Confectionery Workers' Union Of Australia
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The Confectionery Workers' Union of Australia (CWUA) was an Australian trade union which existed between 1925 and 1992. Until 1986, it was known as the Federated Confectioners' Association of Australia (FCA). Throughout its existence, it represented factory workers in the
confectionery Confectionery is the Art (skill), art of making confections, or sweet foods. Confections are items that are rich in sugar and carbohydrates, although exact definitions are difficult. In general, however, confections are divided into two bro ...
industry, including a high proportion of women. It was also notable for its involvement in the landmark Dollar Sweets Dispute.


Background

During the late nineteenth and early twentieth centuries, confectionery production expanded dramatically in Australia. Large domestic companies such as MacRobertsons were established. After the
Federation of Australia The Federation of Australia was the process by which the six separate British self-governing colonies of Queensland, New South Wales, Victoria, Tasmania, South Australia (which also governed what is now the Northern Territory), and Wester ...
, these companies grew as they gained access to a national market. Later,
World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
saw Britain's share of the market decline rapidly as shipping lanes were disrupted. As the domestic industry grew, production became increasingly mechanised, and the composition of the workforce changed as a result. While in the 1880s, confectionery was a male-dominated industry, by 1900 women and girls accounted for about half of all confectionery workers. By 1920, they outnumbered men and boys two-to-one. Working conditions within the industry were generally poor at this time. While some employers such as
Macpherson Robertson Sir Macpherson Robertson Knight Commander of the Order of the British Empire, KBE (6 September 185920 August 1945) was an Australian philanthropist, entrepreneur and founder of chocolate and confectionery company ''MacRobertson's''. He was als ...
stood out for their support for reasonable working conditions and safety, there remained public concern over conditions within the industry as a whole. In 1917, the "sweating" (i.e. heavy exploitation) of women and girls in the confectionary industry was the subject of a
Royal Commission A royal commission is a major ad-hoc formal public inquiry into a defined issue in some monarchies. They have been held in the United Kingdom, Australia, Canada, New Zealand, Norway, Malaysia, Mauritius and Saudi Arabia. In republics an equi ...
.Brigden, 2014, p. 46. In response to these changes within the Australian confectionery industry, two important unions were formed. The first was the Female Confectioners' Union, which was formed in 1916 in response to many female unionists' perceptions that the male-dominated unions at the time were not adequately representing their interests. Another was the Federated Confectioners' Association of Australia (FCA), the CWUA's main predecessor, which was registered in 1925.


History


Formation of the Federated Confectioners' Union of Australia

The CWUA was originally registered as the Federated Confectioners' Association of Australia (FCA) in 1925, incorporating a number of predecessors including the NSW Confectioners Society and the NSW Journeymen Confectioners' Union. While attempts at unionising the industry have been recorded as early as 1880,Brigden, 2014, p. 45. the FCA was the first to establish a lasting organisation at the national level. Ideologically, the union was influenced by the debates of the day over the merits of forming " One Big Union".Brigden, 2014, 50ff. This idea was popularised in many countries by the revolutionary syndicalist IWW, but in Australia it had also gained traction within more conservative unions such as the
Australian Workers Union The Australian Workers' Union (AWU) is one of Australia's largest and oldest trade unions. It traces its origins to unions founded in the pastoral and mining industries in the late 1880s and it currently has approximately 80,000 members. Acc ...
. Adherents of the One Big Union school of thought argued that, as corporations became more powerful and centralised, labour unions ought to follow their example if they were to remain a serious force. However, the FCA's insistence on the One Big Union principle would become a source of tension with the Female Confectioners' Union, who until 1945 insisted on separate organising.


