Meeting held : 24 July 2008
Chair of Meeting: The Acting President, Com. Sally McManus
Location of the meeting : Trades Hall Auditorium, 4 Goulburn St Sydney
UNIONS NSW MEETING MINUTES
MEETING HELD THURSDAY 24TH JULY 2008
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:04 PM
The Acting President S. McManus occupied the Chair.
PRESENT: - M. Lennon [Acting Secretary], C. Christodoulou, M. Thistlethwaite, A. Tattersall, A. Kerslake (Deputy Assistant Secretaries).
MINUTES: -
The Acting Secretary, Com. M. Lennon moved: -
"That the minutes as circulated be received".
Com. F. Barnes seconded.
CARRIED
The Acting Secretary, Com. M. Lennon moved: -
"That the minutes as circulated be adopted".
Com. L. Carruthers seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - J. Robertson, S. Moait, C. Game, J. Cahill, A. Ferguson, R. Mallia, J. Kiedja, J. Diamond, C. O'Sheades.
The Acting Secretary, Com. M. Lennon moved: -
"That the apologies be received and accepted".
Com. M. Want seconded.
CARRIED
GUEST SPEAKER:
The Acting President, Com. S. McManus, introduced Campbell Sallabank, CEO, LinkMe. Com. Sallabank outlined the opportunities that exist for unions and their members to access his organisation's service. LinkMe is an interactive web portal for workers and their careers. The website allows workers to load information about themselves that can be accessed at any time by employers. It allows workers to gain an appreciation and regular update of their position in the labour market. LinkMe can also customise the portal for participating organisations like unions. Com. Sallabank invited unions to inform members of their services.
Com. Lennon thanked Com. Sallabank for his address and said that unions would be encouraged to access his organisation's services.
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Public Service Association of New South Wales:- advising Unions NSW that the Public Sector Workforce Office had circulated a position paper foreshadowing further significant changes to the Managing Displaced Employees policy. The union said the PSWO had also circulated a proposed redraft of the Union Consultative Arrangements policy. They said that both these items were on the agenda for discussion at the next scheduled Unions Consultative Forum. The PSA said that both the discussion paper and the draft Union Consultative Arrangements policy raise serious concerns about the Government's intentions in regard to public sector workers.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and a meeting of public sector unions regarding the displaced employees and consultative arrangements policies be convened as requested."
Com. S. Turner seconded the resolution.
CARRIED
2. From the Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch:- advising Unions NSW that a confidential settlement had been reached between Sombreros Mexican Restaurant and Chilean 457 visa worker Mr Basilio Reyes after unfair dismissal proceedings in the Industrial Relations Commission of New South Wales. The union said that the settlement was a great victory not only for Basilio Reyes but for all 457 visa workers. They said that Mr Reyes came to Australia on a 457 visa and worked as a chef for a Sombreros Mexican Restaurant in Cronulla for approximately 10 months. Mr Reyes was sacked while recovering from surgery he had to remove cancer. The CFMEU successfully staged community rallies with the Sutherland Your Rights At Work Group each Friday night to demand justice for Mr Reyes since March this year. They said that despite the victory, the CFMEU were concerned that Sombreros Restaurant had still not paid Mr Reyes $7,000 for medical bills as is required under migration law. The union remains committed to ensuring that this money is paid to Mr Reyes. The CFMEU called on Unions NSW and its affiliates to support the campaign to stop the exploitation of guest workers by writing to Kevin Rudd asking that guest workers be treated with the same dignity as local Australian workers and that they be paid their correct entitlements. They also called on Unions NSW and its affiliates to write to Kevin Rudd to ensure tougher laws ensuring that employers who sponsor guest workers meet their obligations under the law to pay their worker's medical bills.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support the call for reform to the guest worker scheme including the obligation for employers to meet workers medical costs."
Com. R. Mallia seconded the resolution.
Com. Reyes spoke on behalf of his brother-in-law.
