Meeting held : 02 November 2006
Chair of Meeting: The President, Comrade. Sandra Moait
Location of the meeting : Trades Hall Auditorium, 4 Goulburn St Sydney
UNIONS NSW MEETING MINUTES
MEETING HELD THURSDAY 2ND NOVEMBER 2006
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:06PM
The President Com. S. Moait occupied the Chair.
PRESENT: - J. Robertson [Secretary] M. Lennon [Assistant Secretary],
C. Christodoulou, M. Thistlethwaite, A. Peters (Deputy Assistant Secretaries].
MINUTES: -
The Secretary, Com. J. Robertson moved: -
"That the minutes as circulated be received".
Com. J. Lemaire seconded.
CARRIED
The Secretary, Com. J. Robertson moved: -
"That the minutes as circulated be adopted".
Com. M. Wilson seconded.
CARRIED
CREDENTIALS
From The Textile, Clothing & Footwear Union of Australia, NSW Branch appointing:- P. Lane in place of J. Owen.
From The Australian Manufacturing Workers' Union, NSW Branch appointing:- G. Simon in place of P. Reid, K. Brown in place of G. Hingle and C. Eling in place of S. Morgan.
From The Australian Manufacturing Workers' Union, Vehicle Division appointing:- S. Morgan as a delegate following the resignation of Steve Johnson.
The Secretary, Com. J. Robertson moved: -
"That the credentials be received and the delegates welcomed".
Com. B. Riordan seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - P. Kessey, G. Dwyer, B. Kruse, M. Stuart, M. Want, C. O'Sheades, J. Diamond, B. Smith, R. Collison and P. Jenkins.
The Secretary, Com. J. Robertson moved: -
"That the apologies be received and accepted".
Com. B. Tubner seconded.
CARRIED
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch: advising Unions NSW of their concern with regard to a number of anti-union companies being given contracts within the building and construction industry especially on power generation projects. The Union requested that an urgent meeting be convened between the Energy Minister and relevant unions.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and a meeting with Minister Tripodi regarding the use of contractors on power generation projects be arranged as requested."
Com. G. Preston seconded.
CARRIED
2. From the NSW Teachers Federation:- expressing their concern regarding the proposed amendments to the NSW Occupational Health and Safety Act had now been forwarded to a review. The Federation said that they strongly opposed any proposed amendment that attempts to change the liability placed on employers to ensure the health, safety and welfare of employees and the right of unions to prosecute employers for occupational health and safety breaches. They said that the Federation had prosecuted the Department of Education and Training in relation to breaches of the Occupational Health and Safety Act on 10 and 11 December 2001 at Dover Heights High School and that on September 15 this year Her Honour, Justice Kavanagh, fined the Department $220,000. The Federation said that it was found that the Department had failed to ensure the health and safety of teachers on these dates and that of particular concern was an incident on December 11 when a student had entered the school and threatened teachers and students with a butcher's knife. They said that Justice Kavanagh, in her judgement of 31 March, found that DET had failed to adequately assess the risks related to the student, "AL/s" attendance at school, failed to inform or consult employees regarding previous incidents, failed to implement appropriate measures to ensure safety and failed to have an adequate communication system to communicate with teachers in the playground of any emergency associated with "AL". Justice Kavanagh in sentencing the Department found that the offences were serious and that there was a need to include an element of specific deference. The Department opposed a moiety being granted to the Federation as part of the penalty and this was rejected by Justice Kavanagh who stated "I do not accept, as submitted by the defendant that the moiety would represent a windfall to the Federation. Under the Act the Federation has the right to act as a prosecutor. This was a serious offence. It would have been a travesty of justice if the charges were not laid." The Federation also prosecuted the Department in the Chief Industrial Magistrates Court in relation to another violent incident by a student in March 2003. The Federation said that in this case the student threatened teachers and other students and had punched the assistant Principal in the jaw breaking her tooth. They said that in the judgement of September 19 the Chief Industrial Magistrate found that the Department had breached section 8(1) of the Occupational Health and Safety Act on 18 and 24 March at Rowland Hassall School. He said that the Department "was clearly on notice that "CW" potentially constituted a risk to Occupational Health and Safety...However, the fact that the defendant held such information was of no value without the information being brought to the attention of those who were unable to conduct a risk assessment without it". He found that this was a "substantial failure" by the Department of Education and Training "to put in place a system that ensured the systems of work and the working environment of employees were safe and without risks to health". The Federation said that it was not clear whether WorkCover had investigated these incidents. They said that arising from these prosecutions the Department had implemented a number of measures to improve the transfer of information about students and required risk assessments in relation to violent behaviour. The Federation said that these measures would assist schools to provide appropriate support to students who may have emotional or behavioural problems whilst at the same time ensuring the safety of teachers and other students. They said that they believed that the Occupational Health and Safety Act 2000 sets a high standard in ensuring that employees are protected at work and that they would oppose any changes which would place the health, safety and welfare of teachers and students in their schools at risk.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW reaffirm its opposition to any proposed changes to the OH&S laws that will reduce the responsibility on employers to provide a healthy and safe workplace."
