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Minutes

Meeting held : 06 March 2008

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 6TH MARCH 2008
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:03PM

The President Com. S. Moait occupied the Chair.

PRESENT: - J. Robertson [Secretary] M. Lennon [Assistant Secretary],
C. Christodoulou, M. Thistlethwaite, A. Kerslake (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. K. Sullivan seconded.
CARRIED

The Secretary, Com. J. Robertson moved: -

"That the minutes as circulated be adopted".

Com. C. Game seconded.
CARRIED

APOLOGIES:

Apologies were received and accepted for: - A. Tattersall, B. Holmes, J. Kiejda, S. Edsall, J. Diamond, L. Hankinson, C. O'Sheades, M. O'Halloran.

The Secretary, Com. J. Robertson moved: -

"That the apologies be received and accepted".

Com. M. Want seconded.
CARRIED


MOTION OF CONDOLENCE:

Vale: Martin (Harry) Pitt

The Secretary, Com. J. Robertson said it was his sad duty to report the passing of Comrade Martin (Harry) Pitt on Monday, 3rd March at age 77 after a long battle with cancer.

Com. Robertson said that Com. Pitt had devoted his life to the ETU having joined as a member in February 1952. He became a shop steward at AIS, Port Kembla from the day he completed his apprenticeship to the day he became a full-time Official. Com. Pitt had devoted 33 years of his life as a fulltime official of the ETU - the last 10 years as NSW State Secretary.

Com. Robertson advised delegates that Com. Pitt's funeral would take place at 2p.m. Friday, 7th March 2008 at St. Patrick's Catholic Church, Port Kembla.

Com. B. Riordan seconded the motion.

CARRIED BY DELEGATES OBSERVING A MINUTE'S SILENCE

GUEST SPEAKERS:

Ms Shikha Joshi

Vice President, Com. M. Issanchon, introduced Ms Joshi, General Secretary of the Self-Employed Women's Association which represents women workers who are self-employed and was based in Indore, India.

Com. Joshi said that 93% of women in India are self-employed and work in the informal sector. They work in areas such as forestry, home-based work and sheeting. Com. Joshi said they have no legal or social protections. She said they have been organised since 1985 and now there are over 500,000 members. Com. Joshi said she needed to ensure there is organising power for women to achieve social protections such as a minimum wage. She asked affiliates for their support in the unions campaign.

The Secretary, Com. J. Robertson thanked Com. Joshi for her address and said he was in admiration of her efforts. He encouraged affiliates to support Com. Josh's Association. In closing, he said her union's cause highlighted the importance of international union ties.

Carol Beaumont

The President, Com. S. Moait introduced Ms Carol Beaumont, Secretary of the New Zealand Council of Trade Unions and invited her to address delegates.
Com. Beaumont spoke to delegates about the upcoming national election in New Zealand. She told delegates the election will be close and the Labour Party is not guaranteed of re-election.

Com. Beaumont told delegates it was imperative that the Labour vote was maximised. To this end, Com. Beaumont was seeking the assistance of unions to inform New Zealander members of their unions in Australia of their ability to vote in the upcoming election and the importance of doing so.

Com. Beaumont said there was an information sheet available for distribution to members.

In closing, she thanked delegates for their attention and support.

The Secretary, Com. J. Robertson thanked Com. Beaumont, a good friend of Unions NSW, for her address and said that Unions NSW would assist with the process of encouraging New Zealander members of unions to get out and vote.

EXECUTIVE BUSINESS
CORRESPONDENCE

1. From the New South Wales Nurses' Association:- regarding Superannuation with respect to employer contributions for employees who were in receipt of workers' compensation payments. They said that a mandatory Policy Directive issued by the Director General of the NSW Department of Health PD 2005_350 issued on 27 January 2005 and Premier's Department Circular 2002-57 which confirmed the NSW Government's policy with respect to certain compulsory employer contributions. The Union said that the Premier's Department Circular dated 15 November 2002 announced that weekly workers compensation payments would be included in the definition of "Salary or Wages" upon which compulsory employer contributions were to be calculated on and from 8 November 2002. They also advised that they were currently in dispute with the Director General of the NSW Health Department, in respect of Hunter New England Area Health Service (HNE Health) (John Hunter Hospital), over their failure to ensure that a members workers' compensation payments, whether paid by the employer or the insurance company directly to the employee, were included in the definition of "Salary or Wages" for superannuation purposes. The Association also advised that they were currently in dispute with Justice Health over their failure to ensure that a members 'out of court' settlement for weekly workers' compensation payments were classified as superable salary and as such attract employer superannuation contributions. They sought the support of Unions NSW at the March 2008 PEO Forum with the Premier's Department next Tuesday and to also convene a meeting with public sector affiliates to discuss these matters prior to securing a meeting with the Hon. John Della Bosca as a matter of urgency.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW refer the matter to the PEO's Forum as requested."

