Meeting held : 12 April 2007
Chair of Meeting: The Acting President, Comrade Annie Owens
Location of the meeting : Trades Hall Auditorium, 4 Goulburn St Sydney
UNIONS NSW MEETING MINUTES
MEETING HELD THURSDAY 12TH APRIL
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:05 PM
The Acting President Com. A. Owens occupied the Chair.
PRESENT: -J. Robertson [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. B. Tubner seconded.
CARRIED
The Secretary, Com. J. Robertson moved: -
"That the minutes as circulated be adopted".
Com. A. Casey seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - S. Moait, M. Lennon, N. Lewocki, G. Dwyer, M. Want, F. Barnes, M. O'Halloran, J. Irving, J. Killen, J. Diamond, R. Collison, B. Holmes and J. Kiejda.
The Secretary, Com. J. Robertson moved: -
"That the apologies be received and accepted".
Com. M. Stuart seconded.
CARRIED
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Chairperson, Anti-Poverty Week in NSW: advising Unions
NSW that Anti-Poverty Week this year would be held from 14th to 20th October and that the United Nations had designated Wednesday, 17th October as International Anti-Poverty Day. They said that the Week highlights poverty around the world, especially in the poorest countries but also in wealthier countries such as Australia. The main aims of Anti-Poverty Week in Australia are to:
• Strengthen public understanding of the causes and consequences of poverty and hardship around the world and within Australia;
• Encourage research, discussion and action to address these problems, including action by individuals, communities, organisations and governments.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW liaise with affiliates regarding appropriate activities and events in support of Anti-Poverty Week."
Com. S. McManus seconded the resolution.
CARRIED
2. From the Construction Forestry Mining & Energy Unions, Construction & General Division, NSW Branch:- advising Unions NSW and affiliates of an upcoming meeting of the Sydney Community Response Network to Assist Trafficked and Enslaved Persons to be held on Tuesday April 17th at the UTS Law School and requested support for this community initiative by sending a representative to the meeting. The Union advised that the network, which is facilitated by the UTS Faculty of Law Anti-Slavery Project, were seeking to develop a co-ordinated community response to human trafficking and slavery in the greater Sydney region. They said that victims of trafficking could be men, women or children who are enslaved in sex work, construction, restaurants, factories, agriculture, domestic work and other industries. These victims are enslaved through a variety of forms including debt bondage, threats of violence, confiscation of passports and fear of being handed over to immigration authorities. The initiative seeks to bring together churches, trade unions, community workers, migrant service providers, legal professionals, government representatives and law enforcement representatives to address these human rights abuses of working people, provide co-ordinated assistance, punish traffickers and prevent future cases of trafficking.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW advise affiliates of the upcoming meeting on human trafficking and seek to send a representative as requested."
Com. A. Ferguson seconded the resolution.
Com. Jenny Stranger addressed delegates.
CARRIED
3. From the Maritime Union of Australia, Sydney Branch:- thanking Unions NSW and affiliates who had participated in their national stoppage of all waterfront labour on 23rd March in response to the excessively high mortality rate on the Australian waterfront. The Union said that the day was a tremendous success that that despite the harsh nature of WorkChoices no AIRC orders were received by the union and that at this stage no fine or penalty to the union had occurred. The Union said that they would continue with their campaign to achieve a National Stevedoring Code of Practice to ensure that the carnage on the waterfront is quelled. The Union requested the support of Unions NSW in lobbying the State and Federal Governments to ensure the code of practice comes to fruition. They said that they had been able to gain the support of two major stevedores Dubai Ports World (ex P& O) and Patrick/Toll for the implementation of such a code of practice. The Union said that the national nature of the stevedoring industry however demanded that such a code of practice should be implemented nationally which at present means the support of a very anti-worker Howard Federal Government. They said that Federal Ministers with responsibility in this area were Joe Hockey, Employment and Workplace Relations and Mark Vaile, Minister for Transport who respectively had responsibility for the Australian Safety and Compensation Council (ASCC) and the Australian Maritime Safety Authority (AMSA). The Union said they had written to the NSW Minister for Industrial Relations, John Della Bosca requesting his support and endorsement of a National Stevedoring Industry Code of Practice and were awaiting his response. The MUA said they had named the project a National Code of Practice for Stevedoring. However, in OHS parlance, the project title could be misleading in that they have in mind a new national standing adopted through regulation under State and NT OHS law and under the Navigation Act 1912. Such a regulation/Marine Order would need to be supported by practical guidance. The Union said that had also commenced work on identifying an appropriate model standard and had identified the International Labour Organisation (ILO) Dock Workers Code of Practice as an appropriate starting point, recognising it would need adaptation to Australian conditions.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support the MUA's call for a National Code of Practice on OH&S and write to Minister Della Bosca advising of our support."
Com. P. Garrett seconded the resolution.
CARRIED
4. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch and the Australian Workers' Union, Greater NSW Branch:- advising Unions NSW that the Federal Court had found against the CFMEU in an action by the Australian Building and Construction Commission (ABCC). The Union said that the ABCC brought proceedings against the union alleging a number of breaches of the Workplace Relations Act. They said that whilst the Court threw out nine of the charges, it found that two union officials were in breach of the Workplace Relations Act for making what the Court found to be misrepresentations about the obligation of a number of individuals to be union members. The Court ordered $23,500 in fines, but also ordered that State and Federally registered CFMEU publish two full page advertisements in the Illawarra Mercury advising building workers that membership of a trade union was voluntary. This was unprecedented and there was very real doubt about whether the Court had the power to do this under the Workplace Relations Act 1996 and that the CFMEU had lodged an appeal of the decision.
