Meeting held : 13 September 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 13TH SEPTEMBER 2007
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:03 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. G. Dwyer seconded.
CARRIED
The Secretary, Com. J. Robertson moved: -
"That the minutes as circulated be adopted".
Com. G. Derrick seconded.
CARRIED
CREDENTIALS
From The Public Service Association of New South Wales appointing: -
G. Harris, A. Harris and M. Hands as delegates at tonight's meeting.
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: -B. Fitzpatrick, V. Higgins, C. Game.
The Secretary, Com. J. Robertson 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 Unions NSW that they had produced a 45-minute documentary called Australia's Secret Industrial Inquisition - Constructing Fear. The union said that the documentary focuses on the ant- worker activities of the Australian Building Contruction Commission. They said that Constructing Fear visited all corners of Australia talking to people who had felt the heavy hand of the ABCC - like the 107 Perth construction workers now facing individual fines of $28,600 each after a strike over a sacked mate; of Brodene, 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 Union advised that the screening of the documentary would be held on Friday, 28th September, 2007 followed by a march to the Prime Minister's Office to protest the exploitation of Guest Workers.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and details of the film viewing and march on September 28th be circulated to affiliates for their information and support."
Com. P. McClelland seconded the resolution.
CARRIED
2. From WorkCover NSW:- advising Unions NSW that they had recently released a discussion paper on the implementation of the National Standard for Licensing Persons Performing High Risk Work (the National Standard) in NSW and that the National Standard hand been declared on 6 April 2006. They said that the National Standard aims to facilitate the operation of a national uniform competency based licensing system for persons performing certain types of work. It replaces the National Occupational Health and Safety Certification Standard for Users and Operators of Industrial Equipment [NOHSC: 1006 (2001)] originally declared in 1992 and adopted in OHS regulations throughout Australia. They said that this discussion paper was part of a 3-tiered strategy to consult with all stakeholders on the implementation of the National System in NSW.
• Stage1: consultation with OHS regulators and State Training Authorities
• Stage 2: call for public comment on the discussion paper
• Stage 3. Consultation forums with industry stakeholders
WorkCover NSW said they would encourage all stakeholders to review the discussion paper and provide comments on all items listed. Any comment or submissions should be sent to WorkCover NSW by Friday, 28th September 2007.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and circulated to relevant affiliates for their information."
Com. V. Falconer seconded the resolution.
CARRIED
3. From The Electrical Trades Union, NSW Branch:- advising Unions NSW that the Federal Parliamentary Inquiry into the operation of 457 visas had made some excellent recommendations for improvements to the scheme. They said that the fact the recommendations were from all members of the committee regardless of political affiliation showed how serious the problem was. The union said that the work of the trade union movement in bringing to light the problems of guest workers working under the 457 visa system was largely responsible for the committee conducting the Inquiry and bringing down its recommendations. They said that a number of excellent recommendations including that the Department introduct a more comprehensive, confidential complaints mechanism so that 457 visa holders were able to report potential breaches of visa requirements without provoking retaliatory action. The union said that the task now was for the union movement to ensure a future Rudd government implements the recommendations of the Inquiry.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW seek that the future Federal Government after the election imp[ement the recommendations as requested."
Com. B. Riordan seconded the resolution.
CARRIED
4. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch:- advising Unions NSW that Barry Hemsworth had marked 1 year of picketing Botany Cranes on September 6th. The union said that late last year Barry had been offered a financial settlement to accept his unfair sacking but had refused. They said that Barry was determined to highlight the removal of unfair dismissal protections and had continued his epic battle and should be congratulated for his outstanding sacrifice and commitment to workers rights
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Barry Hemsworth be congratulated for his outstanding service to the campaign to protect worker's rights."
Com. P. McClelland seconded the resolution.
Com. B. Hemsworth spoke.
