Meeting held : 04 May 2006
Chair of Meeting: The Acting President, Comrade Barry Johnson
Location of the meeting : Trades Hall Auditorium, 4 Goulburn St Sydney
UNIONS NSW MEETING MINUTES
MEETING HELD THURSDAY 4TH MAY 2006
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:05 PM
The Vice President Com. B. Johnson occupied the Chair.
PRESENT: - J. Robertson (Secretary), C. Christodoulou, A. Peters (Deputy Assistant Secretaries).
The Secretary, Com. J. Robertson, moved: -
"That the minutes as circulated be received".
Com. K. Sullivan seconded.
CARRIED
The Secretary, Com. J. Robertson, moved: -
"That the minutes as circulated be adopted".
Com. M. Want seconded.
CARRIED
CREDENTIALS
From The Australian Workers' Union, Greater NSW Branch, appointing:- P. Farrow in place of R. O'Neill
From The Australian Manufacturing Workers' Union, appointing:- C. Eling in place of P. Bastian, C. Lewin in place of T. Ayres, K. Brown in place of L. Drury and A. Neilson in place of M. Hoban.
From The Electrical Trade Union of Australia, NSW Branch, appointing:- Steve Butler in place of J. Macfayden and B. Carcary in place of W. Tomlins.
From The Textile, Clothing & Footwear Union of Australia (NSW Branch) appointing:- H. Nguyen in place of B. Tubner.
The Secretary, Com. J. Robertson, moved: -
"That the credentials be received and the delegates welcomed".
Com. M. Stewart seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - S. Moait, M. Lennon, M. Thistlethwaite, C. Game, B. Harris, M. O'Halloran, B. Holmes, V. Higgins, N. Lewocki, J. Diamond.
QUESTIONS WITHOUT NOTICE
Com. J. Gauci requested an update on the Week of Action.
In reply Com. J. Robertson advised that a meeting of affiliates today endorsed the National Week of Action, including a rally on 28th June in Blacktown.
GUEST SPEAKER
The Vice President, Com. B. Johnson, introduced and welcomed Ma Wei Pin from IUF Asia Pacific, and invited him to address delegates regarding the Musim Mas campaign.
Com. Wei thanked Unions NSW for the opportunity to address the meeting.
He said the workers employed by Musum Mas in Pelalawan, Riau Province of Indonesia had decided to form an independent trade union in 2004. The union quickly grew from 150 membrs to 1,100 members in a workforce of 2,000. The Union sought to negotiate the implementation of the minimum standards guaranteed to Indonesian workers under national legislation.
Com. Wei said that the company simply refused to negotiate or even recognise the Union despite the Ministry of Manpower issuing an order that the company was breaching several of the minimum legislated entitlements. The Union then called a strike and during a rally in the lead up to the strike several union leaders were arrested and are now serving two year gaol terms. The company also sacked 700 workers, forcibly evicted workers and their families from their plantation housing and expelled their children from school.
Com. Wei said that Musum Mas is Indonesia's largest exporter of palm oil, which is widely used in food, cosmetics and personal care products. It was very important that the workers win their campaign to ensure they receive the legislated minimum standards from this important company he said. Victory would encourage other workers who were forming independent unions.
Com. Wei is seeking solidarity and support by way of: a statement of solidarity and support; signing of a solidarity banner; donations; and endorsement of the IUF campaign and publicity. He said it is important for all workers to stand together to protect workers and trade union rights.
Com. J. Robertson moved a vote of thanks. He said that Ma Wei Pin has been active over a long period of time, bringing attention to campaigns across the region. He said the plight of the palm oil workers reminded us all of the need to stand together against big business, who are attacking rights of unions and workers internationally.
EXECUTIVE BUSINESS
CORRESPONDENCE: -
1. From the Shop, Distributive & Allied Employees' Association, New South Wales Branch: - regarding 16 year old Amber Oswald's termination from her job as a juice bar worker at Pulp Juices at Warriewood Square. The SDA said Amber was terminated on the Friday before WorkChoices and rehired the very next week on reduced WorkChoices rates of pay. The union said that Amber's employer sought to force her from her enterprise agreement rates of pay onto a WorkChoices AWA if she wanted to keep her job. The Union said the company had attempted to restructure their business as WorkChoices came into effect, thus Amber's casual pay rate went from $9.52 per hour plus penalty rates under the enterprise agreement, to a flat $8.57 per hour under the WorkChoices AWA, which is less than the current Award rate of pay. She also stood to lose rest breaks, meal breaks, minimum shift engagement, 4 public holidays and the use of the AIRC to help her resolve disputes. Previously this treatment would have been illegal. With the assistance of the AIRC, the union and Amber were able to have her previous rates of pay and conditions restored. However, had the company followed the WorkChoices procedures correctly, the AIRC would have had no jurisdiction. The Union went on to say that whilst Amber's entitlements were restored, the wages and conditions of others who had signed AWAs were not, and that this case highlights the vulnerability of young workers in this new system. The Union, through Unions NSW, calls on all politicians at a State or Federal level to put in place proper protections for young workers.
