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Minutes

Meeting held : 14 February 2008

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 14TH FEBRUARY 2008
IN THE TRADES HALL AUDITORIUM AT
4 GOULBURN STREET, SYDNEY, AT 6:08PM

The Acting President Com. B. Johnson 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 Acting President, Com. B. Johnson 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. R. Fortescue seconded.
CARRIED

CREDENTIALS

From The Australian Workers' Union, Greater New South Wales Branch appointing:- S. Crawford in place of S. Bali and M. Dixon in place of P. Farrow.

From The New South Wales Fire Brigade Employees; Union appointing:- K. Bolwell in place of S. Flynn.

From The Textile Clothing & Footwear Union of Australia, New South Wales Branch appointing:- D. Karlsson in place of P. Lane and H. McNabb in place of S. Davies.

FOR THE ENSUING YEAR

From The Australian Services Union of New South Wales appointing:- S. Freeman, H. Purse, J. Maher, E. Smith, D. Scaysbrook and K. Davies.
From The Australian Manufacturing Workers' Union, New South Wales Branch appointing T. Ayres, J. Bandara, P. Bastian, L. Drury, M. Hoban, D. Kyriacou and P. Reid (Metals & Engineering); C. Drane and R. Fortescue (Technical & Supervisory); M. Lowe, P. Miller, G. Robinson and M. West (Print); S. Morgan and C. Lewin ( Vehicle).

From The Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch appointing:- R. Mallia, I. Gemmell, A. Ferguson, G. Preston, T. Papaconstuntinos, B. Parker, P. McClelland and S. Woodward.

From The Finance Sector Union of Australia, New South Wales Branch appointing:- G. Derrick, C. Gambian, J. Buckland, S. Walsh, A. Graupner, J. Copper, S. Povey, G. Agius and J. Madrid.

From The Health Services Union, New South Wales Branch appointing:- B. Coquillon, B. Morgan, B. Goulding, C. McMillan, D. Lipman, D. Ravlich, F. Johnston, G. Hayes, G. Tyrell, J. Cowdrey, K. King, K. Seymour, K. Sewell, L. Gilchrist, M. O'Donnell, N. Bradbury, T. Thorburn and R. Feltham.

From The Liquor, Hospitality and Miscellaneous Union, New South Wales Branch appointing:- B. Giblin, M. Boyd, M. Gatfield, J. Lloyd, R. Reilly, A. Sail, C. Griffith, B. Donnelly and Damian Ogden.

From The Liquor, Hospitality and Miscellaneous Union, Liquor and Hospitality Division, New South Wales Branch appointing:- J. Hawker, T. Moriarty, B. Maxworthy, D. Holder and L. Proctor.

From The New South Wales Nurses' Association appointing:- C. Blair, T. Butrej, P. Byrne, L. Flanagan, L. Griffiths, B. Holmes, J. Kiejda, K. Lee, R. Martin, P. Millard, T. O'Grady, H. Rebeiro, L. Ridge, N Scilinato, M. Sharp and K. Sullivan.

From The Shop Assistants and Warehouse Employees' Federation of Australia, Newcastle and Northern, New South Wales appointing:- B. Nebart, G. Gibson, L. Wiebe, T. May, R. Singer and J. Freeman.

The Secretary, Com. J. Robertson moved: -

"That the credentials be received and the delegates welcomed".

Com. F. Barnes seconded.
CARRIED

APOLOGIES

Apologies were received and accepted for: -M. Stuart, B. Kruse, J. Diamond, S. Edsall, J. Hannaford and C. O'Sheades.

The Secretary, Com. J. Robertson moved: -

"That the apologies be received and accepted".

Com. M. Want seconded.
CARRIED

EXECUTIVE BUSINESS
CORRESPONDENCE

1. From the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union, New South Wales Branch:- advising Unions NSW of an interesting decision handed down on 21 January 2008 by the Chief Industrial Magistrate, regarding an application for the recovery of money, namely the pro rata long service leave of their member, Ms Melinda Gadd.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and details of the decision regarding USU member Melinda Gadd be circulated to affiliates for their information."

Com. M. Wilson seconded and spoke to the resolution.

