Meeting held : 27 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 27TH MARCH 2008
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:04PM
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. C. Game seconded.
CARRIED
The Secretary, Com. J. Robertson moved: -
"That the minutes as circulated be adopted".
Com. K. Sullivan seconded.
CARRIED
CREDENTIALS:
From The Australian Workers' Union, Greater New South Wales Branch appointing: - L. Heaney in place of R. Collison and S. Crawford in place of V. Falconer.
From The Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch appointing:- A. Carrasco.
From The New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union appointing S. Hughes in place of G. Golledge.
The Secretary, Com. J. Robertson moved: -
"That the credentials be received and the delegates welcomed".
Com. K. Sullivan seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - A. Tattersall, D. Long, J. Diamond, L. Hankinson, C. O'Sheades and 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: Ted Ellery
The Secretary, Com. J. Robertson said it was his sad duty to report the passing of Comrade Ted Ellery, a former Organiser with the USU, on Thursday, 20th March at age 66.
Com. Robertson said that Com. Ellery had joined the MEU in November 1990 and was elected to the Union's Executive in 1995. In 1996 Ted became Central West Organiser with the USU and had worked tirelessly until his retirement just a few weeks ago. He said that much of Ted's working life had been spent campaigning on behalf of members and that even in retirement he had spent much of the last few weeks keeping in touch and helping out to keep the local Branch running. His passion for supporting members, the Branch and his work mates at the Union was absolute. He had pursued his work with great optimism and his positive focus through many a campaign was the determining factor pushing through a win for members.
Com. Robertson said that Ted was also well known as a popular identity in the Central West area having worked in the mines at Lithgow and as a fireman on the old 36 class steam engines that used to run between Lithgow and Sydney. He was also renowned as a great football player and is remembered for his wining try for the Western Division in the 1974 AMCO Cup.
Com. Robertson said that Ted's contribution to the USU and the Union movement was enormous, most recently his dedication with the fight against WorkChoices.
In closing, Com. Robertson offered his condolences to Ted's family.
Com. B. Kruse seconded the motion and spoke.
CARRIED BY DELEGATES OBSERVING
A MINUTE'S SILENCE
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Construction Forestry Mining & Energy Union Construction & General Division, New South Wales Branch:- advising Unions NSW that in 2005 the CFMEU and a number of other trade unions were very active in encouraging New Zealander members to vote in the 2005 New Zealand elections. The CFMEU said that the campaign had been successful with 27,482 voting in 2005 compared with 16,879 in 2002. They said that a New Zealand Labour Party Sydney Branch was established several years ago to assist with the co-ordination of the campaign. The Union said that this group were proposing to establish a New Zealand YR@W Campaign Committee and had been liaising with the New Zealand Council of Trade Unions regarding their proposal. The CFMEU advised that a meeting of the New Zealand YR@W Committee has been convened for 5.00pm on Tuesday, 8th April, 2008 at the CFMEU, Ground Floor Meeting Room, 12 Railway Street, Lidcombe to discuss assistance for the 2008 New Zealand Election Campaign. The CFMEU sought Unions NSW's endorsement of the campaign by encouraging other affiliates to attend the meeting and support the campaign.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and details of the New Zealand Rights At Work Group meeting on 8th April be circulated to affiliates for their information and support."
Com. P. McClelland seconded the resolution.
CARRIED
2. From the Australian Services Union, NSW & ACT (Services) Branch:- requesting Unions NSW support for the Australia Tibet Council and the International Tibet Support Movement at this critical time. The union said that Unions NSW and its affiliates should speak out at this important time for the people of Tibet who in the last three weeks have been trying to send the world a message regarding their frustration and dissatisfaction at living under unsuitable Chinese Government policy which denies their rights and threatens their culture. The union said that the message of the Tibetan organisations was:
• That the Chinese authorities cease their violent crackdown on Tibetan protestors and allow freedom of speech and the right to protest non-violently;
• That China re-admit foreign press immediately and allow full and unhindered access to Tibetan people and locations;
• China must allow an independent fact-finding mission by the United Nations or Australian Parliamentarians, as called for by the All-Party Parliamentary Group for Tibet;
• The Australia Tibet council is asking the International Olympic Committee to intervene and stop the Olympic torch from travelling through Tibet to Mount Everest as this is insensitive at the moment and will be inflammatory to Tibetans and risks more protest and therefore more crackdowns by Chinese authorities;
• Foreign dignitaries and Olympic sponsors to reconsider their involvement in the Beijing Olympics to send a message to the Chinese Government that the Olympics must not be polluted with human rights violations.
