Meeting held : 24 May 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 24TH MAY 2007
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6.05 PM
The Acting President, Com. B. Johnson occupied the chair.
PRESENT J. Robertson (Secretary), M. Lennon (Assistant Secretary),
C. Christodoulou, (Deputy Assistant Secretary).
OPENING OF The Acting President, Com. B. Johnson opened the meeting
THE MEETING by recognising the traditional owners of the land on which the meeting was being held, the Gadigal People of the Eora Nation.
MINUTES The Secretary, Com. J. Robertson, moved:-
"That the minutes as circulated be received".
Com. F. Barnes seconded.
CARRIED
The Secretary Com. J. Robertson, moved:-
"That the minutes as circulated be adopted".
Com. S. Bali seconded.
CARRIED
CREDENTIALS
There were no credentials received for tonight's meeting.
APOLOGIES
Apologies were received and accepted for:- G. Dwyer, E. Cody, A. Ferguson, C. Game, B. Kruse, B. Holmes, S. Moait and A. Peters.
QUESTION WITHOUT NOTICE
Com. B. Riordan asked the Secretary if he was aware of accusations being levelled against the wife of the Federal Opposition Leader, Kevin Rudd, surrounding her business interests and practices.
In reply Com. J. Robertson said he was aware of the accusations and a press conference had been held this afternoon, at which Mr Rudd addressed the accusations in a clear and decisive manner.
MOTION OF CONDOLENCE
Com. Robertson said that it was his sad duty to inform delegates of the passing of Kevin Scott, former Federal Secretary of the Commonwealth Bank Officers Association (CBOA) and joint National Secretary of the Finance Sector Union. Com. Robertson said Kevin passed away last Monday week, 14th May after suffering a heart attack some weeks before. He said Kevin joined the Commonwealth Bank in 1958, and became the CBOA's first full time NSW Secretary in 1973, before becoming Assistant Federal Secretary in 1984 and Federal Secretary in 1988. He became joint National Secretary of the Finance Sector Union in 1995 and retired as a union official in 1998. Com. Robertson said that in addition to his work with the CBOA, Kevin was also a member of the Labor Council Executive, a director of the Commonwealth Bank Superannuation Fund, and also on the ACTU Superannuation Committee, in addition he had attended the Harvard Trade Union programme in 1983. He was a member of the Executive of the Randwick Labor Club and also a long standing active member of the ALP. On behalf of Unions NSW Com. Robertson extended condolences to Kevin's wife Maureen and his children Bridget and Matthew.
Com. G. Derrick also spoke to the motion.
Delegates observed a minute's silence as a mark of respect.
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union:- regarding the treatment of one of their members, Reverend Graham Guy, by Stellar Hornsby. The Union said that Mr. Guy was offered employment at Stellar Hornsby on 18th May, 2007, however, on arrival the following Monday he was presented with an AWA that contradicted the offer he had already accepted. The Union said Mr. Guy advised management of his concern and his intention to contact the Union for advice. In addition he sought the hours previously agreed (rather than having to be available 7 days a week between the hours of 6 am and 12 am (Midnight) as contained in the AWA), but the company refused to negotiate. The Union said Reverend Guy is a member of Hillsong Church and his overriding concern is his need to worship and preach, and be involved in Christmas, Easter and other special religious occasions. The Union stated that despite the boasts of the Howard Government there is no flexibility in the AWAs offered by Stellar Management, and it is of concern that multinational corporations such as Stellar can determine that a person is not acceptable if they wish to participate in church or other activities. The union went on to say that the AWA offered Mr Guy is vague and does not meet the WorkChoices Fairness test in the several areas. The Union said that Stellar is a multi international corporation employing 3000 workers in Australia, and if they are all on similar AWAs to that presented to Mr Guy, they are being "dudded" - and it follows that the Government's extreme WorkChoices legislation does not pass the fair go test for employees.
The Union called on Unions NSW to condemn Stellar management for reneging on an agreement to employ Mr. Guy, and its refusal to negotiate with him on his need to worship and participate in church activities. Further, to ensure the public is aware that the WorkChoices legislation is anti worker, anti union, anti family, and continue with efforts to have this unfair legislation repelled. In addition, the Union called on Unions NSW to assist in having Mr Guy compensated by Stellar for their breach of an agreement, and requested Unions NSW to endeavour to meet with Church leaders and others to discuss avenues that will ensure those in the community who wish to participate in Church activities are able to do so.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and
1. Unions NSW condemn Stellar for its treatment of Mr. Guy, and in particular its refusal to negotiate with him on his needs to worship;
2. Call on Stellar to compensate Mr. Guy for their breach of the agreement on his hours of work;
3. Convene a meeting with Church Leaders regarding the rights of workers to seek time to worship or take part in other Church activities;
4. Continue to advise the public of the anti family, anti community nature of WorkChoices; and
5. Call on the Howard government to make the right to worship a part of its new Fairness Test."
Com. M. Want seconded the resolution and the Rev. Graham Guy spoke.
CARRIED
2. From Harvard Law School:- advising that recruitment for the 2008 class of the Harvard Trade Union Program is now underway, and enclosing brochures and applications forms. The School said that for over 60 years the Program has extended to union leaders the same advanced leadership education that Harvard offers to executive-level individuals in business and government. It focuses on actionable learning and equipping senior union leaders and staff with essential management skills and practical tools for leadership. It said Trade Union Program fellows experience a unique educational opportunity exploring key issues for labour leadership in a rich academic environment, and the curriculum reflects the serious economic and political challenges and opportunities that are faced primarily in advanced industrial countries. The School said that this year enrolment in the program would be limited to only one session of 35 unionists. They concluded by saying they hoped Unions NSW and its affiliates would consider sending a leader or senior staff representative to the 2008 session.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW circulate details of the 2008 Harvard Trade Union programme to affiliates and national unions and also advise them of scholarship opportunities for Australian Trade Unionists to attend the programme."
