Meeting held : 31 July 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 31ST JULY 2008
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:05 PM
The Acting President Com. B. Johnson occupied the Chair.
PRESENT: - J. Robertson [Secretary] M. Lennon [Assistant Secretary],
C. Christodoulou, M. Thistlethwaite, A. Tattersall, A. Kerslake (Deputy Assistant Secretaries).
MINUTES: -
The Secretary, Com. J. Robertson moved: -
"That the minutes as circulated be received".
Com. F. Barnes seconded.
CARRIED
The Secretary, Com. J. Robertson moved: -
"That the minutes as circulated be adopted".
Com. G. Derrick seconded.
CARRIED
CREDENTIALS
From The Textile, Clothing & Footwear Union of Australia, NSW Branch appointing:- H. Nguyen in place of S. Davies.
The Secretary, Com. J. Robertson moved: -
"That the credential be received and the delegate welcomed".
Com. B. Tubner seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - S. Moait, B. Fitzpatrick, B. Parker, S. Bali, V. Falconer, N. Lewocki.
The Secretary, Com. J. Robertson moved: -
"That the apologies be received and accepted".
Com. M. Want seconded.
CARRIED
MOTION OF CONDOLENCE
The Secretary, Com. J. Robertson advised that it was his sad duty to report the passing of Comrade Berna Buchanan on Monday, 28th July.
Com. Robertson said that Com. Buchanan had worked as an Officer with the AMWU for 50 years and had been an activist in the union movement, peace movement and anti-apartheid movement. He said that Berna was a much loved and loyal friend to many in the union movement.
Com. R. Fortescue seconded.
CARRIED BY DELEGATES
OBSERVING A MINUTE'S SILENCE
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch:- advising Unions NSW of an important industrial dispute involving members of the Pohang Construction Plant Workers Local Union, an affiliate of the Korean Federation of Construction Industry Trade Unions. The union said that workers at this construction plant operated by POSCO, a major steel production company in South Korea were involved in a heroic fight to defend and improve labour standards. They said that these workers had been subjected to violent repression with hundreds of union activists arrested in recent weeks. The CFMEU requested that Unions NSW send a letter of protest to the CEO of POSCO and a letter of solidarity to the Korean Federation of Construction Industry Trade Unions.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support the Korean Federation of Construction Industry Trade Unions in their fight to defend labour standards at POSCO in the manner outlined in the correspondence."
Com. Chikmann Koh seconded and spoke to the resolution.
CARRIED
2. From the NSW Teachers Federation:- advising that their representatives on the Sydney Hiroshima Day Committee 2008 were concerned that very few unions had paid their affiliation fees this year. They said that the proliferation of nuclear weapons was very much on the political agenda and that the financial support of unions was crucial for the Hiroshima Committee to stage a successful event. The committee sought the support of Unions NSW in reminding unions that "peace is union business" by urging affiliates to affiliate to the Hiroshima Day Committee as per the attached appeal letter and to encourage union participation in the Hiroshima Commemoration on Saturday, 2nd August, assembling at Town Hall Square at 12.30pm.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW encourage affiliates to support the Hiroshima Day Committee and its commemoration activities on Saturday, August 2nd."
Com. P. Bradley seconded the resolution.
CARRIED
3. Health Services Union, New South Wales Branch:- advising Unions NSW that the New South Wales Legislative Council was currently conducting yet another inquiry into the Ambulance Service of NSW. They said that this comes immediately after the publication on 3rd July 2008 of a Performance Review of the Ambulance Service conducted by the Department of Premier and Cabinet (the Head Report). The union said that the Head Report failed to identify and/or address the key concern of the HSU and its Operational Ambulance Officer Members such as:
• The crisis in staffing levels;
• Person(s) responsible for a culture of bullying and harassment;
• Only a superficial assessment of the Service's (mis)management and planning (in)capabilities;
• Rescue Service recommendations are ill conceived, and demonstrate an alarming lack of understanding of the issues by the Review team;
• Person(s) responsible for the Service's failure to plan to ensure that its capacity to provide service to the community matched demand.