The Union requested that Unions NSW and affiliated unions support and promote the Austria Tibet Council's Global Day of Action on Monday March 31st at 12 Noon in Martin Place, Sydney.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW lend its support to the Australia Tibet Council Campaign, in particular, the call for independent media and a fact-finding mission of independent monitors to be allow access to Tibet.
Further, Unions NSW advise affiliates of the Australia Tibet Council's day of action next Monday."
Com. B. Johnson seconded.
CARRIED
3. From the Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch: - expressing their concern about the restructuring of the WorkCover NSW OH&S Division following a presentation from WorkCover last week. They were advised that the restructure would be implemented in May 2008. The CFMEU said that the restructure would result in a reduced number of inspectors on the construction team as well as a more bureaucratic approach to OHS enforcement. They said that the emphasis seems to have now significantly shifted in WorkCover from enforcement to the provision of "advice" to employers who are in breach of their OHS obligations. The Union said they were concerned that this would not improve safety standards but may see a decline in safety if employers consider the real threat of strict enforcement
has been reduced or removed. They said that NSW has always prided itself in being a proactive in terms of prosecutions and enforcement activity. The Union requested Unions NSW convene an urgent meeting of construction unions and WorkCover to further assess the outcome of the changes in WorkCover and for their concerns to be addressed.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and a meeting of construction unions and WorkCover regarding the proposed restructure be convened as requested."
Com. P. McClelland seconded the resolution.
CARRIED
4. From the Rail Tram & Bus Union, New South Wales Branch: - advising affiliates that RailCorp were up to their anti-worker, pro WorkChoices tricks again. They said that RailCorp were now contesting the jurisdiction of the New South Wales Industrial Relations Commission to hear a dispute over a simple policy interpretation matter. The Union said that at a compulsory conference hearing held on 17 March 2008, Mr Mark Greenhill (Industrial Manager) representing RailCorp, flagged that RailCorp would contest the jurisdiction of the commission to hear the matter and today they followed through. The RTBU said that the simple matter would have taken only one day to be arbitrated, without witnesses, on the basis of submissions to the commission by industrial representatives from each party. Instead RailCorp will engage legal counsel to contest the jurisdiction which will ultimately cost taxpayers a bomb as the matter would now run for weeks and possibly months. They said that one can only discern that RailCorp are running scared from the New South Wales Commission who arbitrated a matter late last year in which the union had a significant victory. That matter was now subject to a Full Bench appeal with Senior Counsel being engaged by RailCorp to prosecute their case. The Union said that this blatant waste of taxpayer's money was a disgrace given the atrocious state of the system which, once again, failed commuters yesterday on the Illawarra line. They said that one can only wonder where RailCorp's priorities lie. Delivery of an efficient, clean and reliable train service or playing petty industrial games at taxpayer's and worker's expense.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW condemn any attempts by RailCorp to question the jurisdiction of the NSW Industrial Relations Commission to hear disputes in the rail industry."
Com. P. Kessey seconded and spoke to the resolution.
CARRIED
5. From the Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch:- regarding Mr Basilio Reyes, who came to Australia in February 2007 on a 457 visa. The Union said Mr Reyes had worked as a chef for Sombreros Mexican Restaurant located at shop 7/20 Gerrale Street, Cronulla for approximately 10 months. The Union said that Sombreros Mexican Restaurant had a history of underpaying workers, paying cash in hand and not paying superannuation for young workers. They said that Mr Reyes was recently sacked while recovering from surgery he had to remove cancer. Mr Reyes is not only destitute along with his wife and son, but he now had a $7000.00 medical bill which his employer had failed to pay, despite being required to under migration law. The Union said that temporary skilled migration had become a critical issue as more and more migrants were coming to Australia under this visa category. They said that guest workers employed under subclass 457 visas were one of the more vulnerable groups in society. The CFMEU sought the support of Unions NSW and its affiliates for the campaign to stop exploitation of guest workers by attending the community protest outside Sombreros at 6.00pm on Friday, 28th March 2008. They also requested that Unions NSW write to Prime Minister, Kevin Rudd to ensure guest workers are treated with the same dignity as local Australian workers and paid their correct entitlements.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW reaffirm its call on the Federal Government to ensure that workers on 457 visas are afforded the same protection as local workers.
Further, Unions NSW advise affiliates of the protest on behalf of Mr Reyes tomorrow evening."
Com. A. Reyes seconded and spoke to the resolution.
