANUARY 22nd, 1968. They operated for only 22 days (remember atter a two-year wait) the Caurt then reviewed the Judgmen,t, this took only three days - and six days later came judgment - the Court took 30 per cent ofl all tradesmen and decided to review the
six months later!!

JUDGMENT CAME OVER 2 YEARS LATER ON DECEMBER 11,1967

Now - Who would expect the unions and their members not to complain about such a state of altairs? THAT'S EXACTLY WHAT HAPPENED! The Metal Trades Federation called a four hour stOp-work in Victoria a nation-wide stoppage was called by th'e A.C.T.U. and

To put it mildly this did not increase metal workers' love of the Commission. II is a matter ot history that they continued their slruggle - despite large fines - defeated the Government - Employer - Court plan to absorb the increases - won back the 30 per cent and by their struggle helped considerably to secure the "flow on" (something the Court said would not happen) of the Met~1 increases to olher awards. This then is the great contribution made by Mel_al workers toward the welfare of their feltow workers in other industries. It explains two things • WHY THEY HAVE FELT THE HEAVIEST LASH OF THE POWERS. • WHY SO MANY OTHER UNIONS, AND THOUSANDS OF THEIR MEMBERS RALLIED BEHIND THEM. One Union official who understands this very wefl, and pays this unstinted tribute to Metat workers and others In the forefront of Ihe fight is MR. E. DIXON (Secretary NO.2 Branch, Hospital Employees, Victoria) He said "The right of strike for the emptoyees of hospitals is one which can very rarely be used. It is one which We are all extremely reluctant to use, because of Ihe fact that we are dealing With sick people - either physically sick or mentafly sick - and so we tend to rely to a very large degree on other unions who are perhaps in a better position to take this type of activity to do it fO.r us. Conditions which we now enloy, such as the eight-hour day, forty-hour week, long-service leave, sick leave provrsrons, have been brought about by the acnvtties of unions. We must support !he Tramways Union and any other union which is fighting these vicious penal clauses." "UNITY,"Unlon Journal, May, 1969.
paqa

They took action in a number of ways to

FOR THE WORKERS IT IS ARBITRATION AND PENAL POWERS BUT NOT SO FOR THE "TALL POPPIES." Of the many scandalous actions to come out of the Federal Parliament in the last 20 years everyone is aware of the big salary rises and juicy pension handouts they have voted themselves. They are just as quick to hand out large lumps 01 the taxpayers money to others - you have to be in their good books of course! Clarne O'Shea was in gaol on May 20th and a miHjon workers were in action against the powers of the Industrial Court but this was the day the Gorton Government chose to inlroduce legislation to increase the Judges' salaries, Mr. Justice Sir John Spicer went up from $19,000 to $24,000 per year - OVER $460 per week!! . To tell workers, thousands of whom woufd like to take home the $5,000 per year he got as a raise: let alo~e the rest of his salary, that they can t do tnis Or tnat to win an in-

THE DETAILS, AND HOW THEY OPERATE


The power of the Industrial Court rests on two foundations. One is IT IS A "COURT OF SUPERIOR RECORD" We asked MR FELIX MARTIN (Victorian Secretary, Moulders' Union) to explai,' the meaning of this. "A Court of Superior RGcord is one thai has the power to order any pe'S01 10 appear before It lor ,'e[';sing to r;arry out an order or directicr! Ihat CO',,!." For instance, if a group' workers in a factory consider a cer+ part c! the plan! IS danqerous, 100 r:y or toe hot to work In, and bOYCN" ;t, Ihen "heir boss can ask the Ind\. .al Cour~ to issue an .order direCting ~ '1",1 to work in that section of Ihe plantd if they fail to do so they are "in CC9rnpt" of the Court and face penalties' der the Act "It is the same, of course with estop: page of work over any Ol;,llr issue. All of the Criminal Courts '·'d the High Caurt are clathed with similar power."

