Meeting held : 02 August 2007
Chair of Meeting: The President, Comrade. Sandra Moait
Location of the meeting : Trades Hall Auditorium, 4 Goulburn St Sydney
UNIONS NSW MEETING MINUTES
MEETING HELD THURSDAY 2ND AUGUST 2007
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:08 PM
The President Com. S. Moait occupied the Chair.
PRESENT: - J. Robertson [Secretary] M. Lennon [Assistant Secretary],
C. Christodoulou, M. Thistlethwaite, A. Peters (Deputy Assistant Secretaries).
OPENING
OF THE
MEETING: The President, Com. S. Moait opened 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. B. Holmes seconded.
CARRIED
The Secretary, Com. J. Robertson moved: -
"That the minutes as circulated be adopted".
Com. R. Mallia seconded.
CARRIED
CREDENTIALS:
From The Australian Workers' Union, Greater New South Wales Branch appointing:- T. Mitchell in place of R. Collison.
From The New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union appointing:- T. Porter in place of M. Stuart and J. Goodwin in place of V. Higgins.
The Secretary, Com. J. Robertson moved: -
"That the credentials be received and the delegates welcomed".
Com. B. Goulding seconded.
CARRIED
APOLOGIES:
Apologies were received and accepted for: - M. O'Halloran and A. Ferguson.
The Secretary, Com. J. Robertson moved: -
"That the apologies be received and accepted".
Com. M. Want seconded.
CARRIED
GUEST SPEAKER:
The President, Com. S. Moait, introduced Allen White, Iris Flores and Dolores McCoy participants from the United States Workers' Tour to Australia arranged by the ACTU. Comrades White, Flores and McCoy each addressed Council about their working conditions and the difficulties of making ends meet without the protection of union agreements. They expressed their support for the Your Rights At Work campaign and urged delegates to continue the fight for fair work laws so that Australian workers don't end up like American working families.
The Secretary, Com. J. Robertson thanked the group for their courage in telling their stories saying it was a timely reminder that we have a choice at the next election about the direction we as a nation are headed. He also thanked the ACTU and Hawker Britton for organising the tour.
EXECUTIVE BUSINESS
CORRESPONDENCE:
1. From the NSW Teachers Federation:- requesting the assistance of Unions NSW in accessing statistics from NSW WorkCover on workers compensation benefits paid to public school and TAFE teachers for each of the last five years. The Federation had requested the statistics to enable them to prepare for a Death and Disability Award application in the NSW Industrial Relations Commission. They said that to date the Federation had not received the data nor had it received any acknowledgement of its initial and follow up correspondence to WorkCover on the matter.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW assist the NSW Teachers Federation in obtaining data on workers compensation statistics paid to teachers as requested."
Com. P. Bradley seconded the resolution.
CARRIED
2. From the City of Canada Bay Your Rights At Work Committee:- advising Unions NSW that the committee had organised a stall in the forthcoming 2007 Ferragosto. The Committee said that they would be giving priority to circulating the Unions NSW campaign petition. They advised that this was a community event and would be held from 10.00am to 4.00pm on Sunday, 12th August at Great North Road, Five Dock and was well attended event each year.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and details of the City of Canada Bay Your Rights At Work Committee Stall at the 2007 Ferragosto at Five Dock on August 12th be circulated to affiliates for their information and support."
Com. G. Preston seconded the resolution.
CARRIED
3. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch:- advising Unions NSW of the Sydney premiere on Friday August 31st of a documentary produced by the CFMEU called Australia's Secret Industrial Inquisition - Constructing Fear. The Union said that the focus of the documentary was the anti-worker activities of the Australian Building Construction Commission. They said that the documentary Constructing Fear showed visits to all corners of Australia speaking with people who had felt the heavy hand of the ABCC. In particular, the 107 Perth construction workers who were now facing individual fines of $28,600 each after a strike in support of a sacked worker; Brodene, a crane driver and single mother of three children who was involved in a stop-work following a 'near-miss' accident with a train on a level-crossing construction site and threatened with gaol if she didn't appear before the ABCC. The CFMEU requested the support of Unions NSW for the People's Rights Forum on August 31st 2007.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support the People's Rights Forum on August 31st and circulate details of the forum to affiliates for their information and support."
Com. R. Mallia seconded the resolution.