The HSU advised that they had made verbal submissions to the Upper House Inquiry on Tuesday, 22nd July, following previous written submissions already filed. They said that these submissions reflected the deep level of scepticism felt by their Operational Ambulance Officer members. The union had taken the opportunity to provide a considered critique of the Head Report to the Upper House Inquiry. The union advised that a state-wide HSU Ambulance Delegates meeting resolved that the 22nd July would be an Ambulance Day of Action and that the delegation to attend the Inquiry would be escorted to Parliament House by a large contingent of HSU Ambulance Officer members and supporters to demonstrate the profound concern felt by them about the crisis in the management of the Ambulance Service of NSW, and their disappointment that the Head Report had failed to address the fundamental causes of the appalling management of the Ambulance Service. They said that the contingent waited to hear a report from the delegation after it had made its submission and answered questions from the Upper House Committee of Inquiry. The HSU requested the support of Unions NSW and its affiliates in their attempt to ensure that the crisis in one of NSW's essential services was addressed.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support HSU members in their campaign to overcome the crisis in staffing levels and other key areas in one of the State's essential services."
Com. D. Lipman seconded the resolution.
CARRIED
4. From the Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch:- confirming that after representation from the CFMEU and other affiliates, with the support of Unions NSW, Premier Morris Iemma has announced that he will honour his commitment to increase death benefits. They said that the death benefit would be increased to $425,000.00. They also said that in addition, the Premier had confirmed that the need to prove redundancy would be removed and that in the event of a person being killed at work not having dependents, that benefits would be payable to the deceased's estate. The Premier confirmed that this would be given priority in the September sitting of Parliament. The CFMEU advised that the change was retrospective to the 24th October 2007 and even where families had settled their claims under the old provisions, where they would have benefited from the changes, the Government would ensure that payments were topped up. They said that this was an important victory for families of workers killed at work. Whilst no amount of money could ever replace a loved one, the payment of such benefits would provide a measure of financial security, justice and acknowledgement of a tragic loss. The union said that the Premier had also indicated he would, through Unions NSW, meet with the unions to progress the issue of improved lump sums for permanent impairment and weekly benefits that have also been in abeyance for some time. They said that the failure of the Government to legislate the promised improvements was causing anxiety and confusion for seriously injured workers. The CFMEU requested Unions NSW urgently convene a meeting with the Premier's office and/or the Minister to finalise the matter.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and a meeting with the Minister for Industrial Relations regarding the improvements to permanent impairment lump sum and weekly benefits for workers be convened as a matter of urgency."
Com. A. Ferguson seconded the resolution.
CARRIED
5. From the National Tertiary Education Union, New South Wales:- regarding the NTEU's resolution constituting a claim for rights to flexible work for consideration by affiliates. The NTEU said they had been working with the Unions NSW Women's Committee and other unions on pursuing a right to flexible working provisions, both in their bargaining context, and seeking a standard for the wider community. They said that unfortunately, post the submissions to the National Employment standard, including Unions NSW, calling for a stronger standard of 'right to request' provisions in a new legislative framework, and to extend the scope of caring rights beyond parents with small children; there has been no change in the proposed NES standard of right to request by the Federal Government. The NTEU said that further opportunities remained for the women who had attended the Rights At Work Conference, held in March, to pursue this claim, both in the community, and by promoting the higher standard they proposed to various inquiries. They said these inquiries include the House of Representatives Committee on Employment and Workplace Relations that will inquire into and report on pay equity and associated issues related to increasing female participation in the workforce, which included as its terms of reference:-
'The adequacy of current arrangements to ensure fair access to training and promotion for women who have taken maternity leave and/or returned to work part-time and/or sought flexible work hours.'
The union advised that submissions for that inquiry were due by the 28th August 2008. They said that the NTEU hoped to continue to campaign on this issue in the higher education sector and generally.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support the NTEU's Right To Flexible Work resolution and forward it to affiliates seeking they make submissions to the Parliamentary Inquiry on pay equity and female workforce participation as requested."
Com. C. Game seconded and spoke to the resolution.
