Meeting held : 22 October 2009
Chair of Meeting: The President, Comrade Marilyn Issanchon
Location of the meeting : Trades Hall Auditorium, 4 Goulburn St Sydney
UNIONS NSW MEETING MINUTES
MEETING HELD THURSDAY 22 OCTOBER 2009
IN THE TRADES HALL AUDITORIUM AT
4 GOULBURN STREET, SYDNEY, AT 6:00PM
The President, Com. M. Issanchon occupied the Chair.
PRESENT: -M. Lennon [Secretary], C. Christodoulou [Assistant Secretary],
A. Kerslake [Deputy Assistant Secretary]
MINUTES: -
The Secretary, Com. M. Lennon moved: -
"That the minutes as circulated be received".
Com. M. Boyd seconded.
CARRIED
The Secretary, Com. M. Lennon moved: -
"That the minutes as circulated be adopted".
Com. F. Barnes seconded.
CARRIED
CREDENTIALS
From The Textile Clothing & Footwear Union of Australia, New South Wales Branch appointing:- M. Edwards in place of P. Lane.
The Secretary, Com. M. Lennon moved: -
"That the credentials be received and the delegates welcomed".
Com. S. Walsh seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - B. Smith, G. Dwyer, N. Lewocki,
G. Kelly, J. Diamond.
The Secretary, Com. M. Lennon moved:-
"That the apologies be received and accepted".
Com. S. Woodward seconded.
CARRIED
GUEST SPEAKER
Mr Ernesto Freire Cazanas Head of the Cuban Trade Union Council (CTU) - International Relations
The President, Com. M. Issanchon welcomed Mr Cazanas and invited him to address delegates. Mr Cazananas conveyed greetings from unions in Cuba. He said that the CTU wanted to improve the relations with unions in Australia. He specifically thanked Unions NSW for their continued support for the release of the Cuban 5.
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Textile Clothing & Footwear Union of Australia:- regarding the Harmonization of OH&S Laws. In response to the recent circular regarding the proposed 'Don't Risk 2nd Rate Safety Rally' on 28 October 2009 and the draft model OH&S legislation for public comment. The TCFUA expressed their concern with the role of the industrial relations ministers' council to proceed thus far with the drafting of legislation that will undermine key protection for NSW workers. The TFCUA said they were fully supportive of the 28 October protest and would ensure their members were in attendance.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW call upon all affiliates to maximise their support for the protest action at Martin Place on 28th October."
Com. B. Tubner seconded the resolution.
CARRIED
2. From the Electrical Trade Union:- regarding amendments to the Fair Work Act. The ETU expressed its concern over the Deputy Prime Minister's introduction into Federal Parliament of a series of amendments to the Fair Work Act which includes specific provisions in all State Government Utilities. They said that they viewed the action of the Federal Government as a step which had the potential to lead to future industrial disputes. It also raised the vexed question in relation to Section 109 of the constitution in relation to the primacy of legislation. The ETU requested that Unions NSW organise a meeting with the NSW Government on this matter.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW expresses its concern at the proposed amendments to the Fair Work Act as they relate to State Government Utilities.
Further an urgent meeting with the State Government be arranged as requested."
Com. B. Kruse seconded the resolution.
CARRIED
3. From The NSW Teachers' Federation:- regarding the TAFE Decision in Industrial Relations Commission. The Federation referred to previous correspondence regarding the issue of reinstating funding from previous cuts in order to fund any additional savings needed by TAFE teachers. They said that the judgement by the Industrial Relations Commission on 15th October to TAFE teachers was deemed unacceptable as the weekly workload and attendance was to be increased by 5 hours. The Federation said that changes imposed by the decision were to commence from the 2010 TAFE year and that these changes would affect the TAFE award. They said that this decision would consequently affect the work and professional development of TAFE teachers and could lead to further reductions in employment positions. The Federation is seeking further legal advice on the decision. The TAFE Teachers Association Executive and Federations State Council would meet this week to discuss an appropriate course of action. The Federation sought the continuing support of Unions NSW in opposing the changes and their support in obtaining a meeting with the Premier.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW seek an urgent meeting with the Premier as requested."
Com. P. Bradley seconded the resolution.
CARRIED
4. From Textile Clothing & Footwear Union of Australia:- regarding Government uniforms in the Department of Health. The Textile Clothing and Footwear Union of Australia expressed its concern over the trend of the Government in their encouraging cheap, imported workgear to be bought in substitution of local Australian made products. They said that an example of this trend was the recent multimillion dollar contract by Health Services uniforms. This contract relied upon the purchase of imported workwear at the expense of local Textile, Clothing and Footwear (TCF) jobs.
A survey of nurses in NSW found that since the standard uniforms contract was introduced in 2007, nurses were unhappy with the quality of uniforms and with 49% deeming them uncomfortable and 59% reporting restricted movement. The TCFUA believes these problems started 2 years ago when the Department of Health chose the cheapest uniform option from offshore. In the 2009-10 Budget Local Jobs First stated the NSW Government would give preferential treatment to Australian made goods, however this policy is yet to be seen in practice.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW calls upon the NSW Government to implement as a matter of urgency its local jobs first plan with a view to creating more NSW jobs and better quality uniforms in the Health Sector."
