Meeting held : 13 November 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 13TH NOVEMBER 2008
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:00PM
The Acting President Com. B. Johnson occupied the Chair.
PRESENT: - M. Lennon [Secretary], C. Christodoulou, [Assistant Secretary]
MINUTES: -
The Secretary, Com. M. Lennon moved: -
"That the minutes as circulated be received".
Com. G. Dwyer seconded.
CARRIED
The Secretary, Com. M. Lennon moved: -
"That the minutes as circulated be adopted".
Com. R. Mallia seconded.
CARRIED
CREDENTIALS
From The Australian Workers' Union, Greater New South Wales Branch appointing:- S. Barber in place of S. Bali.
From The New South Wales Teachers Federation appointing:- P. Bradley in place of J. Irving.
The Secretary, Com. M. Lennon moved: -
"That the credentials be received and the delegates welcomed".
Com. M. Thomson seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - S. Moait, A. Kerslake, A. Tattersall, M. Boyd, F. Barnes, A. Claasens, R. Boanza.
The Secretary, Com. M. Lennon moved: -
"That the apologies be received and accepted".
Com. M. Issanchon seconded.
CARRIED
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the South Coast Labour Council:- advising Unions NSW of an example of the continuance of WorkChoices employer practices well into Federal Labor's first term. The Council said that nurses at the Daintree Aged Care Centre in Albion Park had been formally advised last month that their employment would be terminated on November 9 at which time a new company, directed by the same 2 principals as their current employer, would take over the centre and all employees would have to reapply for their positions. The nurses said they were not given any indication of what pay, conditions or continuity of service would apply. The South Coast Labour Council advised that the Nurses' Association filed a dispute with the Commission and had worked effectively with its membership, community organisations and contacts to raise awareness of this provocative and unacceptable action taken by the Employer with absolutely no apparent regard for the rights of their workers. They said that pressure on the employer from the workplace, client families, media and community concern had eventually led the employers' legal team to make contact with the Nurses' Association and the Labour Council seeking to discuss the matter. The South Coast Labour Council said they were pleased to advise that those negotiations led to an agreement on the terms for the resolution of the dispute including the immediate withdrawal of all termination of employment notices, continuity of service, pay and conditions for the nurses and an agreement to negotiate a change process with the union regarding some of the work rosters. They said that whilst this dispute was heading for a happy ending, it should sound alarm bells to anyone who believed that the rights of workers can be restored without the removal of Workchoices lock stock and barrel.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and noted.
Further, that the NSW Nurses' Association and the South Coast Labour Council be congratulated for the action they took to protect worker's rights at the Daintree Aged Care Centre."
Com. K. Sullivan seconded the resolution.
CARRIED
2. From the Construction, Forestry, Mining & Energy Union, Construction & General Division, NSW Branch:- advising Unions NSW that indentured apprentices and trainees did not have access to unfair dismissal remedies. They said that instead, an apprentice or trainee can complain to the Commissioner of Vocational Training that the employer has failed to discharge its obligations under the training contract. The CFMEU said that they have often sent complaints to the Commissioner of Vocational Training on behalf of apprentice and trainee members and that in August 2008 the union had complained to the Commissioner of Vocational Training about the way these complaints are dealt with. In particular, they complained that, when the Union lodges a complaint, it was allocated to an industry training officer, who usually contacted the apprentice directly without telling the Union. They said that in some instances, meetings were arranged between the employer and the apprentice, again without the Union being notified. This often had the effect of denying the apprentice an opportunity to be represented and supported by the Union in the settlement process. The CFMEU said that they had requested that, where the Union lodged complaints for apprentice members, that the industry training officer should contact the Union to arrange any meetings or settlement negotiations between the apprentice and the employer. The Union said that on 5 November 2008, the CFMEU's apprentice officer and legal officer met with the Commissioner for Vocational Training and an official from the Department in relation to this issue. They said that it was agreed that, when the Union sends a complaint on behalf of a member, the Union would receive a letter acknowledging receipt, and giving the Union a contact name and number for the training centre which would investigate the complaint. The training officer would also be provided with our details and the Union would also be copied in on the notification of any hearing of a complaint lodged by the CFMEU on behalf of the apprentice or trainee. The CFMEU said that beyond that, there was no real agreement about their members' right to be represented in the settlement process. They said that the Commissioner argued that the relevant Act gave the employer and the apprentice the right to industrial representation at the hearing stage, but was silent about the right to representation at the conciliation stage. The Commissioner was concerned that having the Union informed and involved during the conciliation stage would compromise the "objectivity" which the investigating training adviser had to display. The CFMEU requested that Unions NSW seek a meeting with the Minister asking for the Department to implement the following policy where a Union lodges a complaint on behalf of a member:
1. When the complaint is allocated to a training centre, the Union is informed and provided with a contact name and number.
