Document 31x85my2pprqQ31VG9ZzZxRD

FILE NAME: JH DATE: 1980 June 5 DOC#: JH023 DOCUMENT DESCRIPTION: Union Letter RE Asbestos Cement Industry Deed of Agreement - James Hardie & Co. Pty. Ltd the federated miscellaneous workers union walia federal council RG: JE Mr. Charles Levinson, Secretary General, International Federation of Energy and General Workers' P. 0. Box 277, CH-1211 GENEVA 19, SWITZERLAND. Chemical, Unions, Federal President C J PAPER Genera'Secretary R GiET2EiT Assurant Gen Sec H M ' TCh e h SUITE 1 =1ST FLOOR LABOR COUNCIL BUILDING 377-383 SU SSEX S T R E E T SYDNEY 2000 T E L E P H O N E : 61.9681 (2 LINES) June 5, yJLiA-^ Dear Charles, re: CLstl ASBESTOS CEMENT INDUSTRY DEED OF AGREEMENT - JAMES HARDIE & CO. PTY. LTD. Our organisation during 1979 negotiated a Deed of Agreement on behalf of our members employed in the states of New South Wales, Victoria and South Australia, providing for a Special Financial Benefit to be paid to members of our Union who are permanently disabled as a result of working in the asbestos cement industry and for the dependents of those of our members who are deceased. The Deed of Agreement in May of 1979 provided for the sum of $13,958.00 to be paid as a Special Financial Benefit, being additional t o ^ whatever Workers Compensation Entitlements were available to our members under the state law in New South Wales, Victoria and South Australia, and, I'point out, in addition to any claims which could be made against the employer by way of Common Law proceedings. We believe the Deed of Agreement is a significant break-through in establishing additional payments over and above legal entitlements to workers in Australia and we were able to prevail upon the New South Wales Labor Government to have the excellent facilities of the New South Wales Dust Diseases Board made available to our members domiciled in the states of Victoria and South Australia. The operation oifthe agreed upon S'cheme Obviates the unnecessarily long delays in Victoria and South Australia where our members have suffered delays of up to eighteen months from the time of making application for Workers Compensation Benefits. BRANCHES t NEW SOUTH W ALES * VICTORIA QUEENSLAND SOUTH AUSTRALIA TASMANIA W ESTERN AUSTRALIA Au str a lia n ca p ita l ter r ito r y NORTHERN TERRITORY IIs r 2. The Deed of Agreement provides for all employees or former employees, or their dependents, who either died from or are totally disabled by an asbestos induced disease provided the following criteria are met: 1. Any employee suffereing from or who died from the disease having been employed by James Hardie & Company on or after 5th December, 1973; 2. Any such employee referred to in Paragraph 1 who is or was Z. a member of the M.W.U. 3. A successful Workers Compensation or Dust Diseases Board claim is processed provided that no benefit shall apply to persons whose Workers Compensation claim was settled prior to 1st July, 1978. The Special Financial Benefit is a lump sum payment calculated as 50% of the death benefit entitlement under the Workers Compensation Acts in New South Wales, Victoria, South Australia, Western Australia and Queensland. At the time of signing the Deed the amount was $13,958.00, but since that time has now increased to $16,027.00. There is, however, provision for the lump sum amount to be prepaid in instalments where there is a delay in settling Workers Compensation claims. You will note from the enclosed Deed of Agreement the Agreement shall operate for a period of three years from 21st May, 1979. I would be interested in your comments in due course and would also be interested to know whether any such similar additional payments have been established by any of our affiliates involved in the asbestos and associated industries. Our organisation has commissioned an occupational hygienist employed by the Western Region Health Centre in Victoria to prepare a report on a study of occupational hygiene at asbestos cement plants in New South Wales, Victoria and South Australia. Mr. Noel Arnold, the occupational hygienist, is currently engaged on this project and a copy of the report will be forwarded to your office when available. I have requested the Assistant General Secretary, Harry Mitchell, to forward to you a suitable photograph as per your circular. With kind regards and best wishes. raternally, .''.j . > ........... '`'aArv*r.?. "-*4 i Encl<i jy V J - , ,'" -y, ^ , ,,, GENERAL SI TARY. ,