Meeting held : 14 May 1998
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 14TH MAY, 1998 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, J. Robertson (Executive Officers).
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be received."
Com. P. Tunchon seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be adopted."
Com. V. Higgins seconded.
CARRIED
CREDENTIALS:-
For this evening's meeting:
From The Australian Services Union, New South Wales Clerical and Administrative Branch - appointing P. Sekhon, F. Hancock.
From The New South Wales Nurses' Association - appointing K. Davis in place of J. Venamore.
From The Textile, Clothing and Footwear Union of Australia - appointing D. Tozer, S. Davies in place of J. Isaacs, B. Jenson.
Moved and seconded:-
"That the credentials be received
and the delegates welcomed."
APOLOGIES:-
Apologies were received and accepted from: G. Gregory, N. Steer, G. Sargeant, J. Templeman, S. McManus, J. Petrokwsi, L. Darnley, M. Ellery, G. Donnelly, G. Dwyer, S. Hutchins, A. Rawlinson, B. Coombs.
NOTICE OF MOTION TO SELL LABOR COUCIL SHARES IN 2HD:
The Secretary, Com. P. Sams, gave a Notice of Motion in the following terms:
"That in accordance with Rule 45(d) of the Labor Council's Rules, a meeting would be held at the conclusion of the weekly Labor Council meeting, commencing at 6:00 p.m. on Thursday, June 18, 1998, to approve the sale of half of the Labor Council's share in 2HD on the following terms:
1. the Trustees to covert their preference shares in 2HD to ordinary shares;
2. the Trustees to transfer their shares in New FM to 2HD;
3. settlement of loans made by the Labor Council to 2HD; and
4. agreement between the shareholders on the terms upon which the 2HD business will be conducted.
If the sale of these shares is approved, in accordance with Rule 45(e) of the Labor Council's rules, the approval of the sale must be confirmed at a subsequent meeting of the Labor Council which, with the consent of the meeting of 18 June, 1998, Com. Sams would appoint to take place on Thursday, July 23, 1998."
EXECUTIVE BUSINESS
CORRESPONDENCE:
1. From the Australian Council of Trade Unions - advising that although MUA members had now returned to work to many of the Patrick's operations around the country, the dispute was far from over. The ACTU outlined a number of issues which remained to be resolved and requested the continued support of all affiliates for the MUA. In particular, financial support for the employees and their families would continue to be vital.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and circulated to all affiliates for information."
Com. B. Robson seconded and spoke to the resolution.
CARRIED
2. From the Police Association of New South Wales - advising that the President, Com. Phil Tunchon, was retiring from the Association next week. Com. Tunchon had been the President for the past four years during which time the Association had undergone enormous pressures. He had steered the Association through the Royal Commission and been instrumental in the restoration of appeal rights against dismissal. During his time as President there had also been achievement of significant salary increases via Enterprise Bargaining, particularly the 22% increase achieved last year. Com. Tunchon had also been a delegate to the Labor Council for the past four years and had now chosen to take up a position as Police Sergeant, stationed at Blacktown.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council places on records its appreciation and thanks to Com. Tunchon for his service to the labour movement, the Labor Council and the Police Association. In particular, we recognise that his term as President marked the most controversial and difficult period for the Association, and its members, and it is a credit to his leadership, professionalism and good sense that the Association has emerged stronger and more committed than ever before. We wish him well on his return to the force and trust he will be well pleased with the accomplishments and achievements secured during his period as an officer of the Association."
Com. P. Remfrey seconded.
CARRIED
3. From the New South Wales Teachers' Federation; and
the Health and Research Employees Association of New South Wales; and
the NSW/ACT Independent Education Union - expressing concerns over the implications of the Child Care and Protection (Prohibited Employment) Bill 1997, the Ombudsman Amendment (Child Protection and Community Services) Bill 1997, the proposed Children's Commission, and its role, and the proposed processes of pre-employment screening. The Unions supported measures which would assist in the protection of children from abuse and assault, however, they were concerned that the implementation of child protection measures may severely reduce the civil and legal rights of all workers in child related employment and lead to employment difficulties for their members. Although consultations with the Public Employment Office had taken place, significant problems still remained. The actual role of the proposed Children's Commission had yet to be clearly defined and the issue of funding remained unresolved. The Unions requested Labor Council convene a meeting, consisting of a representative group of unions, to meet with the relevant Ministers and Premier to discuss the problems and develop appropriate resolutions.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and a meeting with the Premier and relevant Ministers be arranged as a matter of urgency."
