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Minutes

Meeting held : 07 September 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 7TH SEPTEMBER 2006
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:05 PM

The Acting President Com. R. Collison occupied the Chair.

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

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

"That the minutes as circulated be received".

Com. P. Sinclair seconded.
CARRIED

The Secretary, Com. J. Robertson moved: -

"That the minutes as circulated be adopted".

Com. D. Belan seconded.
CARRIED

CREDENTIALS

From The Public Service Association of New South Wales appointing: -
G. Shaw in place of S. Walsh.

From The Textile, Clothing & Footwear Union of Australia, NSW Branch appointing:- D. Karlsson in place of J. Owen.

From The Australian Manufacturing Workers' Union, NSW Branch appointing:- A. Neilson in place of M. Hoban and M. Shultz in place of L. Drury.

From The NSW Teachers Federation appointing:- K. Smith in place of J. Irving and F. Rainey in place of M. O'Halloran.

The Secretary, Com. J. Robertson moved: -

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

Com. B. Tubner seconded.
CARRIED

APOLOGIES

Apologies were received and accepted for: - S. Moait, A, Peter, A. Claassens, F. Barnes, M. Stuart, B. Holmes, C. Game, V. Higgins.

The Secretary, Com. J. Robertson moved: -

"That the apologies be received and accepted".

Com. M. Want seconded.
CARRIED

GUEST SPEAKER:

The Acting President, Com. R. Collison, introduced Ms Catherine Lyons-Crew, Manager, Financial Inclusion Program at The Benevolent Society.

Ms Lyons-Crew thanked delegates for the opportunity to speak to delegates about the Benevolent Society's Saver Plus program. Ms Lyons-Crew said that participants in Saver Plus nominate a savings goal (connected to education costs), start saving a regular amount towards their goal (for between 10 to 18 months) and that at the end of the savings period the participants savings were matched dollar for dollar up to $1000. She said that this leaves the participant with their savings plus a matched amount to purchase the educational service/items they have saved for. To be eligible participants need to have a child at school or themselves be or returning to vocational education, be over 18 years, have a Centrelink card and have some paid employment. This is a matched savings program that could greatly benefit members of Unions NSW who have children of school age or are themselves in adult further education Ms Lyons-Crew said. In closing she said she looked forward to discussing the matter further with Unions NSW.

The Secretary, Com. J. Robertson thanked Ms Lyons-Crew for her address and said that the proposal was a worthy one and that Unions NSW would be happy to continue discussions with respect to Saver Plus with the Benevolent Society.

EXECUTIVE BUSINESS
CORRESPONDENCE

1. From the NSW Teachers Federation:- advising that it has been reported that the Department of Education and Training have declared the Seaforth TAFE site surplus to needs and that negotiations had been taking place with the Minister for Education and Training, Ms Carmel Tebbutt, possibly for residential development of the site. The Union said that this was being considered only a few months after the Liberal Party's Manly State Electorate Conference had endorsed a call for their Party to reopen the TAFE site as an educational facility, and six months before the next State Election. The Union said that they reaffirmed their continued support for the retention of Seaforth TAFE site for public education purposes and requested Unions NSW support this position by continuing its ban on the movement of vehicles, equipment, plant and materials on or off the Seaforth TAFE College site, pending satisfactory negotiations between the Federation and the Minister. They also sought the support of Unions NSW in this matter by arranging a meeting with Minister Tebbutt regarding the future of Seaforth TAFE.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW continue its support for the retention of Seaforth TAFE as a public education facility and that a meeting with the Minister be arranged as requested."

Com. P. Bradley seconded.

CARRIED

2. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch:- advising Unions NSW of the ongoing refusal of the Howard Government to introduce sanctions on employers who use illegal workers as cheap labour. The Union said that there are now 50,000 plus illegal workers who have overstayed and that the majority were being used as cheap labour. They said that increasingly employers are 'dobbing' in workers to the Immigration Department when they demand proper wages or when they were injured. The Union said that the most recent example of this type of abuse relates to Mr Jin Woog Kim and that Mr Kim would address Unions NSW to explain his abuse and about a horrific accident he had at work. The CFMEU sought the support of Unions NSW support for the introduction of significant fines on employers who use and exploit illegal workers.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW condemn the ongoing exploitation by employers of vulnerable overseas workers.

Further, Unions NSW calls on the Federal Government to impose appropriate sanctions, including significant fines on employers who seek to exploit vulnerable workers."