Com. J. Lemaire seconded and spoke to the resolution.
CARRIED
3. From New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union:- advising Unions NSW that they had recently filed a dispute with Energy Australia for not negotiating in good faith on the upcoming agreement negotiations. The Union said that Energy Australia had made their intentions clear, that is, seeking to have separate agreements with all unions. They said that the USU and all affiliated unions had made it clear that this would not be condoned and they believed that Energy Australia was using WorkChoices against its employees. The union advised that Energy Australia have indicated that the NSW State Government had no problem with this tactic, however the union believes that this flies in the face of the NSW State Government position on WorkChoices. The union said that if it were not for WorkChoices Energy Australia would not be in a position to divide the unions party to the negotiations and that they believed that in doing so was is a direct result of the introduction of the WorkChoices legislation. The USU had entered into common law contracts to protect conditions of employment, not to have Energy Australia and the State Government use the agreements to divide the unions and ultimately divide the conditions of employment for Energy Australia employees. The USU sought the assistance of Unions NSW in holding a combined meeting of affiliates who are party to these negotiations and also to seek clarification from the State Government of its intentions in the use of WorkChoices in State Owned Corporations.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and a meeting of Energy Australia unions regarding the organisation's failure to negotiate one agreement with all unions be convened as a matter or urgency."
Com. M. Wilson seconded.
CARRIED
4. From the Australian Manufacturing Workers' Union, NSW Branch and the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch:- advising Unions NSW of further examples of the rorting of the 457 visa scheme with respect to guest workers from China and India. The AMWU advised that their Union had been successful in recovering $660,000 in wages for Chinese guest workers at the ABC tissue Site. The Union said that this was a record wages recovery and was a complete vindication of what the union had been saying since raising the matter with the Minister more than 8 months ago. They said that while they were pleased that their campaign to recover the workers' wages had been successful, in their view this was simply proof that the 457 visa scheme was out of control and that the Temporary Skilled Migration program in Australia was a failed regime with a failed Minister. The CFMEU advised that they had also uncovered another immigration rort involving the 457 visa workers from India. The Union advised that four of the workers had been sacked the day after they joined the union and when they refused to sign unfair AWA's. They said that these workers had also been evicted from their factory 'accommodation' and were now homeless. The CFMEU is organising a Concert-Dinner Fundraiser on Friday, November 17th to assist these workers.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW congratulate the AMWU on their success in recovering unpaid wages for the guest workers on the ABC tissue site.
In addition, Unions NSW renew its call for a complete overhaul of the Skilled Migrant Scheme to ensure it cannot be used to undercut local wages and conditions and exploit guest workers.
Further, Unions NSW support the CFMEU fundraiser for sacked Indian guest workers and circulate the details to affiliates for their information and support."
Com. T. Ayers seconded and spoke to the resolution.
Radika Rajah, CFMEU member and guest worker also addressed delegates.
