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Minutes

Meeting held : 11 May 2006
Chair of Meeting: The Acting President, Comrade Michael Want

Location of the meeting : Trades Hall Auditorium, 4 Goulburn St Sydney

ÿşUNIONS NSW MEETING MINUTES

MEETING HELD THURSDAY 11TH MAY 2006

IN THE TRADES HALL AUDITORIUM

AT 4 GOULBURN STREET, SYDNEY, AT 6:05 PM

The Acting President Com. M. Want occupied the Chair.

PRESENT: - J. Robertson (Secretary), M. Lennon (Assistant Secretary), C. Christodoulou, A. Peters, M. Thistlethwaite (Deputy Assistant Secretaries).

The Secretary, Com. J. Robertson, moved: -

 That the minutes as circulated be received .

Com. S. Dwyer seconded.

CARRIED

The Secretary, Com. J. Robertson, moved: -

 That the minutes as circulated be adopted .

Com. R. Coombs seconded.

CARRIED

CREDENTIALS

From The Textile, Clothing & Footwear Union of Australia (NSW Branch) appointing:- H. Nguyen in place of J. Owen, and P. Lane in place of S. Davies.

The Secretary, Com. J. Robertson, moved: -

 That the credentials be received and the delegates welcomed .

Com. P. Reid seconded.

CARRIED

APOLOGIES

Apologies were received and accepted for: - S. Moait, V. Higgins, C. O Sheades, C. Game, B. Parker, B. Holmes, B. Johnson, B. Harris.

GUEST SPEAKER

The Acting President, Com. M. Want, introduced and welcomed Pat Ranald from the Public Interest Advocacy Centre, and invited her to address delegates regarding the proposed establishment of a Charter of Rights.

Com. Ranald informed the meeting that the Public Interest Advocacy Centre (PIAC) is an independent, non-profit legal and policy centre that does legal and policy work to foster a fair and democratic society. She said that PIAC supports the NSW Attorney General s plan to take to Cabinet a proposal for broad community consultation about what rights should be protected in a legislated Charter of Rights for NSW. She said this Charter of Rights would be a state law passed by parliament guaranteeing basic human rights and this law would require that all other NSW laws and policies are consistent with these rights. She said that such Charters have been adopted in Britain and New Zealand, and in Australia widespread public consultation has supported Charters in the ACT and Victoria, and they are being considered in other States.

Com. Ranald said that a NSW Charter of Human Rights will protect the rights of individuals; encourage respect for rights by public authorities; educate the community about human rights; complement our strong system of democracy; represent the aspirations of community and Government towards a culture of rights awareness and protection; and influence legislation and policies to ensure consistency with human rights standards.

Com. Ranald went on to say that whilst NSW has a robust system of democracy a Charter of Rights complements this system by protecting the rights and values that underpin it. She said that although most people in both community and Government respect human rights, many of these rights have no protection under law. She said, for example, there is no clear protection for the right to vote, the right not to be arbitrarily detained, the right to join a union and the right to have access to collective bargaining.

Com. Ranald also said that the process of community consultation and Charter development will raise awareness and promote a meaningful dialogue about human rights. She said that current concerns over terrorism require a Government commitment to ensure that new laws and counter-terrorist measures do not infringe human rights. She said that initiatives in other states and territories demonstrate the positive outcomes that can be achieved by taking steps towards formal rights protection and such initiatives provide a solid foundation to explore how best to protect human rights in NSW.

However, Com. Ranald stressed that such a Charter of Rights will NOT put more power in the hands of judges; create large amounts of litigation; be a complex document that means nothing to ordinary people; or introduce new values that do not reflect those shared by the NSW community.

Com. J. Robertson thanked Com. Ranald for her address and said that Unions NSW supports in principle a Charter of Rights, and that the matter is to be considered in the first item of correspondence this evening.

