Meeting held : 25 September 1997
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 25TH 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. B. Jardine seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be adopted."
Com. V. Herman seconded.
CARRIED
CREDENTIALS:-
For tonight's meeting:
From The Australian Services Union, New South Wales Clerical and Administrative
Branch - appointing F. Hancock.
From The Construction, Forestry, Mining and Energy Union, Construction and
General Division, New South Wales Divisional Branch - appointing W. Charnock in
place of P. McClelland.
From The Textile, Clothing and Footwear Union of Australia - appointing T.
Woolgar, K. Price in place of J. Owen, J. Isaacs.
Moved and seconded:-
"That the credentials be received
and the delegates welcomed."
APOLOGIES:-
Apologies were received and accepted from: M. Costa, L. Darnley,
S. Moait, B. Jardine,
M. Hryce, J. Bennett, B. Wooldridge, G. Donnelly, P. Ryan, G. McLean, M.
Ellery,
J. Merchant.
EXECUTIVE BUSINESS
CORRESPONDENCE:-
1. From the Electrical Trades Union of Australia, New South Wales Branch
- concerning officers of the Employment Advocate visiting workplaces in New
South Wales, and in particular a visit to Sunbeam claiming that certain wording
in the Sunbeam agreement contravened the Workplace Relations Act 1996. This was
despite the fact that the agreement had been certified by the Australian
Industrial Relations Commission. The Union requested Labor Council convene a
meeting of affiliates to develop a strategy to counter this unwarranted
interference.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the request of the Union be agreed
to ."
Com. B. Schmidt seconded.
CARRIED
2. From the Attorney General and Minister for Industrial Relations, the Hon.
Jeff Shaw, QC MLC - concerning the issue of access of injured workers to
medical and other information in connection with disputed workers' compensation
claims. The Minister supported the principle of injured workers having access
to medical and other reports but there were some difficulties without an
amendment to the Act. He provided details of a proposal for an interim
regulation pending legislative change. Labor Council would be consulted over
the drafting of the regulation and the Minister requested Labor Council's
urgent response to the proposal.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the course of action proposed by
the Minister be accepted with the anticipation of an amendment to the Act as
soon as possible."
Com. R. Pearsall seconded.
CARRIED
3. From the Attorney General and Minister for Industrial Relations, the Hon.
the Shaw, QC MLC - providing Council with a copy of the final report of
Richard Grellman's "Inquiry into Workers Compensation System in New South
Wales". The Minister advised that the report's recommendations were far
reaching and would require wide consultation within the union movement and
amongst stakeholders. A key recommendation of the Inquiry is the establishment
of the NSW Workers' Compensation Advisory Council and the Minister requested
Labor Council begin the process of nominations to the Advisory Council.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council nominate Ian West,
Sam Moait, Andrew Ferguson and Peter Sams to the Workers' Compensation Advisory
Council."
Com. K. Boyd seconded.
CARRIED
4. From the Construction, Forestry, Mining and Energy Union, New South Wales
Energy Division - requesting Labor Council support its petition to the
Premier opposing the plans to sell all, or part, of the NSW electricity
industry.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council support the petition
to the Premier and encourage all affiliates to sign the petition."
Com. A. Ferguson seconded.
Com. C. Harris moved the following amendment:-
"That the ETU petition be incorporated with the CFMEU petition and
presented to the Premier under the Labor Council banner."
Com. M. Want seconded.
The amendment was accepted.
MOTION CARRIED
REPORT:-
1. UPDATE ON ESSENTIAL SERVICES ACT
The Secretary, Com. P. Sams, referred to correspondence from the
Department of Industrial Relations concerning the continued operation of the
Essential Services Act and its non-compliance with the ILO Conventions. Labor
Council had been asked its views on the legislation and a number of affiliates
had responded in identical terms.
That is, our preference is for a full repeal of the legislation but if this is
not achievable, due to opposition from the Legislative Council, then at the
very least the Act should be forced to comply with the ILO Conventions as to
identifying what is an essential service.
This view is being conveyed to the Department and Labor Council awaits a
response.
The Secretary, Com. P. Sams, moved:-
"That the report be received."
Com. B. Hawkins seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the report be adopted and the actions of the Secretary be
endorsed."
Com. R. Pearsall seconded.
CARRIED
COUNCIL ADJOURNED AT 6.30 P.M.