Meeting held : 13 July 2006
Chair of Meeting: The Acting President, Comrade Russ Collison
Location of the meeting : Trades Hall Auditorium, 4 Goulburn St Sydney
UNIONS NSW MEETING MINUTES
MEETING HELD THURSDAY 13th July 2006
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:03 PM
The Acting President Com. R. Collison occupied the Chair.
PRESENT: - M. Thistlethwaite (Acting Secretary), A. Peters (Deputy Assistant Secretary).
MINUTES: -
The Acting Secretary, Com. M. Thistlethwaite moved: -
"That the minutes as circulated be received".
Com. M. Want seconded.
CARRIED
The Acting Secretary, Com. M. Thistlethwaite moved: -
"That the minutes as circulated be adopted".
Com. V. Higgins seconded.
CARRIED
CREDENTIALS
From The Textile Clothing & Footwear Union of Australia, NSW Branch appointing: - P. Lane in place of J. Owen.
From The Australian Workers Union, Greater NSW Branch appointing: - M. Wilmore in place of J. Clements and P. Farrow in place of V. Falconer.
The Acting Secretary, Com. M. Thistlethwaite moved: -
"That the credentials be received and the delegates welcomed".
Com. B. Tubner seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - J. Robertson, M. Lennon, C. Christodoulou, S. Moait, F. Barnes, B. Holmes, M. O'Halloran, C. Game,
M. Stuart and M. Thomson.
The Acting Secretary, Com. M. Thistlethwaite moved: -
"That the apologies be received and accepted".
Com. S. Bali seconded.
ARRIED
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Public Service Association of New South Wales: - advising Unions NSW that the PSA had started planning for this year's City to Surf and believed that it would be a fantastic show of strength if several hundred unionists participated on the day wearing a Your Rights At Work t-shirt. The Union said that as the City Surf gets extensive media coverage, the message "I am walking with/for our families. Under WorkChoices you will not be able to walk with your family on a Sunday again" would highlight the Howard Government's draconian legislation to the community. The Union said that they were willing to co-ordinate the walk however they were seeking the endorsement of Unions NSW to have the activities as part of the Yours Rights At Work Campaign and to encourage other affiliates to participate.
Com. M. Thistlethwaite moved the Executive Recommendation:-
"That the correspondence be received and that Unions NSW endorse the proposal to have a Your Rights At Work contingent participate in this year's City to Surf on the 13th August 2006 and that affiliates be encouraged to participate."
Com. S. Vassar seconded and spoke to the resolution.
CARRIED
2. From NSW Teachers Federation:- inviting Unions NSW and its affiliates to participate in the National TAFE Inquiry which is being sponsored by the Australian Education Union and would be conducted by Dr Peter Kell from the University of Wollongong. The Union said that the Inquiry came at a time when there are massive skill shortages in Australia and at a time when both the state and federal government' continued to under fund TAFE. The Union advised that the Inquiry would be asking for input from organisations and individuals who had a commitment to the notion of a publicly funded training provider and who had an interest in TAFE and vocational education and training. The Union provided a list of dates and locations when the forums would be held in NSW in the weeks beginning 24 and 31 July and 15th August and requested that this information be sent to affiliates together with the letter from Dr Kell. The Union advised that written submissions were being sought and that details were available on the website - www.tafefutures.org.au. The Federation advised that affiliates should contact Linda Simon, TAFE TA Secretary and Federal TAFE President, or Phil Bradley, Assistant General Secretary (Post School Education) for further information.
Com. M. Thistlethwaite moved the Executive Recommendation:-
"That the correspondence be received and that details regarding the TAFE Futures National Inquiry be referred to affiliates for their information and that affiliates be encouraged to participate in the Inquiry."
Com. P. Bradley seconded and spoke to the resolution.