CARRIED

2. From the New South Wales Fire Brigade Employees' Union:- seeking the support of Unions NSW in their Union's claim for maintenance of existing employer contributions to superannuation across the entire public service. The FBEU said they were aware that Unions NSW was seeking an increase in public service employer contributions to superannuation over and above the existing 9% Superannuation Guarantee Levy. They recalled that Unions NSW had written to the State Treasurer, Michael Costa in April 2006 seeking a commitment to increase employer contributions above the 9% paid to all public servants since 1992. The Treasurer responded in May 2006 informing Unions NSW that "The appropriate time to consider this issue would be during negotiations for the next round of awards." The Union advised that they are currently in wage negotiations and have lodged a claim for increased contributions to members of the less generous schemes in line with the Government's Public Sector Wages Policy. They said that their claim would cost the Government no more than it is currently paying superannuation by simply maintaining employer contributions at 13.8% of fire fighters wages. The amount is inclusive of all three public sector superannuation schemes including the more generous defined benefits schemes now closed to new members. The Union said that as members of the defined benefit schemes leave the public service, Government's overall contributions to superannuation reduced and that they believe that these contributions should be directed back into the superannuation entitlements of those members who need them most.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW support the FBEU's claim to maintain employer superannuation contribution amounts in the public sector at their present levels as a minimum

Further, Unions NSW write to the Premier in support of this position."

Com. S. Flynn seconded the resolution.
CARRIED

3. From the Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch:- advising Unions NSW and affiliates of an upcoming peace vigil, the Twenty-O-Three Initiative and requested support for community action. They said that the Twenty-0-Three Initiative, so named because the Iraq war was launched on the 20-03-2003, involved a peace vigil outside the US Consul General in Martin Place during the 20 working days leading up to the fifth anniversary of the US-led invasion. The Union said that during the vigil signatures would be collected on an open letter to US President George Bush calling for the immediate end to the illegal and unjustified occupation which had resulted in thousands of civilian deaths. They said that this letter would then be taken to Canberra and personally delivered to the US Ambassador. The Union said that Unions NSW has had a longstanding and publicly recognised position of opposition to the Iraq War. The Union sought the endorsement of the Twenty-0-Three Initiative in 2008.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW support the Twenty-0-Three as requested."

Com. B. Parker seconded the resolution.
CARRIED

4. The National Union of Workers, New South Wales Branch:- advising Unions NSW of the closure this week of National Parts, an auto parts distribution company. The Union said that as a result of the closure, almost 300 workers across Australia had lost their jobs, with up to 50 of these workers being in NSW. They said that these workers at National Parts would not be paid this week resulting in extreme stress for them and their families. The NUW said that this unfortunate situation highlighted the need for legislative change on a Federal level to ensure the complete protection of workers' entitlements. They said that the present GEERS Scheme does not fully ensure that all entitlements are protected and they felt the time was right for a review of Federal legislation relating to entitlement protection. The Union sought the support of Unions NSW and its affiliates in raising this issue and in lobbying the Rudd Labor Government for legislative change and to ensure that workers' entitlements were fully protected. They said that priority needed to be given to workers, as creditors, in any liquidation process in the case of business failures.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW offer its support to the NUW members at National Parts who have lost their jobs this week as a result of the company going into liquidation.

Further, Unions NSW lobby the Federal Government for changes to legislation to ensure that workers' entitlements are fully protected in any case of a business failure."

Com. N. Allen seconded the resolution

CARRIED

5. From the NSW Teachers Federation: - seeking the support of Unions NSW and its affiliates in relation to a further attack on TAFE NSW by the State Government. They said that not only did they have a fee increase for students in 2008 of 9% on average, a poorly thought-out restructure entitled `TAFE in the 21st Century' which has caused a lot of unnecessary concerns amongst their members, but now an undermining of TAFE Teacher education qualifications. The Federation said that until recently, permanent TAFE teachers had been required to undertake a teacher education qualification through a university, the same as school teachers. They said some teachers came into TAFE already teacher qualified, but most undertake either a two year Bachelor of Adult education or a Graduate Diploma, depending upon their other vocational qualifications, in their first year or years with TAFE. The Federation said that most TAFE Teachers come from industry or other workplaces, with extensive industrial experience. They said that pre-service education, of the type required by school teachers, was not appropriate. These university qualifications are specifically designed for teachers in TAFE, involve release from teaching and support from teacher education co-ordinators in TAFE. They develop high standards of knowledge and skills in relation to being a TAFE teacher. The Federation advised that on December 21 2007, the Director General of the Department of Education and Training sent a letter to them announcing that they intended to stop this current arrangement, and in future would only require permanent teachers to have the Certificate IV in Teaching and Assessment to gain permanency. The Department said that if teachers wanted to undertake a higher qualification, then a rebate for HECS would be applied when they completed their studies, but after Semester 1 this year there would no longer be any release or support. The Federation said that the Department of Education, in making their decision, said that the Certification IV was all that was required by the Australian Quality Training Framework (AQTF), and was all that is applied in other states and territories. They said that whilst the Certificate IV may be an entry level qualification in other states and territories, many also have quite good programs to support TAFE teachers in gaining higher qualifications later. The proposed changes in NSW would certainly measure poorly with other TAFE systems. The Certificate IV on the other hand, was designed for workplace assessors and trainers, not for teachers designing and implementing educational programs for a wide range of learners. The union said that it appears that the NSW State Government was willing to sacrifice teaching standards and quality in order to save money. The Federation and its members were appalled at these changes which the Government says have now been implemented. They said that resolutions have been carried across the state opposing the changes and indicated the willingness of TAFE teachers to take industrial action to protect their rights to proper teacher education qualifications, starting with a state wide SkyChannel stop-work meeting of all Federation members in all sectors in Term 1. The Federation sought the support of Unions NSW and its affiliates in expressing their concerns to members of the State Government to stop these proposals proceeding.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW support the Teachers Federation campaign to protect the standard of Teacher Education Qualifications in TAFE."