EXECUTIVE BUSINESS

CORRESPONDENCE

1. From the Australian Manufacturing Workers Union:- regarding a proposed campaign to introduce a NSW Charter of Human Rights and Responsibilities, which was the subject of the briefing from the Public Interest Advocacy Centre noted earlier in these minutes. The Union noted that Victoria has recently become the first state in Australia to introduce a Charter of Human Rights and Responsibilities and welcomes the growing momentum behind the campaign to encourage the NSW Government to enshrine a statement containing human rights and responsibilities in NSW legislation. However, the Union also feels that the ultimate goal of any such campaign must be to develop a Human Rights Act at the federal level. The Union called upon Unions NSW to support the development of a Charter and a process of consultation with the community about the rights and responsibilities that form the basis for the document. The Union went on to say that unions should be arguing for the inclusion of industrial rights fundamental to a democratic society, namely: the right to freedom of association; the right to union representation; and the right to proper collective bargaining.

Com. J. Robertson moved the Executive Recommendation: -

 That the correspondence be received and Unions NSW support in principle the call for consultation on the development of a NSW charter of human rights and responsibilities and advise the State government accordingly.

Further, that Unions NSW arrange a meeting of affiliates to discuss the matter".

Com. P. Bastian seconded the resolution.

CARRIED

2. From the Construction Forestry Mining & Energy Union, Construction & General Division: - expressing concern at the fate of four Mapuche political prisoners in Chile, who have been on a hunger strike for 59 days in the Chilean prison of Angol. The Union said the hunger strike was initiated in support of a demand that the Chilean Government review a court judgement that has unfairly sentenced them to over 10 years imprisonment, and requires them to pay a fine of US$791,000 in compensation to Mininco, a multinational foresty and logging company. The Union said these political activists were sentenced under an Anti-Terrorism Law which was introduced by the Pinochet dictatorship and was being applied to charge and try the Mapuches for campaigning for land and political rights. The Union requested that Unions NSW support the campaign by writing to the President of Chile as a matter or urgency.

Com. J. Robertson moved the Executive Recommendation: -

 That the correspondence be received and Unions NSW write to the President of Chile regarding the Mapuche political prisoners as requested".

Com. A. Ferguson seconded the resolution.

Com. E. Ramiera spoke in favour of the resolution.

CARRIED

3. From the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union:- regarding Work Choices issues. The Union referred to previous correspondence wherein it had advised that one of its members, Ms. Rhonda Walke, had been terminated from her employment at a Doctors Surgery after 21 years of service. The Union was happy to report that it had negotiated a good outcome on behalf of Ms Walke, and both she and the United Services Union would like to thank Unions NSW for its support in assisting with her unfair dismissal.

Com. J. Robertson moved the Executive Recommendation: -

 That the correspondence be received and that the United Services Union be congratulated on obtaining a successful outcome for its member Rhonda Walke".

Com. M. Stuart seconded the resolution.

CARRIED

4. From the Australian Manufacturing Workers Union:- advising of changes to Radiation Monitoring Practices at the Lucas Heights Nuclear Facility that have been introduced without consultation with unions or the local community. The Union said that since operations commenced over 40 years ago, ANSTO had provided resources for the monitoring of radiation levels at the facility on a 24/7 basis, however, in mid April 2006, it advised affected employees it would only provide such monitoring between 7 am and 11 pm. The Union said ANSTO had claimed that such monitoring was no longer required because of changes to Reactor Operations; i.e. they would no longer be unloading irradiated silicon at 4 am. However, the Union stated that even before silicon operations commenced 10 years ago, radiation monitoring was provided on a 24-hour basis, and that the reason the silicon operations can no longer occur at 4 am is because ANSTO had withdrawn the radiation monitoring. As the Union views the provision of 24-hour radiation monitoring as an essential measure for both ANSTO employees and the local community, it calls upon Unions NSW to write to both ANSTO and the regulatory body, ARPANSA, condemning the cost cutting measures and calling for the reintroduction of 24-hour radiation monitoring at Lucas Heights.