Com. K. Sullivan seconded the resolution.

CARRIED

2. From the Hon. John Della Bosca MLC, Minister for Industrial Relations, Minister for Education and Training, Minister for the Central Coast and Minister Assisting the Minister for Finance:- regarding his recent correspondence where he proposed recommending to Cabinet the appointment of Unions NSW representatives to represent employees on the Workers Compensation and Workplace Occupational Health and Safety Council of New South Wales. The Minister said he was pleased to advise that, following Cabinet consideration, he had reappointed Andrew Ferguson, Keith McGuckin and Peter Remfrey and that Alisha Wilde and Dave Henry had been appointed to fill the five employee representative positions for a three-year term to 31 December 2010. He advised that Alisha Wilde had been appointed to represent injured workers under the provisions of Part 4 s29(1)(c) of the Workplace Injury Management and Workers Compensation Act 1998 and Dave Henry as one of the Ministerial appointees on the Council for a three year term to 31 December 2010. The Minister said he looked forward to the contributions that the reappointed and appointed persons would make to the important work of the Workers Compensation and Workplace Occupational Health and Safety Council of New South Wales.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and circulated to affiliates for their information."

Com. B. Johnson seconded.
CARRIED

3. From the Maritime Union of Australia, Sydney Branch: - requesting the support of Unions NSW with respect to divers who are members of the MUA and in dispute with Construction Diving Services. The Union said that Construction Diving Services was undertaking work for John Holland on the State Government's desalination project. They advised that the company has a non-union agreement which was well below market rates and had recently sacked the union delegate because "he didn't fit in". The Union advised that on Monday, 3rd March the divers went out on strike as a consequence of serious safety concerns:-

• Heavy loads suspended over working divers;
• Unpredictable winch wires on deck in divers working area;
• Coiled anchor wires on deck not securely fastened;
• Extreme lack of anchor wire to diver on sea bed;
• No recovery mechanism for unconscious divers;
• Reluctance to purchase Chamber medical kits as per Australian standard;
• Welders and electricians working in heavy rain;
• Poor communication between supervisors; and

The Union said that these matters needed immediate attention as they were life threatening. They said that it was clear that the anti-union/worker laws such as WorkChoices and the National Building Code which stop the making of comprehensive project agreements for employees on site (including employees of sub-contractors) and the NSW Government's weak procurement policies were all contributing factors in allowing companies like Construction Diving Services to take an anti-union approach towards their workforce and health and safety issues. The Union said they believed that the New South Wales Government should step in and assist in resolving this dispute including addressing the right of workers to be properly represented by their union.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW calls upon Construction Dive Services to renegotiate a settlement of the current dispute with divers with respect to OH& S matters.

Further, we call upon the NSW Government to intervene in the matter to ensure workers rights are fully protected on State Government projects."

Com. W. Smith seconded and spoke to the resolution.

CARRIED

4. From the National Tertiary Education Industry Union, New South Wales :- regarding the 80th anniversary of the first International Womens' Day marches in Australia and 100 years since the garment workers' strike in New York that commenced the international marches. They said that IWD aims at organising women to achieve equal rights, to improve the working lives of all women workers, and to increase the strength of the Women's movement overall. The NTEU said that IWD 2008 was a celebration of what women can achieve collectively within government, civil society, the workplace and families. They called on the women of NSW to join them and show their strengths on International Women's Day, Saturday, 8th March 2008 by marching from Town Hall to Hyde Park as this would be the first time that the march would be going through the CBD.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW congratulates women unionists around the world for the campaigns they have be waged for a hundred years for equal employment rights.

Notwithstanding these great struggles Unions NSW recognises that there is still much more to be done to ensure women are treated as equal partners in our society.

Accordingly, Unions NSW requests all affiliates to participate in all of the IWD trade union activities planned."

Com. C. Game seconded the resolution.
CARRIED

ANNOUNCEMENTS:

1. International Women's Day March
Assemble 11a.m. at Sydney Town Hall
March commences at 12 Noon to Hyde Park North
A Rally will be held from 12.30 - 4.00pm

2. What Women Need - Conference for Centenary of International Women's Day
10th and 11th March 2008
Trades Hall, 4 Goulburn Street, Sydney
Further information is available from Amanda Tattersall
a.tattersall@unionsnsw.org.au

3. "No Privatised Electricity in NSW"
(Indeed no more privatisation whatsoever)
A Special Meeting of Retired Union Members
Thursday, 20th March 2008 at 10.30a.m.
Tom Mann Theatre, 136 Chalmers Street, Surry Hills
Speakers: Matt Thistlethwaite, Unions NSW
Paul Bastian, Secretary AMWU NSW Branch
Warren Smith, Secretary MUA NSW Branch

COUNCIL ADJOURNED AT 6: 40PM

President: ____________________________________