Meeting held : 11 November 2004
Chair of Meeting: The Acting President, Comrade Russ Collison
Location of the meeting : LHMU Auditorium, 187 Thomas Street, Sydney
PRESENT:- M. Lennon (Assistant Secretary), A. Peters, C. Christodoulou, M. Thistlethwaite (Deputy Assistant Secretaries).
The Acting Secretary, Com. M. Lennon moved: -
"That the minutes as circulated be received".
Com. S. Bali seconded.
CARRIED
The Acting Secretary, Com. M. Lennon moved: -
"That the minutes as circulated be adopted".
Com. S. Bali seconded.
CARRIED
CREDENTIALS
From The Public Service Association of NSW appointing: - J. Shaw.
From The Textile Clothing and Footwear Union of Australia appointing: - M. Edwards in place of S. Davies.
From The Australian Workers' Union, Greater NSW Branch appointing: - T. Mitchell in place of M. Wilmore, G. Hillier in place of R. Tripodi and S. Bali in place of D. Renshall.
From The Australian Manufacturing Workers' Union appointing: - S. Murphy in place of M. Cartwright and P. Johnstone in place of R. Fortescue.
The Acting Secretary, Com. M. Lennon moved: -
"That the credentials be received and the delegates welcomed".
Com. B. Johnson seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: - J. Robertson, M. Issanchon, D. Belan, B. Holmes, W. Meany, G. Donnelly, N. Lewocki, V. Herman, J. Togniolini.
QUESTION WITHOUT NOTICE
Com. Geoff Derrick, Secretary of the Finance Sector Union of Australia asked the Acting Secretary if he knew that the workplace surveillance legislation had be removed from the Government's legislative agenda for to his session?
The Acting Secretary, Com. M. Lennon, said he was disappointed if this was the case and that he would make representations to ensure it is brought on this session.
GUEST SPEAKER
The Acting President, Com. R. Collison, introduced and welcomed Ms Gilda Chacon Bravo, International Officer of the Cuban National Union Centre (Central De Trabajodores De Cuba (CTC)) and invited her to address delegates.
Com. Chacon Bravo said the Cuban National Union had 19 affiliates with 98% of workers were members of those unions. She said 2.7% Cubans were unemployed and the CTC wanted to reduce this further despite being considered at official full employment.
Com. Chacon Bravo said the Unions were seeking to improve economic efficiency to increase the standard of living for Cubans. She said they had good social wage provisions, health and education. Com. Chacon Bravo said the Unions had established collective bargaining in workplaces.
Com. Chacon Bravo said this was important due to foreign investment and there was an increasing need to maintain and improve living standards.
Com. Chacon Bravo said the US economic blockade of Cuba was not supported by the international community with only 4 nations voting against the lifting of the blockade at the United Nations.
In closing, Com. Chacon Bravo extended greetings and a message of solidarity to delegates from the Cuban union movement.
In thanking Com. Chacon Bravo, the Acting Secretary, Com. M. Lennon congratulated the Cuban Trade Union on their membership levels and provision of social services. He said the blockade should be lifted and that it was outrageous that it was continuing.
EXECUTIVE BUSINESS CORRESPONDENCE: -
1. From the Construction Forestry Mining and Energy Union, Mining and Energy Division: - advising Labor Council of a briefing paper concerning an important test case to be determined in the NSW Industrial Commission in relation to Newcrest Mining Ltd. The Union said in the context of the re-election of the Howard Government, this particular test case, concerning whether or not the State Commission can deal with disputes at Australian Workplace Agreement sites had wide spread ramifications. The Union said the Commission had notified State and Commonwealth Attorney General's concerning the Constitutional issues involved. The Union requested Labor Council's support in involving of the NSW Government in a test case.
Com. M. Lennon moved the Executive Recommendation: -
"That the correspondence be received and Labor Council support the principle that the State Industrial Relations Commission can deal with disputes on sites containing employees on Australian Workplace Agreements. Further, Labor Council liaise with relevant affiliates and the State Industrial Relations Commission regarding representation in the Industrial Relations Commission on this matter".
Com. C. Smith seconded.