CARRIED
4. From the Liquor, Hospitality and Miscellaneous Union, New South Wales Branch: - advising Unions NSW that 2008 will mark the 100th Anniversary of International Women's Day. The Union said that over the
last five years the NSW Premier's Council for Women had supported various activities around International Women's Day. They said that the NSW Branch Secretary, LHMU was a member of the Premier's Council and that during informal discussions she has had with other women on the Council, and in the trade union movement, the idea of a national conference focussing on working women and their challenges for the next 100 years has had a great deal of support. The Union requested that Unions NSW, along with Working NSW, set up a broad steering group to look at organising a national conference and to seek support from a broad cross section of organisations.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW endorse the organisation of a national conference to commemorate the 100th anniversary of International Women's Day.
Further, that the Officers be authorised to set up a broad steering group to organise the event including obtaining support from the ACTU, affiliates and other organisations."
Com. A. Casey seconded the resolution.
CARRIED
5. From the Shop, Distributive & Allied Employees' Association, New South Wales Branch:- advising Unions NSW of a further matter which highlights the unfair impact of WorkChoices on ordinary working people and their families. The SDA advised that they had recently commenced proceedings in the Federal Court of Australia against an independent supermarket operating in Blaxland and Cremorne in relation to a non-union Employee Collective Agreement, which commenced operation on 1 May 2007. The Union said that the non-union Agreement was notable for three reasons:
i. It is a pre-"fairness test" Agreement, which left unattended would continue to operate for the next 5 years;
ii. It shreds existing conditions of employment, which applied under the previous union-negotiated Certified Agreement; and
iii. It was drafted by Enterprise Initiatives, notable for a number of Agreements censured in the Child Employment Principles decision and responsible for the infamous Mean Fiddler Agreement.
The Union advised that in April they became aware that the employer was providing employees with written information about the effect of the agreement which was incomplete and the SDA asserts contained false information. They said that the employer emphasised the alleged benefits of the agreement without disclosing the extensive loss of conditions and, in some cases, alleged certain benefits which were not contained in the Agreement at all. The Union said that they were seeking orders to have the Agreement declared void under the Workplace Relations Act 1996 ("the Act") on the basis that:
i. Employees were not provided with a reasonable opportunity to decide whether they wanted to approve the agreement under Section 340(2) and 341 of the Act; and/or
ii. The employer made false or misleading statement(s) to the employees, was reckless in doing so and those statement(s) caused the employees to make or approve the agreement under Section 401 of the Act.
The Union advised that the matter had been part heard on 27th July 2007 and that a further hearing date was scheduled for 30th August 2007. They said that in their view the matter had significant industrial and WorkChoices implications for Unions NSW and affiliates.
The Union said that this matter provided a WorkChoices campaign opportunity in two important federal seats, Macquarie, a targeted marginal seat, and North Sydney, held by the Federal Minister for Workplace Relations, Joe Hockey, MP.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support the SDA in their attempts to have the Karellas Investment Pty Ltd EBA declared void.
Further, Unions NSW advise the Your Rights At Work Groups in Macquarie and North Sydney on the details of the matter."
Com. G. Dwyer seconded the resolution.
CARRIED
6. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch:- advising Unions NSW that they had collected 2300 signatures with respect to the Your Rights At Work Petitions. They said that the feedback from both union members and the general public was very positive and supportive towards the Your Rights At Work Campaign and the efforts of the unions in fighting for the repeal of Howard's terrible laws.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and the CFMEU be congratulated for their efforts in collecting over 2,300 petition signatures."
Com. G. Preston seconded and spoke to the resolution.
CARRIED
7. From the Australian Manufacturing Workers' Union, NSW Branch:- advising Unions NSW of the ongoing dispute with the successful Australian hearing implant manufacturer Cochlear. The Union said that the company continues to ignore the wishes of its workforce to be represented by their union and locks the AMWU out of wage negotiations. They said that in two recent secret ballots conducted by the AMWU, workers overwhelmingly called upon Cochlear to negotiate with the Union. Cochlear workers had also twice rejected the company's attempts to force them into a non-union agreement. Cochlear is deaf to their wishes; and these workers have now been denied their annual pay rise because of their demand for union representation. The Union said that Australia's unfair industrial relations legislation does not give workers who wanted union agreements any bargaining rights. They said that Cochlear workers were campaigning to restore their right to a fair deal negotiated by their union. The Union requested the opportunity for Cuong Nguyen, AMWU delegate at Cochlear to address tonight's meeting. He was recently given a verbal warning by his employer for being quoted in the Sydney Morning Herald as speaking out in defence of his colleague's rights at work. The Union requested the support of Unions NSW with the distribution of the 'Listen Up Cochlear' Campaign postcards and email campaign to affiliates and their members.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW reaffirm its support for the Cochlear workers in their campaign to have a union negotiated collective agreement.