Com. L. Simon seconded and spoke to the resolution.

CARRIED

6. From the New South Wales Fire Brigade Employees' Union: - regarding their current dispute with the NSW Government over its Public Sector Wages Policy, which allows for Treasury-funded increases of only 2.5% per annum. The union said they understood that at a meeting of public sector unions yesterday it was agreed to reject the Government's Policy and to instead demand Treasury-funded increases of 3.5%. They said that this had been the FBEU's position since 6 December last year and that correspondence received from Treasurer Costa showed he has no intention of departing from the Government's unrealistic 2.5% offer. The union was now engaged in a steadily escalating dispute over the 1% difference. The union advised that a mass meeting of their members was scheduled for Friday 22nd February and that the award covering fire fighters was due to expire the following day. They said that the Government was expected to seek orders from the NSW Industrial Relations Commission against the Union as early as this afternoon. The Government's Wages Policy generally does not allow for the backdating of agreements or back-pay and raises the urgency of this dispute even further. The Union said that if they can break through the Government's 2.5% ceiling then all public sector affiliates would benefit. They said if the Government is able to defeat fire fighters in their current dispute then it should be equally clear that the task would become much harder for remaining public sector unions who are set to follow them through 2008 and 2009. The FBEU requested Unions NSW to convene an urgent meeting of all public sector unions to consider launching an immediate, sector wide campaign of direct industrial action in support of their 3.5% claim and against the Government's unreasonable 2.5% offer.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW write to the Treasurer as a matter of urgency outlining the Public Sector unions concern at the limiting of the Treasury's Funded increases to 2.5% in light of higher inflation forecasts.

Further, a meeting of Public Sector Unions be convened next Monday to consider support for the FBEU's campaign."

Com. S. Flynn seconded and spoke to the resolution.

CARRIED

REPORTS

1. Indigenous Committee

The Secretary reported that the Unions NSW Indigenous Committee had stated a view that yesterday's historic event, the apology to the stolen generations, should be commemorated in the future on an annual basis.

The Secretary advised that the executive will consider this at a future meeting and report back to Unions NSW.

Com. J. Robertson moved:-

"That the report be received."

Com. T. Moriaty seconded.

CARRIED

Com. J. Robertson moved:-

"That the report be adopted and the executive consider an appropriate way to commemorate February 13th in the future."

Com. J. Kiejda seconded.

CARRIED

2. Returning Officer's Report

The Returning Officer, Com. V. Falconer, reported that in accordance with Rule 24 as at 4:00 pm today, 14th February 2008 the following nominations were received for the positions listed: -

PRESIDENT one (1) to be elected. Nominations were received from:

• Sandra Moait, Unions NSW

As only one (1) nomination was received for the position, I therefore declare Sandra Moait be elected as President.

VICE PRESIDENTS five (5) to be elected. Nominations were received from: -

• Barry Johnson, NSWTF
• Russell Collison, AWU
• Michael Williamson, HSU
• Sally McManus, ASU
• Marilyn Issanchon, NUW

As only five (5) nominations were received for the positions, I therefore declare Barry Johnson, Russ Collison, Michael Williamson, Sally McManus and Marilyn Issanchon elected as Vice Presidents.

TRUSTEES three (3) to be elected. Nominations were received from: -

• Michael Want, USU
• John Cahill, PSA
• Robert Hayden, RTBU

As only three (3) nominations were received for the positions, I therefore declare John Cahill, Michael Want and Robert Hayden elected as Trustees.

