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Labor Council of NSW Annual Report 2004


Mark Lennon - Assistant Secretary

Rail, forests, industrial legislation and superannuation were among Assistant Secretary, Mark Lennon’s, responsibilities in 2004.

Mark Lennon
Mark Lennon
Assistant Secretary

ARTC

Negotiations took place with the State Government, the Rail Infrastructure Corporation (RIC) and the Australian Rail Track Corporation (ARTC) over the conditions for the ARTC's taking up a sixty-year lease of the interstate rail network.

The negotiations involved the legislation covering workers who were to work on secondment at ARTC and the transfer package for employees taking permanent positions with the organisation.

It would be fair to say that unions were unhappy about the outcome of these discussions and that the transfer took place under conditions that were vastly different to what had been originally proposed by the State Government when the issue was first considered.

Despite the unions' concerns the transition of the network took place in September. Unions continue to meet with both ARTC and the Rail Infrastructure Corporation about the transition and the consequent problems that have arisen.

NSW Forests

The future of the NSW forest industry raised its head again in the 2004. During the year the State Government undertook a scoping study looking at options for the future of the pine plantations presently owned by State Forests. The study included an option for privatisation of the plantations.

An academic report was commissioned by the forestry unions in response to the study. Its conclusions were that on economic, social and community grounds the proposal to privatise was not in the best interests of the State. In particular the unions are concerned about the impact on employment in the industry

At the end of the year negotiations with the government over the future of the plantations was continuing to see if some common ground could be found.

Industrial Relations

Negotiations with government over legislative changes to various industrial and associated laws took place during the year. In particular discussions centred around proposed changes to the Occupational Health and Safety Act to include a new offence where a breach of the Act results in a workplace death.

The proposal arose as a result of intense lobbying by unions in recent years for stronger penalties for employers whose breach of the Act results in a death at the workplace.

In addition, a working party, on which Mark represented Labor Council, was convened by the Attorney General, the Hon. Bob Debus, to look at possible reforms to Section 106, the unfair contracts provision in the Industrial Relations Act, following a number of decisions on Section 106 in the NSW Court of Appeal. The working party proposed some limited reforms to the section, which in the main will bolster the provision.

It is hoped that legislation to amend both the Occupational Health and Safety Act and Section 106 will pass through Parliament in 2005.

Mark was also involved in discussions generally about changes to the Employment Protection Act in particular removing the provisions exempting small employers.

Mark also had involvement in industrial matters in the steel and health industries through out the year as well as oversight of public sector industrial relations, which included attendance at the monthly consultative meetings with the Premiers Department

He also mediated a number of inter union disputes.

Superannuation

2004 saw public sector unions press on with proposals to make First State Super a more flexible fund in particular to allow members to remain in the fund once they leave the public sector.

The proposal has the broad endorsement of public sector unions and at the end of the year a working party was to be formed to look at the proposal in more detail.

Meetings with affiliates were also convened to consider the Federal Government's choice of superannuation fund legislation, which is to take effect in July 2005. Labor Council is seeking to ensure that superannuation clauses are up to date in State Awards as a response to the legislation.

Mark remained a board member of Asset Super in 2004. Asset, the industry fund of which Labor Council is a co-sponsor continued to grow in 2004. At the end of the year the fund held over $ 900 million in assets on behalf of members.

James Hardie

Mark was involved in the campaign to make James Hardie properly compensate the victims of its asbestos products. His responsibilities included coordinating the campaign activities amongst affiliates, including the rally held on September 15 to coincide with the James Hardie shareholders meeting at Darling Harbour, arranging material for distribution amongst the public and seeking support from various non government organisations for the campaign.

Australian Trade Union Program at Harvard Foundation

The Australian Trade Union Program at Harvard Foundation again had a successful year, its highlight being a well attended fundraiser held in December at which Prof. Robert Reich was the guest speaker as part of his tour in Australia.

Steve Turner from the PSA and Mark Crosdale from the TWU were the successful applicants who received scholarships to attend the Harvard Trade Union Program in 2005.

Since its inception in 1977 the Foundation has awarded scholarships to over 90 Australian trade unionists

Other Activities

Marks other activities included chairing the Trade Union Education Foundation's NSW Oversight Committee. He continued to perform the role as a board member of Chifley Financial Services, the State Transit Authority and the Trades Hall Association.

In his role as chair of the NSW Funeral Industry Council (FIC), Mark continued to lobby the State Government for more effective regulation of the industry. The FIC forwarded at years end a discussion paper to the State Government on how this may occur.

Mark was also responsible for general management of the office in 2004 and the organisation of business for the Thursday night Labor Council meeting.

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