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Labor Council of NSW Annual Report 2002

Contents

The Labor Council is the peak body of trade unions in NSW with 75 affiliated trade unions, representing over 800,000 workers throughout NSW.

This is the fourth of Labor Council’s Annual Reports published exclusively on the Internet. A HTML and PDF version can be found at http://council.labor.net.au/annual_reports/.

Below you will find links to the various sections of the report including an overview of the activities of the officers and departments of the Council.

The report also includes additional information such as significant events of 2001, guest speakers to weekly Labor Council meetings, Scrolls of Honour, Motions of Condolence, and a listing of 2001 office holders.

The Secretary, John Robertson’s report
John Robertson
John Robertson
Secretary

2002 was the second consecutive year that union membership increased in real terms in New South Wales. The continued growth has been achieved through the hard work and efforts of unions implementing strategies to empower and activate new and existing members. Labor Council’s focus throughout 2002 was on assisting unions with a series of campaigns aimed at building the union movement in New South Wales.

This was achieved through the various activities undertaken by the Officers of the Council during 2002, all of which are detailed in the body of this report.

Organising

In January 2002 Labor Council appointed Adam Kerslake as Director of Organising. Adam had previously worked for the ACTU Organising Centre and the Electrical Trades Union. His skills have ensured that Labor Council continues to drive the changes required to assist unions organising for growth in membership and that our affiliates have access to the most up to date techniques in organising.

Labor Council continued to underwrite the operation of the Organising Centre in 2002 in various ways including the provision of accommodation in the Labor Council Building.

Thursday night meetings increasingly became a forum where affiliates provided reports to the Council on organising and industrial campaigns they have undertaken. The meetings were regularly addressed by rank and file activists and delegates from a broad range of industries on the issues they were confronting in their workplace. The meetings provided an opportunity for rank and file members to seek the support of other unions in their campaigns and further develop their skills as rank and file leaders.

Labor Council worked in conjunction with the Rail Tram & Bus Union, Association of Professional Engineers & Managers Association, Australian Workers Union, Electrical Trades Union and Australian Services Union – Services Division to run the “Keep Our Railway Together” campaign in opposition to a Federal Government proposal to take control of track maintenance from the New South Wales Government. The campaign focused on the involvement of rank and file members employed by the Rail Infrastructure Corporation in rural New South Wales through a series of events held during the last quarter of 2002. The campaign is intended to be continued throughout 2003 as a key component of a broader organising campaign in the Rail Infrastructure Corporation.

Towards the end of 2002 Labor Council embarked on the development of an ambitious industry organising project for the building and construction industry involving the Australian Workers’ Union, the Construction, Forestry, Mining and Energy Union, the Electrical Trades Union, the Plumbers Union and the Transport Workers’ Union. If this pilot proves to be a success, Labor Council will look to develop other such projects in 2003 with other affiliates.

Labor Council held a delegates seminar at Penrith in November. The seminar was focused on training delegates on the new occupational health and safety regime introduced in New South Wales and how delegates could organise new members. The majority of affiliates had delegates attend with over 550 delegates in attendance. Based on the success of this first seminar it is intended to have an annual seminar targeting delegates and providing them with the opportunity to exchange ideas on how to organise and activate their work colleagues.

Labor Council also launched its UnionSafe campaign aimed at providing up to date information on occupational health and safety to organisers and delegates.

Industrial Relations Commission of NSW Centenary

The Industrial Relations Commission of New South Wales celebrated its centenary in 2002 with a special sitting of the Commission that was addressed by the Labor Council, Employers First and other representative organisations. In addressing the special sitting of the Commission Labor Council’s submission highlighted the many decisions of the Commission that have had a lasting impact on working conditions in New South Wales including:

  • The introduction of universal holiday pay
  • Provision of long service leave
  • Redundancy rights
  • The recent pay equity case.


Labor Council also participated in other activities that celebrated the role the Commission has played in its 100 years maintaining the living standards of working people in New South Wales.

Labor Media

In 2002 the Labor Council sold Labor Media for $2.1 million to World Media. The sale occurred after Labor Media incurred losses over the two years it operated AM 1620 2KM in excess of $1.1 million. The decision to sell was carried unanimously by a meeting of the Council and ensured the losses were recovered.

Labor Council’s internet broadcaster Wobbly Radio continued through 2002. In the last quarter of 2002 community broadcaster Free Broadcast incorporated (FBi) agreed to takeover the site and maintain the content and its quality as part of a sponsorship arrangement that will recognise the Labor Council and provide an ability to participate in the activities of FBi.

Trades Hall

In December 2002 the Trades Hall Association, a committee of the Labor Council, appointed a project manager to oversee the refurbishment of the Trades Hall. The project manager will liaise with the builder and ensure that the Trades Hall Association’s interests are best served during the planning and refurbishment of the building. As part of the refurbishment of Trades Hall it is intended to maintain the significant heritage items in the building and to have a photo essay carried out from the commencement of the work to ensure a record of all the work is maintained for the future.

Rallies

In 2002 the Labor Council assisted and supported numerous rallies organised by affiliates including:

TCFUA - Fair Wear Rally outside the Gucci store as part of a campaign against the exploitation of workers

  • Building & Construction Unions rally against the Cole Royal Commission
  • Ribs and Rump Restaurant in support of exploited workers on visas from South Africa

Labor 4 Refugees rallies seeking to change the Federal Government and the Australian Labor Party policy on the treatment and detention of asylum seekers

May Day Song Competition

As part of the activities undertaken by the Labor Council throughout 2002, a song competition was launched through Wobbly Radio to find a new union song. The objective behind this competition was to use current music styles to get the message of trade unionism to a younger audience.

Over 100 entries were received for the competition and the finalists were invited to play at the May Day Dinner held at South Sydney Leagues Club.

The winner was a performer called SwarmyG and the lyrics to the song titled “May Day May Day” contained a very powerful message of modern society and how unions were part of the solution to many of these problems.

Subsequently the Labor Council produced a CD with 15 of the best entries received in the contest. Labor Council intends to make this an annual event.

Executive Planning Day

Labor Council held a planning day for the Executive of Labor Council in August 2002 to continue the development and implementation of strategies that were consistent with the expectations and needs of affiliated unions. One of the main focuses of the day was to highlight new and innovative methods of organising being applied in Australia and the United States of America. As part of the planning day presentations were made by ACCIRT, the SDA, the ACTU along with a number of Labor Council Officers.

A number of proposal were developed for implementation in 2003 including:

  • Establishment of an internal research capacity at Labor Council
  • Closer relationships and better resourced regional labour councils
  • Increased union representation on the Labor Council Executive

Regional Councils

In October 2002 Labor Council commenced discussions with the South Coast Labour Council on how the two organisations could work more closely together and the possibility of some form of integration. These discussions are anticipated to continue in 2003.

The approach adopted in the discussions with the South Coast Labour Council has been consistent with the philosophy of the proposal from the Executive Planning day held in August 2002.

In addition Labor Council worked with a number of the regional trades and labour council’s during the “Keep Our Railway Together” campaign throughout New South Wales. The assistance provided by the regional trades and labour councils was invaluable and added to the success of the rallies held in the many townships in New South Wales.

Community Activities

The Labor Council increased its community activities in 2002.

Labor Council was involved in the promotion of the “Kids At Risk” programme run by TAFE at Chullora and was present when a presentation was made by the teachers to the Minister for Education, the Honourable John Watkins MLA.

In addition Labor Council and a number of affiliated unions participated in the Palm Sunday march and rally. The march was held in silence to support changes to Australia’s refugee policy and then a rally was held at Prince Alfred Park and was addressed by numerous speakers including the Secretary.

Labor Council also established a dialogue with the Lebanese Muslim Association as part of its work in building a broad network of links with the community. It is hoped to build on this relationship during 2003.

International Solidarity

Labor Council continued its support for human rights and the re-establishment of democracy in Burma. As part of this continued support the Council maintained the provision of office accommodation to the Burma Office.

Labor Council also continued in 2002 to assist Polisario, the group leading the struggle for self-determination in Western Sahara against the Moroccan Government. Polisario is represented in Australia.

In November 2002 a delegation from the Labor Council led by Vice President Barry Johnson attended the Annual General Meeting of Rengo Tokyo. Also attending were Maurie O’Sullivan from the Public Service Association, Bob Hayden from the Rail, Tram and Bus Union and Mary Yaager from the Labor Council.

In December 2002 Labor Council met with the Secretary of the New Zealand Council of Trade Unions. As part of the discussion it was agreed to develop a closer relationship with regular exchanges of dialogue and information.

Finances
Jeff Priestly
Jeff Priestly
Financial Controller

The results for the year to 30th June 2002 reflect the impact of a full year of operations of Labor Media Pty Limited. As reported earlier, the company was sold for $2.1 million and this amount recouped all costs sustained and produced a sizable surplus.