Com. J. Robertson moved the Executive Recommendation: -

 That the correspondence be received and that Unions NSW write to ANSTO and ARPANSA seeking the reintroduction of 24 hour radiation monitoring as a matter of urgency".

Com. C. Drane seconded and spoke to the resolution.

CARRIED

5. From the Australian Services Union: - advising that Sydney Water has reissued termination letters to seven of its members, and is arguing that whilst it is following the Government s policy of forced redundancies only as a last and unavoidable option the details of the implementation of the policy is at its discretion and not under direction from the Minister or the Government. The Union states that this is a threshold issue that affects all unions with members in SOCS. The Unions view is that either SOCs follow government policy in its entirety as the Minister is the shareholder, or they don t. The Union said that if State Owned Corporations are allowed to make up their own processes for implementing policy, then all employees in SOCS are under threat of policies made up by management as a means of forcing employees out, without attempting to redeploy them into vacant positions. The Union went on to say that this is an issue for all unions in the public sector, as the government may be using these workers as the precedent for forced redundancies across other SOCS and the public sector more broadly. The Union therefore urgently seeks the intervention of Unions NSW in this dispute with the Premier and further requests that Unions NSW coordinates a campaign against this attempt to undermine the job security of public sector workers.

Com. J. Robertson moved the Executive Recommendation: -

 That the correspondence be received and that Unions NSW support the ASU s campaign in support of their members at Sydney Water who have been reissued with redundancy notices.

Further, that Unions NSW seek the Premier s intervention in the matter".

Com. S. McManus seconded the resolution.

CARRIED

6. From the Rail, Tram & Bus Union, New South Wales Branch: - concerning what it regards as the humiliating treatment of those employees who have worked for the NSW railways for 40 years but who have been denied their 40 Year Service Medal because of mistakes made in the past. The Union said it is a disgrace to allow people to serve NSW for 40 years and then decide because of some mistake that occurred 30 years ago they are no longer eligible for their service medal. The Union said that if these people were poor employees or incapable of doing their jobs, they would have been dismissed prior to reaching 40 years of service. The Union also stated that RailCorp appears to have a bullying problem, where management believes they can behave however they like as a result of the new Federal workplace laws being introduced. In conclusion, the Union said it will be calling on the Minister for Transport, John Watkins, to intervene and halt this demeaning treatment of rail workers who had achieved 40 years service, and ensure appropriate recognition for their long service and commitment to the NSW railways.

Com. J. Robertson moved the Executive Recommendation: -

 That the correspondence be received and that Unions NSW support the call by the RTBU that the Minister for Transport intervene to ensure that 40 year veterans be properly recognised for their service to the NSW Railways".

Com. N. Lewocki seconded and spoke to the resolution.

CARRIED

7. From the Construction Forestry Mining & Energy Union, Construction & General Division; the Australian Manufacturing Workers Union; the NSW Teachers Federation; and the Health Services Union: - expressing concerns about the Draft Bill and proposed amendments to the Occupational Health and Safety Act, in particular:

§ğ the proposed amendments appear to water down legislation to give employers a capacity to avoid their obligations, particularly in regard to liability tests;

§ğ changes that have the effect in prosecutions to transfer the onus of proof from the defendant employer to the prosecutor, thus affecting the capacity of trade unions to successfully prosecute employers;

§ğ the effect of the proposed changes to the provisions dealing with the liability of directors and management who currently may be held liable for offences committed by their company;

§ğ the creation of a new offence in relation to the conduct of authorised officers which may expose them to a fine of up to $11,000;

The Unions all expressed concern that submissions in relation to the Bill are required to be lodged by 18 May, which they consider to be too short a timeframe. The Unions have therefore called upon Unions NSW and its affiliates to request an extension of time for further discussion with the Government, with a view to amending sections which impact negatively on workers rights.

Com. J. Robertson moved the Executive Recommendation: -

 That the correspondence be received and that Unions NSW oppose the OHS Bill and request that the timetable be removed to allow proper consultation.