Further, Unions NSW distribute campaign material, promote the email campaign and invite delegate Cuong Nguyen to speak."
Com. R. Fortescue seconded the resolution.
Com. C. Nguyen spoke.
CARRIED
8. From the Police Association of New South Wales:- advising Unions NSW that any suggestion that Police as part of the APEC operation would target trade unionists was completely false. They said that they would continue to stand by their long held policies of appropriate policing of picket lines and protests and would again be communicating these guidelines to their members in the lead up to APEC.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW welcome the Police Association's reaffirmation of its policy on policing of picket lines and protests and its assurance that there will be no targeting of unionists as part of the APEC operation."
Com. B. Pritchard seconded the resolution.
CARRIED
REPORTS
1. Lindsay
Com. Anderson and Com. Everingham reported on the successful Lindsay YR@W election launch on Tuesday, 31st July at Penrith. The event was attended by 150 people who have committed to working on the campaign. They thanked Unions NSW and affiliates for their support and assured delegates of their commitment to getting rid of the Howard Government and their extreme WorkChoices laws.
2. Bus Tour
The Secretary, Com. J. Robertson reported on the first bus trip which visited the mid north coast and New England regions. He said that the public response to the street stalls and community events had been phenomenal. However, the stories people were telling were horrific and illustrated the negative culture and environment that WorkChoices had created in rural areas.
Com. J. Robertson moved:-
"That the reports be received and noted."
Com. B. Holmes seconded.
CARRIED
ANNOUNCEMENTS:
1. Penrith Open Day - Seat of Lindsay
An Open day will be held on the law outside Penrith Library on Saturday, 4th August 2007 between 11.00am - 2pm. If you can help out, please call Tim Hennessey on 4729 1014.
2. Letterboxing in Seat of Wentworth
Letterboxing in Woolloomooloo will take place on Saturday, 4th August 2007. Meet at the Bells Hotel, Corner Bourke Street and Cowper Wharf Road at 10.00am. For further information contact Luke Whitington on 0425 214 731.
3. Hiroshima Day March and Rally
Sunday 5th August 2007
Assemble at Hyde Park North (near Archibald Fountain) at
12 Noon. For further information phone 9698 2954 or email hiroshinfo@anti-bases.org.
4. Parramatta YR@W Group
The Parramatta YR@W Group will be leafleting Toongabbie Train Station on Tuesday 7th August 2007
6.30a.m. - 8.00a.m. For further information contact Michael Hehir on 0421 117 110 or email braadie@iprimus.com.au
5. Doorknocking in the Seat of Dobell
Monday 6th August, 2007 from 11am - 2p.m
If you can help out, please contact Mary Yaager on 9881 5918 or
0408 931 899
6. Central Coast YR@W Group
Come along and join us at a Get Together for all Retirees, Veterans and Unionists to be held at the Wyong RSL Club, Anzac Avenue, Wyong on WEDNESDAY, 8TH AUGUST 2007 from 11A.M. A Free hot lunch will be provided from 12.00 Noon. For further information about the Get Together please contact Laurie Steen on 4369 2302 or Tom & Audrey McDonald on 4367 3512
7. Parramatta YR@W Group Street Stall
Friday, 10th August 2007 (Probably in the Mall)
12 Noon - 2.00p.m.
For further information please contact Mary Yaager on 9881 5918 or
0408 931 899
8. Doorknocking in Seat of Lindsay -Rudd Petition
Saturday11th August 2007
If you can help out, please arrive at the Rights at Work Campaign Office, corner Woodriff Street and Union Lane Penrith, at 9am. For further info call Sharon Vassar on 0407 894 930.
9. Liverpool YR@W Committee
Next YR@W Liverpool Committee Meeting will be held on
Tuesday, 14th August, 2007
7.30p.m. at Wattle Grove Youth Centre, Australis Avenue
For further information contact Chip Eling on 0419 288 878 or Email: chip.eling@amwu.asn.au.
10. Sutherland Shire YR@w Community Group
Federal Election Campaign Launch
Sutherland District Trade Union Club (Tradies
57 Manchester Road, The Kingsway, Gymea.
Wednesday, 15th August 2007 at 7.30p.m.
Guest Speaker: John Robertson, Secretary, Union NSW
Greg Holland, Labor Candidate for Hughes &
David Shoebridge, Greens Candidate NSW Senate.
COUNCIL ADJOURNED AT 6: 56PM
President:____________________________________
About Unions NSW
