Introducing TCFUA Outworker Outreach officers

OutworkerNewsletter

A warm greeting towards outworkers from TCFUA Outworker Outreach Officers Ly Nguyen and Bi Yi Fang. We are here to provide information, answer questions, organise seminars and social activities for home-based TCF workers.

If you are a TCF outworker and would like information or support, please do not hesitant to contact Ly on 0409 234 802 (Vietnamese) or Bi Yi on 0458 963 498 (Mandarin). We are here to assist you.

Outworker wins back payAn outworker who had worked for more than 10 years and had been a member of the Union since they started working from their home, recently won a significant amount of backpay. One day they had a chance to talk to a Union officer and realised that they did not get their rights and other entitlements during the time they worked at home.

Even though they worked from home, they had workplace

rights including superannuation, annual leave, long service leave, public holidays, and over time. The Union chased the company and followed up all the paper work such as invoices, work records etc. With an effort of the Union as well as the worker’s patience, in November the TCFUA successfully negotiated back pay for years of unpaid annual leave, public holiday pay and overtime.

OuTWOrkers’ suCCesses

Year of the Tiger 2010The Chinese Year of the Tiger began on 14th February 2010

The Tiger is said to be lucky vivid, lively and engaging. Another attribute of the Tiger is his incredible bravery, evidenced in his willingness to engage in battle or his undying courage. Maybe he’s so brave because he is so lucky. But the Chinese say a Tiger having a Tiger in the house is the very best protection against the evils of fire, burglary.

Years of the Tiger

Tiger Years are third in the cycle and recur every twelfth year. The Chinese New Year does not fall on a specific date, so it is essential to check the calendar to find the exact date on which each Tiger year actually begins.

The sign of the tiger

Tigers do not find worth in power or money. They will be completely honest about how they feel and expect the same of you. On the other hand, they seek approval from peers and family. Generally, because of their charming personalities Tigers are well liked. Often, failing at a given task or being unproductive in his personal or professional life

can cause a Tiger to experience a depression. Criticism from loved ones can also generate this type of Tiger reaction. Still, like all felines, Tigers always land on their feet, ready for their next act in life, pursuing it with unyielding energy and hunting it infallibly.

Tigers are also incorrigibly competitive—they simply cannot pass up a challenge, especially when honour is at stake, or they are protecting those they love. Tigers are unpredictable and it would be unwise to underestimate their reactions. They may appear cool, but they have the Big Cat’s instincts to pounce at a moment’s warning. Natural leaders, they have a strong sense of their own dignity, and if they find themselves in the ranks, they can be stubborn and obstinate. In positions of power they can be difficult though stimulating bosses. Tigers are intelligent, alert, and farsighted. They have their fingers on the pulse. Good strategists and tacticians, they often have a hidden agenda. As long as they do not risk their luck too often, and keep their restless nature under control, their tactics usually pay off in life.

AUTUMN 2010

October 2009

Cooking lesson

The Union invited outworkers to two cooking sessions with a woman from Vietnamese Noodle Soup Restaurant who demonstrated how to cook some good and healthy dishes. There were two Vietnamese dishes demonstrated: Prawn Spring Rolls and Bun Rieu. One worker in Keilor Down expressed interest in more cooking sessions: “I am working at home so I really like to cook different and healthy food for me and my family members”. After cooking, we had lunch together and had some time to talk about our industry, and our work.

November 2009

Orchids show

A visit to an Orchids show at the Maribyrnong community centre was organised by the Union for outworkers in the Western suburbs. The outworkers to see a variety of beautiful orchids. Some orchids winning the contest were

displayed there. Outworkers were very excited to see some strange orchids and lots of photos were taken. After that, we came to the shop next to the display room where we could buy some orchids to plant at home. They discussed and asked questions how they could plant orchids well. After that, the outworkers spent some time with Matthew who is a TCF National Trainer to talk about the new laws. They had a good time and asked for updated information regarding to the new Textile Clothing and Footwear Award in 2010.

December 2009

Christmas lunch and Lunar New Year activities

In the end of the year, the TCFUA invited all outworkers together for a lunch in order for them to meet each other. Both Outworkers in Springvale and Western suburbs attended. They also took their children along to the lunch. They felt very happy because they had great time with people that have

the same jobs and same issues. They got to know each other, shared their working and family issues. We said good bye and wished everyone a great holiday break and a happy new year.

January 2010

Lunar new year

The TCFUA had two stalls for Lunar New Year Festival in St Albans and Springvale. Union officers and Ethical Clothing Australia officers were there to deliver fliers and information for outworkers. Thousands of fliers in English, Chinese and Vietnamese were delivered to people who came to the events.

> MarCh: Health information session

> JuNe: Energy saving information session with local council

> sepTeMBer: Orchid show in western suburb and Flower show in Springvale garden

> DeCeMBer: End of the year lunch in two areas

> LuNar NeW Year FesTIVaLs: Beginning of next year

You are welcome to attend our activities. If you need further information, please do not hesitant to contact Ly on 0409 234 802 (Vietnamese) or Bi Yi on 0458 963 498 (Mandarin). Our office telephone number is: (03) 9639 2955.