THE POWERS

THE FOUNDATION AND

OF UNIONISM SEEK
• PENSIONERS ARE MAKING THEIR PROBLEMS WELL KNOWN AND SEEKING A BETTER DEAL, • MANY ARE ASKING SHOULD WE PERMIT FOREIGN CAPITAL TO BUY UP OUR INDUSTRiES AND MINERAL RE· SOURCES? • SOM':: SECTIONS OF THE FARMING COMMUNITY SEE PROBLEMS OF OVER PRQDUCTION LOOMING. • AUTOMATION IS MAKING ITS PRE· SENCE FELT IN THE WHITE COLLAR FIELD - TOMORROW ELSEWHERE. • TAKEOVERS AND MERGERS ARE CREATING AN EVEN MORE WEALTHY AND POWERFUL FEW AT THE TOP, WHOSE VIEWS ARE CONSTANTLY DRUMMED OUT FROM T.V., RADIO AND THE PRESS. • ABORIGINAL A.N 0 NEW GUINEA PEOPLE ARE ORGANISING, AND SUPPORTED BY WELL-WISHERS IN ALL STATES, ARE PRESSING THEIR NEED FOR LAND, ETC, • PRICE RISES ARE WAGES AND THOSE COMES. EATING INTO ON FIXED IN-

FOR ALL WHO

SOCIAL PROGRESS
in November. 1968, the Federal Executive of the Australian Council of Salaried and Professional Associations expressed its total support of the basic tenets of • The right to strike. • The right of Unionists to refuse to do the work of strikers.
• Opposition

to the use of strike-breakers. system has NOT stopped

strikes

The

Arbitration

creaser

,: " industrial Court with all its powers has NOT STOPPED STRIKES. If f rise out of the ']Blure of the Society we",e in and will be WITH US until that Soc ,y is tuncamentav ,Itered.
1

Mr, Justice Dunphy and the other Judges of the Court went up from $17,000 to $22,000.

On top of salary Mr, Justice Spice, gets an allowance of $1,500 per year and Ihe other Judges 51,000, All have a Common- FOR THOSE WHO COMMIT '·CONTEMPT" wealth car available when they call for it, THE COURT CAN IMPOSE ANY OF THESE ~hen called On to hear a lag Order PENALTIES, asainst a Union interstate, they get $25,20 per day travellIng allowance, • $1,000 FINE ON A UNION They have unlimited sick pay and are • $400 FINE OR IMPRISONMENT FOR apPointed for LIFE! ONE YEAR ON AN OFFICER OF A . They have a long hOliday of from four to UNION COMMITTEE OF MANAGEsrx weeks annually and a short one of three MENT MEMBER, PRESIDENT, VICEto four weeks at another part of the year PRESIDENT, EXECUTfVE OFFICER A I of course, On full pay. . SECRETARY. ETC. ' £''''Y worker in Ihe Commonwealth Public • $100 FINE ON A RANK AND FILE MEM•,,' ' c" gets three ')l0ntns' long service leave BER OF A UNION . 1tE' years service. In January this year T.A.A. had the Court E, .~ it the honorable gentlemen of the pro.ceed against 82 rank and file workers in the,! employ! over a stoppage of protest aft~ ~'fl. ,,~~ months: long service leave against Ihe dismissal of their Union delaqats. The fines outlined above can be irnp-isec 11 'the strange name of "sabbatkal for each day of the contempt, so these leay~ .1 whatever its name Wouldn't it wo'ker~,laced a $100 a day finel! Their case scunr have your boss come up and was adlJOurned. say, ,i~.rn y~ . ere Jim. Here's: a year's pa Clarrie O'Shea was gaoled under these 'au ve been w.th us 10 years today See y. po~ers which can also be the fate of an xr ye,arP , you offlc~r who is not a full time official!! "N lei us look at This takes industrial affairs into an pre" 6 Usually Ihought to be reserved for criminal charges,
n

we cr

Is IS N')T ON';' A MATTER FOR ,<ERS - BY H~ 0 OR BY BRAIN. IT NGE OF CITIZENS. ;ERNS A WIDE
any cour try whr

fu bly suppr ssssd A PF 'GRESS SUFFE Tl'lNS.

rhe right 10 strike is WHO SEEK SOCIAL SERIOUS LIMITA-

IN AUSTRALIA Tv, AY • STUDENTS, EDJCATIONALISTS AND OTHERS ARE SEEKING A MODERN IcDUCATION SYSTEM AND IMPROVEMENT IN CONDITIONS GENERALLY FOR YOUNG PEOPLE. OUR RELATIONS WITH THE U,S.A., AND COUNTRIES TO OUR NORTH ARE QU2STIONS ROUND WHICH AN IN· CREASING NUMBER OF PEOPLE ARE CONCERNED.

among the best organised advance in our country.

