Meeting held : 01 February 2007
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 1ST FEBRUARY 2007
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:06 PM
The Acting President Com. R. Collison occupied the Chair.
PRESENT: - J. Robertson (Secretary) M. Lennon (Assistant Secretary),
C. Christodoulou, A. Peters (Deputy Assistant Secretaries).
MINUTES: -
The Secretary, Com. J. Robertson moved: -
"That the minutes as circulated be received".
Com. V. Higgins seconded.
CARRIED
The Secretary, Com. J. Robertson moved: -
"That the minutes as circulated be adopted".
Com. S. Turner seconded.
CARRIED
CREDENTIALS
From The Textile, Clothing & Footwear Union of Australia, NSW Branch appointing:- P. Lane in place of J. Owen.
From The Police Association of New South Wales appointing:- P. Hannen in place of B. Morgan and M. Hilder in place of A. Whitton.
From The Public Service Association of New South Wales appointing:- L. Carr, R. Salomon, B. Stephens, S. O'Brien, H. Sourlas, S. Singarayar, A. Wilson and K. Butson as delegates for tonight's meeting.
FOR THE ENSUING YEAR
From The Association of Principals Employed in Catholic Schools appointing:- M. Engle.
From The Australian Services Union, NSW & ACT (Services) Branch appointing:- S. McManus, B. Rule, A. Pugh, K. Davis, D. Scaysbrook and B. Croslow.
From The Australian Workers' Union, Greater New South Wales Branch appointing:- R. Collison, S. Bali, N. Allen, V. Falconer, C. Bodnar, S. Rumph, P. Farrow and alternates M. Wilmore, G. Hillier, T. Mitchell and K. Brown.
From The Australian Workers' Union, Technical Administrative Professional Staff Branch appointing:- J. Day and J. Byrne.
From The Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia, NSW Telecommunications & Services Branch appointing:- I. McCarthy and V. Horrex.
From The National Tertiary Education Union, New South Wales Branch appointing:- C. Game, M. Thomson, S. Price and S. Rosewarne.
From The National Union of Workers, New South Wales Branch appointing:- D. Belan, W. Meaney, M. Issanchon, S. Cain, R. Herbert, C. Morgan, M. Cochrane and J. Cody.
From The New South Wales Nurses' Association appointing:- C. Blair, L. Griffiths, B. Holmes, J. Kiejda, L. Kremmer, K. Lee, Em. McMillan, R. Martin, T. O'Grady, S. Pearce, H. Rebeiro, L. Ridge, N. Scilinato, D. St Clair, K. Sullivan, M. Thomas, M. Waters, M. Whaites, R. Whatman, C. Levett and G. Clark.
From The Police Association of New South Wales appointing:- B. Pritchard, S. Weber, P. Tunchon, M. Spring, A. Whitton, G. Black and P. Remfrey.
From The NSW Teachers Federation appointing:- F. Barnes, J. Irving, P. Bradley, J. Lemaire, P de Graaff, B. Lipscombe, J. Diamond, J. Dixon, D. Long, M. O'Halloran, S. Edsall, C. O'Sheades, A. Gavrielatos, M. Rosicky, L. Hankinson, B. Seymour, J. Hannaford,P. Wilson, C. Fraser, J. Gauci, J. Killen, P. McGregor, T. Moriarty and C. Moskwa.
From The Textile Clothing & Footwear Union of Australia, New South Wales Branch appointing:- B. Tubner, S. Davies and P. Lane.
The Secretary, Com. J. Robertson moved: -
"That the credentials be received and the delegates welcomed".
Com. D. Shearman seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - S. Moait, N. Lewocki, B. Kruse, P. Bastian, T. Ayres, F. Barnes, J. Diamond and C. O'Sheades.
The Secretary, Com. J. Robertson moved: -
"That the apologies be received and accepted".
Com. M. Want seconded.
CARRIED
SUSPENSION OF STANDING ORDERS
The Secretary, Com. J. Robertson, moved a Suspension of Standing Orders to report on the sale of Currawong
Com. B. Riordan seconded.
