Meeting held : 11 September 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 11th SEPTEMBER 2008
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:03PM.
The Acting President Com. B. Johnson occupied the Chair.
PRESENT: - J. Robertson (Secretary), C. Christodoulou, M. Thistlethwaite,
A. Kerslake (Deputy Assistant Secretaries).
OPENING
OF THE
MEETING: The Acting President, Com. B. Johnson 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 Secretary, Com. J. Robertson moved: -
"That the minutes as circulated be received".
Com. B. Holmes seconded.
CARRIED
The Secretary, Com. J. Robertson moved: -
"That the minutes as circulated be adopted".
Com. N. Lewocki seconded.
CARRIED
CREDENTIALS
For tonight's meeting: -
From The Australian Workers' Union of Australia (Greater NSW Branch) appointing:- S. Barber in place of S. Bali.
From Liquor Hospitality & Miscellaneous Union, Liquor & Hospitality Division, NSW Branch appointing:- Assistant Secretary, Tara Moriarty in place of John Hawker on Unions NSW Executive.
The Secretary, Com. J. Robertson, moved: -
"That the credentials be received and the delegate welcomed".
Com. G. Derrick seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - S. Moait, M. Lennon, A. Classens, J. Night, B. Fitzpatrick, C. Game.
The Secretary, Com. J. Robertson moved: -
"That the apologies be received and accepted".
Com. M. Want seconded.
CARRIED
MOTION OF CONDOLENCE
Vale Madge Neilson
New South Wales Nurses' Association
The Secretary, Com. J. Robertson said it was his sad duty to report the passing of Comrade Madge Neilson who became a member in 1975 and was awarded life membership of the NSW Nurses' Association in 2003. He said Com. Neilson joined the NSWNA in 1986 as an Organiser and was later appointed as Manager, Organiser Services Southern Team from 1998-2002. Com. Neilson held Branch positions in workplaces of the NSWNA from 1979-1986 and then again between 1987-1997. She also held the positions of Vice President, Delegate and Branch President within the NSWNA Appointed Officers Branch. Com. Neilson also represented the NSWNA on the ACTU Women's Committee from 2001-2002, the ACTU Executive from 2000-2002 and was a Labor Council of New South Wales (Unions NSW) delegate from 1986-2002.
Com. Robertson said that throughout Com. Neilson's time at the NSWNA she was active in many of the Association's campaigns and was a great advocate for the union movement.
Com. B. Holmes seconded the motion and spoke.
CARRIED BY DELEGATES OBSERVING
A MINUTE'S SILENCE
GUEST SPEAKER
The Acting President Com. B. Johnson introduced Mr Paul Innes, President of the Australian Jockey's Association.
Com. Innes advised delegates that the AJA has begun a campaign to improve the welfare and conditions for Australian jockeys. He said that the campaign "Racing for our Lives" was launched at Caulfield on Friday, 29th August, 2008.
Com. Innes said that Australian jockey numbers have been declining at an alarming rate in recent years with a 43% decline over the past 9 years from 1510 to 860(including apprentices) up to 2006-07. He said the reasons for the decline were largely economic and that the overwhelming majority of their members were not highly paid with 50% grossing no more than $50,000 per annum. He said this amount was before paying for their riding gear, transport costs, public liability insurance which is mandatory, personal accident insurance, income tax etc. Com. Innes said that real incomes have declined with the erosion of the 5% gratuity because it was not enshrined under the rules of racing or an industrial agreement. The current worth of this 5% gratuity would be worth $19m or an average of $22,000 a year for jockeys.
Com. Innes said that the AJA would campaign to have the racing industry dedicate 1% of race prize money to the National Jockeys Trust.
The Secretary, Com. J. Robertson, thanked Com. Innes for his address and said that the AJA campaign was similar to one run by the Rugby League Players' Association to get the NRL to fund accident insurance and that asking for 1% was not much to protect the welfare of the most important workers in the industry.
Com. Robertson offered the support of Unions NSW to the campaign.
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch:- regarding the on-going anti-union activity of the Australian Building and Construction Commission. The union said that at a conference in Melbourne this week, it had been further revealed that the ABCC has nearly all of its prosecution activity on trade unions, with 23 of 24 prosecutions launched by the ABCC being about trade union activity. Further 73% of all investigations are about trade union activity and out of 73 interventions in other legal proceedings, in all 73, the ABCC supported the position of the employer. The CFMEU said that the bias of the ABCC is obvious to all while in the meantime, every day, unsafe sites result in fatalities and injuries and employers failing to meet their obligations in relation to underpayment of wages and conditions. They said that it was through strong unions that workers achieve safer work places and employer compliance. As you are aware the building unions have embarked on a national campaign to have the ABCC and the draconian laws immediately repealed. As part of this campaign we have a petition and are we are trying to get as many signatures as we can and requested the support of Unions NSW and affiliates to distribute the petition to their members. They asked that signed petitions be returned to Unions NSW.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW condemn the Australian Building & Construction Commission (ABCC) for their one sided attacks on the rights of workers in the building industry.