Com. J. Lemaire seconded and spoke to the resolution.
CARRIED
4. From the Building Trades Group of Unions - advising that the CFMEU, CEPU (Plumbing and Electrical Division), AWU and AMWU had endorsed a national stoppage of workers in the building and construction industry to protest the planned stripping back of the national building awards by the Federal Government. It was anticipated that 120,000 would participate in the stoppage scheduled for next Wednesday, May 20, 1998. The rally would commence at 11:30 a.m. in Town Hall Square and march to the Industrial Commission at 80 William Street. The Group of Unions sought Labor Council's endorsement of this action and the mass protest rallies against the anti-workers policies of the Federal Liberal Government and would welcome the participation of Labor Council and its affiliates in the protest rally and march.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council endorse the protest rally and encourage all affiliates to participate."
Com. B. Riordan seconded.
CARRIED
5. From the Australian Workers Union, Port Kembla, South Coast and Southern Highlands Branch - enclosing for Council's information a copy of the Tin Mill Development Project Construction Enterprise Award 1997, and advising that this large project would upgrade the existing mechanical plant and put in place new equipment. The CFMEU was attempting to enrol as members Tradesman Assistants, Riggers and Scaffolders working on the project, even though the work was clearly mechanical engineering work and the appropriate union to cover these classifications was therefore the AWU. The Union requested Labor Council organise a meeting, as a matter of urgency, in order to allow this dispute to be dealt with in accordance with Demarcation Dispute Procedure.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and a meeting of the two unions be convened in accordance with the request and the terms of the Agreement."
Com. G. Livermore seconded.
CARRIED
COUNCIL ADJOURNED AT 6.30 P.M.
LABOR COUNCIL EXECUTIVE MEETING MINUTES
MEETING HELD 14TH MAY, 1998 AT
377-383 SUSSEX STREET, SYDNEY, AT 5:05 P.M.
The President, Com. J. Whelan, occupied the chair.
PRESENT: P. Sams (Secretary), M. Costa (Assistant Secretary), M. Lennon, J. Robertson (Executive Officers), S. Moait, A. Peters (Vice Presidents), L. Darnley, M. Want (Trustees), J. Lemaire, G. Derrick, J. Merchant, B. Tubner, E. Husic.
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be taken as read and received."
Com. A. Peters seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be adopted."
Com. G. Derrick seconded.
CARRIED
CREDENTIALS:-
From The Metal Trade Group II - appointing J. Metcher in place of W. Wooldridge.
From The Water and Stevedoring Group - appointing B. Robson in place of J. Garrett.
APOLOGIES:-
Apologies were received and accepted from:- P. Ryan, M. Williamson, J. Hennessy, D. Reiss, N. Steer, G. Gregory, M. Ferguson, J. Templeman, M. Larsen, A. Ferguson, F. Belan, J. Hennessy, R. Collison, S. Hutchins, C. Thomson, J. Morris, M. O'Connell, W. Wooldridge, L. Usher, J. Bennett, R. Plain, B. King, G. Donnelly, I. West, B. Jardine, J. Garrett.
CORRESPONDENCE:
From the Australian Council of Trade Unions - advising that although MUA members had now returned to work to many of the Patrick's operations around the country, the dispute was far from over. The ACTU outlined a number of issues which remained to be resolved and requested the continued support of all affiliates for the MUA. In particular, financial support for the employees and their families would continue to be vital.
The Secretary, Com. P. Sams, moved:-
"That the correspondence be received and circulated to all affiliates for information."
Com. B. Robson seconded and spoke to the resolution.
CARRIED
From the Police Association of New South Wales - advising that the President, Com. Phil Tunchon, was retiring from the Association next week. Com. Tunchon had been the President for the past four years during which time the Association had undergone enormous pressures. He had steered the Association through the Royal Commission and been instrumental in the restoration of appeal rights against dismissal. During his time as President there had also been achievement of significant salary increases via Enterprise Bargaining, particularly the 22% increase achieved last year. Com. Tunchon had also been a delegate to the Labor Council for the past four years and had now chosen to take up a position as Police Sergeant, stationed at Blacktown.
The Secretary, Com. P. Sams, moved:-
"That the correspondence be received and Labor Council places on records its appreciation and thanks to Com. Tunchon for his service to the labour movement, the Labor Council and the Police Association. In particular, we recognise that his term as President marked the most controversial and difficult period for the Association, and its members, and it is a credit to his leadership, professionalism and good sense that the Association has emerged stronger and more committed than ever before. We wish him well on his return to the force and trust he will be well pleased with the accomplishments and achievements secured during his period as an officer of the Association."