The Female Confectioners' Union

The Female Confectioners' Union was founded in
Victoria Victoria most commonly refers to: * Queen Victoria (1819–1901), Queen of the United Kingdom and Empress of India * Victoria (state), a state of Australia * Victoria, British Columbia, Canada, a provincial capital * Victoria, Seychelles, the capi ...
in 1916. It was one of several women's unions that emerged in Victoria following the success of the women's suffrage movement in 1908. It was formed as a result of concerns among female confectionery workers that the main trade union in the industry, the Victorian United Confectioners' Society, was not adequately representing their interests. While the workforce was by this stage composed predominantly of women and girls, the Victorian United Confectioners' Society remained male-dominated. A tipping point for female confectioners' frustrations came in 1914, when several male trade unionists signed off on a wage determination made by the Victorian Wages Boards which undermined pay and conditions for women in the industry. Isaac Johnston, a male trade unionist with no background in the industry, was elected as the women's union's first Secretary (although this was not an uncommon occurrence among similar unions at the time).Brigden, 2014, p. 47. All other positions were held by women. The bulk of the organisation's work was undertaken by
shop stewards A union representative, union steward, or shop steward is an employee of an organization or company who represents and defends the interests of their fellow employees as a trades/labour union member and official. Rank-and-file members of the un ...
and unelected rank-and-file members. Margaret Wearne, who would later become a key player in the advancement of women's rights in the trade union movement, was notable for her work as a shop steward in the union. At one point in time, she had managed to enrol 95% of female employees at the
MacRobertson's MacRobertson's, officially the MacRobertson's Steam Confectionery Works, was an Australian company that produced chocolates and various other confectionery. The company was founded in 1880 by Sir Macpherson Robertson and takes its name from a ...
factory in Melbourne. The union faced a variety of challenges. There was a rapid turnover of women in leadership roles within the union, in part due to the prevailing social norm that married women were to withdraw from the workforce. Between 1916 and 1922, thirty-four different women had been committee members, of whom only four were married.Brigden, 2013, p. 56. For the same reasons, the workforce in the sector as a whole was exceptionally young: 80% of female confectionery workers were younger than 25, and the vast majority of this group were between 10 and 19 years old. Furthermore, the women's union often came into conflict with the male-dominated confectionery unions. A particular point of tension was representation on the Victorian Wages Board, which determined wages in the sector. Male union delegates on the Wages Board, in line with common stereotypes, had a low estimation of women's ability to bargain for themselves. The women's union, on the contrary, feared that the men's union would fail to represent women's interests, a fear that was again vindicated in 1919 when male union representatives voted against an increase to women's wages in the sector. The situation was inflamed further by the fact that the men's union was represented by Isaac Johnston, who by this stage had been expelled from the Female Confectioners' Union due to accusations of inappropriate behaviour and financial impropriety. Notionally, the Female Confectioners' Union supported the concept of One Big Union, and at various times maintained a working relationship with the male-dominated confectionery unions. In 1925, it appeared that they would merge into the FCA; however, negotiations collapsed once again due to disagreements over women's representation on the Wages Board. The women's union would continue to organise separately for another two decades until their amalgamation with the FCA in 1945.