The Management Account continues to subsidize the Property Account. It should be noted that income received on property assets owned by the Labor Council are also reflected in the Wireless Committee. In the Management Account sustentation fees increased by $75,331.00 due to CPI increases. Total income was $36,557.00 lower than the previous year, reflecting reductions in internal interest and management fee receipts.

Expenditure has increased by $461,412.00 due mainly to payments to the Organising Centre $123,900.00, the Sky Channel broadcast $57,476.00 contract services of $83,379.00 and rent and electricity paid to the Property Account $51,554.00.

In the Property Account income increased by $134,686.00 and expenditure increased by $155,595.00. Expenditure increase was partly due to refurbishment of all foyers at the Labor Council Building. This building continues to be fully tenanted. Total surplus for the year was $813,685.00.

Wireless Committee income was $114,644.00 less than the previous year of $1,952.113.00. This reflects rent of offices and transmitter previously charged to 2KY. Expenditure is $186,567.00 over previous year due to legal fees of $96,753.00 and depreciation of $44,313.00. Surplus for the year was $1,205,523.00.

The Currawong Account recorded a deficit of $12,091.00 compared to a deficit for the previous year of $59,645.00.

Affiliations

At the end of 2002 Labor Council received correspondence from the Australian Manufacturing Workers Union, General Division and TSA Division advising that they were seeking to re-affiliate in 2003.

Research

In 2002 the Labor Council continued its joint funding, with the ACTU, of research conducted by the Australian Centre for Industrial Relations, Research and Training into industries for potential membership growth. The research provides the foundations for a more strategic approach to organising in the future and debunks many of the myths associated with the decline in union densities.

Labor Council also continued with the survey through the Australian Centre for Industrial Relations, Research and Training on the Quality of Working Life Index. The index sets a benchmark to assess workers views on work related matters and its impact on family life.

Boards

The Secretary sat on the following Boards and Committees:

Energy Australia

WorkCover Authority

Infrastructure Council

  • Combined Union Housing Co-operative

Parramatta Stadium Trust

  • Building & Construction Industry Long Service Payments Corporation

Mark Lennon, Assistant Secretary
Mark Lennon
Mark Lennon
Assistant Secretary

Assistant Secretary, Mark Lennon’s year consisted of industrial, political, trustee and administrative work.

Industrial

Mark was directly involved in two major cases before the Industrial Relations Commission (IRC) in 2002.

The first was the Union Dues test case, which ran in March and April. In the case the Labor Council was seeking that a clause be inserted into a number of major awards that would compel an employer to deduct an employee’s union dues and forward them to his or her union at the employees request. The case arose as a consequence of a change in the provisions of the Industrial Relations Act and a decision by a single commissioner, which granted these rights to a group of workers in Cobar.

There was some initial success prior to the case’s commencement when the State Government consented to the clause being inserted into its awards. The case itself was conducted by Jeff Shaw QC for the Labor Council. It ran for six days and involved hearing evidence from some 16 witnesses. At the close of the year the IRC found in favour of the unions. The decision is significant as in grants members a right to have their union dues paid in a convenient and expeditious manner and it ensures that employers cannot remove payroll deductions arbitrarily.

Mark also conducted the State Wage Case together with Industrial Officer Nancy Carl this year. The case ran in May and, after all the parties consented, the Industrial Relations Commission decide to flow the full $ 18 increase awarded by the Federal Commission onto NSW workers. The only issue of contention amongst the parties was the method of payment of the increase with the Labor Council arguing that it should be by way of a general order as a means of addressing the lagging awards issue. The Commission was not in agreement with this view however it put in place a system to monitor the flow of the increase to State Awards as a means of tracking lagging awards.

Legislative Changes

There were several changes proposed to NSW industrial legislation during the year and Mark coordinated the negotiations on the part of the Labor Council.

The first of these were over proposed changes to s. 106, the unfair contract provisions of the Industrial Relations Act. The Government had proposed in 2001 that there would be substantial changes to the provision, which in the unions view would have rendered the section ineffective. When negotiations recommenced this year the Government tabled a revised proposal, which essentially kept the substantive provisions of the section intact. The key change was limiting access to the provision to those individuals whose total remuneration package is $200,000 or less.

Towards the end of the year negotiations took place regarding other changes to the Industrial Relations Act as part of the Act’s five-year review. The major change proposed was to the unfair dismissal provisions. In particular changes were proposed to put an increased emphasis on reinstatement as the primary remedy. Owing to a lack of consensus amongst the industrial parties only part of the reforms, those relating to the operation of industrial agents in unfair dismissal matters, proceeded to legislation. It is anticipated that the other reforms will go before Parliament in the middle of 2003.

Electricity

In the electricity industry in 2002 Mark conducted for negotiations over the future of Pacific Power International the engineering and consulting arm of the NSW electricity industry.

In March the Government determined, despite opposition from the unions, to offer the organisation for sale to the private sector. Discussions then centred on the conditions and entitlements to cover employees as a consequence of the sale. After extensive talks a Memorandum of Understanding was negotiated by the unions and Government late in the year.

The key elements of the package included no forced transfers to the new owner, no forced redundancies and the opportunity for those who seek redeployment into other areas of the public service to have a six-month trial of any new position. The Government announced in December that Pacific Power International had been sold to the engineering firm, Connell Wagner.

Superannuation

There was a significant victory for public sector unions in superannuation with the Government agreeing that employees who are on maternity leave or adoption leave will have their superannuation contributions paid into First State Super, the State Government’s accumulation fund.

The other major issue was the question of superable salary for employees under the State Government’s defined benefit schemes. With many public sector organisations now moving to various annualised salary packages the question had been raised as to what is salary for superannuation purposes. A working party with the Premiers Department has been formed to consider this matter and report in 2003.

The State Government also proposed during the year that the members of the State Superannuation Scheme who were employed by the electricity and generation companies move to the Energy Industry Superannuation Scheme (EISS).

There was a deal of concern amongst the membership about the proposal not because of any concerns about the fund itself but because of fears about the loss of any Government guarantee of benefits particularly for those in the defined benefits scheme.

As a consequence of lobbying by the unions the Government reconsidered its position and late in the year decided not to proceed with the transfer.

Trades Hall

In the lead up to the redevelopment of the Trades Hall, Mark was responsible for overseeing the acquisition by Labor Council of all the shares in the Trades Hall. Having purchased 800,000 shares in Trades Hall in 2001, Labor Council in 2002 sought to take up the remaining shares by the process of compulsory acquisition. The process was a complex one under the Corporations Law, which involved Labor Council getting an independent valuation of the Trades Hall to determine whether the price being offered for the shares was fair.

The work also involved tidying up the share register as many of the shareholding unions were no longer in existence because of amalgamations and mergers. Some of the unions that still held shares on the register included the Coal Lumpers and the Wicker Workers Union.

The acquisition was successfully completed in June.

Forests

Mark conducted negotiations with the Government over concerns by members employed in State Forests that further land would be handed over to the National Parks and Wildlife Service thereby impacting on jobs. Meetings were held with both the Minister for Forests and the Minister for Planning to express the unions’ concerns. The point the unions sought to make is that the Regional Forests Agreements process conducted over the last five years was meant to have brought certainty to the industry and that the talk of handing over further land to the National Parks was only bringing unnecessary instability to the industry.

Other Responsibilities

Mark continued in the role as Chairperson of the Funeral Industry Council of NSW in 2002. During the year, the Council made some significant steps in its endeavours to have the industry better regulated. The Minister for Health agreed that there should be an accreditation system set up for the industry. The actual scheme is still being formulated but it will allow for disreputable practitioners to be removed from the industry.

The Council also made some significant breakthroughs with OHS matters in the industry including the development of a cradle for the carrying of coffins.

The work of the OHS Officer, Mary Yaager, in these matters was greatly appreciated by the Funeral Industry Council.

In 2002 Mark was appointed as the Labor Council’s representative on the State Government’s Rugby World Cup Taskforce. The Taskforce was set up to oversee the running of the Rugby World Cup which is to take place in October /November 2003. It will be the most significant event in Australia since the Olympic Games. It is intended that there be finalised a Memorandum of Understanding early in 2003 with the State Government and the Australian Rugby Union that would contain a commitment by the parties to run the World Cup in accordance with appropriate industrial relations practices.

Mark remained a board member of Chifley Financial Services throughout the year. Chifley had its first full year under its new ownership structure and looks set to prosper in the coming 12 months with a number of new financial products being developed.

Mark continued to have responsibility for the Australian Trade Union at Harvard Foundation. In 2002 the Foundation celebrated its 25th anniversary having been established in 1977. Two participants, Michael Gadiel and Joan Lemaire, were selected by the Foundation to attend the 2003 program, which brings to over 80 the number of participants the Foundation has supported over its 25 year history.

Mark Lennon remained a member of the boards of ASSET Super, the Industrials Supplies Office and the State Transit Authority in 2002. He was also the office manager for the Labor Council.