CARRIED
6. From the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union:- regarding yesterday's meeting of the Council of Australian Government (COAG) which resolved a number of important issues not the least being the decision on the future regulation of the Murray-Darling Basin. The Union said however, that a number of issues which have been placed on the COAG Agenda should be of concern to affiliates, in particular, the proposal to
harmonise Occupational Health & Safety Laws. They said that whilst not opposing the notion of harmonisation amongst the states of OH&S Laws they would be concerned if the process was to lead to any watering down of the provisions of the NSW legislation, in particular, with regard to the duty of care placed upon employers. The Union said that the timetable outlined in COAG documents to achieve the proposed harmonisation of laws was fairly tight and that a significant amount of their work was to be completed by the end of this year. They requested as a matter of urgency that Unions NSW seek a briefing by Minister Della Bosca on the OH&S proposals, the timetable for their implementation and proposed consultation process with unions.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW seek a briefing from Minister Della Bosca about the COAG proposals to harmonise OH&S laws as requested."
Com. M. Want seconded the resolution.
CARRIED
7. From the Electrical Trades Union of Australia, New South Wales Branch and the Hon. John Della Bosca MLC, Minister for Industrial Relations:- regarding today's historic landmark in the fight against Australian Workplace Agreements. The ETU said that as of midnight tonight, AWAs could no longer be made in Australian workplaces. They said that although Unions would have liked to have seen the abolition of AWAs altogether by the new government, today was a significant step in bringing about the end to these unfair and inequitable industrial instruments. No longer would Australian workers have to suffer the indignity of signing a document that slashes their wages and conditions. The union said that all unions were to be congratulated for their efforts not only over the last three years but over the last eleven in bringing about this day. They said that particular thanks should go to Unions NSW and personally to the Secretary, John Robertson as he was continually at the forefront of the campaign of opposition to AWAs. The union said that the challenge for the union movement was to remain vigilant and to ensure that further opportunities don't arise for a government to introduce any vehicle that allows employers the opportunity to attack workers wages and conditions. The union said let's celebrate the win but remain on watch for the next attack.
Minister Della Bosca thanked Unions NSW for the opportunity to address affiliates last Wednesday regarding the Federal Government's industrial relations proposals. He said that today marked the day in which this nation would be released from some of the worst excesses of WorkChoices with the proclamation of the Forward with Fairness Transitional legislation.
The Minister said that this was an important occasion not only because it signified the end of Australian Workplace Agreements, but it also recognised the efforts of so many organisations and committed people who had worked tirelessly in the lead up to the last federal election to bring about the end of the draconian WorkChoices legislation and its political masters. He said that this milestone was just the beginning in restoring fairness and equity into the workplace for millions of working families. He said that the federal government was committed to passing its substantive legislation by the year's end and that there was much detail which needed to be addressed prior to its introduction. Minister Della Bosca said that whilst the Policy Implementation Plan provided a general overview of the new system, there was a significant amount of issues which require close consultation with the federal government. He said that these areas include but are not limited to: the content and scope of awards; the conciliation and arbitration powers available to Fair Work Australia; the status of unions and employer organisation; and the role of the state and territory governments in determining the shape of a future national system. He said he was confident that these concerns were shared by Unions NSW and its affiliates and he looked forward to continued dialogue in addressing these concerns and the development of Australia's future industrial relations framework.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW forward its congratulations and thanks to affiliates for their untiring efforts over the last decade to bring an end to the anti-worker, un-Australian and unjust industrial instrument known as the Australian Workplace Agreement.
Further, Unions NSW extend its thanks to Minister Della Bosca for his unrelenting campaign against WorkChoices, in particular AWAs and welcome his commitment to working closer together to develop the future industrial relations framework for the nation."
Com. M. Stylli seconded the resolution.
CARRIED
REPORT:
The Secretary, Com. J. Robertson, informed delegates that a short video would be played of workers affected by AWAs telling their stories.
Com. J. Robertson moved:
"That the report be noted."
Com. B. Johnson seconded.
CARRIED
ANNOUNCEMENTS:
1. Australian Tibet Council
A Global day of Action
Monday 31st March 2008 at 12 Noon
Martin Place Amphitheatre, Sydney
2. Community Protest to Stop Exploitation of
Guest workers on 457 Visas
Outside Sombreros Mexican Restaurant
Shop 7/20 Gerrale Street, Cronulla
Friday 28th March 2008 at 6.00p.m
COUNCIL ADJOURNED AT 6: 35PM
President: _____________________________
About Unions NSW
