Ucatt: 'ban waiver clauses'

Site workers are increasingly being pressurised into signing away their statutory employment rights in contract waiver clauses, according to construction union Ucatt.

The union says the widespread practice extends beyond signing waivers relating to the maximum 48-hour week and other provisions of the new Working Time Regulations. It also involves operatives being persuaded to give up their rights to statutory notice, redundancy, and sick pay.

"The practice of using waiver clauses should be outlawed," declares Ucatt in a written response to the report of Sir John Egan's construction Task Force.

Affirming its support for all moves to modernise construction, the union states: "We would like to see the development of new working relationships at all levels of industry which involve Ucatt and all the construction unions, clients, and contractors so that it becomes normal to have adequate consultation and negotiation on a range of bargaining issues in line with the best practice from other industries."

The document goes on to call for substantial increases in the quantity and quality of training. It suggests there is a particular need for better management and supervisor training - especially in relation to employment law.

"A significant section of construction appears to have no knowledge of employment law in this country and/or willingly ignores it," says Ucatt. "Based on an extrapolation from one of our region's figures, we expect to handle 300-400 industrial tribunals in 1998. These will cover very basic issues: illegal deductions from wages, failure to give notice, redundancy matters, and unfair dismissal.

"In addition, much of our Ucatt organisers' time will be spent settling these types of issues outside of tribunals. This is not modern industrial relations and is a significant source of wasted time and energy in the industry."

The Government, as a major client, is urged to take a lead in strengthening the industry's National Working Rule Agreement. Improved benefits should include an industry-wide pension scheme, plus sick pay based on average earnings, says the union.

It also calls for a scheme to ensure the payment of wages when firms go bankrupt.

On health and safety, Ucatt says the views of the site operative "are not being taken seriously and there is a general lack of sincerity about treating the workforce, represented by its trade unions, as an equal social partner."

It proposes the introduction of suitably trained roving safety representatives with the power to issue statutory, provisional improvement notices (PINs) - a system which operates in some Australian states.

The union says it is ironic that the Egan Task Force should come up with a recommendation that competitive tendering should be replaced by long-term partnering arrangements at a time when "local authority direct labour organisations are reeling from the effects of the compulsory competitive tendering regime which the Government still has not abolished."

It argues that DLOs should be free to compete for any work. And it is said to be "crucial" that DLOs should be involved in Egan's proposed best practice demonstration projects.

The union reiterates its demand for registration of contractors in parallel with the operative CSCS scheme. It says construction has not addressed the question of recruiting more women which "will require a major cultural change." It concludes that it has significantly changed its own culture by moving towards becoming a training provider and this approach "is one we have embraced fully and intend to develop."