Meeting held : 04 October 2007
Chair of Meeting: The Acting President, Comrade Michael Want
Location of the meeting : Trades Hall Auditorium, 4 Goulburn St Sydney
UNIONS NSW MEETING MINUTES
MEETING HELD THURSDAY 4TH OCTOBER 2007
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:00 PM
The Acting President Com. M. Want occupied the Chair.
PRESENT: - M. Lennon [Acting Secretary], C. Christodoulou,
M. Thistlethwaite, (Deputy Assistant Secretaries).
OPENING
OF THE
MEETING: The Acting President, Com. M. Want 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 Acting Secretary, Com. M. Lennon moved: -
"That the minutes as circulated be received".
Com. M. Stuart seconded.
CARRIED
The Acting Secretary, Com. M. Lennon moved: -
"That the minutes as circulated be adopted".
Com. C. Game seconded.
CARRIED
CREDENTIALS
From The Textile, Clothing & Footwear Union of Australia, NSW Branch appointing:- D. Karlsson in place of S. Davies.
From The Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch appointing:- Wei Gong in place of G. Preston and Jiangzhong Huang in place of R. Mallia.
The Acting Secretary, Com. M. Lennon moved: -
"That the credentials be received and the delegates welcomed".
Com. B. Smith seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - S. Moait, J. Robertson, A. Peters, V. Higgins, B. Kruse, D. Williams, A. Ferguson, P. Bastian.
The Acting Secretary, Com. M. Lennon moved: -
"That the apologies be received and accepted".
Com. R. Collison seconded.
CARRIED
GUEST SPEAKER:
The Acting President, Com. M. Want, introduced Mr Rob Johnston, Director of the International Metalworkers' Federation, Steel & Non Ferrous Metals Division to address delegates. Com. Johnston said that the IMF represented 25 million workers in 150 countries and that he was pleased to be able to bring messages of solidarity to unionists in Australia. Com. Johnston spoke about the recent deaths of 65 miners in Mexico and when union leaders spoke out they were prosecuted by the authorities on trumped up charges. In India ship-breaking workers are being exposed to many hazards including asbestos but union organisers are beaten up when they raise these issues he said. Com. Johnston said that despite the difficulties it was important that we continue to organise workers, especially young workers. He said he wished the Australian union movement well for the Federal Election and looked forward to seeing a Rudd Labor Government elected.
The Acting Secretary, Com. M. Lennon thanked Com. Johnston for his address and said that it was important that we continue to hear about the struggles of workers in other countries and that we continue to offer solidarity and practical support for their campaigns.
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Australian Manufacturing Workers' Union, NSW Branch:- regarding the issue of privatisation of public infrastructure and services in NSW. The Union advised that power industry delegates, at a meeting on 25th September, called on Unions NSW to convene a meeting of combined union delegates in the NSW power industry in order to address a number of specific issues in relation to the NSW Labor Government's proposed privatisation of their industry. They said that the issues of particular concern to delegates included protection of their long term job security, wages, conditions and entitlements; loss of dividends to state revenue as a result of privatisation, whether by sale or lease, and disadvantages in terms of services, cost and supply to electricity consumers. The Union said that delegates pointed to problems in each of these areas which have arisen in Victoria and South Australia since privatisation of their power industries. They said that power industry delegates were seeking that in the first instance there should be a state-wide meeting convened by Unions NSW followed by a campaign to inform and raise the awareness of the NSW public to the problems associated with privatisation of their industry.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and a meeting of Power Industry Unions be convened to consider the request for a state-wide delegates meeting."
Com. R. Fortescue seconded the resolution.