The Dollar Sweets Dispute

In 1985, the union became involved in an industrial and legal dispute with Dollar Sweets, a Victorian confectionery company. It has been regarded by many commentators as a landmark case. The dispute occurred against the backdrop of the
Prices and Incomes Accord The Prices and Incomes Accord (also known as The Accord, the ALP–ACTU Accord, or ACTU–Labor Accord) was a series of agreements between the Australian Labor Party (ALP) and the Australian Council of Trade Unions (ACTU), in effect from ...
, an agreement between the
ACTU The Australian Council of Trade Unions (ACTU), originally the Australasian Council of Trade Unions, is the largest peak body representing workers in Australia. It is a national trade union centre of 46 affiliated trade union, unions and eight t ...
and the
Australian Labor Party The Australian Labor Party (ALP), also known as the Labor Party or simply Labor, is the major Centre-left politics, centre-left List of political parties in Australia, political party in Australia and one of two Major party, major parties in Po ...
government led by
Bob Hawke Robert James Lee Hawke (9 December 1929 – 16 May 2019) was an Australian politician and trade unionist who served as the 23rd prime minister of Australia from 1983 to 1991. He held office as the Australian Labor Party, leader of the La ...
. The Accord was an attempt to steer Australia out of the
stagflation Stagflation is the combination of high inflation, stagnant economic growth, and elevated unemployment. The term ''stagflation'', a portmanteau of "stagnation" and "inflation," was popularized, and probably coined, by British politician Iain Mac ...
crisis that was affecting the world's industrialised economies at the time. The terms of the Accord stated that trade unions were to moderate their wage claims, and dictated a limited set of circumstances under which they could legally take industrial action; in return, the government promised that workers' wages would be centrally fixed and indexed to inflation. The FCA was among the few unions that had refused to sign the Accord. Many of these unions were associated with a small, hard-left faction of the Labor Party, of which the FCA's Victorian leader Carlo Frizziero was a member. In 1983, the owner of Dollar Sweets, Fred Stauder, offered his employees pay increases in line with those fixed centrally under the Accord, despite the fact that the union was not a formal signatory. The employees unanimously agreed.Peter Costello. ''In Search of the Magic Pudding: The Dollar Sweet
Story
'
Archived
19 July 2008 at the
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. Published by the H.R. Nicholls Society, Accessed 13 November 2020.
In 1985 union members at the Dollar Sweets factory requested a reduction of working hours from 38 to 36 per week without a reduction in pay. Stauder argued that this contravened the prior agreement, as it essentially functioned as a wage claim and therefore fell outside the terms of the Accord. Stauder then insisted that if his workers wished to maintain their existing conditions, they would have to sign a no-strike agreement; however, the majority of workers (15 out of 27) voted down this proposal. Stauder then fired the 15 workers that voted "no" and replaced them with non-union labour. The sacked workers established a round-the-clock picket of the site that lasted 143 days. The union abandoned the prospect of a reduction in hours, and demanded instead that the workers be reinstated. According to
Peter Costello Peter Howard Costello (born 14 August 1957) is an Australian businessman, lawyer and former politician who served as the treasurer of Australia in Howard government, government of John Howard from 1996 to 2007. He is the longest-serving trea ...
, who represented Stauder as a junior barrister during the dispute, the picketers employed a variety of militant tactics, obstructing not only workers who were trying to enter the site but also truck drivers who were attempting to deliver supplies. Telex lines to the building were cut, and telecom workers engaged in a
secondary boycott Secondary may refer to: Science and nature * Secondary emission, of particles ** Secondary electrons, electrons generated as ionization products * The secondary winding, or the electrical or electronic circuit connected to the secondary winding i ...
by refusing to cross the picket line to make repairs. In October, the
Conciliation and Arbitration Commission Conciliation is an alternative dispute resolution process whereby the parties to a dispute rely on a neutral third-party known as the conciliator, to assist them in solving their dispute. The conciliator, who may meet with the parties both sepa ...
ordered the workers to cease picketing. The dispute was accompanied by a long and bitter legal battle, resulting in the union paying $175,000 in damages to Dollar Sweets for financial losses incurred during the picket. Prior to the dispute, it was highly unusual for an Australian union to be compelled by
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
to pay financial compensation to a company. It therefore set an important legal precedent. Recognising its significance, many of the figures and institutions associated with the emerging New Right in Australia rallied around the dispute, providing Stauder with financial support, legal advice, and publicity. The Dollar Sweets company's legal costs were underwritten by the Melbourne Chamber of Commerce. Deputy-president of the Australian Chamber of Commerce Andrew Hay was a vocal public supporter of the company. The dispute also launched the political careers some of its key protagonists. Peter Costello, who supported Stauder legally throughout the dispute, would go on to become
Treasurer A treasurer is a person responsible for the financial operations of a government, business, or other organization. Government The treasury of a country is the department responsible for the country's economy, finance and revenue. The treasure ...
during the
Howard government The Howard government refers to the Government of Australia, federal executive government of Australia led by Prime Minister John Howard between 11 March 1996 and 3 December 2007. It was made up of members of the Liberal Party of Australia, Li ...
;
Michael Kroger Michael Norman Kroger (born 30 May 1957) is a former Australian lawyer. He was president of the Victorian Liberal Party from 1987 to 1992 and from 2015 to 2018, and is considered a member of the conservative faction. Early life Kroger was edu ...
, another lawyer, also achieved considerable influence within the
Liberal Party The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left. For example, while the political systems ...
. The dispute also affected the union's relationship with the ACTU and the Hawke Labor government. Both of the latter parties viewed the dispute as a threat to the integrity of the Accords, the ALP's economic strategy, and ultimately their own legitimacy. The ALP and the ACTU largely withheld support for the confectioner's union and publicly distanced themselves from the dispute, setting an example for other unions who may have otherwise considered deviating from the social contract outlined by the Accords. However, many ALP and trade union figures expressed alarm at the precedent set by the Supreme Court's decision to make the union pay damages.


Amalgamation and legacy

In 1986, the FCA changed their name to the Confectionery Workers Union of Australia. In 1992 CWUA merged with the Food Preservers Union of Australia to form the Confectionery Workers & Food Preservers Union of Australia. This new union then amalgamated with the Automotive Metals & Engineering Union in 1994 to form the Automotive Food Metals & Engineering Union, with former CWUA secretary Carlo Frizziero taking up leadership of the newly-formed Food and Confectionery Division. By 1995, this union had incorporated various other sectors under the banner of the Automotive Food Metals Engineering Printing & Kindred Industries Union, more commonly known as the Australian Manufacturing Workers Union (AMWU). Today, the AMWU retains a dedicated National Food Industry Committee that represents the interests of members working in the food and confectionery industries.


References


External links


Australian Trade Union Archives
Online Collection
AMWU
Official Website
ACTU
Official Website {{Feminism Defunct trade unions of Australia Trade unions established in 1925 Trade unions disestablished in 1992 Bakers' and confectioners' trade unions 1925 establishments in Australia Labour history of Australia Confectionery industry Feminist organisations in Australia