The

workers

in their

Trade

forces

Unions,

seeking

are

THAT WHICH LIMITS THIOIR ABILITY TO MAKE PROGRESS LIMITS ALL. The abolition of the PENAL POWERS AND THE INDUSTRIAL COURT will help all AUSTRALIANS GRESS. WHO DESIRE SOCIAL PRO-

Page 31

My release is a great victory for the workers, working. people anc re other democrats who have stood up against the shackling of ' ,rl,..,~<> struggle. I should like to congratulate everyone in Australia \" '" rn.'<> played and is playing a part in this magnificent struggle. I am ~fl"'c ';. that all workers remain adamant in their opposition to the penal 'QW'"," which are designed to suppress the workers. They will carry Jrl .8 struggle. My imprisonment and release were only a small part of iIIe much bigger question of oppression of the workers. I will try 10 ~~y my lull part in bringing it to an end. It is perfectly clear that the employers and their Governrner.t h',ve found a device to extricate themselves from the dilemma into which lI'e.y have not themselves by imprisoning me in an attempt to intimid~te be workers. Neither the Tramways Union nor I have paid one penny of the workers. Neither the Tramways Union nor I have paid One cent of the fines! nor will we ever do so. The infinite power of the workers when t'hey are really aroused has frightened the life out of tile Government and the employers. It will go on to greater victories. Therefore I am certain the workers working people and all democrats will continue the struggle lor the abolition of all penal powers. Australian workers have never before conducted such a magnificent struggle. Again. I feel certain that they will use the initiative they have displayed so far In this struggle to some much more radical social advance such as social services and pensions. ( Signed) C. L. O'SHEA.

I-

~.
t

(Statement released at 11.32 a.m. on May 21st, 1969, as he left Pen' ridge Gaol).

CLARRIE O'SHEA STEPS THROUGH THE GATES

OF PENTRIDGE ON MIW 21sl. 1969.

CONFRONTATION CONTINUE

WILL

In Melbourne the "27" Stewards and Dele ' called a Shop Again the at!endan~:tes dRallY On May 28th. very good. - an enthusiasm were In movmq Ihe . CARMICHAfoL told t~eSOIUtlo.n, Mr,
~ested

manding the complete r penal powers, epeal of the "We state that any protract: Clion , talks to secure the full reeal In the penal powers must be met 01 the force of the Australian T by the lull Movement." rade Union Similar rallies were held in so the stage was set for the other States the campaign. next moves in During June and July the dis ' tween the Government and In A cuss Ions beto produce any worth while p~o ,C.T,U_ failed the repeal of the powers, gress towards . On July 30th the A,C,T,U E cidec that factory meetings sh xecutrvs deas from August 11 th to enable ~~Id be held, tile to hear progress reports e rank and tions. on the negot,aThe Slates Trade and were to organise the meetin;abour Councils On the reaction to this d s', , Ken Carr has the last word e~,slon In Victoria "The Victonan Trades l-' our story. ed to Implement the A ~I~ Council failNot one meeting ,~, ,U, decision !~adership, was organised by its We of the 27 Unio decision to the full n~ I:arried out the We arranged about ~~ f e~tent possible, _ some extended b a .tory meetings and in others th evohd lunch hour ~~e day," e worxers stopped fo~ As was the e ' lound Iremendo:~enence in May, we Tand for the remo:ulPPod, for our deThe A,C,T,U. Exe a of the powers, factory meetings d~u~lve,&.5 well as the 10 advise the Gave orsron, also decided be In a position to rnment that it must the penal powers i report settlement of congress which ssue to the A,C T U ~Ih, opens on Septe';"be; As we have said ' this booklet shows many times, and as port throughout th' With massive supwe do not believe the Whole movement ~:vthere will suffice at an alteration her~ sid; :ranI the repeal of "If th he Act In total" the repressive be,overnmenl I 'I' Y the time the Co 81 s to agree to this ~~k~'~~nlIY look t~grr~s assembles, we ther th e necessary de/t, gathering to "Sin e demand lor r ISlons to I;ft furepea linedc:_ May only one Umon !," keep u ~hnd refused to has been Carr p e preSSure" pay - so let's