Com. A. Ferguson seconded.
Com. Jin Woog Kim addressed the meeting.
CARRIED

3. From the Hon. John Della Bosca, MLC, Minister for Industrial Relations: - advising Unions NSW of recent announcements regarding forthcoming amendments to NSW legislation in response to the Federal Government's WorkChoices legislation and that these announcements were in addition to those previously advised in the Minister's correspondence of 31st August. 2006. The Minister said that the Iemma Government would be introducing legislation this year which would ensure that injured workers continue to be protected under state legislation. He said that to ensure WorkChoices did not override existing protections for injured workers (currently located as Part 7 of Chapter 2 of the Industrial Relations Act 1996), that these provisions will be 'transplanted' into relevant workers' compensation legislation. The Minister also said that the actual provisions would remain unchanged and existing provisions for either six months protection from dismissal, or for a greater period specified by the relevant award, will remain unaltered, as will the existing right to reinstatement. He said that an Exposure Draft of the legislation would be available shortly, and that this would be followed by a consultation process during which affiliates would be invited to put their views. The Minister said that in addition, the Iemma Government would be amending the Industrial Relations (General) Regulation 2001 to double the small claims limit for unpaid workers. He said that at present, these claims were limited to $10,000 and that this amendment would increase the maximum amount of unpaid or underpaid wages that workers could claim using the small claims procedures before the industrial magistrate and the NSW Industrial Relations Commission to $20,000. The increased limit would also apply to small claims actions initiated by unions during any other proceedings before the NSW Industrial Relations Commission, as provided for by s380 of the Industrial Relations Act 1996. The Minister said that the small claims procedure was more accessible, less formal (legal representation was not required) and could resolve a dispute more quickly. He said that this system provided a legal remedy that would maintain a real level of protection for workers located within the fair and accessible NSW industrial relations system.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and the NSW Government be congratulated for its latest initiative to protect injured workers against the Federal Government's WorkChoices Legislation.

Further, Unions NSW calls upon the Opposition Leader, Peter Debnam to support this legislation."

Com. R. Coombs seconded.

CARRIED


4. From the Public Services Association of New South Wales:- advising Unions NSW that they had recently become aware that Peter Debnam had already begun to act in a "WorkChoices" way and that this was a terrible indication of how he would act should he become Premier. The Union said that they had negotiated a 4% pay rise for all public sector workers that they had coverage for. They said that the Opposition Leader had taken that 4% in his budget yet only four of the fourteen staff he employs had received the increase and that one of those four had received a 50% pay increase. The Union said that the NSW Labour Government had moved to protect its workers from Work Choices, yet the Opposition Leader couldn't help himself and was giving us a clear insight into how he would operate should he be successful next March. They said that as unions we must remain united to ensure there was not a Liberal victory in 2007.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW condemns the Opposition Leader, Peter Debnam for the way he has treated his staff by not passing on a 4% public sector wage increase and by rewarding only his most senior staff with a 50% increase.

Further, Mr Debnam's actions highlights the contempt he holds for lower paid workers and a prelude to the way he would operate industrial relations in this state if he ever became the Premier."

Com. M. Want seconded.

CARRIED

5. From the Australian Manufacturing Workers' Union, NSW Branch:- regarding comments which were apparently made by the NSW Treasurer, Michael Costa and reported in this week's media. (e.g. AAP 4/9/06 and Newcastle Herald 5/9/06). The Union said that the media had reported that the Treasurer had told the Parliamentary Estimates Committee hearing that NSW currently had the "highest level of manufacturing in the national economy" and that a Manufacturing Council would make no contribution to the creation of jobs. They said that in their view the Treasurer was wrong on both counts. The Union said that the establishment of a Manufacturing Council in New South Wales had been endorsed by Unions NSW and that a commitment had been given by the Premier that the Government would establish a Manufacturing Council They said that at a time when NSW boasted the second slowest economy and the second weakest mainland manufacturing sector in the country, that we need to know whether it is the view of the Premier and the Minister for State Development or his Treasurer that would prevail. They asked that Unions NSW arrange for a delegation of manufacturing unions to meet with the Premier to discuss the issue at the first available opportunity.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW write to the Treasurer requesting he keeps in touch with what is happening in his government given the agreement already by the Premier to set up a much needed Manufacturing Council.

Further, that an urgent meeting be organised with the Premier as requested."

