Meeting held : 29 May 1997
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 29TH MAY, 1997 IN THE
TRADES HALL AUDITORIUM
AT CORNER GOULBURN AND SUSSEX STREETS, SYDNEY, AT 6.05 P.M.
The President, Com. J. Whelan, occupied the Chair.
PRESENT:- P. Sams (Secretary), M. Costa (Assistant Secretary)
M. Lennon (Executive Officer).
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be received."
Com. J. O'Brien seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be adopted."
Com. G. Donnelly seconded.
CARRIED
CREDENTIALS:-
For the ensuing year:
From The CEPU, Telecommunications and Services Branch - appointing I.
McCarthy, G. Kennedy, A. Jansen, K. Cotis, G. Robins, M. Bronnlow.
For tonight's meeting:
From The CEPU, Telecommunications and Services Branch - appointing A.
Jansen, K. Cotis in place of D. Harris, D. de Chavez.
Moved and seconded:-
"That the credentials be received
and the delegates welcomed."
APOLOGIES:-
Apologies were received and accepted from: P. Ryan, L. Poleson, G. Derrick,
R. Hesse, M. Ellery, J. Merchant, K. Boyd, B. Schmidt, J. McCarthy.
GUEST SPEAKERS:-
The President, Com. J. Whelan, welcomed and introduced Norah McGuire
of the Combined Pensioners and Superannuants Association of NSW and invited
her to address Council.
Com. McGuire spoke on the campaign against the Federal Government's
Aged Care Bill which she said would create a two tiered system of nursing
home care where the least able to afford it would be denied quality nursing
home care.
Com. McGuire urged affiliates to lobby members of the Senate to have
the legislation amended.
The President, Com. J. Whelan, welcomed and introduced Kavkini Navuso,
President of the Fiji Mine Workers Union, and invited him to address Council.
Com. Navuso spoke on the organised struggle of Fiji mine workers in
a strike at the Emperor Goldmine which had commenced in 1991. He said that
despite a Commission of Inquiry largely upholding the Union's concerns,
the Government of Fiji had not acted to adopt the Inquiry's recommendation.
This meant the struggle of the Fiji mine workers would continue and international
support would continue to be necessary.
In thanking Com. McGuire, the Secretary said that one of the great achievements
of the former Federal Labour Government was to provide fair and equitable
nursing home funding and that the liberals wanted to turn back the clock
to a two tier system. As there were unions with many retired member organisations
it was important to focus on this social inequality and Com. Sams commended
the Nurses' Association who had recently launched a "Keep The Nursing
In Nursing Homes" campaign.
Com. Sams also thanked Com. Navuso for his attendance and address to
Labor Council this evening and said that it was almost beyond comprehension
that a strike could continue for six and a half years and, despite a favourable
judicial inquiry, had still not been resolved. He pledged the support of
the Labor Council to the Fiji mine workers and hoped a resolution would
shortly emerge.
Com. B. Singh seconded
CARRIED
BY ACCLAMATION
EXECUTIVE BUSINESS
CORRESPONDENCE:-
1. From the Australian Workers' Union, Newcastle, Central Coast and
Northern Regions Branch - advising that it had made application to
the NSW Industrial Relations Commission to have the same level of redundancy
benefits paid to contractors as direct employees of BHP as the closure
of the steelmaking facilities in Newcastle would affect not only 2500 employees
but also a considerable number of contractors. The Union advised that BHP
had flagged that it would oppose the application and also argue jurisdiction
as some contractors were covered under a federal award. As much pressure
as possible should be exerted on BHP and the Union requested that Labor
Council intervene in the proceedings and endorse the Union's actions. It
also encouraged intervention from other unions covering contractors such
as the ETU, LHMWU, TWU and SDA and that a meeting of affected unions be
called to discuss the matter.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council intervene
in the proceedings before Justice Hill and that a meeting of contractor
unions be convened as requested."
Com. G. Livermore seconded.
CARRIED
2. From the NSW Department of Training and Education Co-ordination
- advising it had been invited by the Commonwealth Minister for Schools,
Vocational Education and Training to act as an Approving Authority in relation
to Part vi (e) of the Workplace Relations Act, 1996. In discussion
with the Commonwealth it was agreed that in the first instance State Training
Authorities be invited to act as approving authorities. The Minister for
Education, the Hon. John Acquilina, MP, was currently considering the NSW
response and was interested in gaining the views of the Labor Council on
the approval authority role.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council consult
with relevant affiliates on this matter and advise the Minister accordingly."
Com. J. Hennessy seconded.
CARRIED
3. From the WorkCover Authority of NSW - responding on behalf
of the Attorney General and Minister for Industrial Relations, the Hon.