LAURIE
against

democracy for Iho

'IWhat

we are djS~U~eietlJi~: interests·, ....working

s n~ IS freedom and
class

the

The slruggle a ' against the essegn~~s~t'r: penal powers, and not just the' e penal powers deep into the hear1t appe~ra~ce, goes ~,othe heart of eXPlo~~a~aPltalist society, They are intended t k On, class in a submi,%iv~ eep the working be exploited throu - slal,e so they can burdened with hi9h9h Ihelr, wages, and turn goes 10 help ther taxation Which in "This struggle goes el monopolies. ploitation and the relo rthe h.eart of exemployers and em I a lonship . between drawn-out and 'IP oyees, So It will be sources of shopw~i requrre all the reto explain and arg~:ards and activists
workshops
u

MESSAGES OF SUPPORT AND ENCOURAGEMENT RECE'VED BY THE VICtORIAN BRANCH OF THE tRAMWAYS UN'ON DURING THE COURSE Of tHE PENAL· CLAUSE DISPUTE
NeW SQuth

Wales:
The Motor Omnibus Indus'

Wharfies, Ship side

Hamilton meetings

Central. of Vessels

Andros

& American on

Star Ve~sels FIA,

J.

(Harry) Employees' trlal

Richards.

Secrelary,

F. purse,
N.S.

~ed:era' Secreta.rY. Building Workers'

A5$ocia.tion

worKing in KamUion area. Watersidees. Clerks, Watchmen, working Sonoma and Sierra, Oal9,ety'S Wharf. WorKen, Hurne Steel, Bri$bane SIgned

BaSA,

out

the

issues

in

N_ Secretary, A.ustraHan Bullde.rs Lab";Jrers' FedaraUon. A'S~-,:;.tarJo' secrete'f sweeVlnsen, Seamen's llnion 01 u Aust;alia, [luetilig 3Qr 59-amen Sydney pic1o:.· P
centre,,~ ""Ollstn..lGtion \~<-~rboard Uni( It. Wor'kers i, Newc

Union (It AUS1rsHa. 'i3rancn, H. Cook. AJ.th,g,

AEU, L J. Riche~. SOLlth Bnsbane. 1969 Fed. conference, A'SSoclatiOn of Architects, En· g~neer5, SUfVClyors and Draughtsmen ot AU5trana. Ma.ss Mee:Hl1g u"lol1'5 atf~lia~ed QU8811slanLi Trades &.

The resolution . BROWN 1Furnishiwas seconded by MH W these sentences: ng Trades) and incl~deci "This meeting in n . are taking place w~:~n~hthat discussions ern ment about the ? Federal Govtnat Jhe penal powe legislation, insists for appearance onl~ mullst go. Changes enough and will n WI not be good ,,:orkers we re resot be acc~pted by the ctrcumstances p went, and In all of the agam ~bolition of the Ir:'du call for the We endorse Ihe stnal Court must nol pay aner~?OSal that all unions further propose til Ines. at all, and We attend the Induslri~: ~nlons should not pose that relates to theo~rt for any purArbitration Act anal Powers of 'e re-aff rm that 'an . ,st by confiscati~~",~n/roceeded or action again 0 unds, proecause of a d!: any union offithe penal 0 ermined onposl.u.iediatety suP wers, will be tully pported by industrial rmine that "'~S be held d regular lelegl urns and r eputatlons
esolunons
Page

.J..,P.M.