The AWU advised Unions NSW of the sacking last week of their delegate Marty Peek who had been employed at Tristar Steering & Suspension for 35 years. The Union said that Marty had been dismissed because he spoke to the media, as a union delegate, about the appalling treatment of his fellow employees by Tristar. They said that Tristar were utilising the Howard government's WorkChoices legislation to avoid paying legitimately negotiated redundancy payments to workers who are entitled to decent severance payments in accordance with their enterprise agreement. Tristar alleged that Marty's behaviour brought the company name into disrepute and warranted his dismissal. The Union said they would continue to fight for the rights of the Tristar workers, and Marty Peek, in unlawful termination proceedings in the Federal Court and would also continue to highlight the immoral actions of Tristar towards their employees.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW notes that both the correspondence from the CFMEU and AWU highlight the absurdity, inequity and lack of balance of the Workplace Relations Act and , in particular, highlights that the Act is an impediment to the rights of workers to be properly represented by their union."
Com. R. Mallia seconded and spoke to the resolution.
Com. V. Falconer spoke regarding Tristar.
CARRIED
5. From the Maritime Union of Australia, NSW Branch; Australian Manufacturing Workers' Union, NSW Branch; Australian Institute of Marine And Power Engineers, NSW District and Australian Maritime Officers Union:- regarding the tragic collision which occurred between a Sydney Ferries vessel and a privately owned vessel on Sydney Harbour last month. The unions were writing to Unions NSW regarding the Special Commission of Inquiry (the 2007 Walker Inquiry) announced by the Minister for Transport. They said there were specifically concerned about the Terms of Reference for the Inquiry. The unions said that they all regarded the safety of the travelling public as an absolute priority and supported the conducting of the 2007 Walker Inquiry. However, they had some specific concerns that they believe must be addressed in order for the Inquiry to provide a genuine and strategic review of the Sydney Ferry service. They said that while three of the four published Terms of Reference focused on operations and industrial and employment conditions, they were concerned that there was no specific indication of inquiry into past and current management of Sydney Ferries and pointed to what has become a 'revolving door' culture permeating the management of the entire service. The unions advised that over the last five years there has been four Ministers for Transport and no less than chief managers, including four CEO's, responsible for Sydney Ferries and that each time there had been a major problem the chief manager had resigned or been removed. They said that with each new chief manager or CEO there had been an entirely different style and set of priorities and in their view this had made effective management and operations leadership impossible at Sydney Ferries. The Unions believe that there has been no effective long term planning or strategy at Sydney Ferries. The unions pointed to the large number of Inquiries undertaken in recent years into the Sydney Ferry Service and that the recommendations from these Inquiries had been largely ignored. They said that they had cooperated with these Inquiries and had made lengthy and thoughtful submissions. Given the history and the unions concerns about the published Terms of Reference for this Inquiry, they want to ensure that the Walker Inquiry 2007 was not used as a vehicle to justify further privatisation of the Sydney Ferry Service or parts of it while ignoring systemic problems mentions above.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW seek a meeting with the Minister for Transport with respect to the Terms of Reference and other concerns of ferry workers about the Inquiry into Sydney Ferries."
Com. P. Garrett seconded and spoke to the resolution.
CARRIED
6. From the Liquor, Hospitality and Miscellaneous Union, New South Wales Branch:- advising Unions NSW that today was the anniversary of the passing of legislation in NSW providing for an eight hour working day. The union said that it was significant that we mark this anniversary in light of the Federal Government's attempts to remove conditions such as this under the WorkChoices legislation. They said that the fact that the right to an eight hour day was something that workers in NSW have had for some 91 years showed how backward in its thinking on industrial relations the Federal Government is. They said that the fact that this government was trying to remove a provision that had been around for 91 years, showed that WorkChoices was really about taking workers back to the conditions of the 19th century. Today's anniversary of the Eight Hour Day legislation is a reminder to all unionists of the need to continue the fight against the draconian WorkChoices laws.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW note the anniversary of the Eight Hour Act as a timely reminder of the need to continue the fight against the WorkChoices legislation."
Com. M. Gatfield seconded the resolution.
CARRIED
REPORTS
1. April 22nd Protest Rally and Concert
The Secretary, Com. J. Robertson reported on the April 22nd Rally and Concert. He advised delegates that a media launch had been held today at the Sydney Cricket Ground. Com. Robertson said that delegates should assemble at Hyde Park at 11am then march to the Cricket Ground for the Rockin For Rights concert. He stressed to delegates the importance of mobilising their members to attend the protest march and concert on Sunday.
Com. J. Robertson moved:-
"That the report be received and noted"
Com. P. Kessey seconded.
CARRIED
ANNOUNCEMENTS:
1. 2007 Mothers Day Classic
Join the Your Rights At Work team in the Mothers Day Classic 2007. Walk or Run for Breast Cancer Research.
Sunday 13th May 2007
For further information about how to participate in the YRAW teams, visit memberconnect.com.au or call 1300 362 223
COUNCIL ADJOURNED AT 6: 49PM
Acting President:____________________________________
About Unions NSW