2. The training officer contacts the Union to arrange meetings/ discussions with the apprentice.
3. The training officer does not require the apprentice to attend a meeting with the employer without telling the Union or permitting the Union to be present.
4. The training officer does not require the apprentice to attend his/ her office without the Union being notified.
5. The Union is kept informed throughout the process and is sent copies of any correspondence sent to member, especially a listing for hearing.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and noted, and Unions NSW write to the relevant Minister requesting a meeting to clarify the right of Apprentices to be represented by a union during a complaints procedure."
Com. Brad Parker seconded the resolution.
CARRIED
3. From the Rail Tram and Bus Union, NSW Branch:- regarding the inaugural speech of former Unions NSW Secretary, John Robertson in the NSW Parliament on Tuesday, 11th November, 2008. The Union said that John's speech detailed the crucial work of the 'Your Rights At work' campaign in defending and protecting working conditions, its opposition to the WorkChoices policies, and its role in ultimately bringing down the Federal Howard Government. At the same time, John was non-apologetic for the role of the union movement in supporting the NSW Iemma Government. John's speech used these examples to elaborate on the vital roles for unions in contemporary society, and how the obligation of unions as ethical voices for working people needed to be constantly re-assessed and re-affirmed. They said that John had vowed and made a clear commitment not to lose sight of the plight and values of workers, their families and communities. The RTBU congratulated John on his decision to continue to work for ordinary people, through the political wing of the labour movement. They said that they believed that his substantial contributions made through the union movement, would be matched in his parliamentary career.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and noted.
Further, Unions NSW congratulates the former Secretary, John Robertson on his inaugural speech to the NSW Parliament and hopes that he can fulfil the commitments he has made to the workers of NSW."
Com. N. Lewocki seconded the resolution.
CARRIED
4. From the Australian Manufacturing Workers' Union, NSW Branch and the Construction, Forestry Mining & Energy Union, Construction & General Division, NSW Branch:- regarding the inaccurate reporting in the Australian newspaper on Wednesday, 12th November of a tour by NSW Water Minister, Phil Costa and a number of senior trade union officials around the Desalination Plant project at Kurnell. Both the AMWU and CFMEU said that the Minister should be congratulated for doing so. They said that the Minister had heard reports about John Holland's repeated refusal to have co-operative relations with the unions who represent workers on the site, particularly on safety issues; and the company's reliance on the inferior Comcare safety regime. The Unions said that the Minister's visit reflected his concern for the NSW workers on that site, the lack of co-operative relations on this important project and that he was determined to have a first-hand inspection of the project himself. The AMWU and CFMEU said that they looked forward to continuing dialogue with the NSW Government on developing a fresh approach to ensuring modern, fair safety and industrial standards on this project.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW thank Minister Costa for inviting relevant unions to inspect the progress of the Desalination Plant construction at Kurnell.
Further, Unions NSW condemns John Holland's continued anti-union agenda and calls upon the NSW Government to enact penalties against John Holland for not abiding by NSW OH&S Laws."
Com. R. Mallia seconded the resolution.
Com. B. Riordan also spoke in support.
CARRIED
5. From the Transport Workers' Union of Australia, NSW Branch:- advising Unions NSW that the Transport Workers' Union had recently been waging an intense campaign for reform of remuneration systems in the heavy vehicle transport industry. The union said that too often, major transport clients abuse their market power by driving down the price of transport services so low that neither the transport operator, driver nor owner-driver was able to recover the costs of providing the service they were asked to discharge. They said that this abusive form of hyper competition forces many transport operators to cut corners that that it was not uncommon for essential vehicle maintenance to be delayed, for drivers to exceed legal hours limit, for drivers to speed and, tragically, for some drivers to take drugs to meet an unreasonable client imposed deadline. The TWU said that with 275 people needlessly perishing in heavy vehicle incidents in the 12 months to March 2008, they had long maintained that ending this chronic safety crisis required external intervention. The Union said that last Friday, Professor Michael Quinlan of the University of NSW and The hon. Justice Lance Wright (former President of the NSW IRC) handed their review into heavy vehicle remuneration to the Federal Government. The review said that apart from finding widespread evidence of client neglect, the review recommended the establishment of a national scheme for setting mandatory safe rates for employees and owner-drivers in the heavy vehicle industry. The TWU said that this conclusion is groundbreaking and is the latest Government commissioned report in the world to acknowledge the link between rates of pay in the transport industry and road safety. They said that for hundreds of thousands of Australians who work in heavy vehicle transport, it offered real hope that after decades of inaction, major transport clients can finally be held accountable for how their systems cause death and injury. The Union said they looked forward to working with the Rudd Government to implement these vital reforms. They requested Unions NSW send congratulations to the Prime Minister, Deputy Prime Minister and the Federal Minister for Transport on this review and call on them for the speedy implementation of a Safe Rates system, and all the other report's recommendations.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and noted.