CARRIED
2. From the Australian Manufacturing Workers' Union, Vehicle Division: - advising Labor Council of a dispute with Patricks Autocare regarding unsuccessful enterprise bargaining agreement negotiations. The Union said they had been attempting to negotiate a new enterprise bargaining agreement affecting sites in four states since February this year. The Union said the company had failed to negotiate in good faith and imposed impossible conditions in the proposed agreement. In response to the unanimous rejection by their members of the company's unconscionable position, the Union said management had written to the Union advising that they would take action to lock out their members from their workplace. The Union said their members would not be intimidated by Patricks and have established a peaceful community protest outside the Patricks Autocare site in Stennerd Rd, Ingleburn. The Union requested Labor Council's endorsement of the dispute with Patricks and to advise affiliates that their moral support for their members was most welcome.
Com. M. Lennon moved the Executive Recommendation: -
"That the correspondence be received and Labor Council support the AMWU Vehicle Division in their campaign to achieve a decent enterprise bargaining agreement outcome at Patricks Autocare. Further, that affiliates be informed of the peaceful protest outside the Patricks Ingleburn site".
Com. S. Johnson seconded and spoke to the resolution.
CARRIED
3. From the Construction Forestry Mining and Energy Union, Construction and General Division: - advising Labor Council that they had arranged for a portable shed to be placed outside the entrance to the James Hardie Manufacturing plant at Colquhoun Road, Rosehill in western Sydney. The Union said this action was in response to James Hardie failing to agree to unconditional compensation to their asbestos victims. The Union requested affiliates provide activists for the vigil which would commence from Friday 12th November from 8.00 am to 4.00 pm. The Union said the vigil had been endorsed by the asbestos victims who would be assisting until agreement has been reached in respect of compensation. Further, the Union requested Labor Council's endorsement for the vigil.
Com. M. Lennon moved the Executive Recommendation: -
"That the correspondence be received and Labor Council support the peaceful protest outside the James Hardie plant in Rosehill and advise affiliates accordingly".
Com. A. Ferguson seconded and spoke to the resolution.
CARRIED
4. From the Australian Manufacturing Workers' Union: - advising Labor Council that workers employed at Macquarie Generation's Liddell and Bayswater power stations were engaged in essential shutdown maintenance work and during this time there had been ongoing discussions with Macquarie Generation relating to their failure to provide adequate and safe working conditions for workers as they are required to do under the Occupational Health and Safety Act 2000 and Occupational Health and Safety Act Regulations 2001. The Union said their members had met with management of Bayswater and Liddell Power Stations to advised them that asbestos was present at both power stations and that there were a number of examples where this asbestos was not included on asbestos registers. The Union said Macquarie Generation had abjectly failed in each of these legal requirements and in doing so had caused a number of workers to be exposed to the devastating diseases associated with asbestos poisoning. The Union said their members had asked for an asbestos audit of both power stations before they returned to work, but made it very clear that at all times they were available for alternative suitable duties. The Union said it had been almost one month since the exposure of asbestos at Liddell power station and there had still been no asbestos audit completed. The Union said their members were refusing to work in areas that were likely to cause them to be exposed to asbestos. The Union requested Labor Council to endorse the occupational health and safety dispute with Macquarie Generation at Liddell and Bayswater Power Stations and to support the Union's call for independent audits of asbestos registers at all NSW power stations. Further, the Union requested Labor Council to support the call for an independent audit of safety management systems throughout Macquarie Generation.
Com. M. Lennon moved the Executive Recommendation: -
"That the correspondence be received and Labor Council condemn Macquarie Generation for their failure to provide a safe system of work for employees working in areas containing asbestos. Further, Labor Council supports the AMWU in their campaign over this issue and back the call for an asbestos audit of all NSW power stations and an independent audit of Macquarie Generation's safety systems".
Com. T. Aryes seconded and spoke to the resolution.
CARRIED
5. From the Australian Workers' Union, NSW Branch: - advising Labor Council of the certification of the Caltex Clean Fuels (Kurnell Refinery) Project Agreement 2004 by the Industrial Relations Commission of New South Wales on Friday 29th October 2004. The Union said they wished to place on record the excellent work performed on behalf of all Unions by Deputy Assistant Secretary, Chris Christodoulou, in the difficult and lengthy negotiations with Caltex, to complete this agreement. The Union said many features of the agreement including increasing apprentices, strict use of supplementary labour, agreement on immigration compliance and improved site allowance building on the 35-hour week and other oil industry standards, make it a quality instrument.
Com. M. Lennon moved the Executive Recommendation: -
"That the correspondence be received and Caltex unions be congratulated on the successful outcome with their project agreement at Caltex and that the thanks of the unions' be forwarded to Labor Council officer, Com. Chris Christodoulou".