Jeff Shaw, QC MLC, to Council's letter concerning the regulation of amusement
devices. Following a tragic accident at Rylstone in early February 1997,
the Minister announced there would be a review of the administration of
amusement devices and this was currently underway. As required by relevant
legislation, should any changes to the regulations appear to be required
following the review there would be consultations on the appropriate changes
with those affected - the public and, particularly, industry representatives
such as the Labor Council, the Showmen's Guild and the Media, Entertainment
and Arts Alliance.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and noted and a copy be
forwarded to the Media, Entertainment and Arts Alliance."
Com. L. Darnley seconded.
CARRIED
4. From the National Union of Workers, New South Wales Branch
- advising Labor Council that it was currently engaged in two disputes
which required an urgent meeting of the Labor Council's Disputes Committee.
The two disputes involved a flour mill operated by Defiance Foods Pty Limited
at Homebush and Festival Records at Pyrmont. Members at the flour mill
had been engaging in protected. Also, 34 members employed at Festival Records,
and having up to 30 years service, had been given forced redundancies and
yet were only receiving a maximum of 20 weeks severance pay. The Union
requested Labor Council call a meeting of the Disputes Committee as a matter
of urgency to discuss these two matters.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the pickets of the
NUW be endorsed and a Disputes Committee be convened to consider the two
issues."
Com. A. Casey seconded.
CARRIED
5. From the Premier of New South Wales, the Hon. Bob Carr, MP
- thanking Council for its recent letter concerning Commonwealth Government
unfair dismissal provisions, which would have introduced regulations exempting
businesses with 15 or fewer employees from the federal unfair dismissal
provisions in respect of new employees, unless they have been continuously
employed for 12 months. The Premier advised that, following the Prime Minister's
request for NSW to adopt a similar exclusion, he had informed the Prime
Minister that the NSW Government was not convinced that adopting the Commonwealth
proposals would be in the best interests of the NSW community.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council welcomes
the NSW Government's rejection of the Commonwealth's approach for complimentary
legislation on unfair dismissals and a copy be forwarded to all affiliates
for information."
Com. D. Reiss seconded.
CARRIED
6. From the Australian Republican Movement - inviting Council
to submit names of people who might be potential candidates for its NSW
Ticket or Tickets. It advised that the process was still unclear because
of the potential for amendments to the Bill in the Senate, however, it
was attempting to finalise a draft list within the next week.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council liase
with the ALP as to an appropriate response to the ARM's request."
Com. J. Murphy seconded.
CARRIED
7. From the Textile, Clothing and Footwear Union of Australia
- concerning its campaign against retailers and manufacturers to ensure
outworkers making garments are not exploited, and advising that the Premier,
the Hon. Bob Carr, MP, had recently launched a Code of Practice designed
to ensure that all T.C.F. products produced for the Government were not
made by exploited labour. As the Olympics in 2000 would create a great
deal of business for clothing manufacturers, of both clothing for the Olympic
team and merchandise, it would be appropriate to have SOCOG adopting the
Code of Practice and ensuring that all companies doing business for the
Olympics carry the "Free of Exploited Labor" label. The Union
requested Labor Council to arrange a meeting with the Minister for the
Olympics, the Hon. Michael Knight, MP, to discuss this proposal.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council seek
a meeting with the Minister for Olympics on this matter."
Com. B. Tuber seconded and spoke to the resolution.
CARRIED
REPORT:-
1. ENERGY PRIVATISATION
The Secretary, Com. P. Sams, reported on the Treasurer's release of
a discussion paper on the privatisation of the NSW power industry which
had shocked and dismayed the union movement. He said that a meeting of
power unions had adopted the following resolution:
"That the Power Industry Unions affiliated to the Labor Council
are opposed to the privatisation of the New South Wales power industry.
The Labor Council and Unions are extremely disappointed that the
undertakings given by the Government in 1995, not to privatise the power
industry, are now in jeopardy and call on the Premier and Minister for
Energy to honour those commitments given to the union and power industry
workers.
To this end the Unions call on the Government to make no decision
on the privatisation of the power industry until there has been a full
debate.
Regional forums should be called across the state to allow as
wide an input as possible.
Any decision by the ALP on privatisation within the power industry
should be made at State Conference.
For our part unions will be vigorous participants in the privatisation
debated by conducting a campaign of social, industrial and political action."
He said that, despite our opposition to the privatisation, the union
movement was always mature enough to be able to vigorously participate
in the debate which he said would, no doubt, be vigorous and would involve
all sections of the labour movement.
In supplementing the report. Executive Officer, Mark Lennon, reported
on tonight's meeting with the Premier at which the Premier had advised
of a government inquiry headed by Bob Hogg. He requested trade union membership
on the inquiry and input more widely from the labour movement.
The Secretary, Com. P. Sams, moved:-
"That the report be received."
Com. B. Riordan seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the report be adopted."
Com. A. Peters seconded.
CARRIED
COUNCIL ADJOURNED AT 6.40 P.M.