CARRIED
6. From the Textile Clothing & Footwear Union of Australia, NSW Branch:- informing Unions NSW of an outrageous scandal which has come to the attention of the TCFUA during their ongoing campaign to fight against the exploitation of textile, clothing and footwear (TCF) workers. The union said that in the course of their vigorous efforts on behalf of many exploited migrant women workers, close links had been forged between the TCFUA and significant social organisations amongst the Vietnamese-speaking community in Australia. They said that these close links had led to the union being informed about an especially tragic situation for Vietnamese migrant workers employed in various third world countries. The union said that Vietnamese temporary workers had been lured to countries such as Malaysia by promise of decent pay and decent working conditions - only to find when they arrive in this South East Asian country, that the actual conditions of work were appalling and the promise of decent pay had disappeared and was replaced by appalling situations of exploitation. They said that in Malaysia these exploited Vietnamese temporary workers had been joined by Bangladeshis who had also been lured into harsh TCF sweatshops which do not even meet the minimal third world standards of the host country. The TCFUA said that TCF products were now being sold in wealthy countries, and bearing the logos of high profile internationally recognised product brands, were being produced (in already exploited third world countries such as Malaysia), by a temporary migrant labour force which was now subject to an even harsher, even more exploitative "fourth world" regime of false promises and slave like conditions. They said that greedy transnational corporations were not even willing to ensure that their workers were paid the legal minimum pittance to which they are legally entitled throughout the third world.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW renew its condemnation of the sale of TCF products produced in sweat shops in third world countries.
Further,, Unions NSW supports the TCFUA's efforts to resist the exploitation of temporary migrant workers in developing nations "under fourth world" working conditions."
Com. H. Nguyen seconded the resolution.
CARRIED
7. From the Construction Forestry Mining & Energy Union, Construction & General Division, New South Wales Branch:- advising Unions NSW about Byron Nolan, an 18 year old apprentice furniture-maker from Ballina who was harassed, bullied, underpaid and discriminated against by his former boss, John Ryan. They said that Byron had kept an extensive diary outlining how he was exploited which he was employed at Northern Rivers Original Kitchens for almost three months earlier this year. The union said that Byron has bravely spoken out about his treatment and that they were assisting him to claim more than $8000 in unpaid wages and entitlements from his former employer. Byron was made to spend 70% of his income on tools in the first 10 weeks of the job - and then unfairly dismissed two days before the end of his three month trial period for buying the wrong tool box. The CFMEU said that Australia needed more apprentices and that they need to be encouraged to stay the course, not scared away by bullying bosses. They said that there is a 50% drop-out rate among first and second year apprentices and that Byron could help raise awareness among other apprentices in NSW about their rights and entitlements in the workplace. The union said that Byron would be visiting Sydney this week and would be speaking to apprentices at TAFE about his experiences with a view to educating fellow young workers about their rights and the responsibilities of employers. The CFMEU advised that Byron's case had already received substantial media attention and that the Vocational Training Tribunal had last week slapped a prohibition order on John Ryan preventing him from hiring apprentices in the future.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW condemn the treatment of Byron Nolan by his former employer Northern Rivers Original Kitchens as an example of shameless exploitation of young apprentices.
Further, Byron be invited to address tonight's meeting of Unions NSW."
Com. A. Ferguson seconded the resolution.
CARRIED
REPORTS
1. Super Saturday
Deputy Assistant Secretary, Com. M. Thistlethwaite reported on Super Saturday, which is the next major activity in the electricity anti-privatisation campaign. He said the event would take place on August 16th and involve activities in a number of electorates throughout NSW. He asked that anyone who can assist should contact Mary Yaager at Unions NSW.
Com. J. Robertson moved:-
"That the report be received and noted."
Com. R. Fortescue seconded.
CARRIED
ANNOUNCEMENTS:
1. Hiroshima Commemoration
Saturday August 2nd 2008
Affiliates should assemble at Town Hall Square at 12.30pm
2. 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
3. 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: 51PM
Acting President:____________________________________
About Unions NSW
