Meeting held : 29 November 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 29th NOVEMBER 2007
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:05 PM
The President Com. S. Moait occupied the Chair.
PRESENT: - J. Robertson [Secretary] M. Lennon [Assistant Secretary],
C. Christodoulou, M Thistlethwaite, A. Tattersall (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. M Want seconded.
CARRIED
The Secretary, Com. J. Robertson moved: -
"That the minutes as circulated be adopted".
Com. B. Tubner seconded.
CARRIED
CREDENTIALS
From The Australian Workers' Union, Greater NSW Branch appointing: - L. Heaney in place of R. Collison.
From The Textile Clothing & Footwear Union of Australia appointing H. McNabb in place of P. Lane.
The Secretary, Com. J. Robertson moved: -
"That the credentials be received and the delegates welcomed".
Com. T. Moriarty seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - P. Zaborak, D. Williams, A. Claasens and N. Lewocki.
The Secretary, Com. J. Robertson moved: -
"That the apologies be received and accepted".
Com. M. Want seconded.
CARRIED
MOTION OF CONDOLENCE
A motion of condolence was held for Bernie Banton.
Brian Banton
Bernie Banton's brother Brian told the meeting that Bernie was an ordinary guy who believed in providing assistance beyond his own circle. He thanked all those in the union movement who had given Bernie support during his struggle in recent months.
Brian Banton said he brother had championed the cause for asbestos sufferers and made a mark on Australian history.
He concluded by saying he was proud of his brother.
Brian Parker - CFMEU
Com. Parker thanked all in the room for their support of Bernie. In particular, he thanked Paul Bastian for his efforts in supporting Bernie over the last 3 years.
Com. Parker said that he learnt a lot from Bernie including not to take no for an answer. He said Bernie was the face of the Hardies campaign and never walked away from the issue.
In conclusion, Com. Parker said that as a mark of respect to Bernie his name would be placed on the CFMEU's Wall of Remembrance.
John Robertson
Com. Robertson said Bernie was never motivated for himself but for people left behind. Evidence of this was his efforts during the election campaign to seek the drug Alinta placed on the PBS for the sake of asbestos sufferers.
Com. Robertson said that Bernie had a way of pushing for the cause that made Hardies uncomfortable. This led to the success of the campaign.
Com. Robertson said it was a privilege to know Bernie.
In conclusion he said he was deserving of a State funeral and encouraged all to come along to the funeral next Wednesday to pay their respects.
The Chair asked Delegates observed a minute's silence as a mark of respect.
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Australian Workers' Union:- advising Unions NSW that the AWU Technical, Administrative, Professional Staff & gas Industry Branch (TAPS Branch) was in the process of being amalgamated into their geographical Branches. The Union said that the AWU TAPS Branch would no longer be required to affiliate to Unions NSW and requested that this Branch be removed as an affiliate.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and AWU TAPS be removed as an affiliate as requested."
Com. K. Maher seconded the resolution.
CARRIED
2. From The Maritime Union of Australia, Sydney Branch:- seeking the support of Unions NSW in demanding a review of the charges against Lex Wotton who is on trial in Queensland as a result of demonstrations opposing the death in custody of a local Palm Island aboriginal man, with a view to having them dropped. The Union said that in November 2004, the Palm Island Aboriginal Community responded to years of state violence and death in custody of a local man, Muirunji, by taking to the street in demonstration demanding justice. They said that 400 people which represented over 10% of the entire island's population took part in the demonstration and that the Queensland authorities had responded with force and targeted individuals for their actions. Four aboriginal men charged with "riot" offences have been acquitted, however the State continues to target Lex Wotton, a respected Palm island man the authorities allege was the leader of the protest. The charge of "riot with destruction" levied against Wotton, could result in a gaol term in excess of 10 years. The MUA said that attempts to gaol Lex Wotton were a form of intimidation and oppression aimed at scaring people away from any form of demonstration or struggle against the racist injustices perpetrated against our aboriginal communities. They said that the trade union movement was no stranger to attempts by the ruling elite to use intimidation and media manipulation as a form of repression and they believe that the trade union movement must stand in solidarity with Lex Wotton and the Palm Island Community in their struggle to defeat these charges and defend the basic right to demonstrate against the racism and criminal treatment of aboriginal communities.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support the call for the QLD Government to review the charges against Lex Wotton with a view to having them dropped."
