Meeting held : 08 March 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 8th MARCH 2007
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:02 PM
The Acting President Com. R. Collison occupied the Chair.
PRESENT: - M. Lennon [Acting Secretary], C. Christodoulou, A. Peters (Deputy Assistant Secretaries).
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. N. Lewocki seconded.
CARRIED
CREDENTIALS
From The Electrical Trades Union of Australia, New South Wales Branch appointing: - B. Curry in place of B. Riordan.
From The Australian Workers' Union, Greater New South Wales Branch appointing:- T. Mitchell in place of S. Bali.
From The Rail Tram and Bus Union, NSW Branch appointing:- H. Bellette in place of P. Kessey.
The Acting Secretary, Com. M. Lennon moved: -
"That the credentials be received and the delegates welcomed".
Com. G. McLean seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - S. Moait, J. Robertson, M. Thistlethwaite, M. Stuart, B. Kruse, J. Cahill, S. Walshe, G. Dwyer, V. Higgins, J. Diamond, A. Claasens, B. Smith, S. Bali.
The Acting Secretary, Com. M. Lennon moved: -
"That the apologies be received and accepted".
Com. M. Want seconded.
CARRIED
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch:- advising that they had reached a settlement of claim for their member Mr Jin Woog Kim who was an illegal worker horrifically injured in a workplace accident and who had been ruthlessly exploited prior to the accident. The Union advised that Mr Kim was now in receipt of weekly compensation payments and had also received a substantial settlement due to underpayment of wages.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and that the CFMEU be congratulated for its success in securing Mr Jin Woog Kim's entitlements after a long campaign."
Com. A. Ferguson seconded the resolution.
Com. Jin Woog Kim spoke.
CARRIED
2. From the Maritime Union of Australia, Sydney Branch:- regarding the Project Agreement for the redevelopment of Port Botany. The Union said that although they opposed the NSW Government policy which aims to introduce a new stevedoring entrant to Port Botany, they supported the expansion of NSW container port capacity to help meet Australia's import and export requirements into the future. They said that they also support the principle of competition, but said it must be fair and balanced competition which is based on adoption of, or maintenance and improvement of, core labour standards. The Union said they opposed the introduction of a new stevedoring entrant because:
• there was no economic justification for such a policy (in fact the NSW Commission of Inquiry report cast serious doubt on the economic merit of such a policy);
• a new entrant would bring no new business (and can only prosper by winning existing business away from the incumbent stevedores) which would have the effect of dissipating investment capability at a time when new capital investment is urgently required to help lift stagnant capital productivity at Port Botany; and
• the only area for competitive advantage to be gained by a new entrant will be competition around wages and conditions of employment among the workforce, or across the workforce, as all other costs are essentially fixed costs. Under the current WorkChoices legislation, with scope for greenfields agreements and encouragement of individual contracts, such a policy is a recipe for industrial instability, and contradicts the effective efforts made by the MUA to establish labour stability, improve labour efficiency and labour productivity at Port Botany over the nearly 10 years since the destructive Patrick's dispute.
The Union said they would continue to agitate against a new stevedoring entrant at Port Botany, and that they were grateful for the continuing support of Unions NSW and key affiliates for the MUA position. They said that they understood that planning for the construction phase of the Port Botany redevelopment was well advanced. They also believe that it is essential that there be a Unions NSW co-ordinated project agreement for the project, given its value, size and significance. A project agreement was essential to ensure that all labour relations issues (including safety, labour supply, skills and straining) were addressed in a co-ordinated and consistent fashion, which minimises the scope for disputation and project delay - in fact which can, if effectively and sensibly managed by all parties, ensure that there was continuity of labour and guaranteed project outcomes for the NSW Government in terms of cost and timeliness of the project. The Union said they believed that under the current industrial relations law, it was important that a project agreement establish and guarantee core labour standards regarding rights to organise, to service members and to negotiate around legitimate labour issues. The Union requested that Unions NSW take two initial (but simultaneous) steps:
• call a meeting of unions likely to be a party to a Port Botany project agreement, with the aim of mapping the scope and essential framework of such an agreement; and
• write to relevant NSW Ministers, including the Minister for Industrial Relations, the Minister for Planning and the Minister for Ports requesting their agreement to commence negotiations on a project agreement covering all aspects of the Port Botany development.
Com. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW organise a meeting of the relevant unions and approach the appropriate Government Ministers regarding a Port Botany Project Agreement as requested."
Com. G. Derrick seconded the resolution.
CARRIED
3. From the Australian Manufacturing Workers' Union, NSW Branch and the Electrical Trades Union of Australia, NSW Branch: - advising Unions NSW regarding the ongoing dispute with James Hardie over a new EBA for maintenance workers. The AMWU and ETU thanked Assistant Secretary, Mark Lennon and Deputy Assistant Secretary, Chris Christodoulou for taking part in their rally outside James Hardies headquarters in the city. The unions said that despite the fact that the workers took Protected Action, the company's response to their 24 hour stoppage on Monday was to impose a one week lock out. They said that the workers had all been served notice that further industrial action would be met with ongoing lock outs: one week for every day; one month for every week of industrial action. They also said that the company continues to offer AWA's to its workers and that there has been no useful negotiations since before the workers voted to reject Hardies' offer in a Secret Ballot held on 13th February and that the company's position continued to be one of 'take it or leave it'. The unions said that clearly this was an example of John Howard's WorkChoices at its ugly worst; workers were entitled to a choice only so long as it was in line with the company's position. In other words: no choice.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW condemn the use by James Hardie in the dispute with the AMWU and ETU of the worst aspects of the WorkChoices legislation including the continued offering of AWA's and the locking out of employees for one week in retaliation for a one day stoppage.