Com. J Robertson moved the Executive Recommendation: -
"That the correspondence be received and Amber Oswald and her union, the SDA, be congratulated for standing up for her rights.
Further, that Unions NSW calls on all politicians at both State and Federal level to put in place proper protections for all young workers".
Com. G. Dwyer seconded and spoke to the resolution.
Amber and Phil Oswald also addressed the meeting.
CARRIED
2. From the New South Wales Teachers Federation: - advising that the State Labor Government has introduced a Bill into Parliament which strips away procedural fairness rights for teachers. While the Union was keen to focus its members' attention on the current Federal Government's legislation and those employers who use it to hurt workers and their families, it said it will now be forced to campaign against the State Government's industrial relations credentials. The Union stated that the content of the Bill provides inferior rights to those its members currently enjoy and to those contained in the Public Sector Employment Management Act. The Union stated that it was notified by letter from the Department of Education and Training on 26 April 2006 that the Bill would enter Parliament on 2 May 2006, and that there was no negotiation or consultation. The Union feels that the State Government's modus operandi echoes the worst of employers' and is more like the behaviour of the Howard Federal Government. The Union went on to say that during 2005 salaries negotiations Department officials put changes to procedural fairness rights on the table verbally, but these were rejected out of hand and are not contained in the salaries agreement. It said that despite this, officials in the Premier's Department and Ministers' Office have advised Members of Parliament that this legislation is a result of the salaries settlement. The Union feels all goodwill attached to the salaries settlement will be undone by such actions. The Union thanked Unions NSW for its intervention to date and requested Unions NSW to write as a matter of urgency to the Government to slow the passage of the Bill in order to properly consult and negotiate and ensure that teachers' rights are protected.
Com. J. Robertson moved the Executive Recommendation: -
"That the correspondence be received and Unions NSW write as a matter or urgency to the Government seeking that the Bill affecting procedural rights for teachers currently before Parliament not proceed until there has been proper consultation and negotiation with the Teachers Federation".
Com. F. Barnes seconded the resolution.
CARRIED
3. From the Australian Manufacturing Workers' Union: - advising that today the NSW Government released its proposal for amendments to the NSW Occupational Health and Safety Legislation. The Union said that it appeared from a short reading of material available on the WorkCover release, that the Government is proposing a number of significant amendments to the Act, including a diminution of the employers' current strict liability to ensure the health and safety of the workplace, and a new extremely weak role for OH&S representatives to issue "recommendation" notices to employers to rectify safety hazards. The Union said it is particularly concerned about the implications of these changes for the health and safety of NSW workers, and given the short consultation timetable calls upon Unions NSW to urgently convene an affiliates' meeting to discuss a collective union response.
Com. J. Robertson moved the Executive Recommendation: -
"That the correspondence be received and that Unions NSW convene another affiliates meeting to discuss the proposed amendments to the NSW OH&S legislation".
Com. P. Reid seconded the resolution.
CARRIED
REPORTS
1. Lindsay and Central Coast Your Rights At Work Campaign Committees
Linda Everingham, Roger Hennessy, Adrian Catt, Jo Jacobsen and Ben Lister reported on the progress of the Lindsay and Central Coast Youth Rights At Work Campaign Committees. The Committees had been established last year and were now actively campaigning in their local areas. Committee members had received training and had developed plans to maximise involvement in, and community support for, the Your Rights At Work campaign in the lead up to the next Federal election. The Campaign Committees were working with unions to build structures and networks in workplaces and across the local area to keep the impact of the Work Choices laws in people's minds as they consider their vote. Groups had been established focusing on retirees, working families, and to develop a better future for our kids. These groups organise events to get the message out, build support and get more people involved. There were also plans developed for major workplaces in the local areas to ensure those workers were involved in the campaign. The representatives asked all unions to inform their members about the work of the local Campaign Committees and work with them to increase the number of active unionists working on the campaign.
Com. J. Robertson moved:-
"That the reports be received."
Com. A Ferguson seconded.
CARRIED
Com. J. Robertson moved:-
"That the reports be adopted and that the local Campaign Committees be thanked for their work and ongoing efforts."
Com. R. Martin seconded.
CARRIED
ANNOUNCEMENTS
1. Fundraising Screening of "The Take", 6.00 p.m. Friday 5th May 2006
At Tom Mann Theatre, 136 Chalmers Street, Surry Hills. Entry $10.00. As part of May Day week the AMWU is screening "The Take" to raise funds for the Zenon Factory Workers to complete their Documentary "Heart of the Factory".
2. May Day Rally and March, Sunday 7th May 2006
Assemble at 11.00 a.m. at Hyde Park North. Further information can be obtained from Warren Smith at the MUA on (02) 9264 5024.
3. Articles in Catholic Weekly
Highlighting the concerns held by the Catholic Church leadership regarding the impact of the Work Choices legislation.
COUNCIL ADJOURNED AT 7.10 PM
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