CARRIED
2. From the Rail Tram and Bus Union, New South Wales Branch: - informing Unions NSW and its affiliates of two recent disputes with the application of RailCorp's industrial relations agenda. The Union advised that RailCorp currently has a policy, which provides the right for employees to request a support person (which can be a union) to attend if they are require a witness at an interview for disciplinary investigations. The Union said that recently, as part of a disciplinary investigation, RTBU members had been required to give witness statements and had requested that the RTBU provide a union official as a support person. RailCorp would not agree to the request and the matter was placed in dispute and referred to the NSW Industrial Relations Commission. Justice Walton directed the parties to consult and endeavour to reach an agreement. The Union said that to date they had been unable to reach agreement because whilst RailCorp were prepared to allow a support person, after they approved the person, the criteria they applied included that if the union was representing the person under investigation, then the RTBU could not provide one of its officials to be the support person for a witness, even if the nominated union official had no involvement with the matter being investigated. The Union also advised of a second matter dealing with the way that accredited and elected workplace representatives undertake union activities on behalf of members. An RTBU workplace delegate had recently notified his regional general manager of a dispute in writing. The Union delegate received correspondence from the general manager, station operations, which states in part:
"With respect to your letter, I wish to remind you again that whilst you are a union delegate you are also an employee of RailCorp employed in a management capacity" [the member is a station manager). It is therefore inappropriate for you to send correspondence to your manager on RTBU letterhead implying that you are acting for that organisation.
With respect to the tone of your letter, I wish to remind you of your obligations under Railcorp's Code of Conduct which you have been briefed on recently in relation to behaving professionally, courteously and treating co-workers with respect."
The Union advised that it was dealing with both matters under the dispute procedures and that Unions NSW may be called upon to chair a meeting in an endeavour to reach a proper outcome.
Com. M. Thistlethwaite moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW condemn Railcorp management for their repeated attempts to restrict union involvement in the workplace.
Com. P. Kessey seconded and spoke to the resolution.
CARRIED
4. From the New South Wales Cabinet Office: - advising Unions NSW of the announcement to Parliament by the Premier on June 8 that the Government would shortly be releasing a Consultation Draft Bill proposing a number of amendments to the Parliamentary Electorates and Elections Act 1912 and related legislation. The Cabinet Office advised that the Parliamentary Electorates and Elections Bill 2006 (the Bill) was now available on The Cabinet Office website www.cabinet.nsw.gov.au and also on the Parliamentary Counsel's Office website www.pco.nsw.gov.au. A version of the Act with amendments included was also available on these websites to assist all interested persons to understand and assess the proposed amendments. Proposed changes to the Bill were largely technical and administrative changes to electoral legislation in order to streamline the conduct of elections in New South Wales and to improve the functioning of the State Electoral Office. This Bill implements a number of recommendations of the Joint Standing Committee on Electoral Matters, the Council on the Cost and Quality of Government (CCQG), the Electoral Districts Commissioners and proposals made by the Electoral Commissioner. Particular attention is drawn to proposed amendments in Schedule 19 to the Bill. These amendments (which include an amendment to the Industrial Relations Act 1996) implement a CCQG proposal that the Electoral Commissioner no longer conduct any elections for statutory boards or industrial organisations and that these elections instead be conducted by external service providers accredited by the Electoral Commissioner. The Cabinet Office advised that the Government was seeking submissions on the Bill and that the closing date for submissions was Monday 31 July 2006 and that submissions should be addressed to the Director General, The Cabinet Office, Level 39, Governor Macquarie Tower, 1 Farrer Place, Sydney NSW 2000 or electoralreform@cabinet.nsw.gov.au. Further enquiries can be made to the Policy Manager, Legal Branch, The Cabinet Office on 9228 5599.
Com. M. Thistlethwaite moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW convene a meeting of affiliates to discuss a submission regarding proposed amendments to the Parliamentary Electorates and Elections Act."
Com. G. Dwyer seconded.