Com. V. Falconer seconded.
CARRIED
6. From the Construction Forestry Mining and Energy Union, Construction and General Division: - advising Labor Council that the Long Service Payments Corporation had put forward a number of recommendations for amendments to the Building & Construction Industry Long Service Payments Act 1986. The Union said the Industry Committee had fundamentally agreed on eighteen of the twenty proposed amendments, however, agreement had not been reached on two major issues -definition of a working day and pay rates to be used for calculating long service payments. The Union said the Corporation would be taking all of the proposals to the Minister with the Committee's recommendations and advising that consensus was not reached on two of the twenty amendments. The Union said the two issues were very important to the building and construction unions and if passed would have a major impact on long service payments to respective members. The Union said Ministerial representations were now required on these two issues. The Union requested Labor Council to convene a meeting of relevant unions to allow effected parties to decide a position for Labor Council to lobby the Minister in support of a collective trade union position.
Com. M. Lennon moved the Executive Recommendation: -
"That the correspondence be received and a meeting of relevant unions regarding changes to the Building Industries Long Service Leave Payments Act be convened, as requested".
Com. A. Ferguson seconded.
CARRIED
7. From the Australian Manufacturing Workers' Union: - advising Labor Council that Minister Della Bosca intends to introduce the Occupational Health and Safety Amendment (Workplace Fatalities) Bill into the Parliament next Tuesday 16th November 2004. The Union said they did not believe that death or injury was an acceptable risk that any worker should have to take in exchange for wages to support themselves and their family. The Union said it was on that basis that they and other unions had been campaigning for the introduction of Industrial Manslaughter legislation. While they welcomed the Minister's proposed Workplace Fatalities Bill as an improvement on the current legislation, the Union said they believed that the penalties that were proposed were inadequate. Under the proposed legislation, the Union said an employer or company director, who is responsible for the death of a worker, faced a maximum gaol term of 2 years or a maximum fine of $110,000 and an employer who kills a second time faces a maximum fine of $165,000 or a maximum 5 years gaol sentence. The Union said the proposed legislation would mean that an employer would face a lower penalty for killing their employees than depriving shareholders of dividends through a breach of the Corporations Laws. The Union said an issue defined in the GPSC Inquiry was that of identification and aggregation of responsibility for workplace deaths. The Union said neither of these issues were addressed in the proposed legislation. The Union said that while they welcome the heavier fines and sentences these were not targeted at the people who were in most instances responsible for occupational health and safety decisions. The Union said if we were serious about reducing workplace deaths, those who were responsible for the death of a worker must be held accountable. The Union said they believed that there should be an ongoing campaign to seek improvements to the impending legislation with regard to ensuring that those who have ultimate responsibility for workplace safety were held to account and that gaol sentences act as a real deterrent and reflect similar penal terms that exist for deaths by gross negligence and reckless behaviour outside of the workplace.
Com. M. Lennon moved the Executive Recommendation: -
"That the correspondence be received and Labor Council continue to campaign for legislation with effective sanctions against those responsible for workplace deaths".
Com. P. Bastian seconded.
CARRIED
REPORTS
1. Rail Dispute
The Acting Secretary, Com. M. Lennon, reported on the rail dispute. He congratulated the rail unions on working together over the last six to eight months.
Com. Lennon said media reports regarding the dispute had incited the public in harassing Railcorp staff.
The Acting Secretary, Com. M. Lennon moved: -
"That the report be received".
Com. P. Bastian seconded and spoke to the resolution.
CARRIED
The Acting Secretary, Com. M. Lennon moved: -
"That the report be adopted".
Com. B. Johnson seconded.
CARRIED
ANNOUNCEMENTS
1. Healthy Lifestyle Calendar
The Acting Secretary, Com M. Lennon, announced that Labor Council had developed a Healthy Lifestyle Calendar in conjunction with the Cancer Council and the Heart Foundation. He said the calendar was lunched at the Safety Delegates Conference held a fortnight ago and if affiliates would like a calendar they should contact Com. Mary Yaager.
2. Last Labor Council Meeting for 2004
The Acting Secretary, Com M. Lennon, announced that Thursday, 2nd December 2004 would be the last Labor Council meeting for the year. He said Labor Council would reconvene on Thursday, 3rd February 2005 with the Annual General Meeting being held on Thursday, 10th February 2005.
COUNCIL ADJOURNED AT 6:45 PM
About Unions NSW