Chris Christodoulou, Deputy Assistant Secretary Organising
Chris Christodolou
Chris Christodolou
Deputy Assistant Secretary Organising

Chris was involved in a range of activities during 2002, including responsibility for the building and construction industry, labour hire matters, and contracting and compliance issues with Department of Public Works and Services.

Building & Construction Industry

During the year Chris, along with Adam Kerslake, have concentrated their efforts in implementing a far-reaching agenda, which was set in place by building and construction union secretaries in November 2001. Building and Construction unions are the CFMEU, ETU, Plumbers, AMWU, AWU and TWU. The agenda amongst other things included:

  • Forming a PACT amongst building unions.
  • Rolling out a new Project Award Template on major construction sites.
  • Assisting the Building & Construction unions achieve shorter hours through their EBA round (Build A Life Campaign).
  • Increasing delegate and officials awareness of the threat of the non-union sector through education and training.
  • Continuing to explore non-compliance issues in the building industry particularly on Government jobs.


When one considers how ambitious this agenda was (particularly in an environment where the Howard Government’s Royal Commission into the Building Industry loomed as a real political and industrial threat to the unions) the results thus far have been very good.

For his part, Chris was involved in the following:

a) The Building & Construction Unions Pact

The Pact was a crucial element in getting each of the unions to work more closely together. The Pact was never going to resolve all the issues that have sometimes divided the Unions in the past, however it has been particularly helpful in commercial building sector where the CFMEU and ETU have formed a very potent industrial alliance.

Chris has continued to work at resolving demarcation issues, particularly in civil construction between the AWU and CFMEU. This longstanding matter has plagued the industry for over a decade and resolution will not be easy.

To the credit of all unions (CFMEU, ETU, Plumbers, AWU, TWU and AMWU) they have contributed a total of $15,000 towards the campaigns associated with the Pact.

b) Project Award Template

All the Building & Construction Unions have worked closely together to implement a new Project Award Template, which the unions collectively designed earlier this year under the Labor Council’s guidance. The Template sets new standards in delegates’ rights, superannuation, redundancy, immigration, death cover and compliance.

The Project Award Template or hybrids, thereof have been implemented this year on a range of major sites including:

  • No. 1 Margaret Street
  • No. 1 Fire Station
  • Pfizer Administration Site
  • Erina Fair Shopping Centre
  • George Street Moonfare Project
  • Kempsey Gaol
  • Westfields Bondi Junction
  • Wetherill Park Shopping Centre
  • Gazebo Hotel Project
  • Dilwinia Correctional Centre


In addition, after lengthy negotiations with the Master Builders Association (MBA), the Office of the Employee Advocate and John Hollands, a Federal Government Project version of the Template was agreed for the Lucas Heights facility.

A number of companies including Walters, Lend Lease, Multiplex and Grocon have agreed, in principle, to implement key aspects of the Project Template Award for major building sites in 2003.

c) Build A Life Campaign

The “Build A Life” campaign has been the centrepiece of the Building and Construction Union EBA round.

Most EBAs expired in October 2002. Many building unions and, in particular, the CFMEU and ETU have secured the introduction of a 36 hour week plus a 12% wage increase over a three year period with a range of companies. The 36 hour week will be implemented in the form of 6 long weekends a year where building workers will enjoy a paid Saturday, Sunday, Monday (Public Holiday) and RDO Tuesday off as part of these long weekend breaks.

During the course of the negotiations and industrial campaign, Chris has been involved in Commission Conferences and Master Builders Association discussions to assist the parties.

At the time of writing this report over 5,000 building workers have secured their EBA agreement with the campaign continuing into 2003.

d) Compliance Issues

Once again the Labor Council was requested to highlight non-compliance in the building and construction industry.

A number of significant disputes involving construction unions were brought to the State Government’s attention including disputes with subcontractors working for Hansen & Yuncken, Multiplex and Lipman Pty Ltd. The CFMEU’s exposure of the immigration scam involving South African labour and the death of workers at Lake Cargelligo highlights the need for an all of Government approach to the building industry.

The State Government has recently announced measures to improve compliance in terms of payroll tax and WorkCover premiums. However time will tell whether it has a real effect on the industry. In addition, the Labor Council co-ordinated a unions response to the redevelopment of the NSW Building Code of Conduct during 2002.

e) Building Industry Royal Commission

During 2002 the Building Industry Royal Commission came to New South Wales. Labor Council deliberately played a minimum role in the proceedings so that our resources weren’t diverted from our campaign and industrial agenda. However, Labor Council supported and organized a number of rallies outside the Commission.

f) Major Project Disputes

i) Walsh Bay

The largest building site in Sydney, Walsh Bay, was subjected to industrial disputes as building workers sought to review the site agreement to improve parking, site allowances, superannuation, death cover, delegates rights and immigration compliance.

The Labor Council co-ordinated the negotiations and a satisfactory outcome was finally won following four weeks of negotiations.

ii) Westfields Bondi Junction

Westfield - Bondi Junction was another major dispute during the course of the year, which saw industrial action taken in support of a new project award including a site allowance and the introduction of shutdown weekends consistent with the “Build A Life Campaign”. Again the campaign was successful and Labor Council played an important role in facilitating the negotiations.

Memorandum of Understanding – Department of Public Works & Services

In April of last year a Memorandum of Understanding was finally signed off with Minister Iemma, which commits the government, and, in particular, the DPWS to only do business with companies who comply with all employment and related laws. This agreement has taken over twelve (12) months to negotiate and recognizes the role of the unions in ensuring companies abide by the law. Labor Council hopes that in 2003 affiliates take advantage of the MOU to expose any companies, which do not comply.

Local Government Memorandum of Understanding

Following the arrangements set with the DPWS the Labor Council has embarked upon a plan to have a similar MOU with key local councils in the Sydney Region.

Holroyd Council has been the first to sign up. The Labor Council, MEU and other contracting unions intend to secure similar agreements in 2003.

National Rugby League Dispute

The TCFUA were successful during 2002 in signing an historic agreement with the National Rugby League (NRL) over the production of Licensed Goods eg: football jerseys. The Labor Council assisted during the course of the negotiations and will continue to play a role as requested by the TCFUA to ensure all licensees of the NRL comply with the newly signed agreement.

Labor Hire

During the course of the year Chris, along with representatives from the CFMEU and NUW have participated in a Department of Industrial Relations Working Party to try and reach agreement on a licensing regime for the labor hire industry.

In addition, Council has foreshadowed a test case with respect to regulating the labor hire industry with a view to securing host employer rates of pay and conditions for labour hire employees. Preliminary work has been done and a final decision on both the Test Case and form of regulation we support or campaign for will be taken in 2003.

Ribs ‘n’ Rumps Immigration Scandal

Last year we highlighted the inappropriate use of Business Visas with respect to seven stonemasons at a Hindu Temple in Helensburgh. The issue of the inappropriate use of visas continued throughout 2002 and was highlighted by the action taken by the CFMEU and the Labor Council against the Ribs ‘n’ Rumps Seafood Restaurant chain on Sydney’s North Shore.

Other Responsibilities

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

Sydney Olympic Park Authority

Wollongong Sportsground Trust

  • Correctional Services Industry Consultative Council

NSW Construction Roundtable

  • Building Apprentices Training Limited (BATL)


Alison Peters, Deputy Assistant Secretary Community Affairs
Alison Peters
 Alison Peters
Deputy Assistant Secretary Community Affairs

Equity and diversity has been a key theme of Alison’s work during 2002. Our movement is a reflection of the diversity in our society and unions have long recognised the importance of ensuring that the specific needs of different groups of workers are addressed to enhance fairness and equality in workplaces and in our broader communities.

Maternity Leave

A major union equity campaign has been seeking to achieve a national scheme for Paid Maternity Leave. This has been a significant issue for many years but the campaign was given a higher profile during the year with an inquiry into the issue being conducted by the Sex Discrimination Commissioner, Pru Goward. Alison was involved in arranging meetings and forums of unions, women’s and other community groups to discuss the issue and to develop a coordinated response to the many issues raised by the Inquiry. Alison also researched and drafted Labor Council’s submission to the Inquiry in consultation with affiliates and the ACTU and was involved in briefing the NSW Government on the union movement’s position.

The Inquiry has resulted in the report “A Time To Value” which has recommended the Federal Government implement a national scheme of Paid Maternity Leave. While not recommending all that the Labor Council sought, the proposal contained in the Report addresses many issues faced by working families and would be a most welcome and significant step forward. Alison will continue working with unions and women’s groups to see the recommendations of the Report implemented.

Work and Family

The Paid Maternity Leave Inquiry has also helped to highlight the growing importance of work and family initiatives. Balancing work and family responsibilities is a major issue for working people and the union movement has been at the forefront in developing innovative and practical responses. Alison has participated in and spoken at a number of community and academic forums that have developed greater understanding of the issues and the barriers to achieving a better balance between work and other facets of people’s lives. She continues to provide advice to unions on developments, both legal and industrial.