Com. P. Fernandez seconded the resolution.
CARRIED
3. From the NSW Teachers Federation:- advising Unions NSW that World Aids Day was on Saturday, 1st December 2007. The Union said that after 25 years the fight against HIV infection and AIDS was still happening to the extent that 33 million people were living with HIV or AIDS worldwide and that each day there are 12,000 new infections and 8,000 deaths. They said that in Australia last year despite the best efforts of those working on the ground there were 1,000 new infections. Australia from the beginning had bipartisan support from both sides of government in the fight against HIV/AIDS and that our programs are considered the best in the world and used as role models, however there is a need for even further vigilance as there is still no vaccine for HIV. The Union advised that the theme for World AIDS Day this year was `HIV/AIDS: Prevention is everybody's business' and funds were needed to help the programs run by the main AIDS organisation in NSW to continue their work. They said that most of these funds came from the sale of red ribbons and wristbands. The Federation advised that Com. Frank Barnes and Com. Charmaine O'Sheads had both walked in the Walk for AIDS last Sunday and were looking for sponsors in their fundraising efforts and that money collected by them for the walk and sale of ribbons and wristbands would be shared by ACON (AIDS Council of NSW, the Bobby Goldsmith Foundation and PLWHA (People living with HIV and AIDS).
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW Encourage affiliates to support the efforts of NSWTF to raise funds for AIDS victims as part of World AIDS Day."
Com. J. Irving seconded the resolution.
CARRIED
4. From the Finance Sector Union, New South Wales Branch:- regarding the growing list of those who now realise that WorkChoices is dead and that the new Rudd Federal Government has a mandate to tear it up. They said that even former Workplace Relations Minister Joe Hockey was included. However, sadly the Commonwealth Bank (CBA), the largest employer in the finance industry still hasn't accepted the decision of the Australian people. The Union said that this week they went to the CBA and asked them to immediately cease issuing new AWAs and to commence genuine bargaining to secure the rights of CBA workers. The rejection of this approach and their declared intention to continue to issue new AWAs demonstrates that this bank is both arrogant and out of touch. They advised that the CBA would be commencing Sunday trading in seven of its NSW branches this weekend and was using AWAs to undermine critical protections for staff in these branches. While EBA covered Commonwealth Bank workers have legal protection that guarantees weekend work is voluntary and attracts appropriate penalty rates, the bank's typical AWA hands total control of working hours, rosters and locations to the bank. It excludes all protected award conditions including overtime and allows the bank to average working hours over a 52 week period with no limit to the number of ordinary working days in a week, a month or a year. The Union said that to bring CBA back into the mainstream of industrial relations would require action from government as well as the union. They requested the assistance of Unions NSW in ensuring that the NSW Government urgently review CBA's weekend trading license to protect the interests of workers and that the new Rudd Government brings forward legislation that outlaws new AWAs as a matter of urgency.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support the FSU's call for the New South Wales Government to review the CBA's weekend trading license.
Further, Unions NSW calls on the Rudd Government to immediately implement its industrial relations agenda including the outlawing of AWA's."
Com. G. Derrick seconded and spoke to the resolution.