CARRIED
The Secretary, Com. J. Robertson, informed delegates that after lengthy negotiations it was proposed that Currawong be sold to Echo Villages Pty Ltd for $15 million. The proposed sale has been endorsed and recommended by the Finance Committee, he said.
The Secretary said, whilst it was a difficult step for Unions NSW to take, it was an appropriate one, given the challenges the union movement faced from the Federal government's WorkChoices legislation.
He said the important thing for Unions NSW was to be in a sound financial position to be able to conduct a strong campaign against the Federal Government's unfair and inequitable workplace laws.
In closing, the Secretary said that the sale price of $15 million was a good outcome for Unions NSW.
The Secretary, Com. J. Robertson moved: -
"That the report be received."
Com. B. Holmes seconded
CARRIED
The Secretary, Com. J. Robertson moved: -
"That the report be adopted and that the sale of Currawong to Echo Villages Australia Pty Ltd as recommended by the Finance Committee be approved."
Com. D. Shearman seconded and spoke to the motion.
CARRIED UNANIMOUSLY
RESUMPTION OF STANDING ORDERS
The Secretary, Com. J. Robertson moved: -
"A resumption of standing orders."
Com. D. Shearman seconded
CARRIED
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Association of Professional Engineers, Scientists & Managers, Australia, New South Wales Branch: regarding correspondence they had received from the Industrial Relations Commission of New South Wales regarding the conduct of elections of officers of State Industrial organisations. The Union said that the correspondence further indicated that "it had become necessary to increase fees charged by the State Electoral Office so that its pricing structure better reflects the full cost of providing professional election services." The Union said that their experience with the new arrangements indicated that this was an understatement. They said that in 2005, elections for their State Committee of Management cost $649.00. In 2006, the cost of these elections could be as much as $8,618.00. The Union said that an increase in costs of this order in one year was clearly a problem, especially in the context of the escalating costs flowing from contemporary developments in industrial relations, notably the Federal Government's WorkChoices legislation. They said that their Committee of Management was raising the matter with Unions NSW with a view to seeking a less costly arrangement, possibly in conjunction with other industrial organisations who are no doubt in a similar position.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW seek a meeting with the Attorney General's office regarding the significant increase in costs of conducting an election for state industrial organisations."
Com. C. Babcock seconded the resolution.
CARRIED
2. From the Shop, Distributive & Allied Employees' Association, New South Wales Branch:- concerning the decision of President Justice Sheehan of the Workers Compensation Commission of New South Wales, in Widdup v Hamilton, handed down on 4th October 2006. The Union said that the decision provided that the Workers Compensation Commission does not have the power or jurisdiction to make a 'declaration of liability' in respect of proposed hospital and medical treatment pursuant to section 60 of the Workers Compensation Act 1987. They said that the effect of this decision was that injured workers are required to pay for medical treatment, which may later be reimbursed by an insurer. However, this created uncertainty for injured workers and could lead to considerable financial hardship and unreasonable delay in necessary treatment. The Union said that at paragraph 49 of his decision, Justice Sheehan held "It is, therefore regrettable that the Commission is not empowered to make declarations of future liability pursuant to section 60, and consideration should be given to legislative reform in this regard to avoid hardship." The Union requested that Unions NSW contact the Minister's office requesting a change to the Workers Compensation Act 1987 to empower the Workers Compensation Commission to be able to make a declaration of liability in respect of proposed hospital and medical treatment pursuant to section 60 of the Act.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW contact the Minister for Industrial Relations's office seeking a change to the Workers Compensation Act regarding the power of the Workers Compensation Commission to make a declaration of liability under s60."
Com. G. Dwyer seconded the resolution.
CARRIED
3. From the NSW Teachers Federation: - seeking the support of Unions NSW for the early introduction, by the NSW Government, of legislation enabling the salary sacrifice of compulsory employee contributions for members of the State Superannuation Scheme (SSS). The Union said that the NSW Cabinet, in November 2006, had approved the necessary changes and they had written to the government seeking a commitment to the introduction of enabling legislation in the budget session following the NSW election.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support the NSW Teachers Federation request for an early introduction of legislation enabling State Superannuation Scheme (SSS) members to salary sacrifice."