CARRIED
5. From the Shop, Distributive & Allied Employees' Association, NSW Branch: - congratulating the Workplace Research Centre on the thoroughness of their 'Lowering the Standards' report released last night. They said that it was a damming indictment of the negative impact of WorkChoices on employees in the retail and hospitality industries. Earnings under non-union agreements in those sectors had been slashed by up to 30% and important conditions like rostering protections had been ripped away. They said the reality was that those losses had not been bargained away, but rather imposed on vulnerable and often young employees. The dark reality of Agreement making under WorkChoices set out in 'Lowering the Standards' was made even worse yesterday when the Federal Court found that in the matter of SDA v Karellas Investments Pty Ltd the employer did make false and/or misleading statements to its employees in the making of an Agreement, but despite these findings the Agreement will be allowed to stand. The Union advised that these Federal Court proceedings were against an independent supermarket operating in Blaxland (Federal Seat of Macquarie) and Cremorne (on the doorstep of Joe Hockey's Federal Seat of North Sydney). They said that the proceedings were brought to challenge the operation of a non-union Employee Collective Agreement, which commenced operating on 1 May 2007. The Union said that the Court's decision yesterday was significant for four reasons:
i. The Court has found that the employer did make false and/or misleading statements about the wages, penalties and casual loadings payable under the non-union Workplace Agreement to its employees and that the making of those statements meant that employees were not given a 'reasonable opportunity to decide' whether they wanted to approve the Agreement;
ii. The Court has declined to grant the relief sought by the Union, namely to declare the non-union Agreement void;
iii. Over 200 retail workers remained trapped for the next 5 years on a Workplace Agreement that wouldn't pass the new and inadequate so called Fairness Test; and
iv. The Court has gone further in its decision to suggest that, even if the orders sought by the SDA had been granted, WorkChoices precludes existing employees from ever again enjoying the benefits of the displaced pre-reform certified Agreement. This is because the WorkChoices legislation and regulations provide that once a new Workplace Agreement has been lodged, the pre-reform certified agreement ceases to operate and can "never operate again in relation to" the relevant employees. His Honour, Justice Graham, stated that "this may seem a curious outcome." The Union said that whilst it may be curious it was also fundamentally unjust. They said that this decision highlighted yet more flaws and injustices in the WorkChoices legislation, namely that:
(i) an employer may provide its employees with false or misleading information about significant aspects of a new proposed Agreement;
(ii) the employer then derives a benefit in that the Agreement is approved by employees (presumably on the basis of those misrepresentations) and lodged;
(iii) the award and union negotiated conditions are then shredded and removed as a consequence of that lodgement;
(iv) the employer may then enjoy the lawful right to abolish or reduce the misleading undertakings at any time during the next 5 years; and
(v) despite the above the Court is unable in the current circumstances to declare the Agreement void and to ensure that employees are lawfully entitled to the pre-existing wages and conditions.
The Union advised that they were currently reviewing aspects of the decision to evaluate grounds for appeal. They said they would be pleased to provide interested affiliates with a copy of the decision.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW advise affiliates of the decision in the Karella Investments case and highlight the fact that it exposes yet more flaws and injustices with the WorkChoices legislation."
Com. G. Dwyer seconded and spoke to the resolution.
CARRIED
6. From Deputy Assistant Secretary, Alison Peters: - tendering her resignation from Unions NSW effective from the 26th October 2007. Alison advised that she had accepted the position of Director at the Council of Social Service of NSW (NCOSS). She said that while she looked forward to her new role it was with a great deal of sadness that she would no longer be working fulltime for the union movement, something she had done for the last 23 years. Alison said it had been a great privilege and that she was proud to consider herself part of our wonderful movement. She said the time was right for her to take on a new role and looked forward to participating in union campaigns as a rank and file ASU member.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Deputy Assistant Secretary, Alison Peters be thanked for her wonderful contribution to Unions NSW over the last 7 years and her dedication and commitment to the trade union movement for the last 23 years.
Unions NSW accepts Alison's resignation with regret and wishes her well in her new position with NCOSS as she continues to fight for the cause of social justice."
Com. G. Derrick seconded the resolution.
CARRIED
REPORTS
1. Campaign Report
The Secretary, Com. J. Robertson reported on the success of the Macquarie bus tour that took place between the 3rd and 6th September 2007. He thanked all affiliates involved in the tour; for helping to make it such a success.
Com. J. Robertson moved:-
"That the report be received and noted."
Com. P. Bradley seconded.
CARRIED
ANNOUNCEMENTS:
1. Rally at Parramatta Mall featuring the Trade Union Choir
Saturday - 15th September 2007 For information please contact Phil Sandford on 0429 015 798 or landale@bigpond.net.au
2. Sutherland YR@W Group Meeting
Tuesday, 18th September 2007 5pm
Sutherland District Trade Union Club (Tradies), 57 Manchester Road, Corner The Kingsway Gymea. For further information contact Paul MacLeer on 0417 468 424
3. Liverpool YR@W Group Meeting
Tuesday, 18th September 2007 7pm
Wattle Grove Youth Centre, Corner Australia Ave & Daintree Drive, Wattle Grove. For further information contact Chip Eling on 0419 288 878
4. Combined Unions Retired Members Meeting
Thursday, 20th September 2007 10.30am
Tom Mann Theatre, 136 Chalmers St, Sydney
5. Northern Beaches -"the Good, the Bad & the Ugly" Forum
Tom Kenneally and others 27th September 6.30pm for 7pm
For more information and to RSVP contact Lynne Ridge on
0414 550 358.
6. Australia@Work Report - "The definitive story behind the first
year of WorkChoices
Tuesday, 2nd October 2007
9.30am for 10am sharp start - Unions NSW Auditorium
Launch of the most comprehensive study of workers and their agreements ever undertaken in Australia.
RSVP by 21st September 2007 to: Robyn Griffith at rgriffith@unionsnsw.org.au or (02) 9881 5918.
7. The City of Sydney Spring Cycle will take place going from North Sydney to Sydney Olympic Park. Sunday, 21st October 2007 Following the success of the City to 'Gong bike ride it is proposed that a YRAW group take part in this event which is supporting the MS Society. Further information is available on www.springcycle.com.au. If you are interested please contact Alison Peters at a.peters@unionsnsw.org.au or (02) 9881 5999.
COUNCIL ADJOURNED AT 6: 32 PM
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