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Labor Council of NSW Annual Report 2003


Chris Christodoulou, Deputy Assistant Secretary Organising
Chris Christodoulou
Chris Christodoulou
Deputy Assistant Secretary - Organising

Chris had responsibility for a range of matters during 2003 including the Building and Construction Industry, the Secure Employment Test Case, assistance to the Rugby League Professionals Association, and a number of disputes which have arisen during the year.

Building and Construction Industry

To say this has been a watershed year in the building and construction industry would be an understatement. The building and construction unions, and in particular the CFMEU, have been under attack by the Howard Government with the establishment of the Building and Construction Taskforce, and the introduction of draconian legislation designed to attack the fundamental organising rights of the building unions here in NSW. Our response has been to continue to organise workers in this crucial sector of the economy.

Project Awards/Agreements

Chris, with the assistance of other Labor Council Officers, has negotiated over 25 Project Awards and Agreements on the following projects:

  • Holland/Lahey Joint Venture – Unions New South Wales Mid North Coast Correctional Centre Project Award 2002
  • Bondi Project Award
  • Lend Lease 126 Phillip Street Project Award
  • Lend Lease 30-38 Hickson Road Project Award
  • Lend Lease Cassons Building B Camellia Project Award
  • Lend Lease Inner West Health Centre Project Award
  • Lend Lease Jacksons Landing Development Project Award
  • Lend Lease ResMed Campus: Norwest Business Park Project Award
  • Hilton Hotel Refurbishment Project Award
  • Lend Lease Hotel Intercontinental Project Award
  • Mowlem City Quarter Stage 3 Camperdown Project Award
  • Contractors KENS Project Award
  • Lend Lease - Quad 3 Project Award
  • Lend Lease – Australia Square Refurbishment Project Award
  • Hochtief Joint Venture – Epping To Chatswood Underground Rail Tunnel Construction Project Award
  • Construction Group – Auburn Home Mega Mall Project Award
  • Mowlem Constructions Limited – Bullecourt Ultimo Project Award
  • Hornibrook Bilfinger & Berger Cross City Tunnel Civil Consent Award
  • Hornibrook Bilfinger & Berger Cross City Tunnel Mechanical & Electrical Project Award
  • Mowlem Constructions Limited – Montefiore Project Award
  • Holland Pty Ltd – Unions New South Wales – Asian Elephant Precinct Project Award
  • Constructions (NSW) Pty Ltd Latitude Project Construction Agreement
  • Group – Meta Apartments Project Agreement
  • Freeholds – Wentworth Hotel Refurbishment Project Agreement
  • Hornibrook Pty Limited – Westpoint Development Project Agreement
  • Constructions (NSW) Pty Ltd –King Street Wharf Site One Project Construction Agreement
  • Constructions (NSW) Pty Ltd – Oxford Square Project Construction Agreement
  • Constructions (NSW) Pty Ltd – Maroubra Bay Hotel Project Construction Agreement
  • Constructions (NSW) Pty Ltd – Beau Monde Project Construction Agreement

Collectively the Project awards/agreements cover over $4 billion worth of construction work in NSW. This has been a great result for the building and construction unions and the Labor Council alike.

AWU – CFMEU Demarcation

The Pact that the Building and Construction Unions entered into in 2002 was severely tested by a bitter demarcation dispute between the AWU and CFMEU in relation to the Parramatta to Chatswood Rail Tunnel. This dispute highlighted a major deficiency in the Pact. As a consequence of the dispute the Labor Council insisted that it would not put further resources into the civil construction sector until the two unions were prepared to work with each other.

To their credit, and following extensive negotiations under the auspices of the Labor Council, the AWU and CFMEU finally agreed to settle their differences in the civil construction area by allowing the Labor Council to arbitrate the remaining differences between the unions. This is a very significant outcome which has already paid dividends in securing some major collective agreements in the civil sector.

Civil Construction Benchmarks

This new-found relationship between the AWU and CFMEU has seen the Labor Council and the two unions establish new wages and conditions benchmarks in a number of project and enterprise bargaining agreements in the civil construction sector, particularly in the Cross City Tunnel Project Enterprise and Project Award, the Leightons AbiGroup Western Sydney Orbital Enterprise Agreement and the AbiGroup Civil Enterprise Agreement.

Application of Project Awards

Chris was also involved in establishing the application of project awards in NSW. A decision by Justice Walton in the Industrial Relations Commission of NSW in 2003, upheld a provision in project awards. This puts an obligation on the Principal Contractor to ensure that employees of subcontractors are not paid less than the minimum standards set out in a project award.

