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Minutes

Meeting held : 25 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 25TH MAY 2006
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:03 PM

The Acting President, Com. B. Johnson, occupied the Chair.

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

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

"That the minutes as circulated be received".

Com. W. Tomlins seconded.
CARRIED

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

"That the minutes as circulated be adopted".

Com. W. Tomlins seconded.
CARRIED

CREDENTIALS

From The NSW Teachers Federation appointing J. Hannaford as a delegate to Unions NSW for 2006.

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

"That the credentials be received and the delegate welcomed".

Com. F. Barnes seconded.

CARRIED

APOLOGIES

Apologies were received and accepted for: - S. Moait, D. Shearman, A. Peters, C. Haigh, V. Higgins, K. Sullivan, M. Thomson, N. Lewocki, R. Collison, S. Bali, B. Harris.

GUEST SPEAKER

The Vice President, Com. B. Johnson, introduced and welcomed the Hon. Jim Macken, Director of the Committee to Defend Trade Union Rights Pty Ltd (DTUR), and invited him to outline the role of the Committee and its objectives.

Com. Macken said that trade unions in every country of the world are under attack by big business supported by conservative governments, whose aim is to lower the living standards of working people and attack their rights. He said that their goal was to destroy trade unions, and that this would also impact on the broader movement for peace and social justice.

Com. Macken said that the Howard Government has initiated an unprecedented attack on the trade union movement and workers' rights, in particular the strong unions, and if they succeed Australia will have some of the worst labour laws in the world. He said that individual unions will not survive unless the labour movement survives and the movement must act collectively and in a more united and cohesive fashion.

Com. Macken said a number of trade unionists and supporters of workers rights have established the 'Committee to Defend Trade Union Rights' with the principle objective of defending trade union rights. The Committee is particularly committed to defending those unions that have been subjected to extreme legislative attacks and federal policies designed to weaken their rights. He said that rank and file workers unfairly sacked and/or fighting for their rights will be supported by the Committee, which will also support the broader movement for peace, social justice and workers rights.

Com. Macken went on to say that the Committee has established a Trust administered by experienced and committed supporters of international solidarity and trade unionism. The Trust includes former leaders of the building unions, the ACTU, the judiciary and members of the State and Federal ALP. He said that the Trust had funds available to donate to unions for projects that support the Trust's objectives. If unions had such projects Com. Macken said that they could contact the Trust through Unions NSW.

In thanking Com. Macken, the Secretary, Com. J. Robertson, said it was good to see him still involved in supporting the trade union movement and workers' rights. Com. Robertson said that the fund is a great initiative and Unions NSW looks forward to supporting it and helping it achieve its objectives.

EXECUTIVE BUSINESS
CORRESPONDENCE

1. From the Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch:- regarding inappropriate restrictions on union right of entry. The Union said that following the introduction of Work Choices, some employers are seeking to deny union officials right of entry to building sites and that on two occasions this month employers have assaulted CFMEU officials who had a legal right of entry to investigate suspected OH&S breaches. Further, the Union said that in the incident involving OH&S Officer, Dick Whitehead, the police constables who visited the site following the assault did not understand union right of entry. The Union called upon Unions NSW to arrange for the NSW Minister for Police to ensure that an appropriate circular is sent to all police officers regarding union officials' right of entry under OH&S legislation, and this be included in police officer training.

Com. J. Robertson moved the Executive Recommendation: -

"That the correspondence be received and Unions NSW liaise with the Minister for Police and the Police Association regarding appropriate information being forwarded to police officers on union officials' right of entry under OHS Legislation."

Com. M. Tulloch seconded the resolution and spoke.