Unions NSW calls on James Hardie to return to the bargaining table and negotiate a fair and just agreement.
Further, affiliates are encouraged to support the James Hardie workers by attending the BBQ Lunch tomorrow."
Com. B. Currie seconded and spoke to the resolution.
CARRIED
4. From the Australian Workers' Union, Greater New South Wales Branch:- expressing their concern that John Holland had engaged the National Contracting Group Pty Ltd to be the major contractor on a civil construction site at the Federal Government Defence site, Holsworthy. The Union advised that the National Contracting Group were withholding payment to the sub-contractors and Derry Excavations, in particular, found they were in a position where they were now owed around $800,000.00. They said that the amount was disputed by National Contracting Group, but prior to any settlement or monies being paid the company went into voluntary administration. Unfortunately, Derry Excavations and other sub-contractors were not engaged directly by John Holland who will not accept any liability or responsibility for payments to these sub-contractors. The Union advised that there are approximately 25 AWU members who are owed wages and entitlements as a result of National Contracting Group going into voluntary administration. The union believes John Holland has to take some responsibility for engaging these unethical contractors and calls on Unions NSW to convene a meeting as a matter of urgency with John Holland to broker a settlement for these companies in order that their members and other workers can receive their rightful entitlements.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW convene a meeting with John Holland to seek payment of outstanding wages and entitlements for AWU members at the Holsworthy site as requested."
Com. N. Allen seconded the resolution.
CARRIED
5. From the Public Service Association of New South Wales: - advising Unions NSW that this year the PSA faced the most important battle in its history. The union said that it was very important for their members employed under Federal agreements to defeat the Howard Government and that to this end they had been heavily involved in the "Your Rights At Work" Campaign. They said that before this however we must also ensure that the NSW Liberal Opposition remains just that - Opposition. The union said that Peter Debnam had promised to hand over NSW Industrial laws to the Federal Government and that we could not allow the oldest system in Australia, which was still a fantastic system for workers, to be destroyed. They said that they were concerned with Peter Debnam's promise to cut 20,000 jobs and that it was pleasing to see in the Daily Telegraph this morning, that the PSA campaign, which has been endorsed and supported by the other public sector unions and Unions NSW, had now placed public sector job cuts as the number one issue in the State election. The Union said that it was great to see that the union movement in Australia and especially here in NSW remained strong and united in defeating those who try to oppose them.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW reaffirm its call to the workers in this state not to risk Peter Debnam, Member for Vaucluse at the upcoming state election.
Further, Unions NSW congratulates the PSA on its campaign to date to protect public sector jobs and services."
Com. S. Turner seconded the resolution.
CARRIED
6. From the Textile Clothing & Footwear Union of Australia, NSW Branch:- regarding the prominent role the Opposition Leader Peter Debnam's budgie smugglers seemed to be playing in the state election campaign and that members of their union were raising questions about exactly where they were made. The union said that this was a serious issue for a man who wanted to lead the state and claims to be committed to growing the NSW economy. They said that not all budgie smugglers were the same and that most garments were now produced overseas, where workers receive as little as five dollars a day to produce them. The union said that thanks to their campaigning, a number of costumes were still being produced locally, but these were confined to garments produced especially for surf lifesaving clubs. They said that the big question was this: had Mr Debnam gone for the top shelf local brand or settled for a cheap foreign import? They said that a simple check of the tag at the back of the cossie would reveal the truth. The union requested Unions NSW write to Mr Debnam and ask him to clarify where his budgie smugglers came from and that if it emerges that the cossie was foreign produced, the TCFUA would be happy to provide Mr Debnam with a locally produced pair so he could wear them with pride.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW write to Mr Debnam seeking clarification as to where his ever present swimming costume was made and forward the offer from the TCFUA to provide a locally made pair."
Com. B. Tubner seconded the resolution.
CARRIED
REPORTS
1. Your Rights At Work Advertising Campaign
The Acting Secretary, Com. M. Lennon reported that the paid advertising campaign had started and the first advertisement was on screen for delegates to see. Com. Lennon said that further advertisements would be shown throughout the year.
Com. M. Lennon moved:-
"That the report be received and noted"
Com. B. Holmes seconded.
CARRIED
ANNOUNCEMENTS:
1. Unions NSW Thursday Meetings
There will be no further Thursday night meetings until after the State Election on 24th March
Meetings will commence again on
Thursday, 29th March 2007 at 6p.m.
2. Labor Day Dinner
Friday, 9th March 2007
7.00p.m.
Parliament House, Macquarie Street
Parking is available
For further information contact Johnno Johnson on 0419 243 285
3. International Women's Day March & Rally
Saturday, 10th March 2007
March and Rally commencing at 12 Noon at Sydney Town Hall Square
Proceeding to Hyde Park
All women union members are encouraged to attend.
4. Delegates Meeting - State Election
Tuesday, 13th March 2007
Parramatta RSL Club, Macquarie Street, Parramatta
10.00a.m. - 12 Noon
5. North Sydney & Lower North Shore YR@W Group
Tuesday, 13th March 2007
Upstairs Hall, Neutral Bay Community Centre
190 Military Road - 5.45p.m for 6p.m.
Join us for a Q & A evening with the North Shore State Election Candidates to hear what they have to say about the Industrial Relations laws "WorkChoices" and other important issues which are impacting on the community. For further information phone 9281 9151 or email yourrightsatwork@gmail.com.
6. PSA Public rally to Save Jobs & Services
Thursday, 15th March 2007
9.00 - 10.00a.m.
Sydney Town Hall
7. Harbour Bridge Walk
Unions NSW is organising a group to walk across the Bridge on 18th March as part of the 75th Anniversary celebrations.
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: 30PM
Acting President:_________________
About Unions NSW
