Meeting held : 11 September 1997
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 11TH SEPTEMBER, 1997 IN THE
TRADES HALL AUDITORIUM
AT CORNER GOULBURN AND SUSSEX STREETS, SYDNEY, AT 6.05 P.M.
PRESENT:- P. Sams (Secretary), M. Lennon (Executive Officer).
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be received."
Com. J. Merchant seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be adopted."
Com. H. White seconded.
CARRIED
CREDENTIALS:-
From The Australian Services Union, New South Wales Clerical and Administrative
Branch - appointing D. Margerison.
From The New South Wales Nurses' Association - appointing K. Davis in place of
K. Kiejda.
From The Public Service Association of New South Wales - appointing F. Collins
in place of B. Jardine.
From The Textile, Clothing and Footwear Union of Australia - appointing L.
Farrelly, D. Tritton, S. Davies in place of J. Isaacs, J. Owen, B. Jenson.
Moved and seconded:-
"That the credentials be received
and the delegates welcomed."
APOLOGIES:-
Apologies were received and accepted from: M. Costa, B. Jardine,
M. Hryce, F. Belan, J. Templeman, M. Want, W. Arkey, G. Sargeant.
GUEST SPEAKER:-
The President, Com. J. Whelan welcomed and introduced Ron Powell
of the United Food and Commercial Workers International Union (UFCW) visiting
from the United States and invited him to address Council.
Com. Powell brought fraternal greetings from the United States Union Movement
and introduced members of the delegation from the United Food and Commercial
Workers International Union.
Com. Sams thanked Com. Powell and the delegation for their attendance at Labor
Council and hoped they had an enjoyable and informative stay.
Com. G. Donnelly seconded.
CARRIED BY
ACCLAMATION
EXECUTIVE BUSINESS
CORRESPONDENCE:-
1. From the Attorney General and Minister for Industrial
Relations, the Hon. Jeff Shaw, QC MLC - concerning the proposals from the
Shop, Distributive and Allied Employees' Association, NSW Branch, for
amendments to the Annual Holidays Act 1944 and the Long Service Leave Act 1955.
The Government was currently considering the reform and modernisation of both
Acts and the Union's proposals would be taken into consideration.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and noted and a copy forwarded to the
SDA."
Com. C. Haigh seconded.
CARRIED
2. From the Minister for Workplace Relations and Small Business, the Hon.
Peter Reith, MP - concerning further industrial relations reform and
providing for Council's information a copy of a Bill to exempt small businesses
from unfair dismissal provisions. The Minister requested Council provide
details concerning their proposals for tax reform, in particular estimates on
the number of jobs that may be created by the abolition of payroll tax, the
impact on exports and the regressive aspects of the tax.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and a copy forwarded to the ASU who
raised both matters with Council."
Com. J. Bennett seconded.
CARRIED
3. From the Construction, Forestry, Mining and Energy Union,
Construction and General Division, New South Wales Divisional Branch -
concerning a recent fraudulent claim made against WorkCover by a worker which
resulted in the offender being sent to gaol. This penalty was part of
WorkCover's new "get tough" approach. The Union was concerned that, although
fraudulent claims placed a burden on the system and must be clamped down on,
this case was one of relatively minor fraud with a gaol penalty and yet
employers defrauding the system for hundreds of thousands of dollars, through
under declaration, and employers who cause the death of workers through
inadequate safety are not dealt with as harshly. The Union requested that its
concerns be conveyed to the Minister and the new General Manager of
WorkCover.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council convey our concerns
to the Minister as requested ."
Com. A. Ferguson seconded.
CARRIED
4. From the Treasurer of New South Wales, the Hon. Michael Egan, MLC -
advising that preparations for the 1998-1999 Budget would commence in November
with a view to delivering the Budget to Parliament in May 1998. The Treasurer
invited Labor Council's proposals, via a submission, for consideration to
ensure that any issues or proposals raised would be properly considered and
incorporated if appropriate.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council prepare a submission
for the NSW Budget in consultation with affiliates."
Com. B. Schmidt seconded.
CARRIED
5. From the Attorney General, the Hon. Jeff Shaw QC MLC - advising that
the Labor Council nominated appointments of the Part-time Commissioner of the
Legal Aid Commission of New South Wales, and the alternate, were due to expire
on September 6, 1997, and requesting Labor Council's nominations for
appropriate persons for appointment as Commissioner and alternate.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council consult with
relevant unions as to appropriate nominations for the Part-time Legal Aid
Commissioner and alternate."
Com. A. Peters seconded.
CARRIED
6. From the Australian, Municipal, Administrative, Clerical and Services
Union - concerning negotiations for a Workplace Flexibility Agreement at
the Sydney City Council, under the relevant Enterprise Agreement and Award, and
advising that negotiations had broken down. Council had submitted a draft
Workplace Agreement to the MEU members within the Unit, which was rejected by
the members. A second draft of such an Agreement had now been conveyed to the
Health Surveyors Association for their endorsement. The Union was concerned
that the Council may attempt to split the trade union movement by offering
different agreements to different unions. It requested Labor Council convene a
meeting of affiliates who are party to the Council of the City of Sydney
Salaried Award, believed to be the MEU, ETU, APESMA and the Health and Building
Surveyors Association.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the request of the Union be agreed
to ."
Com. J. Merchant seconded.
CARRIED
7. From the Textile, Clothing and Footwear Union of Australia - advising
that it had had a significant victory over the Howard Government in forcing it
to reject the recommendations of the Productivity Commission and impose a
freeze on Textile, Clothing and Footwear Tariffs from the year 2000 to the year
2005, and thanking Labor Council and its affiliates for their support.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the Union be congratulated on the
success of their campaign and of preserving the jobs in the industry."
Com. K. Boyd seconded and spoke to the resolution.
CARRIED
8. From the Transport Workers' Union of Australia, New South Wales
Branch - advising it was conducting a safety campaign on the waterfront and
at freight rail terminals against the loading of overweight containers onto
trucks, following estimations that at least one in ten containers transported
by road is heavier than the legal limits. These vehicles were an obvious threat
to the safety of its members and the community and the Union sought the support
of Labor Council and affiliates in its safety campaign.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the campaign of the TWU to improve
safety be supported and a meeting of affected unions be convened ."
Com. A. Sheldon seconded and spoke to the resolution.
CARRIED
9. From the Attorney General and Minister for Industrial Relations, the Hon.
Jeff Shaw, QC MLC - responding to Council's letter of July 31, 1997 in
support of the concerns of the Shop, Distributive and Allied Employees'
Association, NSW Branch, relating to the proposed making of a replacement Shops
(Trading Hours) Regulation and providing for Council's information a copy of
the reply which had also been provided to the Union.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and noted ."
Com. M. McTigue seconded.
CARRIED
COUNCIL ADJOURNED AT 6.31 P.M.