CARRIED
5. From the NSW Teachers Federation:- advising Unions NSW and its affiliates that the report from TAFE Futures - the National TAFE Inquiry was launched in Canberra on 18th October. The union thanked all affiliates who had participated in forums and/or provided submissions to the Inquiry. They said that the report from the inquiry was significant in that it was based on meetings and submissions taken from thousands of people across Australia and that in NSW alone, over 750 people had participated in forums across the state, including teachers, students, local government and community representatives. The union said that the Inquiry had spoken to a wide diversity of people, and that one of the recurring messages was "We need our TAFE College". They said that people recognised the importance of TAFE to the economic prosperity of their communities and in assisting to address the needs of disadvantaged groups. They acknowledge that TAFE has a role far wider than vocational outcomes for apprentices, was recognised by community and industry groups, even if governments continue to be short sighted. The Union said that the findings from Peter Kell's report included:
• the need for governments to recognise and support TAFE's role as the pre-eminent provider of vocational education and training;
• the detrimental effects of the massive under funding of TAFE over the last decade;
• the negative effects of the Howard Government's policies in supporting a private training market;
• the need to recognise the professionalism of TAFE teaching, and the shortage of TAFE teachers; and
• the issues relating to student fees and student poverty, and the need to find better ways of supporting students to undertake vocational education and training.
The Union said that they would be conducting a NSW launch on November 24/25 of the relevant aspects of the Report that affect us most significantly and sought the support of Unions NSW and its affiliates in the implementation of these aspects of the Report. Further information was available be contacting Linda Simon, TAFE TA Secretary and Federal TAFE President.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and the Teachers Federation be congratulated on its initiative in developing the National Skills Report and that details of the NSW launch be forwarded to affiliates for their information."
Com. P. Bradley seconded and spoke to the Resolution.
CARRIED
6. From the Australian Manufacturing Workers Union, NSW Branch,: - advising Unions NSW of a strike by their members at Thompson Roller Shutters for the last 2½ weeks because:
1. Offering non-unionists on AWA's a higher wage increase than union members;
2. The sacking of a union delegate; and
3. Refusing to guarantee workers' accrued redundancy, long service and annual leave entitlements.
The union said that this was another example of the employer and the Australian Industry Group using the worst aspects of the Howard legislation to undermine the legitimate collective bargaining rights and to cut the wages and living standards of their members. The union advised that Prakash Chand, the AMWU delegate at Thompson Roller Shutters would be in attendance at tonight's Unions NSW meeting and requested the opportunity for him to address delegates.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW offer its support to AMWU members at Thompson Roller Shutters in their campaign to maintain their conditions and their right to collectively bargain.
Further, AMWU delegate Prakash Chand be invited to address delegates tonight."
Com. T. Ayers seconded.
Prakash Chand, AMWU delegate from Thompson Roller Shutters addressed delegates.
CARRIED
REPORTS
1. PSA Advertisement
A short video of the Public Service Association advertisement was shown to delegates.
Com. J. Robertson moved:-
"That the report be received and noted."
Com. J. Lemaire seconded.
CARRIED
ANNOUNCEMENTS:
1. Welcome Back to Jack Lawrence
2. Walk Against Warming
Saturday, 4th November 2006
11a.m. Martin Place Sydney
For further information contact Mithra Cook on 9279 2466 or
Check the website www.walkagainstwarming.org
3. Union Summer Program 2007
Unions are invited to take interns for Union Summer Program 2007.
Dates: Monday January 29th to Friday, February 16th.
3 days of training and 12 days with a Union.
For further information contact: Daniel Kildea at Unions NSW
On (02) 9264 1691 or dkildea@unionsnsw.org.au
4. WorkChoices Public Forum
Wednesday, 8th November 2006 7p.m to 8.30pm
St Patrick's Cathedral Hall, 1 Marist Place, Parramatta
Speakers: Rev. Dr. Ann Wansborough (Chair) John Robertson, Bernie Banton, Sharmila Sriskanda (Young Christian Workers), Barry Hemsworth (Sacked CFMEU Crane Driver). The forum has been organised by the Parramatta Your Rights At Work Committee. For further information contact Phil Sandford on 0429 015 798, Lachlan Gilchrist on 0433 575 636 or Charmaine O'Sheades on 9622 9201.
5. Asbestos Awareness Week
This year's Asbestos Awareness Week will be from the 20th - 24th November 2006. ADFA is arranging a number of events that week. Remembrance Day will be held at 11.a.m on Friday 24th November in the Terrace Room, National Maritime Museum, Darling Harbour. For further information about all the events taking place during the week please contact ADFA on (02) 9637 8759 or email info@adfa.org.au.
COUNCIL ADJOURNED AT 6: 47PM
President:____________________________________
About Unions NSW
