News

CFMEU fight for right to call workers scabs

The CFMEU has taken a case to the High Court to be able to
use the term ‘scab’ during industrial action.

The case originally began during the long industrial action
which crippled BMA in 2012.

During strikes at the Norwich Park coal mine former miner Walter
Meacle was accused of abusing non-union worker Trevor Loader during strike
action.

Meacle was accused of yelling “scab c**t” at Loader and
jumping a barrier to give him “the finger” during industrial action.

After investigating the
incident BMA terminated Meacle’s employment, but he and the Construction, Forestry,
Mining, and Energy Union deny the event took place.

In the opening day of the Fair
Work court battle Meacle admitted to “yelling words at vehicles” but
denied specifically targeting Loader.

Meacle told the court Loader
fit his definition of a scab but he could not see a reason why BMA would
specifically dismiss him for strike action when thousands of workers had also
joined him.

Lawyers representing BMA and
Meacle spent three days arguing over whether the accused had done anything wrong.

The CFMEU’s lawyer Warren
Friend denied the allegations against Meacle, saying coarse language, such as
the word scab, was simply part of the picket line and therefore was protected from BMA’s code of conduct.

Similar incidents occurred last
year as well during industrial action at Energy Australia’s Yallourn Power
station, with one employee claiming the word ‘scab’ was spray-painted on his fence.

The use of the word scab has
now gone to the high court, with the CFMEU attempting to define it as protected
language.

Speaking to CFMEU
spokesperson Jackie Wood, she told Australian Mining the High Court case “is
about upholding workers’ rights to freedom of expression and participation in
legitimate and lawful industrial activity”.

“We argue the Fair Work Act allows workers to participate in protected
industrial activity in the pursuit of fair work arrangements without being
sacked for it.

“In this case, the worker in question was taking part in lawful
protected industrial activity, along with many others. We believe he was
targeted for sacking not because he was holding a sign but because he was a
union delegate,” Wood said.

“The word ‘scab’ is of common and historical use in Australian
industrial disputes.”

Wood went on to attack the original decision by BMA owner BHP to sack
Meacle, saying “in this case they have
used the excuse of a ‘code of conduct’ to put a worker out of a job”.

“We mustn’t allow big
corporations to further limit the rights and freedoms of Australian working
people. Allowing this sacking to stand would set a disturbing precedent.”

When BHP was contacted it declined
to comment, stating “as this matter is before the High Court it is not
appropriate for us to comment at this time”.

Leave a Reply

Send this to a friend