CARRIED
3. From the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union:- regarding their member, Christopher Shiels who was employed by Wollongong Radio Cabs Co-op (WRC) for thirteen years. Mr Shiels claimed that he had been unfairly dismissed. The USU advised that they have filed a claim in the NSW Industrial Relations Commission seeking reinstatement of their member. They advised that the matter was set down for a hearing recently before Deputy President Walton after the failure of Conciliation. The USU advised that Wollongong Radio Cabs had now filed documents in the NSW Industrial Relations Commission claiming that they are a Constitutional Corporation and therefore the NSW Industrial Relations Commission had no jurisdiction to determine Mr. Shiel's Application. They said that this action leaves Mr. Shiels with no avenue to seek redress of his unfair dismissal claim. The Union requested the assistance of Unions NSW to settle this dispute, as it was their opinion that it was in the public interest for this Taxi Co-op and other Taxi Co-ops to remain under the jurisdiction of the NSW Industrial Relations Commission. The Union's opinion was based on the following:-
• The Taxi industry is regulated by the NSW Government and therefore any matters that arise in this industry are dealt with by the Ministry of Transport.
• Taxi-Co-ops operate to offer a service to cab owners and the public, any matters that arise are dealt with by the same body, the Ministry of Transport.
• It is the Union's opinion that should Wollongong Radio Cabs be successful in their Application that the NSW Industrial Relations Commission has no jurisdiction to resolve industrial matters, then the industrial stability in this industry could become extremely unstable.
The Union has considerable union membership in this sector and one that has in the past been able to successfully resolve matters with individual Co-ops directly and with the assistance of the NSW Industrial Relations Commission in some cases. They said that they have grave concerns with this turn of events. The USU requested Unions NSW arrange a meeting with the Deputy Premier and Minister for Transport, John Watkins as soon as practicable, with a view to bringing the matter to his attention and to request his department to assist in the resolution of this dispute.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW seek the assistance of the Minister for Transport and the department in seeking to resolve the USU's dispute with Wollongong Radio Cabs."
Com. B. Kruse seconded the resolution.
CARRIED
4. From the Electrical Trades Union of Australia, NSW Branch:- regarding the mutterings of the Treasurer, Michael Costa, over his bipolar disorder at a book launch yesterday. The Secretary said that many of us had known about Michael's medical problems for many years and had shown him a great deal of tolerance and sympathy. He said it was heartening to hear that he now had his problems under control by medication. The Secretary said that if this was the case, then it was hard to explain the Treasurer's behaviour at the ALP conference in May. True to form, Michael accused anyone who didn't agree with his policy as being stupid. The Secretary admitted that along with 80% of the population and 85% of delegates to the ALP conference, he didn't support his policy. He said that it continued to be flawed economically, socially and politically. The Secretary said that in the past he had challenged Michael to debate his policy in any form at any time. To date - he had refused - apart from his calculated and vitriolic performance at the Conference where he failed to mount a single logical argument for his policy but had simply reverted to form by pouring buckets of personal abuse. He said that he still regarded Michael as a friend and that his offer to debate him on the merits of his policy remains - even though there was no cure for his condition.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW forward Com. Riordan's continued offer for a debate on electricity privatisation to the Treasurer."
Com. R. Collison seconded the resolution.
CARRIED
5. From the Textile Clothing & Footwear Union of Australia, NSW Branch: - informing Unions NSW of important developments in their Union's current campaign to secure compliance with important legal protections for exploited workers in the textile, clothing and footwear (TCF) manufacturing industry. The Union said that Unions NSW was already well aware that this state has developed and legislated some of the most advanced laws designed to protect the conditions and treatment of vulnerable workers performing TCF work in sweatshops, backyards and in homes.
They said that these legal protections applied at each stage of the supply chains which stretch all the way from TCF outworkers labouring in their homes, up through the ranks of contractors and manufacturers, right up to the big retailers who sell these garments produced by outworkers. The TCFUA said that their current campaign was enforcing award compliance throughout these supply chains by the union using cutting edge systems of supply chain auditing and inspection. They said that their campaign was already producing improvements in the working and family lives of vulnerable TCF outworkers.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and the TCFUA be congratulated on their campaign to enforce award compliance throughout the supply chains in the TCF industry."
Com. B. Tubner seconded and spoke to the resolution.
