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Meeting held : 04 December 2008

Chair of Meeting: The President, Comrade. Sandra Moait

Location of the meeting : Trades Hall Auditorium, 4 Goulburn St Sydney

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ÿþ<b>UNIONS NSW MEETING MINUTES

MEETING HELD THURSDAY 4TH DECEMBER 2008

IN THE TRADES HALL AUDITORIUM

AT 4 GOULBURN STREET, SYDNEY, AT 6:05PM</b>



The President, Com. S. Moait occupied the Chair.





<b>PRESENT:</b> - M. Lennon [Secretary], A. Kerslake, [Deputy Assistant Secretary].





<b>MINUTES: -</b>

The Secretary, Com. M. Lennon moved: -



<i> That the minutes as circulated be received .</i>



Com. K. Sullivan seconded.

<b>CARRIED</b>



The Secretary, Com. M. Lennon moved: -



<i> That the minutes as circulated be adopted </i>.



Com. J. Lemaire seconded.

<b>CARRIED





CREDENTIALS</b>



From The New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union [United Services Union] appointing:- R. Byrnes in place of G. Golledge.



From Textile Clothing & Footwear Union of Australia, NSW Branch:- appointing M. Edwards in place of P. Lane.



The Secretary, Com. M. Lennon moved: -



<i> That the credentials be received and the delegates welcomed .</i>



Com. A. Ferguson seconded.

<b>CARRIED





APOLOGIES</b>



Apologies were received and accepted for: - A. Tattersall, C. Christodoulou, B. Kruse, J. Diamond, B. Fitzpatrick and R. Fortescue.



The Secretary, Com. M. Lennon moved: -



<i> That the apologies be received and accepted .</i>



Com. Brian Parker seconded.

<b>CARRIED





GUEST SPEAKER:</b>



The President, Com. S. Moait introduced Mr Rod Silber, Business Development Manager, St Vincent de Paul Society and invited him to address delegates.



Mr Silber spoke about the work done by St Vincent de Paul in providing work for people with disabilities. He said that a number of unions, including the SDA, were using their mail-out and packaging services and requested that Unions NSW consider giving St Vincent de Paul the opportunity to quote on mail-out and packaging work.



The Secretary, Com. Lennon thanked Mr. Silber for his address and encouraged affiliates to support the work done by St Vincent de Paul which provided valuable support and opportunities for people with disabilities.





<b>EXECUTIVE BUSINESS

CORRESPONDENCE



1. From the Australian Manufacturing Workers Union, New South Wales Branch and the NSW Teachers Federation:-</b> expressing their concern regarding the OH& S law harmonisation process. The AMWU said that on 5th November 2008 the panel appointed by the Deputy Prime Minister, Julia Gillard handed up the first of two reports to the Workplace Relations Minister s Council (WRMC). They said that this report has recommended an effective undermining of the safety standards as established in NSW with amongst other, the abolition of absolute duty on employers to ensure the health, safety and welfare of employees, instead qualifying the duty with  reasonably practical and the removal of the reverse onus in relation to OH&S prosecutions which will no doubt (if adopted) result in a reduction of OH&S prosecutions and a weakening of the key deterrent for employers not to put workers lives at risk. The AMWU requested Unions NSW send a delegation to the Minister responsible, the Hon. Joe Tripodi, to clarify the NSW Government s position with respect to the report and more generally in ensuring that the current standards in NSW are not undermined. They said that this opportunity should be taken to once again clearly articulate our collective position on this issue. The AMWU also requested Unions NSW consider facilitating a forum early in the New Year for all affiliates delegates and health and safety representatives to provide information regarding the implications should the panels reports be adopted and develop a response. The union said that it is clear that NSW will have to lead any resistance to a reduction in safety standards as NSW has the most to lose and that it was important that contingencies were put in place now.



Com. M. Lennon moved the Executive Recommendation:-



<i> That the correspondence be received and Unions NSW reiterate its opposition to any recommendations arising out of the harmonisation process which undermine the effectiveness of the NSW OH&S laws. In particular, we once again call upon the NSW Government to support the employer s duty of absolute care.



Further, Unions NSW organise a delegation to Minister Tripodi and, if necessary, the Premier on this issue and to also organise an appropriate OH& S Forum in the new year and a meeting of the OH&S and Workers Compensation Committee. </i>



Com. J. Lemaire seconded the resolution.



<b>CARRIED





2. From Rail Tram and Bus Union, Bus and Tram Division:-</b> advising Unions NSW that they were currently in dispute with State Transit regarding video surveillance. They said that meetings had taken place between the RTBU, State Transit and Unions NSW trying to resolve this issue to no avail. The union said that over the last several years there has been hundreds of assaults and rock throwing incidents on bus drivers and that video surveillance has not been properly investigated to aid bus drivers in performing their duties. The RTBU said that State Transit has created unnecessary pressure on bus drivers by using video surveillance to investigate and question drivers over the most frivolous complaints from members of the public including non-passengers. They said that the continued use of video surveillance by State Transit to monitor bus drivers for this purpose has created a great deal of anger and dissatisfaction in the workplace.



Com. M. Lennon moved the Executive Recommendation:-



<i> That the correspondence be received and Unions NSW work with the RTBU and other State Transit Unions to resolve the use of video surveillance on buses. </i>



Com. R. Baonza seconded the resolution.