CARRIED
5. From the Hon. John Della Bosca, MLC, Minister for Industrial Relations: - advising Unions NSW and affiliates of the upcoming national industrial relations conference titled "Fair Go From Here?" which is being held on 24th August 2006 at the Sofitel Wentworth Hotel, Sydney. The Minister advised that the conference would be jointly hosted by the State and Territory Labor Governments and that the event follows on from the successful national one day conference held in July 2005, "Fair Go or Anything Goes?" which had provided an even-handed forum to debate the then proposed federal government's industrial relations agenda. The Minister said that the aim of the upcoming conference was to again offer a balanced forum to further inform debate on the current and future industrial relations environment. The conference program intended to canvas themes including the implications and impact of the federal government's legislative changes, ways of working under WorkChoices and ways forward in the new environment. The one day forum provides an affordable opportunity for all interested persons to hear a balanced and broad range of views from reputed experts in academia, advocacy and those witnessing how this legislation is impacting on the workplace and the community. The event would be professionally facilitated by Jenny Brockie.
Com. M. Thistlethwaite moved the Executive Recommendation:-
"That the correspondence be received and circulated to affiliates for their information and that affiliates be encouraged to attend."
Com. B. Tubner seconded.
CARRIED
REPORTS
1. Campaign Report
The Acting Secretary, Com. M. Thistlethwaite reported on the recent bus trip to the North West and New England regions of NSW. He said that there had been great community support and well attended meetings. For example, in Inverell, 90 were in attendance at the meeting and 14 had volunteered to establish a local Your Rights At Work Committee. Com. Thistlethwaite said that a further two bus trips would be going to the far west (24th - 28th July) and the south west (7th - 11th August) of New South Wales.
Com. M. Thistlethwaite also reported that the ACTU Executive this week had discussions regarding a Week of Action in late November, including a March and Rally in Melbourne and other centres. He said that there was also support for the Unions NSW proposed event in April 2007.
Com. M. Thistlethwaite moved:-
"That the report be received and noted"
Com. N. Allen seconded.
CARRIED
ANNOUNCEMENTS:
1. Bernie Banton Thank You Dinner
Date: Saturday 22nd July 2006
Time: 7p.m.
Venue: Balmain Leagues Club
Friends of Bernie's are having a Thank You Dinner,
to give the community an opportunity to recognise his selfless
and tireless efforts in representing current and future asbestos sufferers and their families. Raffle Tickets are available from Unions NSW. For further information at Bernies_Benefit_Dinner@hotmail.com or Bob Breen on 0412 204 445
2. The Industrial Relations Society of NSW
Annual General Meeting & Luncheon
Friday 4th August 2006, From 12 Noon.
NSW Parliament House, Macquarie Street, Sydney
Guest Speaker: The Hon. John Della Bosca, MLC
NSW Minister for Industrial Relations
For further information and to RSVP 9630 5211
3. Philippines Human Rights Tour Public Forum
Date: Friday, 4th August 2006
Time: 4.30p.m.
Venue: AMWU Auditorium, 133 Parramatta Road GRANVILLE
Speakers: Filipino Member of Congress, Joel Virador
KMU Union Leader, Angelina Ladera
Cost: Free
Filipino Food available after the meeting.
For further information contact Peter 0418 312 301
Or Margaret 9897 9133
4. Trade Justice Dinner
For the Australian Fair Trade and Investment Network (AFTINET)
Date: Wednesday August 16, 6.30 pm for 7pm start
Where: Marigold Restaurant, Level 5, 683 George St, Sydney 2000
Feast on a delicious four-course Chinese banquet with vegetarian options
MC: Julian Morrow, from the ABC's Chaser's War on Everything
Speaker: Sharan Burrow, President, Australian Council of Trade Unions and President of the International Confederation of Free Trade Unions
Auctions: Cartoon by Bruce Petty, painting by Rachel Szalay.
Raffle prizes of fair trade products and wine.
Cost: $55 per person
5. CFMEU Solidarity Evening
CFMEU Solidarity Evening to support the workers engaged on the Perth to Mandurah Rail Project in Western Australia who are facing fines of up to $28,000 after a strike last February in support of a colleague who had been unfairly dismissed.
Date: Monday 24th July 2006
Time: 5.00p.m.
Venue: Trades Hall Auditorium
Speaker: One of the affected workers and his partner.
COUNCIL ADJOURNED AT 6: 30 PM
President: ____________________________________