CARRIED
6. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch: - regarding Workers Compensation benefits. They said that on 24th October 2007, the Premier Morris Iemma announced changes to workers compensation legislation, which inter alia, included an increase in the lump sum death benefit and changes to the lump sum impairment benefits available to injured workers by combining into one table s66 (permanent impairment) and s67 (paid and suffering) benefits, following introduction f the Benefits Bill into the Legislative Assembly on 12th October 2007 by the Government. The CFMEU said that at the time they welcomed the increase in the death benefits, but raised concerns that the combination of s66 and s67 as proposed would actually leave a significant number of seriously injured workers with less benefits. The union said that over the course of months to April 2008, through Unions NSW in good faith had participated in discussions with the office of Minister Della Bosca and WorkCover to address these concerns. They said that in April 2008, a proposition was put to the unions, which, whilst they remained opposed to combining sections s66 and s67, they accepted. The package incorporated the increased death benefits, a new impairment table correcting some of the deficiency identified in the draft bill and some very modest improvements in the statutory rate to improve benefits for the long term incapacitated. They said that they had expected thereafter to see a revised bill, and for the new Benefits Bill to take effect. The CFMEU said that one important improvement to benefits announced was the removal of the need to prove dependency in relation to a death claim and ensuring that death benefits were payable to the deceased workers estate if they died without dependents. They said that this provided some justice to families who lost their loved one. One such family is the family of Lee Tipping who was killed at work on 4th April 2008.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and noted and Unions NSW invite Mr. Tipping to address the meeting.
Further, Unions NSW calls on the government to immediately honour their commitment to increase access to death benefits to the families of deceased workers."
Com. P. McClelland seconded the resolution.
Mr. Tipping addressed delegates.
CARRIED
REPORTS
1. Electricity Campaign
Com. Les McAllister an ETU delegate from Delta Electricity reported on the anti-privatisation campaign and thanked unions for their ongoing support of electricity workers. The workers and their unions have run a very effective community based campaign that has gained the overwhelming support of the public in NSW. Union members have been campaigning since December 2007 in their local communities, holding meetings with local MPs and highlighting the damaging effects of privatisation for the people of NSW. The success of the campaign is measured by the fact that the Iemma government has sought the support of the Liberal Party to push their privatisation proposal. Workers in the industry will continue to campaign against privatisation and do whatever it takes to stop the Iemma government proposal succeeding.
The report was supplemented by Com. Amanda Lane a PSA delegate from Macquarie Generation. Com. Lane informed delegates of Super Saturday on 16th August 2008 when power workers and other unionists will campaign in 25 targeted electorates throughout NSW. All members and friends are invited to join this effort.
Com. Lennon thanked Com. McAllister and Com. Lane for their reports and said that Unions NSW and its affiliates would continue to support the campaign against the privatisation of the electricity industry in NSW.
Com. M. Lennon moved:-
"That the report be received and noted."
Com. S. Turner seconded.
CARRIED
2. Public Sector Day of Action
The Acting Secretary, Com. M. Lennon advised delegates that a rally would be held on Wednesday, 30th July 2008 at 11a.m, Governor Macquarie Tower, 1 Farrer Place, Sydney to protest the 2.5% wage increase offered by the Iemma government.
Com. M. Lennon moved:-
"That the report be received and noted"
Com. R. Fortescue seconded.
CARRIED
ANNOUNCEMENTS:
1. Australian Trade Union Program at Harvard Foundation Seminar - "Strategic Choice for Labor Union Leaders"
Tuesday, 5th August 2008
2.00pm - 4.00pm, Trades Hall Auditorium
Guest Speaker: Professor David Weil, Lecturer
Harvard Trade Union Program
2. IR Society of NSW Annual General Meeting & Luncheon
Friday, 15th August 2008
AGM 12 Noon - "Jubilee Room" Parliament House
Luncheon 12.45pm - "Strangers Dining Room"
Parliament House, Macquarie Street, Sydney
For further information contact IRS on 9630 5211
COUNCIL ADJOURNED AT 6:45PM
Acting President:____________________________________
About Unions NSW