'Bota.ny. ~Ie ana Hunter f.lt~fY. . asue i,Qte'S ,aria

La'nollr counoil, Hanran ParK. TownsliH!@. Ray Preston, ",.a Cairns.

o,strlct

Wa1er~icle Workers FediHal10n of Australia. FremarlUe. represented at ForWocO DoWn'S PlY. ue., A,E.U. ShOP Steward. Fsdera,ed MI5c.ellan.eOLIs Workers Union, Membel's. Onion W.A, employed of W.A. State comrnlttee. at Ledger:ji,

Ouml;)re~l, GI i-Ileral S::' W~ls(jO. Sec -atary, N Cot.lnrlil, 50 1 Job 0 ",-_.,tcmn. Chaltl'lSn, M.a;.",

'Trades. and Labour a.rld Union Oflie~e.ls Unillersity Students'

All Un.IQr1S
Bentlev Membership

council. E, 'oleig.l Lace ~ /orkstlOf' 'w Dol and Basi WClrker ~.!QP Work Me.}ting Crt: Meeting r:t Striklfl federated Uq40r IndUE Comblne-d Jo'-, MeeUr.I:!. Fed.. se-men.
south Water Coast labour

-'om'bined Unions workers. ,i.S.W. SraT1ch :i,ilJers, Cockatoo DOc'Ic ana ');:,wslhouSe Workers. s Union, Soutt! Coast pvrmont Waterside Workers Clt:.,.\. WatcnmeT1ong . C "JIICI1, Woollong .

W.A. Boi'erma.,<eBrsflC'h.A.E.U. rs &. Welstlpool. Building Workers W_A. SOllermilkers communist party Gordon O'sttea.

Industrial Unlonof Australia,

Sydney May Day cone il'tea. SImon

Supply RaHway 'i'iorkshOPs. Townsend. Cot\:,cientiOus

Obleclo •

Chull

o1a . r Darwin Whole Wharfies .North Norto Aust. A\lSlt. wor1o:ers' Worken' Union. Union Water~

Qt.I'I!-ensland:
postal workera' BrOllnr:h, Ur.ion of AUi5HaUa,

side Section.
members),

MembershiP

(SaO

Darwin.

O'ld A.T. &. M.O,E,A. u-ncn 01 postal melks and lelegrBphlsts. A~s1r;alisn Seam€Cl'S Ur.i-oni Inrol,fa.lI. A glneerlng Un.ion, Town'Sv1lls. , Indus'..,. Emp,oyees' Union
eld Borthwick's Brisbane

souttl
Builders

AUlilfS111111

Membe,rs Mea,works.

La.bourers Federation.

I,.

factory elected sent de:

.=

Mess MBetll19, tr...... 'sfall s'On-ed Joseph. Goll1l'1s'ilUe worsers. colHn9\1llle. MeSS Meeting Aockharnpkon Unionists, ~oc~ha."p'on. Federal COllllCIl Meeting in Brisbane 01 -rransoort workers' Union of Australia •

COlls1itu &. Members or para A.l.P. Sutl-Bra i::h en1S Martin Nictlolls, M.H.R., Fadera.1 Mem'ner fO( Bon.ythan.
prove ....- Student OrganisatiOn,

f1

Adela1de.

Page

'3&

--

~-

Tasmania;
Den Jacob, T.R.1. 1914-18 War, HOl;larl Blanch, A.T, & M.O"E.A. F"erntl1!ls, Tas. AI opening Jim Cairns, Radio; of BendIgo ~-':~n'5 Seamen's ~ Seamen's

Canberril~
By~Elllcllon E. G. Whillam.

Union

Vletoti.; Australian Railways Unitm, Executive MeelJng 25.3.69.