Com. B. Tubner seconded the resolution.
CARRIED
5. From the Construction, Forestry Mining Energy Union:- regarding Hightrade and illegal employment practices. They said that on October 21 2009 the Newcastle Herald exposed this company and related companies who had left many subcontractors out of pocket by failing to pay debts owed and repeatedly ceased operations for insolvency. They have further used and exploited illegal Chinese temporary workers. This was yet another example of the chronic problem of phoenix and sham subcontracting operations growing in the industry. To date various Government agencies have failed to act. The CFMEU said they supported the call by the Newcastle Herald for the Federal Government to establish an inquiry into Hightrade and the problem of sham and phoenix subcontracting in the building and construction industry. The CFMEU requested Unions NSW send correspondence to the Federal Government also calling for such an inquiry.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW calls upon the Federal Government to establish an enquiry into Hightrade and its use of sham and phoenix subcontracting in the building and construction industry."
Com. A. Ferguson seconded the resolution.
CARRIED
6. From the United Services Union:- regarding Fair Work Amendment (State Referrals and Other Measures) Bill 2009 - Local Government:-
The USU said that they had reviewed the Fair Work Act Amendment Bill. They said that there were some concerns about the mechanism that the Federal Government proposes for the excising of Local Government entities. It could require the State Government to make a declaration for each and every Local Government entity. The USU said that this created concerns in the context of council boundary changes and amalgamations where each time a municipality was created or altered a new declaration would need to be made. Further, there seems to be a similar process required for Local Government corporations. They said that the Bill anticipates that the Federal Government had the last say on whether or not an entity would be excised. This leaves the door open for future disagreements between Federal and State Governments about whether or not council were to be excised. The union said that concerns had been expressed to Julia Gillard's office.
Com. M. Lennon moved the Executive Recommendation-
"That the correspondence be received and Unions NSW expresses its concern at the process by which the Local Government Sector will be able to remain in the NSW Industrial Relations system. Further a meeting be arranged with the NSW Government to clarify the issue."
Com. B. Kruse seconded the resolution.
CARRIED
7. From the Australian Manufacturing Workers Union:- regarding a National Asbestos Summit. The AMWU expressed its concerns that all levels of Government had failed to adequately deal with the problem of exposure to asbestos. Clearly, they said that much more needed to be done to provide resources for victims from asbestos exposure and to prevent future exposure.
The union said that at the most recent ACTU Congress, the AMWU sponsored a resolution that was unanimously supported, calling for a National Inquiry into asbestos. The AMWU was proposing a National Summit on Asbestos. The primary goal of the Summit was to establish a national pressure group under the banner of a Safe, Asbestos Free Environment (SAFE) which, as its first act, would call for a National Inquiry into asbestos. The AMWU sought Unions NSW endorsement of this initiative and the support of all Union NSW affiliates in this vital initiative.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support a National Asbestos Summit.
Further, a meeting of affiliates be organised in relation to this matter.
In addition, Unions NSW congratulates the State Government for its continued strong support for the victims of James Hardie products and calls on the Federal Government to ensure victims can receive full compensation payouts by making an appropriate loan to the compensation fund to allow its overcome short term funding crisis."
Com. R. Fortescue seconded the resolution.
CARRIED
REPORT
Ma Wei Pin from IUF regarding the Lipton's dispute
Com. M. Pin reported following negations with Unilever overseas that the IUF have been able to secure 222 permanent jobs for the Lipton tea workers. He said this was unprecedented and specifically thanked Unions NSW for the action they took some weeks ago in front of Unilever's offices in Sydney. He said this and other actions proposed by NSW Unions were very important in assisting the parties to reach an agreement.
The Secretary, Com. M. Lennon moved:-
"That the report be received and endorsed."
Com. P. Bastian seconded.
CARRIED
Better Services Campaign - Website Launch
Com. A. Kerslake reported on the Better Services Campaigns website launch. He said the Better Services Campaign was an opportunity for the unions and Community groups to come together and put a view together on the types of services we want in the future. He reported that the Better Services Campaign Website was to be launched today and he introduced several of the Campaign ambassadors - rank and members of various unions who were playing a high profile role in the better services campaign.
Peter Lewis from EMC spoke to the report and about the various uses of the website.
The Secretary, Com. M. Lennon moved:-
"That the report be received and all those responsible for the creation of the website and the launch of the campaign be congratulated."
Com. S. Turner seconded.
CARRIED
ANNOUNCEMENT
1. Don't Risk Second Rate Safety Rally
Time: 12.30 pm
Date: Wednesday, 28th October 2009
Assemble: Martin Place
Speakers: Mark Lennon (Secretary, Unions NSW), Ann O'Farrell (former Bank Teller) and Judith Kiejda (Assistant General Secretary, NSW Nurses Association)
2. Ark Tribe - Support Ark Protest:
Time: 11.00 am
Date: Friday, 30th October 2009
Assemble: Trades Hall Auditorium, 377 Sussex St,
Speakers: Mark Lennon (Secretary, Unions NSW),
John Sutton (CFMEU) and Lee Rhiannon (The Greens)
MEETING ADJOURNED AT 6:50PM
President:____________________________________
About Unions NSW
