Meeting held : 27 November 1997
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
LABOR COUNCIL MEETING MINUTES
MEETING HELD 27TH NOVEMBER, 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. P. Remfrey seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be adopted."
Com. J. O'Brien seconded.
CARRIED
CREDENTIALS:-
For tonight's meeting:
From The Australian Services Union, New South Wales Clerical and Administrative
Branch
From The Police Association of New South Wales
From The Textile, Clothing and Footwear Union of Australia
Moved and seconded:-
"That the credentials be received
and the delegates welcomed."
APOLOGIES:-
Apologies were received and accepted from: S. Moait, J. Merchant,
L. Poleson, M. Want, J. Garrett, G. Dwyer.
MOTION OF CONDOLENCE
The Secretary, Com. P. Sams, advised it was his sad duty to
report the passing of Com. Joe Ferguson formerly the President of the BLF. Com.
Ferguson passed away last week at age 69.
He was an active trade unionist in the building industry for over 45 years and
was well respected for his integrity and genuine commitment to trade
unionism.
The Secretary moved a Motion of Condolence to the family and friends of the
late Joe Ferguson.
Com. P. True seconded.
CARRIED BY DELEGATES
OBSERVING A MINUTES SILENCE
EXECUTIVE BUSINESS
CORRESPONDENCE:-
1. From the Trades and Labor Council of Western Australia
- providing for Council's information a copy of their posters of support for
the independent trade union movement in Indonesia. The posters had been
distributed within Western Australia and also to countries in the Indian Ocean
and South East Asian area. It advised that a limited number of posters and
leaflets were still available for use by unions.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and copies forwarded to all affiliates
for their information and further action."
Com. B. Coombs seconded.
CARRIED
2. From the Australian Workers' Union, Greater New South Wales
Branch - advising it had been informed that the enterprise union which was
seeking to establish itself at the ICI Botany Site had made application to the
Industrial Relations Commission seeking registration. The formation of an
enterprise union is of utmost concern to the trade union movement, in general,
and to the A.W.U. in particular It, therefore, sought the assistance of Labor
Council in coordinating a meeting of affiliates to deal with the issue.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and a meeting of affiliates be
convened and Labor Council intervene in the Industrial Relations Commission
proceedings arguing against registration of the enterprise union in accordance
with Labor Council policy."
Com. N. Allen seconded.
CARRIED
REPORT:-
1. INDUSTRIAL RELATIONS COMMISSION DECISION - WORKCOVER / DRAKE
INTERNATIONAL
The Secretary, Com. P. Sams, advised of a recent decision of Mr Justice
Hungerford which had significant implications for the trade union movement, in
particular the responsibility of employment agencies hiring out employees to a
3rd party.
In a case involving serious injury to a number of employees at Warman
International, Drake International, the company supplying the labour, was also
fined under the Occupational Health and Safety Act. The case is significant as
there has always been argument as to who has responsibility for breaches of
awards, or Occupational Health and Safety Legislation, in situations where a
labour hire company supplies labour to a third party.
This decision clearly places any onus on the employment agency to ensure the
3rd party company complies with its legal responsibilities, or it, and the
company, are liable to prosecution. The Secretary said he would circulate the
decision and seek to provide wider publicity for the importance of the outcome.
The Secretary, Com. P. Sams, moved:-
"That the report be received."
Com. T. Barber.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the report be adopted."
Com. P. Tuncheon seconded.
CARRIED
COUNCIL ADJOURNED AT 6.40 P.M.
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