Deaths in the Building Industry


The tragic death of Joel Exner in 2003 was again a timely reminder about how dangerous work in the construction industry can be and the need to be continuously vigilant in terms of occupational health and safety.

Chris was directly involved in the negotiations with Australand to secure monetary compensation for Joel’s family and funeral benefits. Australand also agreed that in 2004 it would have all of their major projects under cover by project awards, enabling the unions and management to better monitor safety and subcontractors.

Building and Construction Industry Improvement Bill 2003


During the course of 2003, the Howard Government introduced the Building and Construction Industry Improvement Bill 2003. The Bill is nothing more than a further attempt by the Howard Government, in the lead up to the next Federal Election, to break the back of the construction unions and begin a further wave of legislative change to reduce the rights of workers in Australia. Chris co-ordinated the Labor Council’s lobbying of the cross benches to oppose the legislation and will be making submissions to the Senate Committee on this matter.

Department of Commerce Heritage and Building Section Dispute
Over the course of the year, Chris has made representations on behalf of the CFMEU with respect to the winding back of the above Department. At the time of writing the report, Chris had secured a further extension of work for six employees on temporary contracts. The Sections future will very much be influenced by the Department of Education’s Maintenance Taskforce Report. This will be an ongoing issue in 2004.
Department of Commerce Heritage and Building Section Dispute

Goulburn Correctional Centre Entitlements Dispute

During the course of the year Waller Constructions went into receivership whilst constructing extensions to Goulburn Correctional Centre. Over $1 million was left owing to subcontractors and workers.

Chris assisted the construction unions to ensure that no further construction took place at Goulburn Gaol until a settlement of the matter was reached.
Chris facilitated a number of meetings with Government and the matter was eventually settled with the workers receiving the bulk of their entitlements.

BHP KSS Dispute

During the year the Labor Council was requested by the AMWU, ETU and AWU Port Kembla to intervene in the BHP Port Kembla contracting out dispute with respect to Kembla Site Services. The dispute had been on going for almost 18 months and involved BHP contracting out its Kembla Site Services Department to Allied and Berkley Challenge. Following negotiations and Commission hearings, involving Chris, all employees affected by the contracting out were guaranteed employment and no reduction in wages and conditions.

Secure Employment Test Case

Chris has been co-ordinating the Labor Council’s Secure Employment Test Case assisted by Industrial Officer, Nancy Carl. The Case, which will be determined by the Industrial Relations Commission of NSW in 2004, is a watershed in determining whether real rights can be provided for the millions of casuals who have been forced into insecure employment.

Rugby League Professional Association Dispute/NRL

During the course of the year the Rugby League Professionals Association affiliated with the Labor Council and sought assistance in negotiating a Collective Agreement with the NRL and NRL Clubs.
The relationship between the players and the NRL reached a low point when the players threatened to boycott the Dally M Awards, which forced the NRL to cancel the awards.

Chris was involved in the negotiations, including a two-day negotiation conference with the NRL, which the Secretary of Labor Council co-chaired with Malcolm Noad, Chairman of the NRL Board.

It would be an understatement to say that this has, and continues to be, a challenging set of negotiations.

Whilst the parties have agreed on the majority of issues, a number of key outstanding matters are holding up the Collective Agreement. Chris will continue to assist in having these matters resolved in early 2004.

Five Star Linen Dispute

During the course of the year the Labor Council and the TCFUA campaigned publicly to expose the decision by the Department of Commerce and the Department of Health to import its linen from China. The decision to stop using NSW prisons and Australian made fabric cost 25 full-time textile jobs and placed further pressure on NSW prisons to find employment opportunities to help rehabilitate prisoners.

The dispute highlighted deficiencies in Government Procurement Policy. Whilst this dispute was not resolved to the satisfaction of unions, the ALP Conference unanimously adopted a procurement resolution, drafted by Chris, which attempts to stop such inappropriate decisions being made in the future. Work will commence in 2004 to have the Annual Conference resolution implemented by the state government.

When Workers Unite – banners, posters and badges Exhibition Wollongong

During 2003 Chris and the Labor Council librarian, Neale Towart, co-ordinated with the South Coast Labour Council an exhibition of Trade Union banners, posters and badges entitled “When Workers Unite” at Wollongong City Art Gallery. The exhibition was organised in Wollongong as part of the South Coast Labour Council’s 75th Anniversary celebrations.

State Election Campaign

During 2003 Chris was allocated to spend three weeks in the seat of Burrinjuck as part of our ongoing commitment to assist in targeted seats.

Other Responsibilities

Chris continues to play an active role on the following bodies:

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