Meeting held : 12 March 1998
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 12TH MARCH, 1998 IN THE
TRADES HALL AUDITORIUM
AT CORNER GOULBURN AND SUSSEX STREETS, SYDNEY, AT 6.00 P.M.
PRESENT:- P. Sams (Secretary), M. Costa (Assistant Secretary), M. Lennon, N. Steer, G. Gregory, J. Robertson (Executive Officers).
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be received."
Com. H. White seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be adopted."
Com. V. Collins seconded.
CARRIED
CREDENTIALS:-
For tonight's meeting:
From The Australian Services Union, New South Wales Clerical and Administrative Branch - appointing F. Hancock.
From The New South Wales Nurses' Association - appointing J. Venamore in place of S. Moait.
From The Textile, Clothing and Footwear Union of Australia - appointing P. Jones in place of M. Brown.
Moved and seconded:-
"That the credentials be received
and the delegates welcomed."
APOLOGIES:-
Apologies were received and accepted from: S. Moait, J. Hennessy, F. Belan, G. Donnelly, G. Dwyer.
SUSPENSION OF STANDING ORDERS:
The Secretary, Com. P. Sams, moved a Suspension of Standing Orders in order to present a Labor Council Scroll of Honour awarded to Lorna Morrison, Secretary of the Trades Hall Association.
Com. B. Jardine seconded.
CARRIED
The Secretary, Com. P. Sams, moved a Resumption of Standing Orders.
Com. B. Jardine seconded.
CARRIED
EXECUTIVE BUSINESS
CORRESPONDENCE:
1. From the Australian Services Union, New South Wales Clerical and Administrative Branch - concerning its recent claim, on behalf of its members employed by Auscript, for redundancy entitlements for casuals, and advising that the matter was arbitrated by a Full Bench of the Australian Industrial Relations Commission. Counsel, Mr John Murphy, submitted that Casual Court Reporting Officers (CRO's) "... were employed on a regular and systematic basis for at least 12 months..." and "On any view the dictates of industrial fairness and equity would lead the Commission to make the award in the terms sought by the ASU. A survey conducted by the ASU of its CRO members (attachment 32) discloses that across Australia the average length of service of a CRO is 9.4 years with the maximum length of service of currently employed CRO's being 24 years. Any reasonable person would regard employees in this situation as being employed on a continuous basis. Even though they are titled 'Casual', CRO's cannot be described as casuals in the true sense." The Full Bench on 5 March, 1998 handed down its decision in favour of the Union's application. The Union thanked Labor Council and its affiliates for their support in achieving this magnificent outcome for members who are predominantly female CRO's.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the Union be congratulated on its win and a copy of the decision be sent to all affiliates."
Com. M. Want seconded and spoke to the resolution.
CARRIED
2. From the National Union of Workers - concerning the events surrounding a picket line at Valpak, Brookvale, and requesting that an inquiry into police activities on picket lines be carried out.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and a report of the dispute be given to Labor Council."
Com. A Casey seconded and spoke to the resolution.
Com. P. Matters spoke to the resolution.
CARRIED
3. From the Construction, Forestry, Mining and Energy Union, Construction and General Division, New South Wales Divisional Branch - advising that it had settled its defamation proceedings against Channel 9 following a 60 Minutes program in 1990 which slandered the Union. The settlement provided for payment of $50,000 in damages plus all legal expenses, and represented a significant victory for not only the CFMEU but for all trade unions, particularly given that many other unions have been subjected to similar slander and denigration by media barons.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the Union be congratulated on their victory."
Com. P. McClelland seconded and spoke to the resolution.
CARRIED
4. From the Textile, Clothing and Footwear Union of Australia - advising that it was in dispute with the Smith Family Industries located at 2 Birmingham Avenue, Villawood. The dispute was due to a breakdown in negotiations regarding Enterprise Bargaining. A picket line was in operation at the site and the Union requested all affiliates respect the picket.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the picket be endorsed and affiliates be requested to respect the picket."
Com. B. Tubner seconded and spoke to the resolution.