CARRIED
5. From the Shop, Distributive & Allied Employees' Association, New South Wales Branch:- updating Unions NSW on its work to defend the interests of Maree Filipczuk who was sacked by a Penrith jewellery retailer, in the heart of the federal electorate of Lindsay, in April 2006, just days after the commencement of the radical WorkChoices legislation when she queried her employer's failure to pay superannuation entitlements. The Union advised that a decision was issued in the Federal Magistrate's Court of Australia on Monday 26th November 2007 with respect to Ms Filipczuk's termination of employment. They said that the Magistrate ordered an individual Company Director to pay almost $15,000 in penalties and compensation for unlawful conduct under the Freedom of Association provisions of the WorkChoices legislation. The SDA assisted Ms Filipczuk when she took proceedings for breach of the Freedom of Association provisions of the WorkChoices legislation. Under those laws Maree was barred from commencing unfair dismissal proceedings because her employer had less than 100 employees. They said that the employer went into administration just days before the matter was heard but the proceedings continued against an individual Company Director for the employer, who failed to appear at the hearing. The SDA said they were very pleased and relieved with this long awaited decision, which confirmed that Maree was sacked for unlawful reasons and once again confirms that justice under WorkChoices was an illusion. They said that any industrial law which requires 18 months to complete proceedings and absorbs over $50,000 in legal fees to reach a decision was grossly unfair and beyond the reach of the vast majority of Australians. The union also said that the disproportionate price of justice in this case was yet another reminder of the extreme and unbalanced nature of the WorkChoices laws which were the legacy of the Howard Government. The SDA suggested that the experiences of Maree and many others lie at the heart of why working families in Western Sydney and across NSW rejected the Howard Government and its radical WorkChoices laws on the weekend. The Union said that the Rudd Labor Government has now been elected with a mandate to rip up WorkChoices and that they looked forward to new, fair and decent industrial laws which would rebuild a `fair go' and provide genuine protection and assistance to ordinary working Australians.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and SDA be congratulated for their success in the unlawful termination case of their member Maree Filipczuk."
Com. G. Dwyer seconded the resolution.
CARRIED
6. From the Finance Sector Union, NSW Branch, the Maritime Union of Australia, Sydney Branch, Ian West, MLC and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union:- congratulating Unions NSW on the success of the Your Rights At Work campaign which culminated in the defeat of the Howard Government last Saturday. They said that to remove the Howard Government from office was a truly monumental achievement and that it was universally acknowledged that the anti-worker, anti-union WorkChoices legislation had proved to be the primary reason for the defeat.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW forward its thanks and congratulations to all the officials, delegates, union members, their families, retired members, community organisations and those in the general community involved in the YR@W campaign.
The campaign showed: -
1. A unity of purpose amongst trade unionists in the face of enormous adversity.
2. What a well organised and resourced community campaign can achieve and
3. That Australian working people will punish any Government that seeks to trample on their rights at work now or into the future:"
Com. M. Want seconded the resolution.
CARRIED
7. From the Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch:- advising Unions NSW that their dispute with Botany Cranes had been resolved. They thanked Unions NSW and its affiliates for all the support for Barry Hemsworth and the CFMEU during the long running dispute.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW extend its congratulations to the CFMEU for their success in resolving the dispute with Botany Cranes and their thanks be forwarded to affiliates.
Further, the appreciation of Unions NSW and affiliates be forwarded to Barry Hemsworth for his work as a role model and tireless worker for the YR@W campaign over the last 2 years."
Com. A. Ferguson seconded and spoke to the resolution.
Com. B. Hemsworth spoke.
CARRIED
REPORTS
1. Campaign Report
The Secretary, Com. J. Robertson gave a report on the election outcomes in the targeted seats. He said that the outcomes in all the seats were about the State and national swings. He congratulated all involved and said he would have more to say next week.
Com. J. Robertson moved:-
"That the report be received and noted."
Com. C. Game seconded.
CARRIED
ANNOUNCEMENTS:
1. Bernie Banton
A State Funeral will be held on Wednesday, 5th December 2007
10.30am at the ACER Arena, Sydney Olympic Park.
2. World AIDS Day
Saturday, 1st December 2007
Wristbands and ribbons available from Com. O"Sheades & Com. Barnes
NSW Teachers Federation.
3. Movember
The Chair conducted a "clap off" for the Unions NSW Officers Mo's that they had grown as part of the Movember Campaign.
COUNCIL ADJOURNED AT 7:03PM
President:____________________________________
About Unions NSW