Unions NSW welcomes the report of Professor Michael Quinlan and the Hon. Lance Wright on heavy vehicle remuneration.
Further Unions NSW supports the introduction of a safe rates system as a mechanism to improve safety in the heavy vehicle transport industry."
Com. D. Mookhey seconded the resolution.
CARRIED
6. From the Shop, Distributive &^ Allied Employees' Association, NSW Branch:- advising Unions NSW that Boxing Day and New Year's Day fall on a Saturday or a Sunday in 2009, 2010, 2011 and 2012. The union said that where substation of a public holiday occurs, members of the SDA and employees in other 7 day a week industries may be severely disadvantaged in respect of the real public holiday which falls on a Saturday or a Sunday. The SDA said that for over two decades now they had addressed the issue of Christmas and New Year Holidays falling on a weekend by approaching the government of the day to ensure employees working in 7 day a week industries (eg. Retail) did not lose out on the benefit of every Public Holiday. They said that the mechanism used to guarantee the benefit of these public holidays when they fell on a weekend, was the proclamation of an additional day on either the Saturday or the Sunday in question. The Union believes that the time has come to stop addressing this as a one-off issue and permanently address the problem by way of legislation. They said that this matter should be dealt with by an Act of Parliament so that the matter does not have to be debated each year when the Public Holiday falls on weekends in the future. It should be noted that other States have now adopted this approach. The SDA requested Unions NSW convene a meeting of interested affiliates to discuss the progression of this matter with the NSW Government in order to provide long term protection of Public Holiday entitlements for all employees working in 7 day a week industries.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and a meeting of affiliates be convened as requested.
Further, Unions NSW lobby the NSW Government to provide employees who work in 7 day a week industries with long term protection for their public holiday entitlements."
Com. G. Dwyer seconded the resolution.
CARRIED
REPORTS
1. The Economic Outlook
The Secretary, Com. M. Lennon reported on Unions NSW approach to the Federal Government on how workers should be protected in the current economic climate. Com. Lennon proposed the following resolution:
"Unions NSW welcome the recent initiative of the Federal Government with its $10 billion economic package as a measure to stimulate demand in the economy and protect workers jobs and calls on the Government to use fiscal measures to keep the economy continue to growing.
However, Unions NSW recognises that in times of lower economic growth it is inevitable that unemployment will rise.
We therefore call on the Government to also adopt and enhance measures to ease the burden of workers who face the prospect of unemployment by ensuring: -
• The introduction of job generating schemes
• Workers have access to a comprehensive redundancy package
• The GEERS scheme covers all of the employees entitlements in the event of a company failure
• Workers' entitlements be given priority in insolvency circumstances ahead of secured creditors
• Workers' conditions and entitlements are protected where there is a transmission of business
• The provision of an adequate safety net for the unemployed, including appropriate payments and access to re-training opportunities rather than the punitive approach which was taken by the previous Howard government
• Access for affected workers and their families to financial counselling and other social support services."
Com. M. Lennon moved:-
"That the resolution be received and adopted."
Com. D. Belan seconded.
CARRIED
2. Paid Parental Leave Campaign
Com. Sarah Gardner reported on the Paid Parental Leave campaign and advised delegates that there was now an agreed position between the ACTU and Unions NSW.
Com. M. Lennon moved:-
"That the report be received."
Com. K. Sullivan seconded.
Com. M. Lennon moved:-
"That the report be adopted."
Com. M. Issanchon seconded.
CARRIED
ANNOUNCEMENTS:
1. Walk Against Warming
Saturday, 15th November 2008
11.00am - Martin Place, Sydney
Further information is available at www.walkagainstwarming.org
2. Jeff Lawrence, Secretary, ACTU
Will be the Guest Speaker at the Unions NSW
Meeting next Thursday, 20th November 2008.
Jeff will be speaking on the Federal Government's new Industrial Relations Legislation.
3. 153rd Anniversary Labor Day Dinner
Friday, 21st November 2008
7.00pm, Parliament House, Sydney
For further information contact Johno Johnson on
0419 243 285 or Mary O'Donoghue on 9881 5916 or
m.odonoghue@unionsnsw.org.au
COUNCIL ADJOURNED AT 6: 40PM
Acting President:____________________________________
About Unions NSW