With Nancy Carl, Alison has been responsible for pursuing the flow on of the Federal reasonable hours test case standard to NSW which will give workers covered by State Awards greater say over their working time by allowing them the right to refuse working unreasonable amounts of overtime. Alison has also liaised with the ACTU regarding their forthcoming Work and Family Test case and coordinated the provision of information to affiliates about the associated campaign.

Workers Out Conference

Alison was also an active member of the organising Committee for the Workers Out! Second World Conference of Lesbian and Gay Trade Unionists, which was held in Sydney in November. This very successful conference had over 160 participants from every continent representing a wide range of industries and occupations and was supported by the ICFTU and nine out of the 10 global union federations. The conference dealt with the very real discrimination still faced by lesbian, gay, bisexual , transgender and intersex (LGBTI) workers and developed strategies to address this. The Conference resolution called on all unions, peak union organisations and global union federations to work on the elimination of discrimination based on sexual orientation, gender identity and gender expression.

Community Organisations

Alison has continued her work in building and maintaining alliances with a wide variety of community organisations and groups. This has involved meeting with and addressing a wide range of community organisations and groups throughout the year about unions, our campaigns and our work to achieve a fair and decent society. This work has seen a better understanding of the links between the labor movement and other groups. As a result there has been a greater level of involvement by union members in broader community campaigns and events such as the Palm Sunday march, International Women’s Day march, Mardi Gras Fair Day and Parade, Walk Against the War and the Fair Trade rally. Union support of such campaigns and events is entirely consistent with our objectives of improving the quality of lives for working people and their families by ensuring fairness and decency are maintained as core principles in our society. Our participation also builds our relationship with other community organisations, which is critical to building broad community support for workers’ issues and the union movement.

Of particular interest has been Labor Council’s involvement in the Community Builders Project on assessing corporate sustainability together with the Total Environment Centre, NCOSS and the Australian Consumers Association. This project, where Alison is representing Labor Council, is looking at developing a set of principles and indicators capable of measuring progress towards corporate sustainability that takes into account employment, environmental, consumer and broader community considerations. The project will not only provide a useful tool for unions in their organising campaigns but forges links with the broader community and facilitates a better understanding of our respective priorities and how they all fit together.

Other Responsibilities

Alison’s other significant work during the year included :-

  • Convened the Labor Council Women’s Committee which meets bi-monthly and coordinated the annual women’s’ dinner
  • Arranged a forum on pay equity to discuss progressing campaigns in light of the “Librarians, Library Technicians and Archivists” decision and continued to provide advice to unions on pay equity issues
  • Following the ACTU’s conference on workers with disabilities, instigated a meeting between unions and peak disability organisations to discuss how we can work together to meet the needs of workers with disabilities
  • Convened with Amanda Tattersall meetings of unions to develop an anti racism campaign in conjunction with community and religious groups
  • Met with delegations and individuals from Cambodia, Brazil, Revolutionary Association of Women of Afghanistan (RAWA), Colombia, Philippines, Great Britain and Burma
  • Finalised and arranged the launch of the Anti Discrimination Board’s Guidelines for Union Representatives


Alison represented the Labor Council on the following Boards and Committees :-

ACTU Women’s Committee

Australian Centre for Co-operative Research and Development Board

NSW Capacity Building for NGO’s Project Reference Group

  • NSW Co-operative Council
  • NSW Migrant Skills Qualification Advisory Committee

NSW Privacy Advisory Committee

Sydney University Work and Organisational Studies Advisory Board

Sydney Water Corporation and its subsidiary Australian Water Technologies

United Way (Sydney)

  • Women’s Health at Work

Working Women’s Centre

Michael Gadiel, Deputy Assistant Secretary Industrial
Michael Gadiel
Michael Gadiel
Deputy Assistant Secretary Industrial

In 2002 Michael commenced the process of transitioning away from the transport portfolio passing his responsibilities in this area to Alison Peters and Mark Morey.

He took up new responsibilities in the Energy Sector from Mark Lennon and continued with his duties in State Transit, health, training policy and information technology.

Rail

ARTC

The Australian Rail Track Corporation (ARTC) manages rail track infrastructure in South Australia, Victoria and Western Australia. The company is headquartered in South Australia and owned by the Federal Government.

The Federal Government has backed a proposal by the ARTC to the NSW Government to take over the NSW rural Interstate and Hunter rail lines. This proposal is currently under consideration by the NSW Government.

The Labor Council and rail unions are opposing the ARTC takeover because they propose to contract out rail track maintenance work to the private sector. This would result in a loss of 1,500 rail jobs located mainly in rural and regional areas of the State.

Under the proposal the ARTC would impose their own rules and standards regarding safety and network management on the track under their control. This would result in two safety systems within the NSW network – contrary to the recommendations of Justice McInerney’s Inquiry into the Glenbrook disaster.

Michael, assisted by Mark Morey, coordinated the “Keep Our Railway Together” rail union campaign against the ARTC proposal. The campaign involved a program of regional stop work meetings and community rallies. The campaign included a truck displaying a campaign banner as a backdrop and media focus at each of the rallies. Where possible, the rallies were complimented by viewings of the film “The Navigators”.

The film highlights the similarities between the ARTC proposal and the British rail experience, which followed a similar path of privatisations and contracting out of track maintenance culminating in the Ladbroke Grove and Hatfield rail disasters.

The campaign supported by the regional labor councils attracted significant local media attention and has put the issue on the agenda in the bush. The local rallies were attended by over 2,500 workers, families and community members and gained significant community support.

The NSW Government has indicated that in its current form the ARTC proposal is inadequate in terms of safety, financial arrangements and employment security. However they have afforded the ARTC the opportunity to improve their proposal to address the various deficiencies.

The rail unions will continue the campaign in 2003 highlighting the shortcomings of the ARTC’s offer and the affect that job losses would have on rail towns.


Rail Infrastructure Corporation

In 2002 Michael, with the assistance of Mark Morey, coordinated the single bargaining unit for the Rail Infrastructure Corporation (RIC) Enterprise Agreement negotiations.

This agreement was of particular importance since it sought to bring the working conditions of all employees under a single instrument, following the formation of RIC by the amalgamation of Rail Services Australia (RSA) and the Rail Access Corporation (RAC). Further, the EBA sought to lock in place the framework agreements reached with the Government in 2001 through the Change Management Steering Committee.

In particular, the agreement reflects the commitment from Government that “Contestability and Outsourcing should not be used to drive cost efficiencies through the rail business”. The EBA commits the unions and management to agree on appropriate benchmarks and to work cooperatively to achieve the agreed outcomes as a more effective mechanism for achieving efficiencies.

The two-year agreement was settled without industrial action, and provides for general wage increases of four percent for each year. In the infrastructure area, the agreement also adopted a full competency based classification system with automatic progression up the wage levels based on an individual’s actual skills.

Michael has now passed responsibility for this area to Mark Morey.

SRA

Michael continued to fulfil the ongoing role of the Labor Council in terms of assisting with the resolution of disputes. In 2002 Michael dealt with disputes in relation to Revenue Protection rosters, the Electrical Trouble Office, driver only operation, use of temporary employees, proposed sale of pre-encoded tickets, Equipment Examiners and the Fire Protection Service.

In 2002 Michael coordinated the single bargaining unit in the SRA EBA negotiations. Extensive negotiations resulted in agreement – without industrial action. The EBA, registered under the Workplace Relations Act runs for two years with an eight percent increase over that period. It also includes provisions on union delegates rights and a contracting/outsourcing protocol.

Michael has now passed responsibility for this area to Alison Peters.

Pacific National

Following the co-sale of FreightCorp and National Rail the new amalgamated company owned by a consortium headed by Chris Corrigan was re-named Pacific National.

Michael was heavily involved in the negotiations for an eight-month rollover of the EBA applying to the former FreightCorp component of the new company (Pacific National (NSW) Pty Ltd). The rollover would bring the expiry dates of the two sides of the business into line at 16 February 2003.

In negotiations with Pacific National it emerged that the company was seeking more than a rollover of the previous agreement – tabling a range of “workplace initiatives” they claimed would be needed to offset any wage increase. The company complicated negotiations by seeking a consolidated industrial instrument, comprehensively defining all the conditions of employment and explicitly setting aside all previous agreements.

In the negotiations the Labor Council paid particular attention to the provisions of the agreement reflecting the “transition package” with the NSW Government including the superannuation and employment protection provisions – ensuring that they were properly reflected in the new agreement.

Following a difficult negotiation, an agreement was reached with Pacific National for an eight month EBA with a 2.5% (backdated) general wage increase. The real challenge for the Pacific National unions is now the 2003 agreement covering all employees of the enterprise.

Michael has now passed responsibility for this area to Alison Peters.

