Meeting held : 24 July 1997
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 24TH JULY, 1997 IN THE
TRADES HALL AUDITORIUM
AT CORNER GOULBURN AND SUSSEX STREETS, SYDNEY, AT 6.05 P.M.
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. C. Hodges seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be adopted."
Com. V. Herman seconded.
CARRIED
CREDENTIALS:-
From The Textile, Clothing and Footwear Union of Australia - appointing
T. Woolgar in place of J. Owen.
Moved and seconded:-
"That the credentials be received
and the delegates welcomed."
APOLOGIES:-
Apologies were received and accepted from: B. Plain, B. Schmidt, M.
Ellory.
EXECUTIVE BUSINESS
CORRESPONDENCE:-
1. From the Australian Services Union, New South Wales Clerical and
Administrative Branch - referring to Federal Industrial Relations Minister
Peter Reith's plans for a second wave of industrial relations reform, and
the possibility of tax breaks for small businesses which hire the long
term unemployed. It requested Labor Council correspond with the Minister,
firstly for more information on proposals for the second wave of industrial
reform and secondly for Labor Council to advise the Minister of its policy
with regard to payroll tax. It called on Council to demand consultation,
and action in conjunction with the State Government, to eliminate payroll
tax, in the first instance for those who employ the longer term unemployed
in the jobs that provide access to accredited training and opportunity
to improve their status and contribution to society and, secondly, for
Governments to eliminate payroll altogether, which is a tax on jobs.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council correspond
with the Minister in respect to the two matters raised by the Union."
Com. M. Want seconded and spoke to the resolution.
CARRIED
2. From the Textile, Clothing and Footwear Union of Australia
- concerning the recommendation made in the Industry Commission report
to the Federal Government, that tariffs be reduced to 5% by the year 2008,
and advising that the jobs of its New South Wales members were under threat
because there would be a wholesale closure of textile clothing and footwear
factories and over 30,000 jobs could be lost in this State. The manufacturers
would not wait for the year 2008 to move their production off shore to
China, Malaysia, Indonesia and other low cost countries, but would start
moving as soon as the decision was made so that by the year 2000 there
would be no TCF products manufactured in this country. It requested Labor
Council write to the Prime Minister expressing its concerns for the future
of the TCF industries and demand that a program of assistance, and an Industry
Policy that would create jobs for the industry be implemented.
And from the United Trades and Labor Council of South Australia
- providing for Council's information a copy of correspondence sent to
the Prime Minister, the Hon. John Howard, MP, on jobs and tariffs in its
textile, clothing and footwear industry. It supported Council's opposition
to tariff reductions and submissions to the Industry Commission on the
vital issues involved. It advised that it was willing to work with the
Labor Council in lobbying the Howard Government and requested to be included
in any public campaigning and delegations that were organised.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council make
representations to the Australian Government in respect to ensuring the
long term future of an Australian textile, clothing and footwear industry.
Council welcomes the support and involvement of the United Trades and Labor
Council of South Australia."
Com. K. Boyd seconded and spoke to the resolution.
CARRIED
3. From the New South Wales Nurses' Association - thanking Council
for its support during the Association's campaign to "keep the
nursing in nursing homes". The Association had not
achieved all it had hoped when the Aged Care Bill was debated and it remained
concerned for the future of aged care in Australia. The Association had
very real fears that the changes to aged care would lead to a reduction
in the quality of nursing home care and in the availability of qualified
staff to provide the care. However, it would be working hard to minimise
the effects of the changes on people needing nursing home care and on the
nursing profession's ability to provide that care. The Association advised
it had collected 27,670 signatures from its petition.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the Association be
congratulated on its campaign to date."
Com. S. Moait seconded.
CARRIED
4. From the Australian, Liquor, Hospitality and Miscellaneous Workers'
Union, Miscellaneous Workers' Division - advising that it had recently
submitted a new enterprise award, covering employees at Tip Top Bakeries
in NSW, to the State Commission for ratification, and Commissioner McKenna
had drawn attention to an issue in relation to Clause 22 of the Award concerning
the employers right to recover money from employees wages in respect to
shortages of stock and/or money. The Commission was of the view that Clause
22 offended S.118 which requires employees to be paid in full subject to
certain deductions that are authorised by S.118(2). As a result the Commissioner
had referred two questions to the Full Bench of the Commission:
1. Is cl.22 of the Miscellaneous Workers' and Tip Top Bakeries (NSW)
Enterprise Award or any part of that clause, inconsistent with S.118 of
the Industrial Relations Act 1996 (NSW) ?
2. Are clauses of the type contained in cl.22 of the Miscellaneous Workers'
and Tip Top Bakeries (NSW) Enterprise Award inconsistent with S.118 of
the Industrial Relations Act 1996 (NSW) ?
The Union advised that the construction of S.118, favoured by the Commission,
had wide ranging implications and should be the subject of full consideration
by Labor Council and all affiliates before the matter proceeds further.
It therefore requested a meeting be convened of affiliates to determine
a collective response.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and referred to a meeting
of affiliates and Labor Council intervene in the Full Bench reference proceedings."
Com. G. Childs seconded.