Outworker wins Superannuation and Work Cover

OuTWOrkers’ suCCesses

I have been living in Australia for 20 years. When I arrived in Melbourne, I did not know anything to do. I didn’t know English well. Therefore, I came to work for some Vietnamese clothing factories. I started learning sewing in one of the clothing factories. With a talent in sewing, I could make variety beautiful dresses and clothes for women.

My wife was sick so I had to take care of my family. I started picking work from the company to sew at home. This is quite good job in my point of view. My working

hours are flexible. I can look after my children, take them to school and pick them up.

However, I have to work more than 8 hours a day including holidays and weekend. One day, Union officers came to visit me and informed me all the working rights and entitlements. I knew that my payment and working conditions was not as good as factory workers. I did not have Work-cover and Superannuation.

My boss treated me as a contractor, so I had been told to pay these by myself. And then, I joined the TCF Union. I told them

about my working condition and payment as well as my rights at work. They said that “No. That’s not right. You should have more than that.

Let’s us talk to your boss without mentioning about this conversation”. After couple of weeks, I received my first Superannuation and Work-cover. I knew that the Union already helped me out. I started joining in Union activities.

I came to most of the activities such as Tulip festival, Cooking lesson, Orchid show and Christmas lunch. I found them

very useful for myself and my family. When my work was urgent, I asked my wife to come to some of the activities. After that she told me everything when she came back home. In short, I really want to say “thank you” to the Union members and their supports.

Now I feel more confident and happy to work from home. I know that the Union always beside me to support me when I am in need.

— According to a worker’s words

OuTWOrkers aCTIVITIes IN 2009

The TCFUA had some seminars and social networking activities for clothing outworkers in 2009. The activities were held monthly in some locations in Melbourne such as Springvale, Footscray and St. Albans.

June 2009

Melbourne/ Sydney Outworker exchange meetingIn June, the TCFUA invited four outworker activists from Sydney to share their experiences with outworkers here in Melbourne. The Sydney outworkers are part of the Outworker Advocates Group at Asian Women at Work—a very strong community group that works with TCFUA New South Wales and Fair Wear to support clothing outworkers. They have a meeting once a month in Sydney to share ideas, plan social activities, and help each other to overcome any obstacles in their work as well as their personal life. They write letters to principal companies and lobby politicians for better protection of outworkers’ wages and conditions. They were accompanied on their trip

to Melbourne by Asian Women at Work staff member and former outworker, Bich Thuy Pham.

Sydney told us their stories about how they build their stories about how they build their network and how they could improve their working conditions. They encouraged Melbourne outworkers to build a unionised network in order to help each other. It was great opportunity for outworkers to learn from each other.

August/September 2009

Health at work

At the end of August and early September, the TCFUA invited Hien Tran, former outworker and now health trainer at the Multicultural Centre for Women’s Health, to provide a seminar about Health at Work for clothing outworkers. At the seminar, Hien presented some of the cause of pain for sewing machinists, and suggested how to avoid pain in the back, wrist, arm and other places on the body.

Hien shared some tips for avoiding injuries, including:> Regularly swap between

different tasks (for example, sewing, over locking, hemming, pressing) and avoid doing repetitive actions for a long time—even if it takes a bit longer to finish the job

> Make sure the height of your table and chair are appropriate to your body height

Outworkers shared their own knowledge about protecting their health while working, but spoke about how tight deadliness and low prices create pressure to finish their work quickly. At the end of the seminar, we took some time to discuss these problems about work conditions. The union gave some updated information about outworkers’ rights and entitlements at work.

OuTWOrkers aCTIVITIes IN 2010

FOOTsCraY (started 1st March)Mondays 10.00am-1.00pm Footscray Library, 56 Paisley Street, FootscrayTeacher: Michèle Bisping

FITZrOY (started 1st March)Monday 5.00-7.00pmFitzroy Learning Network (back room) 3 Wood St, FitzroyTeacher: Hank Ferguson

presTON (started 1st March)Mondays 5.00-7.00pm Preston Neighbourhood House, 218 High St, Preston Teacher: Janet Lucas

sT aLBaNs (started 2nd March)Tuesdays 5.00-7.00pm Errington Community Centre (opposite Big Sam’s Market), Princess Street, St. AlbansTeacher: Michèle Bisping

LaLOr (started 2nd March)Tuesdays 5.00-7.00pm Lalor Living and Learning, 47A French St, LalorTeacher: Janet Lucas

suNshINe (started 3rd March)Wednesdays 6.30-8.30pm Old School Building, Level 1 Room B 17, VUT Sunshine Campus, 460 Ballarat Rd, SunshineTeacher: Hank Ferguson

FOOTsCraY (started 5th March)Fridays 2.00-5.00pm Footscray Library, 56 Paisley Street, FootscrayTeacher: Michèle Bisping

sT aLBaNs (started 5th March)Fridays 10.00am-1.00pm Errington Community Centre (opp Big Sam’s market) Princess Street, St. AlbansTeacher: Michèle Bisping

sprINGVaLe (starting soon)Wednesdays 5.00pm-7.00pmSpringvale Neighbourhood Literacy Centre16 Grace Park Ave, Springvale

Outworker Community Newsletter 32 Outworker Community Newsletter

TCFUA free English classes in 2010For TCF home-based and factory workers.

above: seminars about various topics are also held, such as this one in springvale about health at work.

above left: handing out information for outworkers at the Lunar New Year festival in springvale. above right: Outworkers and staff from the TCFUA and ethical Clothing australia enjoy a Christmas lunch.

please come to any of these classes. If you want more information please call 9639 2955. see you in class.

above: More outworker networking meetings, such as this one in Footscray, will be held regularly in 2010, so contact us to get involved.