Com. M. O'Halloran seconded the resolution.
CARRIED
4. From the Minister for Industrial Relations, Hon. John Della Bosca, MLC:- expressing his concern about the impact of the Commonwealth's changes to occupational health and safety and workers compensation laws on NSW workers and business. He said he was particularly concerned about the confusion created by their safety laws and minimal staff on the ground in NSW. The Minister said that last year he had written to the then Minister for Workplace Relations expressing his concern and asking for clarity on the new arrangements to operate in NSW from mid March this year. He said that he had sent a copy of that letter to Minister Hockey and would advise Unions NSW when he had received a response from him. He said he understood that the Commonwealth intends to introduce regulations under the new legislation before it commences in mid March but were yet to consult with the states on the drafting.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support the Minister's approach to the Commonwealth concerning the Federal Government's new OH& S and Workers Compensation laws."
Com. G. Derrick seconded the resolution.
CARRIED
5. From the Rail Tram & Bus Union, New South Wales Branch and the Australian Services Union, New South Wales Branch: - expressing their concern about the increasing culture of bullying and harassment which appears to be taking hold in many areas of RailCorp's operations. The Unions said that the culture included incidents such as a person being subjected to harassment from her managers over a long period of time, and a person who had made a complaint of physical assault against another employee being 'counselled' even though the assault was confirmed. They said that in addition to numerous instances of inappropriate or simply incompetent behaviour in respect of the management of equity and diversity issues in that organisation, there was also the issue of protracted and incompetently conducted investigations when complaints were lodged. Both unions have raised their concerns about the unsatisfactory culture in RailCorp with senior management and that they have had no proper response. They said that instead they had been advised that an internal investigation was being held, which would be conducted by Vince Graham, CEO, Chris Raper (Director, Equal Opportunity in Public Employment) and Irene Moss of ICAC. Whilst Mr Raper and Ms Moss are committed to discharging their public obligations, the unions are concerned that the process lacks transparency, has no publicly available terms of reference, and that the employee organisations representing the workforce had not been formally advised, let alone consulted. The Unions believe that an outside, wholly independent organisation, with demonstrated expertise in diagnosing and dealing with negative and dysfunctional organisational cultures should be engaged to conduct a proper audit of the whole organisation. The Unions sought the support of Unions NSW and affiliates with an approach to the relevant Minister, with a request that an independent, reputable outside body be engaged to conduct a wholesale audit of RailCorp's whole approach to the issue of equity and diversity.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support the ASU and RTBU that an approach be made to the Minister supporting the call that an external independent investigation be conducted into the management of equity and diversity issues in RailCorp."
Com. S. McManus seconded the resolution.
CARRIED
REPORTS
1. Appointment of Returning Officer for 2007
Com. J. Robertson moved:-
"That Vern Falconer be appointed Returning Officer and Frank Barnes be appointed Assistant Returning Officer for 2007."
Com. P. Farrow seconded.
CARRIED
ANNOUNCEMENTS:
1. Eastern Sydney Your Rights @ Work - Worth Fighting and Voting For
As part of Unions NSW and the ACTU campaign to fight WorkChoices, an Inaugural Meeting is being held to co-ordinate campaign activities in the area covered by the Federal seats of Kingsford Smith and Wentworth, and in the broader campaign for fair work laws.
Thursday 8th February 2007 - 6p.m for 6.30 - 7.30p.m.
Dining Room, Randwick Labor Club, 135 Alison Road, Randwick
For further information contact Luke Whitington on 0425 214 731.
2. Retired Unionists Meeting
Retired union members from the AMWU, CFMEU and MUA have arranged a meeting for all interested retirees to discuss the impact of WorkChoices and the Your Rights At Work Campaign. Organisers would like retirees to become more actively involved in the campaign.
Thursday 15th February 2007 -11.00a.m
Tom Mann Theatre, 136 Chalmers Street, Surry Hills (near Central
Guest Speaker: The Hon. John Della Bosca, NSW Minister for Industrial Relations.
COUNCIL ADJOURNED AT 6: 41PM
Acting President:_______________________
About Unions NSW
