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 About Us  About Unions NSWAbout UnionsWho's WhoInformation Centre What's Going On? Annual Reports    
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Mark Lennon, Assistant
Secretary
Industrial LegislationDuring the year the Labor Council campaigned against the federal government’s Workplace Relations (Termination of Employment) Bill. Former Workplace Relations Minister, the Hon. Tony Abbott, introduced the Bill into Parliament in late 2002. The Bill sought to bring 85% of unfair dismissal applications across Australia into the Federal jurisdiction using the corporation’s power in the constitution. Mark was responsible for coordinating the Labor Council’s campaign. It was clear from the Minister’s second reading speech that the legislation was the start of a strategy to dismantle the State industrial relations systems and to centralise industrial relations under the Federal Workplace Relations Act. The Labor Council strongly opposed the Bill for two reasons. Firstly, many workers such as casuals, who have better access to the unfair dismissal provisions under the NSW Act, would have been disadvantaged. Secondly, because it was a first step to move industrial relations into the federal arena with its inferior provisions for working people. The campaign of opposition by the Labor Council included submissions to the inquiry into the Bill conducted by the Senate Standing Committee on Employment, Workplace Relations and Education. This included an oral submission by Mark to the committee at its hearings in Melbourne. In addition, petitions were circulated amongst unions’ workplaces and the community. Most importantly, a campaign website was established on the LaborNET site which allowed unionists to directly lobby crossbench politicians. The Bill was debated in the Senate in August. It was defeated with the support of the crossbenches. The Democrats, who through their industrial relations spokesperson Senator Andrew Murray, supported the broad principle of a unitary system, nevertheless opposed the Bill because of its inferior provisions. The new Minister for Workplace Relations, the Hon. Kevin Andrews, reintroduced the Bill into the Lower House in November. Debate in the Senate will take place in the spring session of 2004. The Labor Council will continue its campaign of opposition. Unions continued to seek improvements to industrial legislation in NSW during the year. As part of this campaign, unions moved resolutions at the State Labor Conference calling on the state government to progress a number of industrial issues including: improving work and family policies, maternity leave provisions and the level of protection for employee entitlements. RailThe state government pressed on with proposals to lease the interstate rail track network to the Australian Rail Track Corporation (ARTC), a federally owned government body. The proposal had first come to light in 2002 and had caused unions a great deal of concern. As originally structured, it would have meant that much of the work traditionally done by rail workers in rural NSW would have been outsourced with a consequent loss of jobs. The new Minister for Transport Services, the Hon. Michael Costa, together with the Federal Minister for Transport, the Hon. John Anderson, formed a working party in the middle of 2003 to see if the proposal could be reworked to the satisfaction of all stakeholders. Mark sat on the working party as a representative of the Labor Council. At the close of the year, having considered the outcomes of the working party, both state and federal governments agreed that the control of the track should be handed to the ARTC by way of a 60 year lease. Some of the significant concerns of unions have been addressed in the new proposal. These include: staff remaining as employees of the NSW Government, ownership of the track remaining with NSW, and the safety regulation of the track under taken by the state government. However, at the year’s end a number of key issues remained unresolved, including exactly which employees are to remain which NSW railways. ElectricityMark continued to perform some work early in the year in the electricity industry looking after negotiations for a new award with Delta Electricity, in the absence of Michael Gadiel at the Harvard Trade Union Program. The remaining staff at Pacific Power were moved into a new organisation called the Residual Business Management Corporation (RBMC) at the start of the year. Most of the staff has spent 2003 seeking redeployment opportunities in the public sector. Electricity unions will be pressing in 2004 to have these employees redeployed to other entities in the electricity sector. Rugby World CupThe Rugby World Cup was a significant event for NSW and Australia in 2003, with Sydney the main focal point of the event. Mark continued to represent NSW unions on the state government’s taskforce. The taskforce worked with the Australian Rugby Union to oversee the arrangements for running the cup in NSW. In addition, in 2003 a Memorandum of Understanding between the NSW State Government, the Australian Rugby Union and the Labor Council, regarding industrial practices to be employed during the Cup, was negotiated. The MOU will form a useful template for staging future major events in NSW in the future. State Trades And Labor CouncilsThe various State Trades and Labor Councils (TLCs) established a closer working relationship in 2003. This was highlighted by a conference hosted by the Queensland Council of Unions in Brisbane in June, which representatives of all State and Territory Trades and Labour Councils attended. Mark was the Labor Councils representative. The focus of the conference was how the TLC’s could work closer together for mutual gain, particularly in light of the unique situation of having Labor Governments in power in every State and Territory. A number of positives came out of the conference, including that the TLC’s should meet regularly before ACTU Executive meetings, and that a website should be established for the exchange of information. The work the TLC’s did, together on opposing the federal government’s Termination of Employment Bill was a good indication of what a closer working relationship can achieve. SuperannuationMark continued his work in the area of superannuation, particularly in the public sector. The focus for public sector superannuation in 2003 was the future of First State Super, the NSW Government’s accumulation fund. Unions, for some time, have been pushing for the fund to become a public offer. This has become increasingly important as more workers move in and out of the public sector. First State becoming public offer will allow these workers to remain members of the fund regardless of where they work. Mark was involved in negotiations and discussions with the Government, trustees and unions about how this matter can be progressed. There is a will on all sides for this to occur and it is anticipated that that this will transpire in 2004. Unions continued to seek improvements to the Defined Benefit Scheme, particularly for shift workers who suffer penalties to their final average salary calculations as a result of the scheme’s present provisions. Unions also raised concerns on behalf of retired members who are seeking to have their pensions indexed twice yearly instead of once. Chifley Financial Services continued to grow in 2003. The year saw an expansion in its key product, the Chifley Investment Trust, which is a wholesale investment. The Trust is open to super funds and other investors including unions. The growth of this Trust has seen Chifley move into a strong position financially at the end of the year. Mark continued to serve as a director of Chifley during the year. The Union Education FoundationMark has been appointed Chairperson of the NSW Oversight Committee for the Trade Union Education Foundation. The Foundation will commence running courses from March of 2004 with a generic delegate course. Australian Trade Union Program At Harvard FoundationMark continued his role of supporting the Australian Trade Union Program at Harvard Foundation. The highlight of the year for the Foundation was the visit to Australia of Professor Richard Freeman, a Harvard Academic who lectures at the program. Professor Freeman spoke at a fundraising lunch for the Foundation in September. 2003. The lunch also saw the launch of the Australian Harvard Trade Union Program Alumni Association consisting of the 90 Australians who have attended the Program. One primary role for the Association will be to assist in fund raising for the Foundation. Other ResponsibilitiesMark continued his role as a Director of the Trades Hall. His key responsibility this year was to finalise payment of monies to those unions who previously held shareholdings in the Trades Hall. It is anticipated that this should be finalized early in the New Year. Throughout the year, as well as being a director of the Trades Hall Association and Chifley, Mark has also continued as a director of Asset Super, the Industry Capability Network and the State Transit Authority. He continued to have responsibility for the management of the office.
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