Meal Workers Union. BiJlldlng & Melal Trades from Cres~o sfte, fia~tlngs. Melbourne Unrvel"sily Oempargn AgI.alnst Ocnscnpton. Monasn UniverSity LaDOr CrlHJ. .... stralian u Timber Workers Un.OIl. HOSprtilil Emproyees' l-eueranon of Ai.Jst.raJla. a"JtJt;Jmg WOrkers Industrjaj UnJOn cl Australia, Gombrned Unions Shoop Committee, NOr1h Melbourne Hail WOfkshop:s Me,55 MeeUng. James Ha(diL':!' &. co., Snep C~.mmmee ~A_E.U., Boiler-

01 AU91'81ia; Members crew SS "Hemi~ "Iron

Perth

lJnion Union

Darw?~Y~~d';O

Adelaide

~~~~e:~;~'
5S

members

Union memb~rs "~ulwarra." ~.adio ~ Seamen e Union members

MV "II.

~er;r~~~1 ~eAmbe(S
Port Adelaide Crew Uni(llll Deleqates. N.S.W. Sydiley,

~:~t'in&d

MarfHma Unions
'Troubrrdge."

"lfOrI
_

Crlppe~"

"Yarrunga" Union

Seam en 's "Seaway

makers, MWII. FEDf'A, Painters, Iron WOtli:@(S'. BrooklYIl.

Carpenjers and

Seamen's

Members

Croydon BranCh, Ausr, t.acor Party. 8srldlgo Ol'll'jslon, A.T. &. M.O_r:.A. Barlalat Traces &. Labour Goullcil. Benalgo Trades & Labour Council. Mis-Gflilaneous Workers Union. Australian Meal industry Employees Union. DIamond Creek Branch ALP.

carri~';t~'~,N.:'~~
Newcastle, lana." N.S.W.

~rJ~~ew MV "Jran(Ja."
-

Sydney Radio Crows Nest, "BiJkurra."

Seamen's

MV,"Lak~ Macq.f.Jarfe." Union Members

MT "CalMembers

N.S.W. -

Seamen's

Unfon

Mail:).

University Campaign MeJb. University.

against

Conscriplion

and New Zealand~ Transparl Authcrl, at Workers, Aucka..jew Zealand, with

MUnicJpal Employees Union Coles, Secretary. Melb. Branch, Young Labor Association. National Committee Union of Auat. Women. Stale Sec. & National President, Bill Webber, AUstrafia l--i1eilgnters Assoc. Retired Tlamwaymen's Association 01 Victoria. 8aHarat North- Workshops Employees, inter Unfon Shop Commfttee. E. T.U. Members at Bowater Scott. Metb Unr",ersly Re",oluLionary Lett. Portland Mambo-(s, Ausr. BUilders Labourers Fed. Aascc. Architects, EngmBlers, $ur'li'oS),Qrs 6.. Draftsmen Fed. Sec. AssCJt. Archilecas, Engineers, SurveyorS & Draftsmen V~C. Sec. The ConnOlly Association of Viclorl·<'t. Central Gippsland Trades &. Lab-cur Council. The Prahran Commune Ralph, Hausen, Val9fltroe Franks, OavJ McMullen, F!:jcll.ard 8uc!<i;{iaJe, Valerie Palmer, David Bjand, Peter Halsln, Acrean Desailly, larry Lacey, Helen l~cey. Jack Downey. retired trammie, SU{{ey HHrs. JIjY Porter Athenon, ex c-es. Upwey. W. Halliday, Tower Wagon Driver, COburg. Jack Kerfigan, Clayton.

N.Z. Tramways & Public Passenger ties Employees Industrial Union land BranCh. pelit~o4n

:r;:;;'t~~;~ets

in Auckland,

Drivers Umon, Dunedin, 111.2. Boilermakers FederaU.on. Crew of N.Z. Freigrller MV "Kararnu .. U N.Z.
Otago N.Z. NZ

"Kowhal."
Seamen's

Nalional

Seaman'$. Un'cn

Union

Merrlbers

of

the

MV

Members

veSSel

"Nhahere."

Canada; United Fishermen's &. AWel1 Workers'

un.cn,

VancouvEr.

El1glancf~

tm~rl~IU~~J!;i~~~O;:u~. General
Mr. Tom Barker (82 years Qld),

Worken,'

Union. England.

lOndon.

Parade, Prtnted by Automatic Printing compsflY, 1~~ Teleptlone.

Collingwoocl,

VIC

3066.

4~~~~1r6~