CARRIED
5. From the Health and Research Employees' Association - regarding its members' concerns following the introduction of the Workforce/Kronos payroll system, which replaced the Hospay system, in the New South Wales Health Department. Following introduction of the new system, its members had complained about a myriad of problems, including non payment of wages, under payment, over payment and failure to pay on time. Representatives from the Union, together with representatives from the NSW Nurses' Association, had met with the Department of Health to discuss the matter. The Department conceded that there were teething troubles with the introduction of the system and that also included human error. The Union requested Labor Council convene a meeting of all unions covering members in the public health system and that the current number of Hospay users be guaranteed and no additional hospital be allowed to use this new system until a satisfactory resolution to its concerns is achieved by the Department of Health.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the request for a meeting of health unions be agreed to."
Com. H. White seconded.
CARRIED
6. From the Health and Research Employees' Association of New South Wales - concerning the new New South Wales Health policy on employees' private use of motor vehicles which had amounted to a substantial and unreasonable increase in the cost to members for private use of motor vehicles. The Association requested Labor Council convene a meeting of interested public sector health affiliates to consider a response.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and referred to a meeting of public sector affiliates."
Com. H. White seconded.
CARRIED
REPORTS:
1. SHADOW MINISTER RON PHILLLIPS - PRESS RELEASE
The Secretary, Com. P. Sams, reported to affiliates on advice that Labor Council had received, allegedly stating that he had made a deal regarding the privatisation of electricity. It was later discovered that the source of this story was a Press Release issued by Ron Phillips, MP, Deputy Leader of the Opposition, Shadow Treasurer and Shadow Minister for Energy. Com. Sams said what a scandalous act this was and that no meetings or deals had taken place. It was entirely politicking by the Minister.
The Secretary, Com. P. Sams, moved:-
"That the report be received."
Com. B. Wooldridge seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the report be adopted."
Com. J. Merchant seconded.
CARRIED
2. ILO FINDING ON WORKPLACE RELATIONS ACT
The Secretary, Com. P. Sams, reported to affiliates on the ILO Report on Workplace Relations Act, as had been provided to Council by the ACTU. The ILO Committee of Experts had made some damaging findings in relation to the Workplace Relations Act in its latest report on members' adherence to Convention No 98 on the Right to Organise and to Bargain Collectively. The ACTU had written to the ILO in August last year setting out its concerns in relation to the ACT, in particular that it gave primacy to individual AWA's over collective bargaining, and to non-union over union agreements. The Committee of Experts considered this submission, together with the Government's report and comments from ACCI, and the main findings were as follows:
1. The Act may not adequately protect employees from dismissal due to anti-union discrimination.
2. The Committee considers that the provisions of the Act noted above do not promote collective bargaining as required under Article 4 of the Convention.
3. Where no trade union represents a majority of the workers, the unions should be able to negotiate an agreement at least on behalf of their own members.
Com. Sams also summarised some of the other findings.
The Secretary, Com. P. Sams, moved:-
"That the report be received."
Com. B. Sexton seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the report be adopted."
Com. L. Darnley seconded.
CARRIED
ANNOUNCEMENTS:
1. The Secretary, Com. P. Sams, advised all affiliates that a Child Labour Forum had been organised by the International Centre for Trade Union Rights, APHEDA, Amnesty International, the Anti-Slavery Society and the ACTU. The purpose of this Forum was to promote awareness regarding the exploitation of child labour, to recognise the relevance of the issues to Australia and discuss how these concerns may be addressed. The Forum would be held this Saturday, March 14, 1998 commencing at 9:00 a.m. in the Auditorium at the NSW Teachers' Federation, 300 Sussex Street, Sydney. Com. Sams would address the Forum which would be opened by the Attorney General and Minister for Industrial Relations, the Hon. Jeff Shaw, QC MLC. Further information on the Forum could be obtained from Peta Dixon on 9223.3633.
2. The Secretary, Com. P. Sams, advised all affiliates of the launch of the documentary film "Naked into the Jungle - Rio Tinto, Workers and Communities" to be held this coming Sunday, March 15, 1998 at 11:00 a.m. The launch would take place in the Metcalfe Auditorium, NSW State Library, Macquarie Street. Further information could be obtained from Peter Colley on 0417.992.995.
