Meeting held : 10 August 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 10TH AUGUST 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. Lennon [Acting Secretary], A. Peters (Deputy Assistant Secretary.
MINUTES: -
The Acting Secretary, Com. M. Lennon moved: -
"That the minutes as circulated be received".
Com. M. Want seconded.
CARRIED
The Acting Secretary, Com. M. Lennon moved: -
"That the minutes as circulated be adopted".
Com. A. Ferguson seconded.
CARRIED
CREDENTIALS
From The New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union appointing: - P. Kelly as a delegate for tonight's meeting.
From The NSW Teachers Federation appointing:- M. Smith in place of P. Bradley, D. Marten in place of C. O'Sheades, W Webber in place of F. Barnes and J. Ainsworth in place of J. Irving.
From The Australian Workers' Union, Greater New South Wales Branch appointing:- G. Hillier in place of J. Clements.
From The Textile Clothing & Footwear Union of Australia, NSW Branch:- appointing P. Lane in place of B. Tubner, K. Price in place of J. Owen and K. Coatsworth in place of S. Davies.
The Acting Secretary, Com. M. Lennon moved: -
"That the credentials be received and the delegates welcomed".
Com. V. Falconer seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - S. Moait, J. Robertson, C. Christodoulou, M. Thistlethwaite, C. Game, N. Lewocki, J. Taylor, G. Preston. A. Klassens, J. Kiejda, B. Kruse, B. Harris and J. Diamond.
The Acting Secretary, Com. M. Lennon moved: -
"That the apologies be received and accepted".
Com. G. Hillier seconded.
CARRIED
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Shop, Distributive & Allied Employees' Association, NSW Branch: advising Unions NSW that the SDA had successfully varied all NSW common rule awards for which they held primary responsibility with respect to the State Wage Case 2006. The Union said that in contrast to recent years, however, they decided that a number of its award variations would be processed this year through the Industrial and Conciliation Committees of the NSW Commission, as opposed to the more conventional method of making applications to be heard by single members of the Commission. The Union understands that it has been a number of years since most union affiliates would have used this mechanism. They said that the various Committees, chaired by Commissioner Murphy, were convened and that applications were heard on Friday 4th August 2006 and that all variations sought by the union were made by consent during the proceedings. The Union said that they were confirming to Unions NSW that the Committees, where operational, might be used to highlight that the NSW system retains a valid and efficient alternative mechanism for determining award variations and disputes outside the more commonly used procedures. They said that it also demonstrated that the Commission operates in conjunction with both unions and employer representatives, sitting in their respective capacities on the Committees, to enable industry parties to retain control and direction over the industrial affairs of their own industry. It is the SDA's view, that it is manifest that unfair and misleading criticisims of the Commission, its functions and its proceedings, made by some employers and their representatives, were more difficult to substantiate if those same employer representatives sit on and make contributions to the award matters and disputes before the Committees.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and affiliates be informed of the beneficial use by the SDA of Conciliation Committees in the NSW Industrial Relations Commission."
Com. G. Dwyer seconded.
CARRIED
2. From the Australian Manufacturing Workers' Union, NSW Branch:- regarding the NSW Government's PPP contract for the manufacture and maintenance of the next generation of NSW rail passenger fleet. The Union said that they were particularly concerned with the lack of methodology and transparency shown by the government in determining the level of local content for the contract. The union requested the assistance of Unions NSW in convening a meeting between the Manufacturing Unions and the Premier to discuss the setting and operation of future "local content" provision in State Government Contracts.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW seek a meeting with the Premier regarding the operation of future local content provisions in Government contracts as requested."
Com. B. Parker seconded.
CARRIED
3. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch:- regarding the unfair sacking of their member Omir Majstrovic who refused to withdraw a lawful claim for workers compensation for hearing loss. The Union said that rather than accept victimisation, their member Omir Majstrovic had been picketing his site and leafleting the Parramatta CBD for the last two weeks demanding justice. The CFMEU requested that Unions NSW circulate to affiliates a campaign leaflet with respect to Omir Majstrovic.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW reaffirms its support for the campaign to have CFMEU member Omir Majstrovic reinstated and that the campaign leaflet be circulated to affiliates for their information."
