Meeting held : 08 February 2007
Chair of Meeting: The Acting President, Comrade Barry Johnson
Location of the meeting : Trades Hall Auditorium, 4 Goulburn St Sydney
UNIONS NSW MEETING MINUTES
MEETING HELD THURSDAY 8TH FEBRUARY 2007
IN THE EXECUTIVE BOARD ROOM AT
4 GOULBURN STREET, SYDNEY, AT 5:06 PM
The Acting President Com. B. Johnson 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. T. Moriarty seconded.
CARRIED
The Secretary, Com. J. Robertson moved: -
"That the minutes as circulated be adopted".
Com. R. Fortescue seconded.
CARRIED
CREDENTIALS
From The Australian Workers' Union, Greater NSW Branch appointing:- P. Moylan in place of S. Rumph and M. Wilmore in place of S. Bali.
From The Textile, Clothing & Footwear Union of Australia, New South Wales Branch appointing:- D. Karlsson in place of S. Davies.
From The Public Service Association of New South Wales appointing:- J. Shaw as a delegate for tonight's meeting.
FOR THE ENSUING YEAR
From The Australian Institute of Marine and Power Engineers, New South Wales District appointing:- Andrew Williamson.
From The Australasian Meat Industry Employees' Union, New South Wales Branch appointing:- C. Donzow, P. Fernandez, D. Williams and alternates P. Usher and M. Perkins.
From The Association of Professional Engineers, Scientists & Managers, Australia, New South Wales Branch appointing:- G. Brock. C. Jones, and M. O'Connell.
From The Association of Professional Engineers, Scientists & Managers, Australia, Collieries' Staff Division appointing:- C. Bolger.
From The Association of Professional Engineers, Scientists & Managers, Australia, Transport Division appointing:- C. Bolger.
From The Club Managers' Association of Australia appointing:- A. Peter and P. Cooper.
From The Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch appointing:- G. Preston, A. Ferguson, I. Gemmell, R. Mallia, P. McClelland, T. Papa and Brian Parker.
From The Local Government Engineers' Association of New South Wales appointing:- C. Badcock.
From The Shop Assistants and Warehouse Employees' Federation of Australia, Newcastle and Northern New South Wales Branch appointing:- B. Nebart, G. Gibson, L. Wiebe, T. May and R. Singer.
From The Shop Distributive and Allied Employees' Association, New South Wales Branch appointing:- G. Dwyer, B. Smith, E. Cody, J. Knight, D. Bliss, M. Zadow, B. Govind, C. Haigh, W. Hickey, J. Taylor, B. Hawkins and B. Collins.
The Secretary, Com. J. Robertson moved: -
"That the credentials be received and the delegates welcomed".
Com. P. Fernandez seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - S. Moait, , C. O'Sheades, B. Holmes, J. Cahill, S. Walsh and J. Diamond.
The Secretary, Com. J. Robertson moved: -
"That the apologies be received and accepted".
Com. M. Want seconded.
CARRIED
QUESTION WITHOUT NOTICE
Com. F. Barnes asked the Secretary what the exhibition in the atrium was about?
The Secretary, Com. J. Robertson replied that the exhibition was a history of the struggles of gay and lesbian workers over many trades. It also highlighted the role unions have played in that struggle. It is also a reminder that there is much to do on improving the rights of gay and lesbian workers, particularly in areas such as superannuation.
GUEST SPEAKER:
The Acting President, Com. B. Johnson, introduced Mr advised Executive that Mr Barry Robson, President of Asbestos Diseases Foundation of Australia and invited him to address the meeting.
Co. Robson said that it was good to be here with all his trade union colleagues as it was indeed an historic occasion with James Hardie shareholders today endorsing the funding agreement for victims.
Com. Robson said that without the support of the trade union movement ADFA would not have won this struggle against James Hardie. It was a hard struggle but the support of the trade union movement across the country ensured the ultimate victory.
The role of the State Government Com. Robson stated was also crucial in the success of the campaign. In particular, the government's establishment of the Jackson Inquiry was a crucial step in the campaign.
The role of the media was also significant, in particular support from journalists such as Matt Peacock of the ABC he said.
Com. Robson said that there was a number of his fellow campaigners, including Reg Stephenson and Ray May, had fallen victim to the disease during the campaign and were not here to celebrate this victory.
In closing, Com. Robertson thanked the unions, in particular the AMWU, AWU, CFMEU, MUA, ETU, NUW and Unions NSW for their unstinting support for the campaign.
Com. Robertson, in thanking Com. Robson said that it had been a significant victory and it shows what the trade union movement can achieve when it works with the community.
Morally, James Hardie had to be brought to account for its actions and it was thanks to the collective efforts of unions, victims, government and the community that this occurred.
Secretary, Com. Robertson said that credit had to be given to the former Premier, Com. Bob Carr. His unrelenting pursuit of James Hardie even to the extent of threatening to legislate to make the company pay was critical in bringing about this result today. His contribution should be given particular recognition.
In closing, Com. Robertson thanked Com. Robson for his key role in the campaign.