COUNCIL ADJOURNED AT 6.38 P.M.
LABOR COUNCIL EXECUTIVE MEETING MINUTES
MEETING HELD 12TH MARCH, 1998 AT
377-383 SUSSEX STREET, SYDNEY, AT 5.06 P.M.
The President, Com. J. Whelan, occupied the chair.
PRESENT: P. Sams (Secretary), M. Costa (Assistant Secretary), M. Lennon, N. Steer, G. Gregory, J. Robertson (Executive Officers), L. Darnley, M. Want (Trustees), J. Templeman, J. Merchant, B. Tubner, W. Wooldridge, L. Usher, J. Bennett, B. Jardine.
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be taken as read and received."
Com. B. Wooldridge seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be adopted."
Com. J. Templeman seconded.
CARRIED
CREDENTIALS:-
From The New South Wales Nurses' Association - appointing J. Venamore in place of S. Moait.
From The Education Group - appointing B. Sexton in place of J. Hennessy.
From The General Australian Workers' Group - appointing C. Bosworth in place of R. Collison.
APOLOGIES:-
Apologies were received and accepted from:- P. Ryan, S. Moait, M. Williamson, J. Hennessy, M. Williamson, A. Peters, D. Reiss, M. Ferguson, M. Larsen, G. Derrick, A. Ferguson, F. Belan, J. Hennessy, R. Collison, S. Hutchins, C. Thomson, J. Morris, M. O'Connell, R. Plain, B. King, G. Donnelly, I. West, J. Garrett.
CORRESPONDENCE:
From the Australian Services Union, New South Wales Clerical and Administrative Branch - concerning its recent claim, on behalf of its members employed by Auscript, for redundancy entitlements for casuals, and advising that the matter was arbitrated by a Full Bench of the Australian Industrial Relations Commission. Counsel, Mr John Murphy, submitted that Casual Court Reporting Officers (CRO's) "... were employed on a regular and systematic basis for at least 12 months..." and "On any view the dictates of industrial fairness and equity would lead the Commission to make the award in the terms sought by the ASU. A survey conducted by the ASU of its CRO members (attachment 32) discloses that across Australia the average length of service of a CRO is 9.4 years with the maximum length of service of currently employed CRO's being 24 years. Any reasonable person would regard employees in this situation as being employed on a continuous basis. Even though they are titled 'Casual', CRO's cannot be described as casuals in the true sense." The Full Bench on 5 March, 1998 handed down its decision in favour of the Union's application. The Union thanked Labor Council and its affiliates for their support in achieving this magnificent outcome for members who are predominantly female CRO's.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the Union be congratulated on its win and a copy of the decision be sent to all affiliates."
Com. M. Want seconded and spoke to the resolution.
CARRIED
From the National Union of Workers - concerning the events surrounding a picket line at Valpak, Brookvale, and requesting that an inquiry into police activities on picket lines be carried out.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and a report of the dispute be given to Labor Council."
Com. C. Bosworth seconded.
CARRIED
From the Construction, Forestry, Mining and Energy Union, Construction and General Division, New South Wales Divisional Branch - advising that it had settled its defamation proceedings against Channel 9 following a 60 Minutes program in 1990 which slandered the Union. The settlement provided for payment of $50,000 in damages plus all legal expenses, and represented a significant victory for not only the CFMEU but for all trade unions, particularly given that many other unions have been subjected to similar slander and denigration by media barons.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the Union be congratulated on their victory."
Com. L. Usher seconded.
CARRIED
From the Textile, Clothing and Footwear Union of Australia - advising that it was in dispute with the Smith Family Industries located at 2 Birmingham Avenue, Villawood. The dispute was due to a breakdown in negotiations regarding Enterprise Bargaining. A picket line was in operation at the site and the Union requested all affiliates respect the picket.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the picket be endorsed and affiliates be requested to respect the picket."
Com. B. Tubner seconded.