STA

In 2001 Michael continued to maintain responsibility for the State Transit Authority, which included his role as the mediator in disputes under the Dispute Settlement Procedure. Such disputes included rostering at North Sydney depot, roster changes at Newcastle depot, Newcastle depot re-routing, Newcastle Radio Room, Customer Service Coordinator rosters.

Michael assisted the RTBU (Bus & Tram Division) in their wages dispute, leading to a 48-hour stoppage in pursuit of their claim for a 27% wage increase over three years. The dispute gained significant momentum because the bus operators had come off the back of an agreement providing for 6% over the previous two years and needed a larger wage increase to maintain parity with the rest of the public transport sector. Furthermore, recent rationalisation of bus rosters had resulted in significant reduction in take-home pay for many workers.

Michael assisted in the dispute by organising meetings with Government, attending Commission hearings and addressing the stop-work rally at Wentworth Park. The dispute was eventually settled with the membership voting to accept an agreement providing for a 10% wage increase over two years. As a result of the dispute the union achieved a significant concession from STA – an income protection provision, limiting the impact of roster changes on driver take-home pay.

Union Management Course

Michael attended the three-week “Union Management Course” run by the ACTU Organising Centre at Currawong. In attending this course Michael was trained in media skills, financial management and organising.

Training

Withdrawal of ITAB Funding

In the 2002 Budget, the Federal Government cut funding for State Industry Training Advisory Bodies (ITABS). For NSW this meant that the $3 million in Federal funding to NSW ITABs was effectively withdrawn. Because most ITABs rely solely on Government funding, this resulted in a number of ITABs closing their doors.

Michael coordinated the union representations to the Minister for Education, Hon. John Watkins, seeking additional funding from the NSW Government to make-up the shortfall. Unfortunately, despite the unions making a strong case in favour of renewed funding the government indicated that it was not in a position to make an exception to their general policy of not replacing funding that has been withdrawn by the Federal Government.

As a result, the funding for NSW ITABs has been cut by two-thirds. It is not clear how many will be able to continue with this level of funding, or how effective they will be in fulfilling their full range of functions.

In response to this crisis the NSW Government has established a high-level tripartite industry forum to advise government on training matters. Into 2003 the Labor Council will continue to advocate for ITABs and will work to pressure all levels of government to restore the previous levels of funding.

Committees and Working Parties

In the training area Michael represented the Labor Council on the Property Services ITAB Board, the Board of Studies VET Advisory Committee and the Department of Education and Training’s VET Consultative Committee. Michael is also a member of the Vocational Training Tribunal.

Michael resigned from the Migrant Skills and Qualifications Committee and has been replaced by Alison Peters.

Information Technology

LaborNET

With the addition of the ACTU and the New Zealand Council of Trade Unions, LaborNET is now unquestioningly the largest clustering of trade union information in Australasia. New sites include the Bosswatch site and the new OH&S site UnionSafe.

Michael, assisted by Paul Howes, Susan Sheather and Glen Hugo, has overseen the Labor Council’s online activities – with steady and continuous improvements in the site’s functionality and presentation.

The most recent addition to LaborNET is the National Union Online Directory. Employing a Lightweight Directory Application Protocol (LDAP) database this has been set up as a directory capable of referencing every union in the country. The LDAP technology has been chosen because it has become the standard for online directories and is capable of linking with other online directories. Furthermore the data may be exported and re-presented in any desirable form.

The Labor Council has approached the ACTU and the other State Labor Councils to take over control of the other state and national sections of the database. The successful implementation of this directory will ensure that a worker wanting to join a union can find the organisation they are looking for quickly and simply – online.

IT Workers Alliance

Michael, assisted by Susan Sheather, has continued to convene the IT Workers Alliance Steering Committee to oversee the operation of the IT Workers Alliance website.

The website has attracted significant interest from the IT community and provides a unique forum for debate on workplace issues in the IT industry. In 2002 the site has referred over two hundred workers to their relevant union and has continued to be a valuable source of leads for organising campaigns.

Email Privacy

In 2002 NSW Law Reform Commission released its long awaited report into surveillance. The report contained a wide range of recommendations in relation to workplace surveillance. In particular the report recommends the extension of the principles of the Workplace Video Surveillance Act to all forms of workplace electronic surveillance, including the monitoring of email and Internet usage.

The application of these principles would prohibit the covert surveillance of employees in the absence of a Magistrates Warrant and would require 14 days notice to the affected employees in the case of overt surveillance.

In lobbying the Government to implement the report, Michael led a Labor Council delegation to see the Attorney General, the Hon. Bob Debus. Furthermore, Michael has acted as the Labor Council spokesperson in this area speaking at forums and conferences gaining considerable coverage for the issue in the IT media.

Labor Council Online

In 2002 the Labor Council’s official website “Labor Council Online” has become the most popular site on LaborNET, with extensive resources for unions, organisers and delegates.

The site contains a vast range of information including meeting details, submissions, minutes, circulars and events – reflecting the majority of the Labor Council’s activities online.

In 2003 the site will be further upgraded to provide additional functionality such as the ability for unions to nominate the manner in which the Labor Council communicates with them – email, facsimile or both. The functionality will also be extended to allow attachments to circulars to also be placed on the site.

Power Industry

Delta

Michael has recently taken up responsibility in this area from Mark Lennon.

The current award expires on 11 March 2003. Michael has coordinated the establishment of the single bargaining unit, the commencement of initial discussions with management and the development and adoption of a combined unions log of claims.

A timetable of meetings has been set down for the New Year with a view to reaching agreement before the expiry of the current award.

Transgrid

Michael has recently taken up responsibility in this area from Mark Lennon. To date, he has assisted the unions by coordinating the Level 1 Consultative Committee Meetings.

Negotiations for the new Award begin in 2003.

May Day

In his role as the Labor Council representative to the May Day Committee, Michael was elected Vice-President. The Committee, coordinated by the Secretary, Sean Chaffer successfully organised this year’s May Day march, rally and toast.

Breaking with tradition, as previously reported, the Labor Council sponsored the union anthem competition as part of the May Day activities, offering a $5,000 prize to the winning entrant. Swarmy G.

The traditional ceremonies were complemented by the live performances from the competition finalists, providing a more contemporary focus for May Day.

Principles of Enterprise Agreements (Bargaining Fees)

Michael had carriage for the Principles of Enterprise Agreements Case before the Full Bench of the NSW Industrial Relations Commission.

Consent with the employers was achieved on all matters other than the issue of the inclusion of bargaining agents’ fees in Enterprise Agreements. Following the successful registration of a number of Enterprise Agreements containing provisions for bargaining agents’ fees, the National Electrical Contractors Association and Employers First sought arbitration for the Commission to adopt a principle specifically excluding such provisions from registered agreements.

The Labor Council engaged Jones Staff & Co to brief Jeff Shaw QC and Adam Hatcher to represent the unions in the proceedings. Michael was responsible for liaising with affiliates, collecting material for evidence and researching authorities that assisted with the case.

On Thursday 19 December the Full Bench handed down its decision, allowing the inclusion of provisions for bargaining fees in NSW Enterprise Agreements therefore establishing NSW as the first jurisdiction in Australia to unambiguously sanction the use of such arrangements.

Mary Yaager, Workers Compensation and Occupational Health and Safety Coordinator
Mary Yaager
Mary Yaager
Workers Compensation and Occupational Health and Safety Coordinator

Mary retained her responsibilities for the coordination and development of Labor Council’s policies on:

  • Workers compensation
  • Rehabilitation
  • Occupational Health and Safety (OHS)
  • Youth Occupational Health and Safety


In addition to this, Mary also retained the responsibility for coordinating organising campaigns in Rural and Regional areas.

Development of Training Packages

The Labor Council received government funding through the WorkCover Legislative Assist Funding Program to assist unions to educate their delegates and members on the recent reforms to workers compensation and occupational health and safety. Mary developed a number of generic and comprehensive training modules on workers compensation for unions to adapt and roll out in their specific industry. The six separate modules were:

  • What is workers compensation?
  • Who and how workers are covered by compensation?
  • Easy guide to benefits
  • Easy guide to other entitlements, including rights to reinstatement
  • Dispute resolution
  • Easy guide to injury management.


In addition, Mary also developed a separate condensed component of all of the above modules for unions to use as a lunch and learn module.

Similarly through the WorkCover Legislative Assist Funding Program Mary developed a number of comprehensive generic training modules on occupational health and safety for unions to adapt to their specific industry. The five separate modules were:

  • Easy guide to the OHS Act 2000
  • Easy Guide to the OHS Regulation 2001
  • Risk Management
  • Consultation
  • Powers of authorised representatives of unions and associations


In addition, Mary also developed a separate component, which focused on how to use occupational health and safety as an organising tool in the workplace.

Train the Trainer and Organising Around OHS Workshops

After the training modules were developed and approved by WorkCover, Mary conducted a number of Train the Trainer seminars for all union organisers.