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Australian Manufacturing Workers' Union, NSW Branch:- regarding the settlement of the lengthy battle to secure compensation for victims of James Hardie's asbestos products. The Union said that there was no doubt that the win for victims would not have been possible without the extraordinary commitment and work of the victims themselves, together with their families and supporters and the trade union movement as a whole had played a pivotal role from the very start of the campaign. They said that there were many people who should be thanked. In particular, certainly Bernie Banton, Ella Sweeney, Barry Robson, Eileen Day and all those at the Asbestos Diseases Foundation of Australia (ADFA) deserved a special mention. The Union said that the role of the NSW State Government in establishing the Jackson Inquiry was a turning point in the campaign and the tireless work and commitment of Armando Gardiman, Tanya Segelov, Leigh Sanderson and Ken Fowlie was far beyond the call of duty. Similarly, the role of Unions NSW and the ACTU; in particular Greg Combet, had been inestimable in securing the final result which had been reported in today's media. The Union said that the campaign for justice against James Hardie was a David and Goliath struggle and had demonstrated that despite the Federal Government's best efforts, the broad union movement would continue to work successfully with vulnerable people and community groups such as ADFA to ensure that the rights of ordinary working people and their families were defended and promoted.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and congratulations be forwarded to all those members of the Union movement, ADFA, the State Government, the legal profession and the broader community, whose hard work, dedication and commitment led to the successful settlement of the James Hardie dispute."
Com. P. Bastian seconded the resolution.
Com. B. Banton also spoke.
CARRIED
2. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch:- advising Unions NSW that due to the success of the Your Rights At Work campaign during the last twelve months a growing number of schools had contacted unions, including the CFMEU, seeking a speaker to address senior students on workplace issues. The Union said that many teachers were concerned that their students were not properly prepared for the difficulties they may face in the workforce, including dealing with AWAs, understanding their employment rights, dealing with poor safety and knowing where to go for assistance. They said that along with other unions, they were currently dealing with these requests in an ad hoc manner and were providing speakers where possible, however the development of a systematic and structured program to provide this vital information to young people in a consistent manner was vital to the growth of the trade union movement. The Union asked Unions NSW to investigate the possibility of developing and coordinating a program to assist with educating high school students who are about to enter the workforce.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW continue to seek ways of educating students about their employment rights as requested."
Com. T. Volmer seconded the resolution.
CARRIED
3. From the Minister for Industrial Relations, Hon. John Della Bosca, MLC: - advising Unions NSW of his intention to conduct a review into workers compensation arrangements in the direct selling industry. He said the Direct Selling Association of Australia had been in contact with him regarding the status of direct sellers for the purposes of workers compensation. He said that direct sellers were those involved in selling out of their home or their customer's home or office such as an Avon representative. The Minister said that the Direct Selling Association had long held the view that their industry salespersons were independent contractors receiving a margin from sales efforts undertaken as part of businesses regularly carried out by the contractors and therefore were not deemed to be workers pursuant to Workplace Injury Management and Workers Compensation Act 1998. However, this position was found to be incorrect in a relatively recent decision of the Court of Appeal, QBE Workers Compensation (NSW) Limited v Simaru Pty Ltd and Anor (2005 NEWCA464) which upheld the Workers Compensation Commission's finding that a direct seller was a deemed worker under Clause 5, Schedule 1 of the Workplace Injury Management and Workers Compensation Act 1998 as there was sufficient evidence to show that the worker was not an independent contractor. The Minister said that as a result of this decision, the Association had asked the Government to exempt these direct sellers from workers compensation legislation in New South Wales, as is the position in Victoria. Their request does not extend to others engaged in the industry such as office administration or warehouse workers. The Direct Selling Association has submitted that treating its industry's unique sales force as workers would create substantial retrospective and future workers compensation premium liabilities and, as such, the Association was concerned that the current situation would severely impact on the viability of the direct selling industry. The Minister advised that he intended to appoint a suitably independent expert to investigate the particular circumstances of the direct selling industry and report back to him. It is envisaged that the review will commence in May 2007 and would provide an opportunity for interested parties to articulate their concerns. Minister Della Bosca said that he had asked WorkCover to draft terms of reference for the review, which would include consideration of workers compensation implications, economic and social impacts, cost to business and other matters of consequence related to the status of direct sellers under workers compensation legislation. He said that to assist WorkCover in preparing the draft terms of reference for his consideration, it would be helpful if Unions NSW considered and advised WorkCover of specific issues of concern they would like included.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW liaise with relevant affiliates regarding the terms of reference for the proposed review prior to forwarding comments to WorkCover."
Com. M. Issanchon seconded the resolution.