Com. P. Bastian seconded and spoke.

CARRIED

6. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch: - advising Unions NSW that in recent months there had been an escalation of repression in South Korea against the trade union movement. They said that throughout August riot police had been used to break strike action by members of the Korean Federation of Construction Industry Trade Unions. The Union said that over 700 union activists had been arrested and that riot police had attacked union protests, injuring many workers and killing one activist, Mr Ha Jeung Keun. They said that the Korean government had imprisoned many union leaders. The CFMEU requested that Unions NSW write to the President of South Korea, Roh Moo Hyun, condemning the repression. They also sought endorsement of the solidarity rally which has been organised by both the CFMEU and MUA on Tuesday 12th September at 1p.m outside the South Korean Consulate.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW write to the President of South Korea as requested.

Further, Unions NSW circulate information with respect to the proposed rally to affiliates."

Com. T. Pappa seconded.
Mr Tae Young Lee, Vice President, KFCFTU addressed the meeting.

CARRIED

REPORTS

1. Returning Officer's Report

The Returning Officer, Com. V. Falconer said that at the close of nominations at 4p.m. today for the position of 1 Deputy Assistant Secretary the following nomination had been received.

Deputy Assistant Secretary - 1 Nomination - Matthew Thistlethwaite

Com. V. Falconer declared Matthew Thistlethwaite elected as Deputy Assistant Secretary.

Com. J. Robertson moved:-

"That the report be received"

Com. N. Lewocki seconded.

CARRIED

Com. J. Robertson moved:-

"That the report be adopted and that Com. Thistlethwaite be congratulated on his election."

Com. M. Want seconded.
CARRIED

ANNOUNCEMENTS:

1. Asian Workers Solidarity Rallies
The CFMEU and MUA will be holding two rallies to protest the vicious attacks on Asian workers rights. Times and venues are as follows:
12 Noon - Outside the Japanese Consulate
52 Martin Place, Sydney
1.00p.m. - Outside the South Korean Consulate
111 Elizabeth Street, Sydney

2. Liverpool Your Rights At Work Committee
The inaugural meeting of Liverpool Your Rights At Work Committee
Date: Wednesday 13th September 2006
Time: 7.30p.m.
Venue: Wattle Grove Community Centre
Village Way, Wattle Grove
Anyone who opposes the Federal Government's IR Laws and supports the ACTU/Unions NSW Campaign will be welcome. The Committee will act under the auspices of Unions NSW. Further meetings will be held in the same venue at 7.30p.m. on Wednesday, 11th October; 8th November and 13th December.
For further information contact Alison Peters on 0425 231 814.

3. ABC TV Mini Series - "Bastard Boys"
ABC Television Network is producing a new Mini-series called "Bastard Boys" which is about the 1998 Patrick dispute.
300 volunteers are required to recreate the Port Botany Picket Line. The filming will take place on Saturday 16th September from 1p.m. onwards at Port Botany. Lunch and Drinks will be provided.
For further information contact the MUA 9264 5024 or muasyd@mua.org.au or the Associate Producer Louisa Kors at loukors@ozemail.com.au.

4. James Hardie Protest Rally
Outside the James Hardie Annual Information Meeting
Date: Tuesday, 19th September 2006
Time: 9.00a.m. - 10.00a.m.
Venue: Westin Sydney Hotel, Cnr. Pitt Street & Martin Place
The Protest is against James Hardie Directors seeking huge salary increases. They are still arguing about paying asbestos victims compensation.

5. CFMEU Delegate Sacked After 40 Years Service
Union Delegate, Barry Hemsworth sacked on Wednesday, 6th September after 40 years experience in the mobile crane industry in Sydney. Barry is the latest victim of the Howard Government's attack on workers rights.
Barry would appreciate your support. You can ring or email the boss or donate to the Union Campaign or visit Barry, who is picketing outside his workplace.

What You Can Do:

1. Ring or email Botany Cranes and demand justice for Barry
Phone (02) 9666 6366 or Email: botanycranes@bigpond.com.au

2. Visit Barry at 3 - 5 Exell Street, Banksmeadow and demonstrate your support for workers rights.

3. Donate at Banksmeadow or to the CFMEU on (02) 9749 0400 to support Barry's reinstatement.

4. Enrol to vote www.aec.gov.au and kick Howard out of office at the next federal election.

COUNCIL ADJOURNED AT 6: 45PM

President: ____________________________________