A brief history of unionism in AustraliaThe idea of unionism was brought to Australia by the early British immigrant workers. In 1855 a campaign was launched in Sydney for an 8 hour day. This was won, but for only a few trades. In 1856, Melbourne building workers fought for, and won an 8 hour day for all trades in the building industry which effectively reduced the working week from 60 to 48 hours - a world first.

In 1882, the first union of women workers, the Tailoresses Union was formed in Melbourne and it succeeded in gaining improvements in tailoresses’ wages and working conditions. This union is one of the founding unions of what is today the Textile Clothing and Footwear Union of Australia (TCFUA). Women workers started to become more unionised at the start of the 20th century and unions have a long and proud history of defending the rights of working women. Unions also help to break down barriers – they unite workers and create a community so that workers don’t feel isolated and fearful of employers.

In Australia, unions are organised by workers and are independent from government. Australian unions are made by workers, for workers. The TCFUA assists and helps its members to be their voice, especially for isolated outworkers who need support due to barriers of culture and language. United we stand.

Happy New Year from TCF UnionHappy New Year! On behalf of the Textile Clothing and Footwear Union of Australia I hope this year of the Tiger brings you, your family and community strength and courage.

This year we have a new National Law and minimum standards called the National Employment Standards for all workers including every outworker. Our union wants to make sure that these laws are not just words on a page for outworkers – but that they are real and enforced and deliver better pay and conditions for workers who work at home.

I hope you enjoy this newsletter and encourage you to be part of the growing network of outworkers who are part of our union.

In unity,Michele O’Neil TCFUA National Sectary and Vic Branch Sectary

Outworkers vs contractorsQuite often in our industry, the bosses insist that outworkers get an Australian Business Number before giving them any work.

Bosses also tell outworkers that they are contractors not employees. Do you know why? Because the employers try to

avoid providing proper pay and entitlements for outworkers under Australian law in this way. The followings are examples

about the difference of pay and entitlements between outworkers and contractors.

Example 1 Presser working 56 hours per week (8 hours per day/ 7 days per week)

Currently receiving per week (ContraCtor)The presser receives $7.50 per hour. Based on the hours above, he is only receiving $420 average gross weekly income; and> no award entitlements received> all equipment, electricity and work space supplied and paid for by the

worker As a Contractor, his total weekly income = $420.00 Based on the hours the presser worker’s gross annual income is $21,840.00

What the presser should receive per week (outWorker)Based on the minimum rate of pay as at January 2010 skill level 2 = $15.34 38 hours = $582.90 Overtime = 5 hours at time and one half rate = $115.05 Overtime = 13 hours at double time = $398.84 As a outworker total income = $1096.79

+ annual leave, long service leave, Superannuation and Workcover

Based on the hours the presser worked the gross annual income would be $57,033.00

4 Outworker Community Newsletter

Textile Clothing Footwear Union of Australia (Vic Branch)359 Exhibition St, Melbourne 3000email: info@tcfvic.org.au phone: 03 9639 2955 fax: 03 9639 2944 web: www.tcfua.org.au

For further information about outworker networking activities or your rights at work contact the TCFUA.

Ethical Clothing Australia is a joint union-business initiative that assists the local clothing industry to ensure Australian workers receive fair wages and decent conditions. It does this through an accreditation and labeling system to provides consumers with a way to identify and support ethically-made Australian clothing. For further information, visit our website at: www.ethicalclothingaustralia.org.au

This publication was funded by the Commonwealth of Australia as represented by the Commonwealth Department of Education, Employment and Workplace Relations.

Example 2 Husband & wife machinists working 70 hours per week (10 hours per day/ 7 days a week)

Currently receiving per week (ContraCtor)The machinists receive $5 per hour each. Based on the hours above they are receiving $350 average gross weekly income each, and > no award entitlements received> all equipment, electricity and work space supplied and paid for by the

worker

Based on the hours worked by the machinist, the gross annual income is $18,200.00

What the machinists should receive per week (outWorker)Based on the minimum rate of pay as at January 2010 skill level 2 = $15.34 38 hours = $582.90 Overtime = 12 hours at time and one half rate = $276.12 Overtime = 20 hours at double time = $613.60 As a outworker total income = $1471.72

+ annual leave, long service leave, Superannuation and Workcover

Based on the hours worked by the machinist, the gross annual income per machinist is $76,529.00