Meeting held : 16 October 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 16TH OCTOBER 2008
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:05PM
The President Com. S. Moait occupied the Chair.
PRESENT: - M. Lennon (Acting 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 Acting Secretary, M. Lennon moved: -
"That the minutes as circulated be received".
Com. M. Boyd seconded.
CARRIED
The Acting Secretary, M. Lennon moved: -
"That the minutes as circulated be adopted".
Com. R. Mallia seconded.
CARRIED
CREDENTIALS
For tonight's meeting: -
From The Australian Workers' Union of Australia (Greater NSW Branch) appointing:- S. Barber in place of R. Collison.
From The Textile Clothing & Footwear Union of Australia, New South Wales Branch appointing:- H. McNabb in place of P. Lane.
The Acting Secretary, M. Lennon, moved: -
"That the credentials be received and the delegate welcomed".
Com. G. Derrick seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - J. Robertson, A. Tattersall, B. Holmes, J. Kiejda, M. Want, R. Collison, J. Irving, G. Dwyer, B. Smith, J. Taylor.
The Acting Secretary, M. Lennon moved: -
"That the apologies be received and accepted".
Com. B. Kruse seconded.
CARRIED
GUEST SPEAKER
The President Com. S. Moait introduced Ms. Maria Guerrero.
Maria thanked Unions NSW for the opportunity to address the meeting. She said she was seeking support and solidarity for the Cuban 5 and their families. They were campaigning around the world for justice for the Cuban 5 who have been in gaol in the USA for 5 years for fighting against terrorism. Notwithstanding a decision by US Courts to release the Cuban 5 they have not as yet been released.
The Acting Secretary, Com. M. Lennon thanked Maria for her address. He said that Maria's brother had been incarcerated since 2001 and that often the efforts for justice were up to the broader community to fight. Com. Lennon offered Unions NSW's support to Maria and her family in their quest for justice for the 5.
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch:- requesting that Maria Guerrero representing the 'Cuban 5' be invited to address delegates at the Unions NSW meeting on Thursday, 16th October 2008. The union advised that Maria is the sister of Antonio Guerrero who is one of the 'Cuban 5" who were unjustly imprisoned in August 2001. They said that the 'Cuban 5' are serving four life sentences and 75 years collectively, after being wrongly convicted in the U.S. Federal Court in Miami on June 8, 2001. The United Nations Working Group on Arbitrary Detention declared on May 27, 2005 that the prison sentences of the 'Cuban 5' were illegal. The CFMEU said that the 'Cuban 5' had been falsely accused by the US Government of committing espionage conspiracy against the United States, and other related charges. In fact, the 'Cuban 5' openly state they were investigating ex-patriot Cubans living in the United States, who themselves were suspected of terrorism against Cuba. However they were totally innocent of the charges found against them. They said that they strongly condemned the US Government's actions in relation to the 'Cuban 5' and called for their immediate release. The CFMEU said that on the 29th October 2008 a motion would be put before the United Nations General Assembly to lift the blockade against Cuba and that the Australian Government should support it. They requested that Unions NSW call on the Rudd Federal Government to send a letter of protest to the US Government against the Cuban 5's unlawful imprisonments and demand their immediate release.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support the call for the immediate release of the Cuban 5 pending a review of their case.
Further, that Unions NSW write to the Federal Government requesting they continue to support resolutions before the UN General Assembly calling for an end to the US economic blockade of Cuba as they have done since 1993."
Com. R. Mallia seconded the resolution.
CARRIED
2. From the Director General, NSW Department of State and Regional Development:- regarding the establishment of the NSW Manufacturing Council by the previous Premier in June 2006. They said that in its first term the primary focus of the Council had been to advise the NSW Government on the needs of the manufacturing sector in NSW and how they should be addressed. The initial two year term of the Council expires on the 4th October, 2008 and a proposal for membership of the Council for a new term was currently being developed for consideration by the Minister for State Development, the Hon. Ian Macdonald MLC. They said that as part of the process, the interest of current members in reappointment had been sought and that the four members representing the union movement had indicated their interest in continuing to serve on the Council.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW liaise with manufacturing unions regarding our representatives on the NSW Manufacturing Council."
Com. B. Tubner seconded the resolution.
CARRIED
3. From the Rail Tram and Bus Union, NSW Branch:- regarding the Inquiry being conducted by Infrastructure Australia on Australia's future infrastructure requirements. The union said that in view of the issues this Inquiry raises for a number of affiliates they requested Unions NSW convene a meeting of interested affiliates with a view to putting forward a submission from Unions NSW. They said that since on the strictures for submissions to the Inquiry is that submissions be no longer than fifteen pages, it was hoped that interested affiliates, with the support of Unions NSW may be able to put forward something that reflects the broad views of the movement in NSW within the timeframe available.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW liaise with affiliates about an appropriate submission to the Infrastructure Australia Inquiry."
Com. R. Boanza seconded the resolution.