CARRIED
From the Health and Research Employees' Association - regarding its members' concerns following the introduction of the Workforce/Kronos payroll system, which replaced the Hospay system, in the New South Wales Health Department. Following introduction of the new system, its members had complained about a myriad of problems, including non payment of wages, under payment, over payment and failure to pay on time. Representatives from the Union, together with representatives from the NSW Nurses' Association, had met with the Department of Health to discuss the matter. The Department conceded that there were teething troubles with the introduction of the system and that also included human error. The Union requested Labor Council convene a meeting of all unions covering members in the public health system and that the current number of Hospay users be guaranteed and no additional hospital be allowed to use this new system until a satisfactory resolution to its concerns is achieved by the Department of Health.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and the request for a meeting of health unions be agreed to."
Com. J. Templeman seconded.
CARRIED
From the Health and Research Employees' Association of New South Wales - concerning the new New South Wales Health policy on employees' private use of motor vehicles which had amounted to a substantial and unreasonable increase in the cost to members for private use of motor vehicles. The Association requested Labor Council convene a meeting of interested public sector health affiliates to consider a response.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and referred to a meeting of public sector affiliates."
Com. J. Venamore seconded.
CARRIED
REPORTS:
SHADOW MINISTER RON PHILLLIPS - PRESS RELEASE
The Secretary, Com. P. Sams, reported to affiliates on advice that Labor Council had received, allegedly stating that he had made a deal regarding the privatisation of electricity. It was later discovered that the source of this story was a Press Release issued by Ron Phillips, MP, Deputy Leader of the Opposition, Shadow Treasurer and Shadow Minister for Energy. Com. Sams said what a scandalous act this was and that no meetings or deals had taken place. It was entirely politicking by the Minister.
The Secretary, Com. P. Sams, moved:-
"That the report be received."
Com. B. Wooldridge seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the report be adopted."
Com. L. Usher seconded.
CARRIED
ILO FINDING ON WORKPLACE RELATIONS ACT
The Secretary, Com. P. Sams, reported to affiliates on the ILO Report on Workplace Relations Act, as had been provided to Council by the ACTU. The ILO Committee of Experts had made some damaging findings in relation to the Workplace Relations Act in its latest report on members' adherence to Convention No 98 on the Right to Organise and to Bargain Collectively. The ACTU had written to the ILO in August last year setting out its concerns in relation to the ACT, in particular that it gave primacy to individual AWA's over collective bargaining, and to non-union over union agreements. The Committee of Experts considered this submission, together with the Government's report and comments from ACCI, and the main findings were as follows:
1. The Act may not adequately protect employees from dismissal due to anti-union discrimination.
2. The Committee considers that the provisions of the Act noted above do not promote collective bargaining as required under Article 4 of the Convention.
3. Where no trade union represents a majority of the workers, the unions should be able to negotiate an agreement at least on behalf of their own members.
Com. Sams also summarised some of the other findings.
The Secretary, Com. P. Sams, moved:-
"That the report be received."
Com. B. Sexton seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the report be adopted."
Com. L. Darnley seconded.
CARRIED
ANNOUNCEMENTS:
The Secretary, Com. P. Sams, advised all affiliates that a Child Labour Forum had been organised by the International Centre for Trade Union Rights, APHEDA, Amnesty International, the Anti-Slavery Society and the ACTU. The purpose of this Forum was to promote awareness regarding the exploitation of child labour, to recognise the relevance of the issues to Australia and discuss how these concerns may be addressed. The Forum would be held this Saturday, March 14, 1998 commencing at 9:00 a.m. in the Auditorium at the NSW Teachers' Federation, 300 Sussex Street, Sydney. Com. Sams would address the Forum which would be opened by the Attorney General and Minister for Industrial Relations, the Hon. Jeff Shaw, QC MLC. Further information on the Forum could be obtained from Peta Dixon on 9223.3633.
The Secretary, Com. P. Sams, advised all affiliates of the launch of the documentary film "Naked into the Jungle - Rio Tinto, Workers and Communities" to be held this coming Sunday, March 15, 1998 at 11:00 a.m. The launch would take place in the Metcalfe Auditorium, NSW State Library, Macquarie Street. Further information could be obtained from Peter Colley on 0417.992.995.
EXECUTIVE ADJOURNED AT 5.35 P.M.
About Unions NSW