CARRIED
2. From the Textile, Clothing & Footwear Union of Australia, NSW Branch:- advising Unions NSW of their concern regarding the protection of jobs and working conditions of union members in NSW. They said that Unions NSW would already be aware of recent disturbing developments concerning the purchase of work-wear uniforms for NSW State Government instrumentalities. The Union said that historically many of these uniforms had been produced (either in whole or in part) by members of the union, including union members in this state. They said that in recent times there had been a worrying trend towards encouraging procurement bureaucrats to buy cheap imported work-wear gear in substitution for the local, Australian made products. The Union said that one particularly outrageous example of this trend concerned the recent multi-million dollar contract for health services uniforms - a contract which now completely relied upon the purchase of imported work-wear, at the expense of local textile, clothing and footwear (TCF) jobs. They said that tenders for the procurement of NSW fire brigades protective work-wear would close within less than a week, while the corresponding contract for purchase of NSW police uniforms could well be settled at any time. The TCFUA said that given these imminent procurement decisions would gravely impact upon the current jobs of their members, they requested Unions NSW urgently convene a meeting between the TCFUA and their fellow affiliates, the NSW Fire Brigade Employees' Union and the Police Association of NSW with a view to making a joint presentation to the NSW State Government - both the Minister for Commerce and the Treasurer - in order to protect TCF jobs.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and a meeting with the TCFUA, FBEU and Police Association regarding the procurement of uniforms be convened as requested."
Com. B. Tubner seconded the resolution.
CARRIED
3. From the Real Estate Association of NSW: - advising Unions NSW that since the introduction of the new Workplace Relations Act (WorkChoices) real estate salespersons are disadvantaged regarding their annual leave. They said that a real estate salesperson generally works on a debit/credit arrangement which means the employer deducts from the salesperson's commission all monies paid to the salesperson namely, wages, car allowance, phone allowance and superannuation and any other statutory entitlements then the salesperson would get the balance of the commission he/she earned. This system had been in operation for many decades and was not the real problem. The union said that prior to the introduction of WorkChoices when a salesperson went on annual leave they were paid their average earnings for the previous twelve months, i.e wage plus commissions. However with the introduction of WorkChoices, the legislation does not provide for the averaging principle which means a salesperson would only be paid the award wage set by the AFPC currently $556.70 per week. The union said that the Real Estate Employers Federation had been advising their members of the fact that they are not required to pay on the averaging principle. The industry is a heavily commission based industry, hence the low rate of pay for a salesperson of $556.70. Salespersons are not paid weekend penalties or overtime penalties and on average work over 60 hours per week. Some real estate salespersons are earning up to $100,000.00 which now under WorkChoices means a substantial loss of income when clearing annual holidays. Over 12,000 salespersons in NSW are affected by the new provisions.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and noted as another example of the breadth of the attack on working conditions by the WorkChoices legislation."
Com. M. Stuart seconded the resolution.
CARRIED
4. From the Australian Manufacturing Workers' Union, NSW Branch:- regarding the current situation in Burma and requesting that Maung Maung Than a leading representative of the Burmese Community be invited to address tonight's Unions NSW meeting.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Maung Maugn Than be invited to address Unions NSW.
Further, that Unions NSW support the campaign by:
1. Supporting the request by Aung San Suu Kyi which is to cease all financial, trade and military relations with Burma, including freezing any bank accounts linked with the SPDC regime, with no exceptions.
2. Immediately cease all negotiations for a Free Trade Agreement with ASEAN, which is continuing to trade with Burma.
3. Release all political prisoners taken by the Burmese police and military.
4. Release Aung San Suu Kyi from arrest and allow her to participate in
5. Free and democratic elections
6. Coordinate the public naming of all companies which continue to conduct business in Burma."
Com. R. Fortescue seconded the resolution.
Maung Maung Than spoke.