CARRIED
4. From the Catholic Diocese of Parramatta:- requesting Unions NSW support their approach to the Federal Government for funding to establish a centre for Aboriginal Catholic Minister and Services in Mt. Druitt.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW write to the Prime Minister offering its support for the Parramatta Diocese Proposal for an Aboriginal Catholic Services Centre at Emerton and that the correspondence be circulated to affiliates for their information and support."
Com. M. Issanchon seconded the resolution.
CARRIED
5. From the Australian Manufacturing Workers; Union, NSW Branch:- regarding the NSW Mini Budget, particularly Infrastructure Investment and Development. They said that in the context of the current global financial meltdown it had never been clearer that trade unions were in a far better position to be advocating structural change than global capitalists, or in some respects, governments. The AMWU said that because their commitment to their members was to work for the long term provision of jobs and job security, they understood very clearly the need for a long term strategic vision by governments that would ensure the future health of the economy. They said it was therefore vital that the NSW trade union movement did not miss the opportunity provided by the new premier's mini budget, which is to be presented to parliament next month. The union said that the long term secure future of workers in NSW, particularly in regional NSW could not be achieved without a strategic vision. They said that the new Premier, Nathan Rees clearly understood the crucial role of public infrastructure to the long term sustainable growth of the NSW economy. The AMWU has developed a three point plan, based upon bringing forward essential public infrastructure in NSW. They said that this plan was founded on sound economic research and they had written to the Premier about the plan. The AMWU sought Unions NSW's endorsement of their strategy as a means of supporting jobs, skills and vital public infrastructure as the foundation for a healthy state economy. The union also requested that a meeting of manufacturing unions be convened as a matter of urgency to discuss their plan to provide a union perspective to the Premier as he prepares next month's mini budget.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and a meeting of manufacturing unions to discuss the AMWU's plan on infrastructure and development be convened as a matter of urgency."
Com. N. Allen seconded the resolution.
CARRIED
6. From the Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch:- regarding the Federal Government's establishment of an Inquiry into the establishment of a specialist division of Fair Work Australia to replace the Australian Building and Construction Commission. The union said they had previously reported on the ABCC and its powers under the Building and Construction Improvement Act 2005, in particular the considerable coercive powers that the Commission has to interrogate workers, delegates and union officials, under threat of gaol if they refuse. They said that the ABCC has in its operations been shown to be a biased anti-union organisation that is continuing with its efforts to carry out the Howard agenda of de-unionising the building industry. Recently, Justice Spender of the Federal Court had cause to comment on a prosecution brought by the ABCC in Queensland against officials of the Plumbers Union, in which the ABCC had to withdraw the prosecution. His Honour commented that the employer concerned, who was being supported by the ABCC, was involved in the evasion of tax to the ATO, acting to evade compliance with an enterprise agreement and who was a "foul-mouthed industrial cowboy". The Court went on to say:
"The promotion of industrial harmony and the ensuring of lawfulness of conduct of those engaged in the industry of building construction is extremely important, but as one which requires an even-handed investigation and an even-handed view as to resort to civil or criminal proceedings, and that seems very much to be missing in this case."
The union said that the ABCC and the BCII Act were a shameful legacy of the Howard years that ought to be abolished. They said that the Wilcox Inquiry, whilst it was based on terms of reference that presupposes the establishment of some sort of replacement division in Fair Work Australia, it was an important opportunity for Unions to voice their rejection of the continued existence of the ABCC in any form. Further, the idea that different laws and standards should apply to people based on the industry in which they work should also be rejected. The CFMEU requested Unions NSW, in consultation with affiliates, particularly those in the construction industry, prepare a submission to the Wilcox Inquiry calling for the abolition of the ABCC.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW prepare a submission to the Wilcox Inquiry calling for the abolition of the ABCC as requested."
Com. R. Mallia seconded the resolution.
CARRIED
7. From the Australian Workers' Union, Greater NSW Branch:- regarding the announcement last Tuesday by the Federal Government of the $10.4 billion dollar assistance package was welcomed. The union said that it showed the difference between Labor and the conservatives and that the Labor Government will act to protect working people quickly and effectively unlike the conservatives who believe that the only way to help working people was to subject them to the deregulated and unbalanced world of WorkChoices. They said that whilst the package was welcome there were further steps the government should take to protect workers in the event of an economic downturn. In particular, the government has to improve the GEERS Scheme to ensure that in the event of a company going bust during a downturn that members full entitlements are protected. The AWU said that in addition, the government has to ensure that as many workers as possible have access to a redundancy scheme and also retraining opportunities if they were unfortunate enough to lose their job as a result of a deteriorating economy. They requested Unions NSW raise these matters with the Federal Government as a matter of urgency.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW in the first instance congratulates the Government on its Economic package announced this week but in addition calls on the government to take the further steps as outlined in the correspondence to ensure working people are afforded appropriate protections in the event of an economic downturn."
Com. S. Bali seconded and spoke to the resolution.
CARRIED
COUNCIL ADJOURNED AT 6:35PM
President: ____________________________________
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