Com. A. Ferguson seconded.
Mr Omir Majstrovic addressed the meeting.
CARRIED
4. From the Rail Tram and Bus Union, NSW Branch:- updating Unions NSW on the anti-union, anti-worker attitude of RailCorp with respect to their latest dispute. The Union advised that a member had recently been dismissed using unprecedented and unfair tactics by removing their member's ability to defend himself. The Union said that their member, a guard, was under investigation regarding allegations that he had breached the RailCorp Code of Conduct. RailCorp had written to their member advising him that the investigation had been completed and that a decision had been made to reprimand him. They also requested that he respond to the decision by asking whether there were any mitigating circumstances. Their member responded by defending his position that he was not guilty of the allegation as it was worded. The Union said that RailCorp then wrote to the member and advised that they had considered his response to their decision to reprimand him and that he was now dismissed. The RTBU issued a dispute notice regarding the matter demanding that their member be reinstated. However, RailCorp at this stage has refused to do so. The Union believes that RailCorp has deliberately misled our member, in that they have used his right of reply to dismiss him despite advising him that a decision had already been made to reprimand him. They said that RailCorp's actions are contrary to the principle of natural justice. The Union thanked Unions NSW for their ongoing support in dealing with the anti-union, anti-worker employer and said that they would continue to advise affiliates of the behaviour of this NSW State owned Corporation.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support the RTBU's attempts to have their member who is a guard at RailCorp reinstated.
That Unions NSW restate its position that it is time for the Premier to step in to stop the continued anti-union, anti-worker attitude at RailCorp."
Com. P. Kessey seconded.
CARRIED
5. From the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union: - advising Unions NSW of a company called Global Telesales Pty Ltd who predominately operates in Victoria and is owned by Deutsche Lufthansa AG Group of Companies which is one of the world's major airlines. The Union advised that management had offered "non-negotiable' AWA's to about 80 staff employed in their Contact Centre. The Union said that the AWA's reduce their current take home pay by up to 10% and in addition:-
• there was no guarantee of a base salary increase with a review not to be conducted for at least 16 months,
• Sunday and public holiday loadings are reduced by 25%,
• 15% shift loading for work before 7.00a.m and after 7.00p.m. has been eliminated,
• there is no mechanism in the AWA to resolve disputes. The mechanism only provides the parties endeavour to resolve disputes.
Further, the Union advised that management had indicated in its Questions & Answers to staff:-
• that if management were to negotiate a collective agreement that this would not include travel privileges
• the AWA is not subject to negotiations
• that if productivity and cost efficiencies were not achieved in the 4th quarter of the year the company had no choice but to seek concessions from those who had not signed an AWA.
The USU said that the above had been confirmed by Victorian Workplace Rights Advocate, Mr Tony Lawrence and that these employees were being bullied into signing AWA's. They said that under John Howard's extreme IR legislation the above was not considered duress when negotiating an AWA. Regardless of how you look at this it may be legal, but it is clearly unfair and that this was a despicable display of bullying in the workplace under Mr Howard's WorkChoices legislation. The USU called on Unions NSW to condemn the actions of management at Global Telesales and that Unions NSW write to the company urging them to enter into good faith bargaining with the ASU Victorian Private Sector Branch members for a collective agreement without duress.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW condemn the actions of Global Telesales seeking to attack the conditions of employees through the use of AWA's.
Further, Unions NSW inform affiliates of the actions of Global Telesales and seek that they support the campaign to have the company negotiate a collective agreement."
Com. M. Want seconded and spoke to the resolution.