Com. J. Kiejda seconded the resolution.
CARRIED
3. From The Australian Workers' Union:- regarding the emerging crisis over metalliferous employment contracts. The Unions said it wished to congratulate Unions NSW and in particular, Secretary John Robertson, for raising in the media the problems associated with the mining industry. The Union said that following its correspondence and discussion at Unions NSW last Thursday, Rio Tinto shares fell by 2.08% on Friday compared to the All Ordinaries Index fall of only 0.8%. It said this additional fall wiped out a further $542 million of Rio Tinto's market capitalisation and that it is great to see big business and investors are listening to Unions NSW. The Union said the saga concerning mining industry employment contracts continues and while in the past the term 'corporate veil' has helped disguise many corporate transactions, the Howard Government's WorkChoices has now created a 'corporate iron curtain' around Australian Workplace Agreements (AWAs). The union said the secrecy of these AWAs supported by the WorkChoices legislation disallows any public disclosure of the parties to an AWA, or face a penalty of 6 months imprisonment. The Union went on to say that the fact that many multinational mining conglomerates want to maintain AWAs raises concern as to their motives, and allegations have arisen that many mining AWAs do not have redundancy provisions available in their contracts. Accordingly, the Union said that when the mining boom ends workers can be dismissed due to operational reasons and not be paid a single cent towards their redundancy. The Union went on to say that this clearly demonstrates that even in areas where there are labour shortages, workers find it difficult to negotiate reasonable contracts of employment on their own and that the AWU must be allowed into negotiations with the mining giants to bring about fair outcomes. Finally, the Union called on Unions NSW to ensure that the Rudd Labor Team is aware of unions' concerns over the unfair contracting arrangements that could be imposed by these mining giants.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW advise the Rudd Labor team of the AWU's further concerns over the use of AWAs in the mining industry which can ultimately only undermine working conditions."
Com. R. Collison seconded the resolution.
CARRIED
4. From the Finance Sector Union of Australia NSW Branch:- advising that following a series of rule changes within the FSU designed to make the union more effective on behalf of finance sector workers, there was now officially one single united NSW Branch covering all members. The Union said that as a result of this change there is no longer a need to maintain a separate affiliation for the Commonwealth Bank Officers Section of the FSU. It said the new combined affiliation and delegation will be the same size as the previously separate arrangements (although if there were still factions in Unions NSW this change would lead to a minor adjustment to the relative strengths of the groups). The Union went on to say that while this is largely an administrative matter and the culmination of many months of structural change it reflects a significant transformation and leaves the Union better placed to play its part in the broader union movement. In conclusion the Union said it appreciated the efforts and contribution of former FSU Commonwealth Bank Section members and officials and from now on the FSU will work as one to take on the might of the CBA, which was once the "people's bank" but is now a champion of John Howard's harsh industrial laws, rolling out more AWAs than any other employer in the industry.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW note that there will no longer be a separate affiliation for the Commonwealth Bank Officers section of the Finance Sector Union, and amend its records accordingly."
Com. G. Derrick seconded the resolution.
CARRIED
5. From the Rail Tram and Bus Union NSW Branch:- advising that on 21 May, RailCorp's CEO, Vince Graham, went on national television and accused Station Managers on his CityRail network of rorting their work rosters and overtime. The Union said that at a time when there are 400 vacancies in CityRail, Mr Graham had boasted that he has saved $210 million in overtime payments and would shortly save on weekend penalty rates by rostering Stations Managers on Monday to Friday. The Union said that the story as presented had attempted to create the impression that CityRail's current problems were the fault of Station Managers and frontline staff. The Union said it had become used to sections of the Government leaking lies to the media in preparation for the next round of bargaining, as had happened 4 years ago, when train drivers were painted as the villains. The Union stated that it will not allow this Government or Vince Graham to use station managers or station staff as scapegoats and said it has established a RailCorp Waste Watch Committee and is encouraging its members to highlight waste of taxpayer money, reduction of customer services and safety issues. The Union said that it will regularly release this information to the public. It said that in the past 48 hours it had received 25 Waste Watch Reports from members and one from the private sector. The Union concluded by saying that if future industrial negotiations are to be conducted in the national media, it is ready for the challenge. It said affiliated unions can download the Waste Watch Report from the RTBU website - www.rtbu-nsw.asn.au.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW condemn the false accusations by RailCorp CEO, Vince Graham, against station managers.
Further, Unions NSW welcome the establishment by the RTBU of a RailCorp Waste Watch Committee and advise affiliates of its details."
Com. N. Lewocki seconded the resolution.
CARRIED
REPORTS
1. Conditions of Employment
Com. M. Lennon reported on the handing down by the NSW Industrial Relations Commission of the Child Employment Principles Case 2007. Com. Lennon outlined the details of the decision, including the criteria surrounding the "no net detriment" test. He said the decision was significant and the principles outlined were in stark contrast to the vagueness of the Federal Government's proposed new fairness test.
Com. M. Lennon moved:
"That the report be noted and received."
Com. M. Want seconded.
CARRIED
COUNCIL ADJOURNED AT 6.45 PM
Acting President: _____________________
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