Further, that a meeting of affiliates be convened as early as possible to develop a campaign of opposition".

Com. M. O Halloran seconded the resolution.

Com P. Bastian spoke in favour of the resolution.

CARRIED

8. From the Australian Manufacturing Workers Union: - advising that they had convened a meeting to hear a report on the worsening human rights situation in West Papua. The Union said that the West Papuan people have endured three decades of systematic state violence directed at indigenous Papuans organising community resistance to government and corporate exploitation of their people and resource section. The union said that the seminar was designed to build the understanding of the NSW labour movement activists and encourage a deeper debate within our movement about this important issue, and requested Unions NSW to distribute an information leaflet to affiliates and to encourage their attendance at the next Council meeting.

Com. J. Robertson moved the Executive Recommendation: -

 That the correspondence be received and that the information on the meeting on West Papua be circulated to affiliates as requested."

Com. P. Bastian seconded the resolution.

CARRIED

9. From the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union: - attaching correspondence forwarded by them to Fair Pay Commissioner Harper and Minister Andrews, in which the Union advised of the following resolution that was carried unanimously:

 That the Branch of the USU expresses grave concern with the comments made by Fair Pay Commissioner Harper. Further, the branch advises the Fair Pay Commissioner that a living wage is the right of every worker. Further, we express our disgust by this attack on the rights of Australia s lowest paid workers. 

This resolution was made following reports that Commissioner Harper had, in a speech to the Business Council of Australia, revealed that workers should not expect their weekly wage to cover the cost of necessities and that the level of minimum wages was identified as a potential obstacle to an unemployed person finding paid work. The Union said that it was further reported that Commissioner Harper was of the view that workers should be happy to have any job, no matter how low the wages are or if unfair conditions applied. The Union said that Commissioner Harper was also quoted as stating that the Fair Pay Commission must keep before it the overriding objective of promoting the economic prosperity of the people of Australia. The Union said that on the other hand economies don t always provide what is fair to all members of a community and that people must come first. It stated that the economy is to provide for the community, not the other way around. The Union had requested a reply from Commissioner Harper to their correspondence.

The Union requested Unions NSW to advise delegates of the contents of their letters to Commissioner Harper and the Minister, and support the Union s position as outlined in the resolution.

Com. J. Robertson moved the Executive Recommendation: -

 That the correspondence be received and that Unions NSW supports the United Services Union s response to the Fair Pay Commissioner s comments".

Com. M. Stuart seconded and spoke to the resolution.

CARRIED

REPORTS

1. High Court Challenge to Work Choices legislation

Com. M. Thistlethwaite reported that the High Court case challenging the constitutional validity of the Work Choices legislation had concluded its hearing today. The challenge had been mounted by all the State Governments, Unions NSW and a number of other union parties. This case was one of the most important constitutional cases to be heard by the High Court he said. Com. Thistlethwaite reported that during the hearing the High Court judges had posed many questions to all of the advocates appearing in the matter. He said that the Unions NSW s arguments had been well put by Counsel. Com. M. Thistlethwaite said that a decision in the matter could take several months to be handed down.

Com. J. Robertson moved:-

 That the report be received. 

Com. M. Madden seconded.

CARRIED

Com. J. Robertson moved: -

"That teh report be adopted".

Com. N. Lewocki seconded.

CARRIED

2. Raffle of Reg Mombassa limited edition prints

The Secretary reported that artist Reg Mombassa had donated an original artwork inspired by the Your Rights At Work campaign. Unions NSW had produced ten limited edition prints in conjunction with Reg Mombassa for fundraising for the campaign, as well as T shirts featuring the image. The Secretary advised that three of the limited edition prints would be raffled and asked that unions assist by selling raffle tickets.

Com. J. Robertson moved:-

 That the report be received and noted. 

Com. G. Derrick seconded.

CARRIED

COUNCIL ADJOURNED AT 6.50 PM

President: ____________________________________