Mary, with Labor Council Officers, Mark Morey, Susan Sheather, Michael Gadiel and Rivet Media carried out a number of ‘Organising Around OHS’ workshops throughout the year for union organisers and their delegates. Mary conducted these workshops in Orange, Newcastle, Wollongong, Parkes, Tamworth, Wagga Wagga, Penrith, as well as Sydney. Mary identified the potential for a number of hot OHS issues arising out of these workshops and is working with a number of unions to pursue organising opportunities.

OHS and Workers Compensation Booklets

Mary produced an easy guide for union representatives on workers compensation and occupational health and safety in a pocket sized booklet.

The booklet contains information on:

  • How to make a claim
  • Return to work rights and obligations
  • What benefits an injured worker is entitled to
  • Employers obligations on the Duty To Consult
  • OHS Representatives and Committees
  • Risk Assessments – identifying, assessing and controlling
  • Employer’s and employees obligations

“Hands up for Safety” Leaflet

As from September the 1st 2002, under the new OHS laws workplaces can elect individual safety representatives. The new OHS Regulation 2001 provides powers to unions to be part of the process and also to conduct the election of these representatives. Mary therefore designed a leaflet for the union organisers to use in their individual campaigns for recruiting members or delegates to become OHS representatives.

Nurses OHS Campaign – “Let’s Care for Ourselves too!”

After running an OHS Workshop in the Mid West of the State, Mary quickly recognised the potential for an OHS campaign with the Nurses.

Labor Council Officers, Mark Morey and Tara De Boehmler (Rivet Media) worked with Mary in conjunction with the Nurses Association to conduct OHS campaign workshops for delegates in the Mid West Health in September 2002. This involved delegates from all of the different hospitals and nursing homes in the region. A number of workshops were held which involved the delegates developing the campaign strategy and materials i.e. leaflets, surveys, flyers, petitions and the campaign slogans. It also provided them with skills for dealing with the media i.e. preparing media releases and a media strategy for the campaign. The purpose was to build delegate structures and their confidence in organising and campaigning.

During the workshops the delegates developed:

  • The Campaign slogan “Lets care for ourselves too”.
  • The Campaign strategy - to hold a weeklong OHS awareness week under the slogan.
  • A plan to get all nurses, patients and visitors to wear a badge in support of the campaign.
  • Material to be handed out to members about the campaign and asking them to attend a workshop.
  • A leaflet to be handed out to all patients during the campaign.
  • A survey of the top five OHS issues in the individuals workplace.
  • A media strategy for the whole week so that all the areas in the region were covered.


The campaign was held in the week commencing the 21st of October and was a great success. The delegates ran the whole campaign and the media coverage was sensational.

As a follow up Mary, with other Labor Council Officers and our media unit, will compile a Campaign Manual for unions to modify. The manual will include a collection of campaign material, which has been developed by unions in campaigns.

Future OHS Campaigns

The feedback form the delegates was so positive that the Labor Council, with the Health Industry Unions will run a number of OHS Campaigns throughout a number of different regions in 2003.

Mary will also be working with other unions to identify organising opportunities around OHS.

UnionSafe Logo

The Labor Council made a decision that all occupational health and safety material should be branded with an easily recognisable and marketable logo. Mary conducted a number of focus groups comprising of union members and delegates to develop ideas for slogans. The focus groups came up with a number of different slogans and these were then tested with other focus groups, and the slogan developed by an MEU delegate “UNIONSAFE: KNOW UNION, KNOW SAFETY, KNOW LIVING” was overwhelmingly supported over any of the other slogans.

The UnionSafe slogan was officially launched in September and now all of the Labor Council’s OHS materials are using the logo.

UnionSafe Website

As part of a WorkCover grant project, Labor Council has reconstructed our occupational health and safety internet site, which sits alongside LaborNET.

The reconstructed site now known as the UnionSafe website has been designed to make delegates’ and union organisers’ job easier. The site caters for workplace safety reps, OHS committee representatives, union officials and trade union educators. In addition it has a special section for teachers and students.

The site was built around the different jobs that go into making a workplace safer and is designed to be like a web-based office. The website really caters for regional based unionists allowing them to have quick access to information and also the ability to download and distribute this vital information.

UnionSafe Conference – 22nd November 2002

Mary organised the previously reported first ever Labor Council Safety Conference for union delegates held in Penrith on the 22nd November 2002.

At the conference Mary arranged for the Minister for Industrial Relations to present safety achievement awards to workplace delegates in recognition of their contributions to safety in their workplace.

The Secretary also officially launched the new OHS Website and the Resource Kit for union delegates.

The highlight of the conference was when the delegates gave their own accounts of how they had improved workplace safety, which gave enormous encouragement and motivation to other delegates.

All of the feedback from the conference was very positive with delegates requesting it become an annual event and highlighting that it is a great opportunity for them to network, share experiences and ideas and be provided with resources and information to make their jobs easier.

Policies

The following policies were launched and distributed at the OHS conference at Penrith. Feedback was requested from the delegates who attended and they will be revised after the consultation and comment periods.

Bullying

Mary and other Labor Council Officers, Amanda Tattersall, Alison Peters & Susan Sheather in conjunction with a number of unions and the Workers Health Centre produced a number of fact sheets on workplace bullying.

The fact sheets cover

  • Definitions of workplace violence
  • The effects
  • What workers and unions can do
  • How to prevent bullying in the workplace
  • Cultural diversity
  • Checklist for assessing bullying in the workplace.

Return to Work Program - Regulation

The Government reviewed the Regulation and the WorkCover Guidelines covering return to work programs. Mary was successful in getting all of the issues, which were raised by the unions addressed in the Regulation and Guidelines. The Regulation and Guidelines clearly acknowledge the role of the union in this process and that unions and employees must be consulted over return to work program.

Mary, with the assistance of the Labor Council’s Workers Compensation Committee has developed a model return to work policy for unions and their delegates to use in negotiations with employer’s regarding the return to work program. A number of affiliates have used the policy in their negotiations and it has also been used to resolve disputes in the Commission.

Drugs and Alcohol

Mary revised the Labor Councils Guidelines on Alcohol and other Drugs in the workplace. The guidelines were revised and turned into a number of user-friendly fact sheets on policy principles. Each of the fact sheets can be used in developing individual workplace policies and procedures.

Labor Council will also develop a number of model policies for unions to adopt and modify. The Labor Council’s Policy Guidelines have been referred to in a number of industrial disputes.

‘Easy Guide to the Law’ Hazard Fact Sheets

Mary with the assistance of our media unit, WorkCover and the Department of Health has produced a number of easy guide fact sheets on the law on hazards and also an A of Z of hazards. These are available on the UnionSafe website.

YouthSafe Resource Kit for TAFE

Mary in consultation with the Teachers Federation and the Independent Education Union has produced an additional draft Occupational Health and Safety Resource Kit for teachers to use. This will be piloted by delegates from the Teachers Federation and the IEU throughout 2003.

Ernie Razborsek, Industrial Officer - Northern
Ernie Razborsek
Ernie Razborsek
Industrial Officer - Northern

Electricity, Building and Construction were the focus for Industrial Officer Ernie Razborsek in 2002.

Electricity

Ernie started the year by serving a log of claims on Macquarie Generation on behalf of the Generation Unions for a new 3-year award to expire in June 05 and Eraring Energy for a 2-year award to expire in February 04.

The negotiations for a new award for Eraring Energy went well; particularly given it was an extension of negotiations of other matters already being dealt with by the unions following the setting up of the organization as a State Owned Corporation.

The award was finalised before the IRC in April.

At Macquarie Generation however matters were quite different as there were still outstanding issues from previous negotiations 3 years ago and negotiations bogged down on these questions.

With some industrial action, assistance from the NSW IRC and further protracted negotiations the award was finalised by a ballot of the membership on the 18th of December.

Building and Construction

This year saw the start of a number of major construction projects in the Hunter Region with the Mount Arthur North Mine starting a three year construction phase last October,

Tomago Aluminium has started a 3-year upgrade this year after completing negotiations with the building and construction unions for a project award.

Another project award negotiated by Ernie was with Bovis Lend Lease for a $200M extension to Erina Fair on the Central Coast. It is hoped that this will set a benchmark for further developments in that region.

Other Responsibilities

This year Ernie has organised a number of IR seminars in the region for union organisers and senior delegates, attracting the Industrial Registrar and senior members of the NSWIRC as guest presenters. He also assisted Mary Yaager with her seminars on OH&S.

Ernie was asked to set up and chair an Electrical Committee to assist Workskills Australia run their Bi Annual Regional Competition and the National Workskills Competition, which was held in Newcastle, the first time the event has been held outside of a capital city.

Ernie continued his interests with the aboriginal communities with regard to employment matters and continued to steadily progress these areas.