CARRIED
5. From the National Tertiary Education Industry Union, New South Wales and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union: - regarding the slanderous attack by the Federal Workplace Relations Minister on the academics responsible for the study on the impact of WorkChoices and the Sydney Research Centre. The NTEU said that the attempt by the Workplace Relations Minister, Joe Hockey to demean the report's authors because of their links to the union movement and his comments that the Workplace Research Centre at Sydney university was "not known for its academic rigour", were the responses of an increasingly arrogant Government more comfortable resorting to smear than debating the issues. They said that if a researcher's findings could be invalidated simply because the researcher supports unionism then clearly the plethora of government reports and studies which are used to support Howard's views re increasing managerialism and corporatisation of public utilities, health and education should likewise be invalidated. The NTEU said they wished to place on record its appreciation of Unions NSW's rigorous defence of academic freedom and intellectual enquiry and their strong support for the place of research and evidence in informing the development of public policy. They said that the Minister's personal attack on the credentials of the researchers also highlights his ignorance of the ARC approval processes for federal research grants. Not only were the researchers eminent academics in their field, but they were attached to a research centre at the
University of Sydney which is renowned internationally for its research outcomes in the areas of work, industrial relations and the social impacts of employment patterns. The Union said that the ARC approval process was significantly stringent and incorporates peer review processes that utilise experts from overseas institutions as well as first class research centres across Australia. Funding for the majority of ARC grants requires partnership funding from industry and other sources to match the dollar amounts awarded by the Federal government for the project. They said that as a peak body of the Union movement in NSW and, given the nature of the research project, an analysis of employment patterns for all Australian workers, then Unions NSW was an obvious industry partner. The NTEU and USU said that clearly, the Howard government and its Ministers were now aware that WorkChoices was "No choice" for workers and that research had demonstrated what the union movement had always known - that these laws benefit only the bosses and are punitive to all workers. They said that by attacking the researchers Minister Hockey demonstrated his inability to accept the findings of the report. The Unions called on Unions NSW to encourage all affiliates to inform their members of the Report and its damning evidence in relation to the returns to workers on AWAs. They said that affiliates should encourage their members to lobby candidates in the forthcoming election and to publicly support researchers exercising their right to academic freedom.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW again condemn Minister Hockey for his outrageous slur on the reputations of the academic staff at the Workplace Research Centre and that Unions NSW encourage affiliates to lobby candidates to ensure that researchers can exercise their right to academic freedom.
Further, Unions NSW inform affiliates of the outcomes of the Australia@Work Report as requested as part of the ongoing Rights At Work Campaign."
Com. M. Thomson seconded and spoke to the resolution.
CARRIED
REPORTS
1. Follow-up Report on 457 Guest Workers hired by Elite Marble & Granite
The Acting Secretary, Com. M. Lennon introduced Mr Wei Gong a 457 guest worker from Jiangsu Province in China who had arrived in Australia with Mr Jianzhong Huang in March 2006.
Mr Wei Gong said that they had both been sponsored by Elite Marble & Granite to work in their stone-yard at Condell Park. They also did labouring which included building a new three storey house for the boss. Mr Wei Gong said they had paid $12,000 each to an immigration agent in China to work in Australia.
He said that while working for Elite Marble & Granite they were paid $50 per week and that when they complained about their wages they were sacked and their employer cancelled their sponsorship agreement. They were also evicted by the police from the house they had rented for non-payment of rent and were then homeless, living on the streets of Sydney, and facing deportation.
Mr Wei Gong said he wanted to thank Unions NSW, the Construction, Forestry, Mining and Energy Union and his Solicitor, Daniel Sheen for preventing their deportation and assisting them in obtaining a temporary visa. He also thanked the CFMEU for their assistance in fighting for their proper wages and back pay. Mr Wei Gong congratulated the Australian Trade Union Movement for their support for guest workers in Australia to be treated with dignity. He said he fully supported the Your Rights At Work Campaign to have fair workplace laws.
The Acting Secretary, Com. M. Lennon thanked Wei Gong for his report.
Com. M. Lennon moved:-
"That the report be received and noted"
Com. P. McClelland seconded.
CARRIED
2. Returning Officer's Report
The Returning Officer, Com. V. Falconer advised that nominations for the positions of (1) Vice President, (1) Deputy Assistant Secretary and (1) Trades Hall Committee Member would open at 9.a.m on Friday 5th October, 2007 and close at 4p.m on Thursday, 11th October,2007. He said that should a ballot for any of the positions be necessary it would be conducted at the Trades Hall on Thursday, 18th October 2007 between the hours of 5p.m. and 7p.m.
Com. M. Lennon moved:-
"That the report be received and noted."
Com. G. Dwyer seconded.
CARRIED
ANNOUNCEMENTS:
1. 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: 55PM
Acting President:____________________________________
About Unions NSW