Further, we again call on the Rudd Labor Government to abolish the ABCC immediately."
Com. R. Mallia seconded the resolution.
CARRIED
2. Australian Manufacturing Workers' Union, NSW Branch: - advising Unions NSW that the AMWU and a number of other unions have been working with the International Metalworkers Federation (IMF), supported by other Global Union Federations and the International Trade Union Confederation (ITUC) towards national legislation that would end the second class status of casual and contract workers throughout the world. Specifically, the campaign is towards:
• Changing industrial relations legislation to remove limits on prohibited content in Agreements that prevent proper regulation of the conditions of employment for casual and contract workers.
• Control over the process of contracting out and regulation of the wages and conditions of casual and contract workers through Principle Employer Collective Union Agreements.
• Equal pay for equal work through Collective Agreement covering all workers.
• Better industrial legislation that limits casual and contract work to genuine short term work requirements and preventing sham contracting for purposes of tax avoidance and evasion of labour regulations
• Focus on problems of gender, health and safety, together with genuine vocational education and training for those engaged in precarious employment.
• Rights for casual and contract workers to access trade union organisation and support.
They said the IMF is encouraging all affiliated unions to work with their respective local Trades and Labor Councils and Trades Halls to publicise the problems associated with the increasing level of precarious work in our labour market and to act collectively at a local level to attract media attention to the issues outlined above. The union said that the increasing casualisation of the labour market affects all unions and that almost 30% of the labour market was now in some form of casual or contract employment and that this was the single most pervasive factor affecting the current Australian labour market. They said that every affiliate of Unions NSW deals on a daily basis with the problems associated with workers in precarious employment and that these issues could only be resolved through collective action to ensure the protection of the rights of contract and casual workers. The union said that in light of their current campaign to protect the rights of workers through Federal industrial legislation under the Rudd Government, that the issue of precarious workers be specifically addressed and at the forefront of all campaigning and lobbying on Federal Industrial Relations legislation, such as that scheduled for 23rd and 24th September.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW lobby the Federal Government to improve the rights status and conditions of casual and contract workers in the new Industrial Relations Legislation."
Com. C. Drane seconded the resolution.
CARRIED
3. From the NSW Teachers Federation: - requesting Unions NSW convene a meeting of public sector unions to report on developments in the public sector pay campaign including a report on the fire-fighters and the Public Service Association cases in the Industrial Relations Commission.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW convene a meeting of Public Sector Unions regarding Public Sector Wage Outcomes as requested."
Com. J. Lemaire seconded the resolution.
CARRIED
4. From the Australian Services Union of New South Wales: - regarding the appointment of the new Industrial Relations Minister, Tony Kelly and the continued unacceptable uncertainty surrounding which IR laws apply to employers and employees in the Community Sector. The union said that there have now been many decisions which have confirmed that most community sector and local Government employers were not trading corporations and therefore not covered by the Federal IR laws. They said that uncertainty still reigns in both industries as there were now two sets of wages and conditions - one Federal and one State - which apply in these industries for people doing the same job. The ASU was given an election commitment by the Federal Labor Party in opposition that they would remove this uncertainty, however, it appears they are no closer to resolving the issue. They said that the majority of their members currently operate in the State system and requested the assistance of Unions NSW in ensuring that this is where the whole of their industry remains.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW call on the Rudd Labor Government to immediately end the uncertainty of Community & Local Government Employees by declaring them excluded from the Federal Industrial Relations Jurisdiction in accordance with recent court decisions."
Com. M. Want seconded the resolution.
CARRIED
5. From Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch:- advising Unions NSW of the play about Ben Chifley, one of Australia's best-loved Prime Minister. The play A Local Man by Bob Ellis and Robin McLachlan and stars award-winning actor Tony Barry. The union said that this play had been performed at theatre venues across the country and had received glowing reviews. They said that further performances were coming up at the Randwick Labour Club on the 19th, 20th and 21st September and also at the Bathurst Memorial Theatre Centre on 26th and 27th September. The CFMEU requested the assistance of Unions NSW with the promotion of the play.
Com. J. Robertson moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW distribute information to affiliates regarding performances of "A Local Man."
Com. S. Woodward seconded the resolution.
CARRIED
ANNOUNCEMENT:
1. Meeting of Retired Union Members and Guests
Tom Mann Theatre, 136 Chalmers Street, Surry Hills
"A Rally For An Increased Pension and Protected Superannuation"
Thursday, 18th September 2008 10.30a.m.
COUNCIL ADJOURNED AT 6:30PM
Acting President: ____________________________________
About Unions NSW