<b>CARRIED







3. From the Australian Manufacturing Workers Union, New South Wales Branch:-</b> regarding an in principle agreement reached between the NSW Government and Unions NSW on 7th May 2008 regarding key improvements in the NSW Workers Compensation Scheme. This agreement was partly struck in recognition of the inequity that had been created with the Government reducing workers compensation premium rates by an average of 30 per cent since November 2005, delivering around $785 million per year in savings for NSW employers whilst at the same time delivering next to nothing for injured workers or the families of those killed at work. The union said that the agreement was to deliver for injured NSW workers and dependants of workers killed the following:



" Increased death benefits to $425,000,

" Removal of partial dependence to limit maximum payments,

" The merging of sections 66 and 67, meaning all workers who sustain a permanent injury receive a pain and suffering component and increases to the base rates be paid,

" Reduction in the level of permanent impairment (50%) before injured workers could access the maximum section 66 payment increased to $390,000,

" The indexation for the first time of the new section 66 payments,

" Allow the Workers Compensation Commission to determine disputes about proposed medical or related treatment,

" Increase in the section 37 statutory rate by $30. $15 at 30 June 2008 and a further $15 (indexed) at 31 December 2008.



The AMWU congratulated the Premier and the Minister for delivering on a key part of the promised reforms with the recent announcement to increase the death benefits paid to dependents. They said that the Workers Compensation Legislation Amendment (Benefits) Bill 2008 when enacted shall deliver the highest death benefits in the country to dependants of those killed at work. It would also remove partial dependence as an excuse not to pay or partially pay those dependants. The union said they looked forward to the implementation of the remaining reforms being implemented and requested Unions NSW again write to the Minister seeking a timetable for their implementation.



Com. M. Lennon moved the Executive Recommendation:-



<i> That the correspondence be received and Unions NSW congratulate the NSW Government for making good its promise to increase death benefits to $425,000.



Further, Unions NSW continue to campaign for increased benefits to injured workers as outlined in the correspondence. </i>





Com. C. Drane seconded the resolution.



<b>CARRIED



4. From the Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch:-</b> thanking Unions NSW and affiliates for their support in the campaign against the Australian Building and Construction Commission (ABCC). The CFMEU said that successful rallies were held in Sydney, Newcastle and Wollongong on Tuesday, December 2nd, 2008.



Com. M. Lennon moved the Executive Recommendation:-



<i> That the correspondence be received and noted.



Further, Unions NSW thank all affiliates who participated in the anti-ABCC Rally. </i>



Com. A. Ferguson seconded the resolution.



<b>CARRIED





5. From the Australian Manufacturing Workers Union, New South Wales Branch:-</b> regarding the countless numbers of Companies who have closed their doors owing workers millions of dollars in workers entitlements. They said that the AMWU has been at the forefront of the campaign for 100% of workers entitlements to be paid out. Following some high profile corporate collapses and their campaign for a National Employees Entitlements Scheme, the Howard Government introduced the current GEERS Scheme.

However the AWMWU said that as we know GEERS not only does not apply in all situations, it does not cover all entitlements workers may be owed such as, superannuation, accrued RDO s, sick leave or redundancy entitlements above the 16 week cap provided under GEERS. The AMWU said that in the current climate there was $37 billion worth of employee entitlements that are at risk for 1.6 million workers and their families. They said that as the global economic conditions worsen, the need to protect worker entitlements was more critical than ever. The protection of entitlements will be a crucial issue in negotiations for hundreds of enterprise agreements due to expire across the manufacturing sector in early 2009. The union said that to ensure workers do not bear the brunt of global economic conditions they were calling for a new system of protecting entitlements that guarantees 100% of accumulated employee entitlements. They said that such a system could involve:



§ð A universal insurance scheme to cover employee entitlements. This could be developed and managed nationally or industry by industry;

§ð A pay as you go contribution plan as exists in industries like building/construction and

§ð Legislation that ranks employee entitlements above accrued creditors.



The AMWU said that until a new system was put in place, GEERS should pay out 100% of employee entitlements.



Com. M. Lennon moved the Executive Recommendation:-



<i> That the correspondence be received and Unions NSW support GEERS paying out 100% of entitlements until a new system of entitlement protection is introduced. </i>



Com. C. Drane seconded the resolution.



<b>CARRIED



REPORTS:



1. UnionStart Program</b>



Com. Kate Minter gave a report on the UnionStart Program. She said that Union Start was being trialled in the Parramatta/Holroyd area and would have two main components. It will involve the education of young workers in schools by outlining the relevance of trade unions to them. The programme will also highlight the impact that trade unions have had on their current working conditions and entitlements. We hope to de-mystify unions. Com. Minter said that she and Matt Dixon were the organizers of the program and they hoped to educate workers on how the union movement works in the legal process, the value it has had in history and its relevance to social and cultural issues both in the past and today.



Com. Minter said that the second element of UnionStart was going out to sites, mainly those of small businesses who employ workers under the age of 18. She said that they have found that the young age group we are targeting are often unaware of their working rights and are in some circumstances taken advantage of by their employer. Many of these young people also do not have a comprehensive understanding of what a union is and why they should join one. Matt and I will be going out to workplaces, talking one on one with young workers, educating them on what unions are and why they should join a union. Members of Union Start join the programme and pay $2.50 a week. They then have access to the Unions Australia call centre and Unions NSW advice on their pay, award conditions and super. Members also have the opportunity to access better paid jobs through the Job Connect Programme, training opportunities and membership discounts. After being with the programme for 6 months members are then transferred into their relevant trade union. Through education, awareness and onsite support we aim to encourage and organize a new and younger generation of trade union members.



Com. M. Lennon moved:-



<i> The the report be received and noted. </i>



Com. H. Robiero seconded.



<b>CARRIED









COUNCIL ADJOURNED AT 6: 30PM</b>









President:____________________________________