SECRETARY one (1) to be elected. Nominations were received from: -

• John Robertson, Unions NSW

As only one (1) nomination was received for the position, I therefore declare John Robertson elected as Secretary.

ASSISTANT SECRETARY one (1) to be elected. Nominations were received from:

• Mark Lennon, Unions NSW

As only one (1) nomination was received for the position, I therefore declare Mark Lennon elected as Assistant Secretary.

DEPUTY ASSISTANT SECRETARIES four (4) to be elected. Nominations were received from: -

• Chris Christodoulou, Unions NSW
• Matt Thistlethwaite, Unions NSW
• Amanda Tattersall, Unions NSW
• Adam Kerslake, Unions NSW

As only four (4) nominations were received for the positions, I therefore declare Chris Christodoulou, Matt Thistlethwaite, Amanda Tattersall and Adam Kerslake elected as Deputy Assistant Secretaries.

GENERAL EXECUTIVE MEMBERS three (3) to be elected. Nominations were received from: -

• Rebecca Mifsud, ETU
• Rebecca Reilly, LHMU
• Robyn Fortescue, AMWU

As only three (3) nominations were received for the positions, I therefore declare Rebecca Misfud, Rebecca Reilly and Robyn Fortescue elected as General Executive Members.

ACTU EXECUTIVE MEMBER one (1) to be elected. Nominations were received from: -

• John Robertson, Unions NSW

As only one (1) nomination was received for the position, I therefore declare John Robertson elected as ACTU Executive Member.

ACTU ALTERNATE EXECUTIVE MEMBER one (1) to be elected. Nominations were received from: -

• Mark Lennon, Unions NSW

As only one (1) nomination was received for the position, I therefore declare Mark Lennon elected as ACTU Alternate Executive Member.

ACTU CONGRESS DELEGATES two (2) to be elected. Nominations were received from: -

• John Robertson, Unions NSW
• Mark Lennon, Unions NSW

As only two (2) nominations were received for the positions, I therefore declare John Robertson and Mark Lennon elected as ACTU Congress Delegates.

TRADES HALL COMMITTEE five (5) to be elected. Nominations were received from: -

• Barry Johnson, NSWTF
• Bernie Riordan, ETU
• Nick Lewocki, RTBU
• Geoff Derrick, FSU
• Russ Collison, AWU

As only five (5) nominations were received for the positions, I therefore declare Barry Johnson, Bernie Riordan, Nick Lewocki, Geoff Derrick and Russ Collison elected as Trades Hall Committee Members.

FINANCE COMMITTEE five (5) to be elected. Nominations were received from:

• Peter Remfrey, PANSW
• Michael Williamson, HSU
• Richard Shearman, IEU
• Paul Bastian, AMWU
• Tara Moriarty, LHMU

As only five (5) nominations were received for the positions, I therefore declare Peter Remfrey, Michael Williamson, Richard Shearman, Paul Bastian and Tara Moriarty elected as Finance Committee Members.

DISPUTES COMMITTEE six (6) to be elected. Nominations were received from:

• Bernie Riordan, ETU
• Andrew Ferguson, CFMEU
• Derrick Belan, NUW
• Russ Collison, AWU
• Judith Kiejda, NSWNA
• Sally McManus, ASU

As only six (6) nominations were received for the positions, I therefore declare Bernie Riordan, Andrew Ferguson, Derrick Belan, Russ Collison, Judith Kiejda and Sally McManus elected as Dispute Committee Members.

Com. J. Robertson moved:-

"That the report be received."

Com. R. Collison seconded.
CARRIED

Com. J. Robertson moved:-

"That the report be adopted."

Com. R. Fortescue seconded.
CARRIED

ANNOUNCEMENTS:

1. Stop The Sell Off - Keep Power in Our Hands
A community Rally to oppose the NSW Governments sell of
our electricity.
Tuesday, 26th February 2008 11a.m.
Outside NSW Parliament House, Macquarie Street Sydney
Further information is available at www.stoptheselloff.org.au

2. What Women Need - Conference for Centenary of
International Women's Day
10th and 11th March 2008, Trades Hall Auditorium
Further information is available from Amanda Tattersall at a.tattersall@unionsnsw.org.au

3. The Secretary Com. J. Robertson announced there would be no No Executive Meeting next Thursday 21st February, 2008.

COUNCIL ADJOURNED AT 6: 40PM

Acting President:____________________________________