He also continued to represent Labor Council on: -

  • The Hunter Valley Training Company
  • The Newcastle branch of the Industrial Relations Society
  • The WorkCover Rural IRG,


Ernie represented the Newcastle Trades Hall Council on the Myan Indigenous Employment Network

Nancy Carl, Industrial Officer
Nancy Carl
Nancy Carl
Industrial Officer

Nancy was pleased to complete her first year at Labor Council and enjoyed the varying roles she performed within the Council during 2002.

Nancy was involved in assisting with a number of issues this year, which included the following.

Union Dues Test Case

Nancy assisted Mark Lennon and Counsel Jeff Shaw and Adam Hatcher with this important test case. She played an major role in research for the case, the collecting and filing of evidence and the organisation of witnesses.

State Wage Case

Nancy assisted Mark Lennon With the State Wage Case. Nancy found the experience to be very informative and was pleased to say the case gave her a very good grasp of the Wage Case Principles, which will be invaluable in her future dealings in the jurisdiction.

As previously stated, the application was successful in obtaining an $18.00 per week pay rise for award employees in New South Wales.

Reasonable Hours

As reported earlier, Nancy has been working with Alison Peters to prepare the Labor Council’s Reasonable Hours Case, which will commence before the Full Bench in February 2003.

At this stage it is believed the matter will be dealt with by consent, with the only outstanding issue relating to the clause regarding family responsibilities. There is a view from the Anti-Discrimination Board that the clause should refer to Carer’s responsibilities to bring the clause into line with NSW Anti-Discrimination legislation. The Bench will determine this issue.

Nancy attended the Reasonable Hours Summit held by the ACTU in November and gained a great deal of insight on the issue from employer groups, Government, Opposition, community groups and unions. As a result of the Reasonable Hours Summit it seems the question of a “cap” on hours will be a matter for consideration by the Union movement in 2003.

Concord Hospital

The Concord Hospital Strike Pay claim continued this year. The matter commenced hearing in the Industrial Relations Commission and Nancy has continued to assist our affiliate the CFMEU with the progress of the application.

The hearing was to conclude late in 2002 and Nancy is hopeful of a positive outcome for the members of the union.

SDA & Baby Co.

Nancy was involved with the SDA in their Discrimination Hearing before the Industrial Relations Commission against Babyco. The issue related to a member who wanted to change her roster for childcare reasons. It struck a chord with a vast number of people. The SDA ran the case extremely well and their member was certainly to be congratulated for her courage and strength.

Nancy was pleased to be of assistance to the SDA in the matter and was extremely happy with the outcome, which saw the applicant reinstated to her position within Babyco and offered shifts, which allowed her to care for her young children.

MEU & Transfer of Parking Patrol Officers

The MEU sought the intervention of the Labor Council in their dispute heard before Her Honour Justice Kavanagh regarding the transfer of Parking Patrol Officers from the NSW Police Service to Local Councils. The dispute was protracted and Nancy became involved in relation to the issue of pre-employment medicals and discrimination.

On behalf of 2 members Nancy lodged complaints of discrimination with the Anti-Discrimination Board. One of those complaints was dealt with by way of a conciliation conference and whilst the matter has not yet been fully resolved, Nancy is hopeful of a positive outcome. The other complaint has been lodged and it is expected the matter will be listed for Conciliation early in 2003.

ASU C & A Branch and Virgin Mobile

Nancy assisted the ASU in relation to an Unfair Dismissal application on behalf of a former employee (and Union Delegate) of Virgin Mobile.

The matter became complicated due to the operation of AWA’s. The matter is still pending before the Commission but has resulted in a recruitment campaign within Virgin Mobile including a BBQ held outside the premises of Virgin Mobile to provide information to employees relating to their rights at work. The campaign has seen the ASU C&A Branch secure membership of approximately 2/3rds of employees and resulted in 3 active and committed delegates within Virgin Mobile.

As a result of the Virgin Mobile matter a suggestion was made by the ASU C&A Branch that unions share information relating to the operation of AWA’s and it is Nancy’s intention to explore the possibility of running a campaign around AWA’s in 2003.

Ethical Clothing Trades Council

Nancy represented the Labor Council during what was a successful year of operation of the Ethical Clothing Trades Council.

The Council was established by the Minister for Industrial Relations under the Industrial Relations (Ethical Clothing Trades) Act. The role of the Council is to seek to ensure compliance with Occupational Health and Safety, Workers Compensation, Industrial and other relevant legislation within the Textile and Clothing Industry and to abolish the use of exploited labour.

The Council, due largely to the efforts of its Chairman The Honourable Joe Riordan, AO, TCFUA State Secretary Barry Tubner and Stan Moore of the Australian Retailers Association (ARA), was successful in achieving an agreed Code of Practice which has now been adopted by a number of retailers and it is expected further retailers will soon sign the Code.

The success of the Code will be closely monitored by the Council over the next few months. The Council is required to report to the Government early in 2003 on the question of whether a mandatory code should be introduced in the industry.

Training Wage Award

2002 saw the finalisation of the State Training Wage Award.

This matter was one, which took 12 months to complete, and Nancy was involved with assisting Michael Gadiel in finalising the negotiations in relation to the Award. The Award was made during the year and has also been varied to include the State Wage Case 2002 adjustment.

Peter Lewis, Media Officer
Peter Lewis
Peter Lewis
Media Officer

The Media Unit assisted our campaigns in 2002 by working with mainstream media outlets and continuing to narrowcast to members and officials over the Internet.

Media Campaigns

Highlights of the year in terms of media coverage were the campaign in support of Muslim IT worker Kamal el-Masri’s right to pray at work, the emerging evidence of illegal immigration working scams, a working mother’s right for flexible shifts to take her daughter to netball, protection of union delegates to talk publicly about their employer and the Labor Council’s search for a new trade union anthem – won by a 24 year old rapper from Campbeltown as previously reported. All won wide coverage in press, radio and TV, helping to reposition unions not just as effective industrial representatives, but also a force for good in the broader culture.

LaborNet

The LaborNet newsfeed now carries media releases from more than 40 unions around Australia and is housed on dozens of union websites. This allows unions to share information amongst themselves and their members, developing a more effective and united voice. The growing use of cyber campaigns assisted the Combined Rail unions in their “Keep Our Railway Together” campaign and proved decisive for the Hilton Hotel workers in their battle for redundancy rights, with the Hilton management inundated with protests from around the globe.

The LaborNet concept has now been accepted across the union movement, with as stated earlier, the ACTU and the New Zealand Council of Unions joining the LaborNet family, along with the WA and Victorian Trades Hall Councils. More than 20 individual unions are also now under the LaborNet umbrella, vindicating Labor Council’s long-term investment in the web in cooperation with Social Change Online.

Workers Online

Workers Online continues to grow, after four years as the union movement’s virtual workers’ paper. Despite a change in format that has weekly news and monthly feature updates, traffic has increased in the 12 months from around 10,000 visitors a week to 14,000 today. The influence of Workers Online has also expanded, with politicians and journalists following its stories and editorial arguments assiduously.

Our vision has always been to create an independent union voice to support our campaigns, not reliant on the whims of mainstream outlets to connect with our membership. It’s a long road to hoe, but in 2002 we made significant progress in meeting our objective.

Mark Morey, Productive Diversity Officer/Research Director
Mark Morey
Mark Morey
Productive Diversity Officer/Research Director

Mark has recently appointed to the position of Research Director after being Labor Council’s Special Project Officer for the past two years. Amanda Tatterstall will take over as Labor Council’s Special Project Officer.

Productive Diversity


Department of Industrial Relations Community Language Allowance Scheme (CLAS) Working Party

The Community Language Allowance Scheme (CLAS) Working Party was established as a result of correspondence by the NSW Labor Council to the Premier concerning the possibility of establishing a working party to explore the development and expansion of community language allowances across NSW Workplaces.

That correspondence arose following the Federal Municipal and Shire Council Employees’ Union of Australia’s (MEU) success, by way of application for variation, in having a community language allowance incorporated into the Local Government (State) Award.

Subsequent discussions between the NSW Labor Council and the Community Relations Commission considered a community language allowance would be applicable to many NSW workplaces and one way of recognising the language skills that many workers are called upon to use in the course of their employment.

The Department of Industrial Relations was requested by the Premier to facilitate the Working Party comprising the Labor Council, the Community Relations Commission, Australian Business Limited and Employers First. The report of the working party has now been finalised and is before the Premier and Minister for Industrial Relations.

Community Language Audit of NSW Council’s

Mark assisted the MEU’s Legal Officer Ben Kruse and Research Officer Lyn Fraser undertake an audit of 15 Councils in relation to their compliance in paying the community language allowance to eligible council workers. The following council’s were audited: Ashfield, Bankstown, Blacktown, Burwood, Campbelltown, Canada Bay, Griffith, Holroyd, Hornsby, Parramatta, Queanbeyan, Randwick, Ryde, Strathfield and Willoughby.