CARRIED
4. From the South Coast Labour Council:- expressing the concerns of South Coast working communities about the Howard Government's nuclear power agenda. They said that delegates were aware that the Federal Government were promoting the option of up to 20 nuclear reactors being built on the eastern coastline. Given that there is around 500km of that coastline on the South Coast, their communities had good reason to be concerned, particularly given the fact that Jervis Bay was classed as Australian Capital Territory and was not protected by NSW state legislation prohibiting the building of nuclear power plants. A further reason to be concerned was that in the 1960s Jervis Bay was actually selected as the site for Australia's first nuclear power plant and construction of the foundations and roads had commenced before the McMahon Government shelved the idea in 1971. As a result of their decision the region had been left with a very strong slab and the best road to travel on in the Shoalhaven. Council advised that the local Liberal Member Jo Gash was so concerned at the backlash and the possibility of joining Eden Monaro on the marginal seat list that she slammed the South Coast Labour Council as irresponsible in peddling these concerns and stated that she would resign if a nuclear reactor was ever built in her electorate. Council advised that given Jo Gash's offer, they would now ask every Coalition MP on the South Coast, in the State and federally to match it. They also requested Unions NSW to consider doing the same throughout the state.
Com. J. Robertson moved the Executive Recommendation :-
"That the correspondence be received and Unions NSW approach Coalition MPs in NSW seeking their position of a nuclear power plant in their electorate as requested."
Com. A. Rorris seconded the resolution.
CARRIED
5. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch: - advising Unions NSW and affiliates of an upcoming peace vigil, the Twenty-O-Three Initiative, and to request support for this community action. The Union advise that the Twenty-O-Three Initiative, named because of the Iraq war was launched on 20th March 2003 and involves a peace vigil outside the US Consul General in Martin Place during the 20 working days leading up to the fourth anniversary of the US-led invasion. The Union advised that vigil signatures would be collected on an open letter to US President George Bush calling for the immediate end to this illegal and unjustified occupation which had resulted in thousands of civilian deaths. They said that Unions NSW had a longstanding and publicly recognised position of opposition to the Iraq War and that the growing community unease regarding the treatment of David Hicks and the mismanagement of Iraq that it was an important time to work with the peace movement to highlight the failing of the Howard Government. The Union sought the endorsement of this initiative, allow the use of Unions NSW's name on Twenty-O-Three leaflets, publicise the action to affiliates and distribute the open letter to all affiliates.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW liaise with the Twenty-O-Three Initiative to develop our support."
Com. T. Volmer seconded the resolution.
Com. N. Dean an organiser of the Initiative spoke.
CARRIED
6. From the Australian Manufacturing Workers' Union, NSW Branch: - regarding the ongoing campaign by unions to protect the full entitlements of workers at Tristar Steering and Suspension. The Union advised that workers had this week met with Kevin Rudd, Julia Gillard, Anthony Albanese and Robert McClelland in Canberra and that these Labor leaders clearly understood the issues and pledged their continuing support for the workers. They said that Kevin Rudd and Julia Gillard had committed the Federal Party to tearing up John Howard's Workplace laws. Anthony Albanese and Robert McClelland, in whose electors the workers live and work had been taking up the fight on their behalf since last year in the Parliament and would continue to do so. The Union said that their position was in stark contrast to that of the Federal Minister, Joe Hockey although he had told the media that the company directors at Tristar were "criminals". However when he met behind closed doors with the workers it was only to tell them repeated that he would not change the Federal laws which have allowed Tristar management to behave in that way. The NSW Minister for Industrial Relations, Hon. John Della Bosca had met with the workers at Tristar and, unlike Joe Hockey, he was prepared to take action on their behalf. Minister Della Bosca has shown the workers that the NSW State Government is prepared to take action on their behalf - not just talk tough to the media. The union congratulated the NSW Minister for Industrial Relations for his decisive action on behalf of vulnerable workers and their families in NSW, and particularly those at Tristar.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW congratulate Minister Della Bosca for his actions in establishing an inquiry into the actions of Tristar regarding its employees' redundancy entitlements."
Com. P. Bastian seconded the resolution.
CARRIED
REPORTS
1. Billboard Launch
The Secretary, Com. J. Robertson reported that the Your Rights At Work Billboard had been launched opposite the Nepean Hospital last week and he would like to show a short video of the event.
Com. J. Robertson moved:-
"That the report be received and noted."
Com. F. Barnes seconded.
CARRIED
ANNOUNCEMENTS:
1. 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.
2. Labor Day Dinner 2007
Labor Day Dinner will be held on Friday, 9th March 2007
Venue: Parliament House, Macquarie Street, Sydney
Time: 7.p.m.
Guest Speaker: The Hon. Morris Iemma, Premier of NSW
Cost: $125 each(all inclusive) Tables of 8, 10 and 12 are available.
Book early as only 400 places are available.
Carparking can be arranged.
All proceeds will go towards the Your Rights At Work Campaign.
Further information is available from Johno Johnston on 0419 243 285
Or Mary O'Donoghue on 9881 5999 or m.odonoghue@unionsnsw.org.au.
3. Harbour Bridge Walk
Sunday, 18th March 2007
Unions NSW is organising a group walk across the Bridge on 18th March as part of the 75th Anniversary celebrations. We are seeking to have 4,500 unionists marching in Rights @ Work T-shirts.
Further information is available from Alison Peters on 9881 5999 or a.peters@unionsnsw.org.au.
COUNCIL ADJOURNED AT 6.51PM
Acting President:______
About Unions NSW