CARRIED

2. From the Transport Workers' Union of Australia, NSW Branch:- regarding the campaign being undertaken by members of the Union in the waste industry on the Central Coast. The Union said Wyong and Gosford Council have advertised a joint tender for the provision of waste services which does not provide job security to the existing workforce and which allows Work Choices to be the minimum standard for tenderers. The Union said that the jobs of 100 employees engaged by the current contractors, SITA and SMS, are at risk. Union members have held a protest outside Wyong Council offices and also a community meeting. The Union said jobs could be lost or if people are taken on by the incoming contractor they could lose over $300 per week under the contract conditions. The Union said its members on the Central Coast are now doorknocking, letterboxing, and lobbying local MPs to ensure that the contract and tender documents are amended to: guarantee jobs of those currently engaged by SMS and SITA; ensure that workers' entitlements are transferred to the incoming contractor; and maintain existing rates of pay and working conditions throughout the course of the upcoming contract. The Union has requested Unions NSW to support the campaign by TWU waste workers on the Central Coast, and write to Wyong Mayor, Bob Graham, and Gosford Mayor, Laurie Maher, encouraging them to do the right thing by 100 working families.

Com. J. Robertson moved the Executive Recommendation: -

"That the correspondence be received and Unions NSW support the campaign by TWU members in the waste industry on the Central Coast to maintain jobs and conditions.

Further, Unions NSW write to the Mayor of Wyong and Gosford Councils in support of the campaign as requested".

Com. N. Nyols seconded the resolution.

CARRIED

3. From the Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch:- regarding asbestos hazards in the workplace, and also the exposure of emergency service workers to such hazards. The union said that its training company COMET has developed a course on Asbestos Awareness that is suitable for supervisors and workers on OHS Committees. The Union has requested Unions NSW convene a meeting of unions that cover emergency workers and other interested unions to discuss appropriate training with COMET manager, Ray Harty. The Union said that Mr Harty would be attending tonight's meeting with a view to speaking about the Asbestos Awareness course.

Com. J. Robertson moved the Executive Recommendation: -

"That the correspondence be received and Unions NSW convene a meeting of unions covering emergency service workers to discuss appropriate training on asbestos awareness as requested.

Further, that Ray Harty be invited to speak at this evening's meeting on the issue".

Com. A. Ferguson seconded the resolution and Com. R. Harty spoke.

CARRIED

4. From the NSW/ACT Independent Education Union:- seeking support in its campaign at Newington College. The Union said they are in dispute over the decision by the school's headmaster to declare 40 promotions positions vacant and his insistence that incumbents re-apply for their positions. While the school maintains this is not a Work Choices issue, it has: indicated that it is a constitutional corporation and would therefore fall under Work Choices; signalled its intention to declare the positions vacant and reduce the salaries of some successful applicants; indicated a new requirement for successful applicants to attend four weeks of non-term time (thereby significantly reducing conditions of employees of the College); and attempted to implement all of the above without consultation. The Union said that at a meeting this week 70 members at the school voted to boycott the process and not apply for the promotions positions. The Union will be meeting tomorrow with the employer and representatives and has also sought support from the Uniting Church. The Union is asking Unions NSW to endorse this campaign and to write to the Reverend Terence Corkin, the General Secretary of the Uniting Church, to seek the church's ongoing support in ensuring fair and just work practices at Newington and in other work places associated with the Church.

Com. J. Robertson moved the Executive Recommendation: -

"That the correspondence be received and Unions NSW offer its support to the IEU in its campaign to maintain the jobs and conditions of members at Newington College.

Further, Unions NSW write to the General Secretary of the Uniting Church seeking their intervention in the dispute as requested".

Com. G. Taylor seconded the resolution and spoke.

CARRIED

5. From the Shop, Distributive & Allied Employees' Association, New South Wales Branch:- advising that it had been contacted by a number of its members employed by fabric and craft retailer, Spotlight, which is offering new and some existing employees AWAs which provide a 2 cent per hour wage increase in exchange for loss of conditions including: no penalty rates for overtime, Sundays and public holidays; no maximum or minimum shift lengths; no cap on the number of consecutive days worked; no rest pauses; no minimum break between shifts; abolition of monthly RDOs for full time employees; abolition of annual leave loading; etc. The Union said Spotlight has a significant presence in regional NSW and is requesting Unions NSW to incorporate some focus on the company during its current regional bus tour. The Union said its own campaign against the Spotlight AWA will combine activity in stores, shopping centres, the media and the broader community, and also some special focus in the June Week of Action activities. The Union is calling on Unions NSW and its affiliates to draw the Spotlight AWA to the attention of their members and support the SDA in its efforts to have the AWA withdrawn.