The audit revealed that major NSW local government councils continue to deny staff their legal entitlements to payment for the use of vital language skills. Of the 65 respondents, 7 were ineligible, 13 used their skill too irregularly and were thus ineligible for payment, 10 received the payment, while 35 were not receiving the payment or their council disputed the payment. Upon completion of the audit the MEU was able to resolve some of the claims by negotiation while the recalcitrant councils were served a claim via the Local Government and Shires Association. To date some $17,000.00 of money owed to council employees has been recouped. The audit also provided a successful vehicle for promoting the MEU to non-union workers also resulting in the signing up of new members to the union.

Development of the Intercultural Skills and Competencies for Union Organisers training package

Mark organised the development of the Intercultural Skills and Competencies for Union Organisers training package for Labor Council. The package aims to provide union organisers with an opportunity to develop and refine their skills in working with workers and communities from non-English speaking backgrounds. The training package, which was implemented in April 2002, took organisers through a range of strategies and skills that form a base from which organisers can further develop their skills. Both the training package and teaching guidelines are available from the Labor Council for unions to use and run within their own organisations.

NSW Rail Industry


Rail Infrastructure Corporation

Mark assisted Deputy Assistant Secretary Michael Gadiel in coordinating the single bargaining unit which completed the negotiations for the 2002 Enterprise Agreement “Moving Forward”.

Since the finalisation of the RIC Enterprise Agreement Mark has been involved in a number of implementation working parties and committees including the RIC Implementation Committee, the Performance Management Working Party, the Code of Conduct and RIC Policy Working Parties and the RIC Consultative Committee. Many of these committees will continue into 2003

Mark has worked closely with the rail unions in relation to the redundancy program commenced by RIC this year. This process will continue into 2003.

Mark now has carriage of the RIC portfolio for Labor Council and continues to work with the rail unions to maintain a coordinated approach to dealing with the RIC.

Rail Industry Award Simplification

Labor Council continued to be involved in the award simplification process for the five federal awards that apply in the NSW Rail Industry. The award simplification process has now been finalised.

Campaigns


ARTC Campaign “Keep Our Railway Together”

Mark assisted Deputy Assistant Secretary, Michael Gadiel on the rail union campaign to oppose the Federal Government’s proposal, through the Australian Rail Track Corporation (ARTC) to lease regional and rural freight lines from the NSW Government.

Mark will continue to assist Michael with the campaign during 2003.

OH&S Organising Campaign Nurses Association in Mid West.

Mark assisted Labor Council’s Workers Compensation and OH&S Officer Mary Yaager to run the organising campaign in conjunction with the Nurses Association in Mid West New South Wales.

Bosswatch

Mark has been working with Deputy Assistant Secretary Michael Gadiel and assisted by researcher Chris Owen to finalised a proposal to increase the capacity of Bosswatch to provide better information on the top 100 Australian companies and specific companies nominated by affiliates. The upgrades to Bosswatch will mean that the site is more accessible to affiliates and provides targeted information.

Mark will also be coordinating the expansion of the site for Labor Council with the assistance of Chris Owen.

Training, Conferences and Presentations

Workplace Harmony


Mark was responsible for working with Deputy Assistant Secretary, Alison Peters in the organisation of the Workplace Harmony Conference. The aim of the conference was to look at developing strategies that unions could support in local workplaces that would increase workplace harmony.

Intercultural Skills and Competencies for Union Organisers

As previously mention Mark developed the Intercultural Skills and Competencies for Union Organisers training package and ran training for union organisers in April 2002.

RTA Delegate Training

Mark worked with Labor Council’s Workers Compensation and OH&S Officer Mary Yaager, to assist Labor Council’s Industrial Officer Nancy Carl to provide OH&S and Campaign training to RTA road workers. The campaign aimed to address inadequate clothing allocated to the workers and the increasing use of contractors by the RTA. The training provided the RTA workers with basic skills that would enable them to run an organising campaign within the RTA. Since the completion of the training the project was handed to Nancy Carl, who has responsibility for this portfolio.

Addresses to Community Groups

During the year Mark spoke at a number of events and educational institutions about unions and their role in modern Australia. Mark addressed a wide variety of forums including the Defence Force Resettlement Seminars, classes at Petersham and Campbelltown TAFE, Patrician Brothers Blacktown and the Teachers’ Federation Anti-Racism Conference

OH&S Training

Mark also worked with Labor Council’s Workers Compensation and OH&S Officer Mary Yaager on the OH&S training to unionists in Orange and Wagga Wagga on the implications of the new regulations associated with the Occupational Health and Safety Act 2000.

Committees and Conferences

Mark sat on the Department of Education’s Trainee of the Year selection committee.

Mark attended a number of conferences and training sessions including the Albury Productive Diversity Conference, HREOC’s Conference Beyond Tolerance, the ACTU’s Disability Conference, the Migrant Employment Taskforce and the ACTU’s Organising Centre’s Advanced Organising Course.

Research Projects

As part of Mark’s role as Labor Council’s Research Director, he will be coordinating a variety of research projects. Mark has already established a research project in conjunction with the Work & Organisational Studies Discipline in the Economics and Business Faculty at the University of Sydney. The project Executive Pay In Australia: Trends, Issues and Policy Implications for Australian Workers will investigate the use of salary packages and business practices in major companies within Australia. The project report will be available in April 2003.

Adam Kerslake, Director of Organising
Adam Kerslake
Adam Kerslake
Director of Organising

Adam Kerslake started in January 2002. Adam brought to the Labor Council a depth of experience in campaigning and organising. In 2000 Adam worked for a year with the ACTU Organising Centre where he worked with a range of unions and individuals who were grappling with the complexities of successful organising in a contemporary context. In 2001 Adam worked with the ETU and assisted them with their organising strategies. Since coming to Labor Council he has worked on a range of organising campaigns.

Building Industry

During the year Adam worked with Chris Christodoulou on the major campaigns within the NSW Building Industry. As reported in 2002 the Federal Government singled out unions in the Building Industry and their strategy took the form of the Cole Royal Commission. In reply Adam and Chris took on working with unions to implement a far-reaching agenda, which included:

a) Campaign co-ordination and design

In the early part of 2002 Adam worked with Chris to design and implement the Build a Life Campaign. This included cross union meetings of media, legal, and education representatives from each of the NSW construction unions. These meeting produced media and educational strategies and considered legal matters. Adam and Chris also facilitated a series of co-ordination meetings with officials of NSW construction unions. As mentioned, over the year the campaign was run with an extraordinary level of solidarity of support between the unions involved.

b) Cross union co-operation

In an attempt to overcome past divisions between construction unions, Adam worked with Chris in developing the Building and Construction Industry Pact. As mentioned earlier, the Building and Construction Industry Pact was a breakthrough and to the credit of each of the Unions involved the Pact has added a new dimension to multi union campaigns.


c) Education of officials and delegates

Adam co-ordinated and ran a series of cross union workshops for both officials and activists. These workshops were about building unions capability for organising in the construction industry in a contemporary environment. Feedback from the workshops was overwhelmingly positive and this set the scene for a very effective multi union campaign.

d) Delegate’s conference

In July, Adam worked with Chris Christodoulou and Nadine Flood of the ACTU Organising Centre to hold a cross union delegate’s conference. This Conference allowed delegates to have a say in how campaigns should be run and to discuss steps to unionise the building and construction industry.

e) The non-union sector

One of the principle themes of the 2002 Building and Construction Campaign has been the need to focus resources on the non-union sector. Adam has worked with a number of the Building and Construction Unions to look at the steps involved in organising the non-union sector.

f) Compliance in the construction Sector

Adam has worked with Chris and various officials of the CFMEU in a campaign to ensure that builders who contract to the NSW Government comply with the Governments Building Code of Conduct. A number of examples this year highlight the fact that some NSW builders are failing to comply with the NSW code.

The Aboriginal and Torres Strait Islander Committee

In January 2002, Adam worked to set up for the Labor Council of NSW the Aboriginal and Torres Strait Islander Committee. This committee is comprised of Indigenous Union Activists across the State of NSW. The Committee was set up:

  • Because it was recognised that something more needs to be done to support Indigenous Australians
  • Because it was recognised that the Labor Council of NSW would most effectively respond to matters affecting Indigenous Australians where it could it could so with input from NSW Indigenous Union Activists
  • To work with Indigenous communities
  • To provide a forum where Indigenous Union Activists can meet and support one another
  • To support unions as they attempt to unionise and represent Indigenous workers
  • To advise on policies and initiatives that will support Indigenous employment.


The Committee was active throughout 2002 and is seeking to strengthen its activities into next year in areas such as:

  • Increased Indigenous employment
  • Increased levels of union density among Aboriginal and Torres Strait Islander Australians,
  • Increased education of unions in NSW about matters effecting Indigenous Australians
  • Increased level