CARRIED
6. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch : - advising Unions NSW about a Rally being organised by the CFMEU to support the 107 building workers who have been prosecuted by the Australian Building and Construction Commission for their involvement in strike action in support of a sacked union delegate. The Union said that hundreds of other workers involved in the strike could also be prosecuted and fined. They said that these workers were facing fines of $28,600.00 and that they would be facing court on 29th August in Perth. The Union sought the endorsement of the Rally which would take place on Tuesday 29th August 2006 at the Trades Hall and asked that information regarding the Rally be circulated to affiliates.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW supports the CFMEU Rally on August 29th in support of the 107 building workers in Western Australia who are being prosecuted.
Further, that we advise affiliates and community groups of the rally and seek their support."
Com. A. Ferguson seconded and spoke to the resolution
CARRIED
REPORTS
1. Campaign Report
a) Bus Tour
The Acting Secretary, Com. M. Lennon reported on the bus tour to Western and South Western NSW. He said that while in Albury the local MP (Sussan Ley) had criticised the visit by Unions NSW to local schools and had suggested that we were indoctrinating students. Com. Lennon said that this was from a representative of the Government who had spent a record $50 million promoting WorkChoices through advertising. Com. Lennon said that the forums were entirely voluntary and had been well attended.
b) City to Surf Sunday 13th August
The Acting Secretary, Com. Lennon reminded affiliates that a Your Rights At Work contingent would be participating in the City to Surf event on the weekend.
c) November 30 Day of Action
The Acting Secretary, Com. Lennon advised that a Day of Action would be held
on November 30th and that a meeting would be convened to consider appropriate arrangements.
Com. M. Lennon moved:-
"That the report be received and noted"
Com. B. Riordan seconded.
CARRIED
2. Returning Officer's Report
The Returning Officer, Com. V. Falconer said that at the close of nominations at 4p.m. today for the positions of 1 General Executive Member and 1 Finance Committee Member the following nominations had been received.
General Executive Member - 1 Nomination - Robyn Fortescue
Finance Committee Member - 1 Nomination - Paul Bastian
Com. V. Falconer declared Robyn Fortescue elected as General Executive Member and Paul Bastian elected as Finance Committee Member.
Com. M. Lennon moved:-
"That the report be received"
Com. B. Riordan seconded.
CARRIED
Com. M. Lennon moved:-
"That the report be adopted and that Com. Fortescue and Bastian be congratulated."
Com. V. Higgins seconded.
CARRIED
ANNOUNCEMENTS:
1. Your Rights @ Work City To Surf
Affiliates are encouraged to join a Your Rights @ Work contingent being organised by the PSA.
Date: Sunday, 13th August 2006
For further information contact Sharon Vassar on 0407 894 930 or by email svassar@psa.asn.au.
2. Parramatta Your Rights At Work Campaign Committee
A meeting is being held to establish a Your Rights At Work Committee in the Parramatta Area.
Date: Monday, 14th August 2006
Time: 6p.m. - 7.30p.m.
Venue: Charles Byrne Room, Level 1 Parramatta Town Hall,
Church Street Mall, Parramatta.
3. 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
Raffle prizes of fair trade products and wine.
Cost: $55 per person
4. Unions NSW YR@W Raffle Tickets
Tickets are still available this evening or call Unions NSW on 1800 688 919. Tickets and money need to be returned before 16th August. Winning tickets will be drawn at the General Meeting on Thursday 17th August.
5. Penrith Nepean United Soccer Sponsor's Day.
Date: Saturday 5th August 2006
Venue: CUA Stadium, Mulgoa Road, Penrith
From: 1.p.m.
Entry $5.00
6. CFMEU Solidarity Rally Re Prosecutions
Date: Tuesday 29th August 2006
Time: 10.00a.m.
Venue: Trades Hall 4 Goulburn Street Sydney
Entry Via 377 Sussex Street)
For further information phone CFMEU 9749 0400 or
email enquiries@nsw.cfmeu.asn.au
COUNCIL ADJOURNED AT 6: 35PM
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About Unions NSW