CARRIED
5. From the New South Wales Teachers' Federation - concerning
a dispute with the Director General of School Education. The dispute concerned
sample reports distributed by the Department of School Education and the
Basic Skills Test, in particular the linking of these two issues which
compares the results of the tests with the performance of particular groups
of students or particular schools or particular types of schools. The sample
reports could lead to an individual child's results being publicly displayed,
or cause the comparison of a particular school, or of a particular type
of school, with a state average. The Federation had agreed in its current
salaries award "in principle, to introduce the processes of annual
school self-evaluation, annual school reports and school reviews in 1997
and agreed to negotiate on matters of implementation". It had repeatedly
made proposals to the Director General, and to the Industrial Relations
Commission, which were designed to seek a negotiated settlement. It sought
Council's support in achieving a resolution to the dispute.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council supports
the Federation's campaign for a negotiated resolution of the present dispute
and a meeting between the Premier and the Federation be sought as a matter
of urgency."
Com. B. Sexton seconded and spoke to the resolution.
CARRIED
6. From the Textile, Clothing and Footwear Union of Australia
- advising Council of a dispute with Riverina Wool Combing Pty Limited
in Byrnes Road, Wagga Wagga. The dispute had arisen due to a breakdown
in negotiations for an Enterprise Agreement. Pickets had been at the site
and the Union requested Council's endorsement of the picket and the assistance
of all affiliates. It advised that the AWU and AMWU were also party to
the negotiations.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the dispute be endorsed
and the picket be officially recognised in accordance with Labor Council's
policy."
Com. K. Boyd seconded.
CARRIED
7. From the New South Wales Department of Industrial Relations
- concerning aspects of the NSW Essential Services Act 1988, in particular
the Act's provisions not being in compliance with ILO Convention No. 87
[Freedom of Association and Protection of the Right to Organise, 1948],
which had been raised by the ILO Committee of Experts. The Committee queried
whether some of the enumerated services (i.e. the public transportation
of persons or freight; the production, supply or distribution of pharmaceutical
products; and conduct of a welfare institution) fitted within its definition
of essential services. The Committee also considered that strike action
should be able to be limited or prohibited only where an interruption to
the services involved would endanger the life, personal safety or health
of the whole or part of the population. The Committee asked that these
provisions be deleted from the Act. In light of the concerns raised, the
Hon. Jeff Shaw, QC MLC, Attorney General and Minister for Industrial Relations,
requested that Council's views be sought.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council seek
the advice of affiliates prior to responding to the Government on this
matter."
Com. N. Lewocki seconded.
CARRIED
8. From the New South Wales Department of Industrial Relations
- forwarding for Council's consideration a copy of a proposed Regulation,
entitled "Hairdressing Regulation 1997" and accompanying Regulatory
Impact Statement, which is designed to satisfy relevant provisions of Part
6 of the Factories, Shops and Industries Act 1962. The Department sought
Council's written comments concerning the proposed Regulation.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council seek
advice from the AWU on the proposed regulation."
Com. R. Collison seconded.
CARRIED
9. From the New South Wales Nurses' Association - advising it
had recently received a letter from a member requesting the Association
write to the Labor Council concerning a proposal by Integral Energy to
substantially increase the high voltage power lines passing through residential
properties in Kiama. The hazards are very real, particularly since there
have been accidents in the past involving falling power lines and power
poles. Residents had apparently not been consulted and there was concern
that previous accidents involving the lines may not have been taken into
account and that the correct process, as required by the Environmental
Planning and Assessment Act, may not have been adhered to. The Association
would appreciate any action Council could take on behalf of its member.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council take
up this matter with the appropriate authorities."
Com. S. Moait seconded.
CARRIED
REPORT:-
1. RETURNING OFFICER'S REPORT
The Returning Officer reported to Council that, at the close of the
ballot at 4.00 p.m. on Friday 11th July, 1997, for the election of two
delegates from Regional Labor Councils to attend the 1997 ACTU Congress,
seven Regional Labor Councils out of nine eligible to vote had returned
ballot papers.
The ballot count resulted in T. Carter representing Tamworth and District
Trades and Labor Council and A. Faraday representing Goulburn District
Trades and Labor Council being elected.
There was only one nomination for Alternate Delegate to Congress, that
being M. Lawler of the Tamworth and District Trades and Labor Council.
The Secretary, Com. P. Sams, moved:-
"That the report be received."
Com. V. Higgins seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the report be adopted."
Com. B. Jardine seconded.
CARRIED
ANNOUNCEMENT:-
The Secretary, Com. P. Sams, advised that as was expected the State
Wage Case had concluded on Tuesday of this week at which time Labor Council
had responded to the employers and the NSW Government, and had introduced
some new evidence on the link between participation rates and unemployment.
The Commission had granted leave to the employers to respond to the new
evidence within 5 days and it was hoped that the decision from the Commission
would be shortly thereafter. The Secretary said he was also reasonably
pleased with the submission of the NSW Government which, while not supporting
or opposing Labor Councils application for a higher safety net adjustment,
had put submissions indicating the better performance of the NSW economy
than the other states and the national average. This had been consistent
with Labor Council's submission in support of a higher increase.
COUNCIL ADJOURNED AT 6.45 P.M.
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