Com. J. Robertson moved the Executive Recommendation: -

"That the correspondence be received and that Unions NSW support the campaign by focussing on Spotlight stores, where appropriate, during the regional bus tours and asking affiliates to draw their members' attention to the attitude of Spotlight."

Com. G. Dwyer seconded the resolution and spoke.

CARRIED

6. From the NSW Minister for Industrial Relations:- advising that the Workplace Relations Ministers' Council (WRMC) met in Sydney on Thursday 18 May, and providing Unions NSW with a copy of a communiqué issued following the meeting. The Minister said that this meeting of federal, state and territory industrial relations ministers is usually held twice a year, but had on three occasions been cancelled at short notice by the Commonwealth, and that an agreed 'special' meeting prior to the Work Choices Bill being introduced to federal parliament did not occur. The Minister said that state and territory ministers used the recent forum to highlight the early negative impacts of the Work Choices laws and the effects they are having on workers, families and business across Australia. The Minister said that states that retain industrial relations jurisdictions again rejected the federal Minister's request to refer industrial relations powers to the federal government, while the federal government rejected state and territory ministers' requests for consultation about the impending Independent Contractors bill. The Minister went on to say that the state and territory ministers used the meeting to express strong concern about a number of issues relating to occupational health and safety; the impact delays in delivering annual wage adjustment to minimum wage workers would have on low paid households; and the stripping down of important award conditions under the Award Review Taskforce process.

Com. J. Robertson moved the Executive Recommendation: -

"That the correspondence be received and that Unions NSW congratulate State and Territory I.R. Ministers for the strong stand they took at last week's WRMC meeting against Work Choices and related proposals of the federal government.

In particular, Unions NSW notes the strong position of opposition taken by the Ministers against any watering down of OH&S laws."

Com. B. Tubner seconded the resolution.

CARRIED

7. From the Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch:- expressing concern at the significant increase in the number of temporary work visas being issued by the Federal government. The Union said that the majority of these workers who are being used on building sites are being used as cheap labour to undermine labour standards, and are being used in circumstances where there are Australian workers willing to do the work. The Union said that the NSW government has the capacity to influence the approval of temporary migration through the operation of the Regional Certifying Bodies (RCBs). However, the Union went on to say that it was seeking to have the NSW government withdraw approval of RCBs and replace them with (new) certifying bodies that would constitute a mix of representation: for example, from local council; an independent employer; a union representative; a training provider; a local employment agency; and a State government representative. The Union said a group such as this would enable a proper assessment of the available skills and skill requirements within a region, thus verifying that skills requirements genuinely cannot be met by Australian workers and that employers are not attempting to use temporary skilled migration to cover an unwillingness to invest in training Australian workers.

Com. J. Robertson moved the Executive Recommendation: -

"That the correspondence be received and that Unions NSW seek a meeting with the Minister for Education regarding the proposed restructure of RCBs to enhance their ability to assess the need for skilled workers within regions of New South Wales".

Com. A. Ferguson seconded the resolution.

CARRIED

ANNOUNCEMENTS

1. Community and Unions: Defeating Howard's WorkChoices - Greens Public Forum, 2.00 pm to 5.00 pm, Saturday, 3 June, 2006 at Annandale Neighbourhood Centre, 79 Johnston Street, Annandale.

Speakers include Brett Holmes, General Secretary, NSW Nurses association. For more information contact Green MP, Lee Rhiannon on (02) 9230 3551 or email lee.Rhiannon@parliament.nsw.gov.au.

2. Rights at Work Campaign function - 7.00 pm to 11.00 pm, Friday, 23 June.

Central Coast Industrial Awareness Night at Iguanas, Danes Drive Gosford. Bring a friend and dress as a worker (in uniform) whose occupation is affected by the new IR changes. $15 cover charge (includes VIP access to function room, private deck/waterfront views and nightclub till 3 am). Contact Jen on 0421 656 844 or Alisha Hughes on 0404 859 368.

COUNCIL ADJOURNED AT 6.45 PM

President: ____________________________________