Com. S. Moait seconded.
CARRIED
From the CEPU, New South Wales Postal and Telecommunications Branch - concerning developments surrounding EBA negotiations covering the retail arm of Telstra, the T-Shops. EBA negotiations had commenced last year between Telstra, the CPSU and the CEPU, however, following the Union lodging a series of objections, negotiations had ceased between Telstra and the CEPU. Telstra had since entered into an arrangement with the CPSU which would see T-Shop employees reclassified and forcibly shifted into an award to which it was not a party to. The Union was seeking to have joint negotiations between Telstra and the CEPU and the CPSU re-established and requested Labor Council's assistance in resolving this conflict.
The Secretary, Com. P. Sams, moved:-
"That the correspondence be received and a meeting of the two unions be convened as requested."
Com. J. Metcher seconded and spoke to the resolution.
CARRIED
From the New South Wales Teachers' Federation; and
the Health and Research Employees Association of New South Wales; and
the NSW/ACT Independent Education Union - expressing concerns over the implications of the Child Care and Protection (Prohibited Employment) Bill 1997, the Ombudsman Amendment (Child Protection and Community Services) Bill 1997, the proposed Children's Commission, and its role, and the proposed processes of pre-employment screening. The Unions supported measures which would assist in the protection of children from abuse and assault, however, they were concerned that the implementation of child protection measures may severely reduce the civil and legal rights of all workers in child related employment and lead to employment difficulties for their members. Although consultations with the Public Employment Office had taken place, significant problems still remained. The actual role of the proposed Children's Commission had yet to be clearly defined and the issue of funding remained unresolved. The Unions requested Labor Council convene a meeting, consisting of a representative group of unions, to meet with the relevant Ministers and Premier to discuss the problems and develop appropriate resolutions.
The Secretary, Com. P. Sams, moved:-
"That the correspondence be received and a meeting with the Premier and relevant Ministers be arranged as a matter of urgency."
Com. J. Lemaire seconded and spoke to the resolution.
CARRIED
From the Building Trades Group of Unions - advising that the CFMEU, CEPU (Plumbing and Electrical Division), AWU and AMWU had endorsed a national stoppage of workers in the building and construction industry to protest the planned stripping back of the national building awards by the Federal Government. It was anticipated that 120,000 would participate in the stoppage scheduled for next Wednesday, May 20, 1998. The rally would commence at 11:30 a.m. in Town Hall Square and march to the Industrial Commission at 80 William Street. The Group of Unions sought Labor Council's endorsement of this action and the mass protest rallies against the anti-workers policies of the Federal Liberal Government and would welcome the participation of Labor Council and its affiliates in the protest rally and march.
The Secretary, Com. P. Sams, moved:-
"That the correspondence be received and Labor Council endorse the protest rally and encourage all affiliates to participate."
Com. A. Peters seconded.
CARRIED
From the Australian Workers Union, Port Kembla, South Coast and Southern Highlands Branch - enclosing for Council's information a copy of the Tin Mill Development Project Construction Enterprise Award 1997, and advising that this large project would upgrade the existing mechanical plant and put in place new equipment. The CFMEU was attempting to enrol as members Tradesman Assistants, Riggers and Scaffolders working on the project, even though the work was clearly mechanical engineering work and the appropriate union to cover these classifications was therefore the AWU. The Union requested Labor Council organise a meeting, as a matter of urgency, in order to allow this dispute to be dealt with in accordance with Demarcation Dispute Procedure.
The Secretary, Com. P. Sams, moved:-
"That the correspondence be received and a meeting of the two unions be convened in accordance with the request and the terms of the Agreement."
Com. J. Merchant seconded.
CARRIED
NOTICE OF MOTION TO SELL LABOR COUCIL SHARES IN 2HD:
The Secretary, Com. P. Sams, gave a Notice of Motion in the following terms:
"That in accordance with Rule 45(d) of the Labor Council's Rules, a meeting would be held at the conclusion of the weekly Labor Council meeting, commencing at 6:00 p.m. on Thursday, June 18, 1998, to approve the sale of half of the Labor Council's share in 2HD on the following terms:
1. the Trustees to covert their preference shares in 2HD to ordinary shares;
2. the Trustees to transfer their shares in New FM to 2HD;
3. settlement of loans made by the Labor Council to 2HD; and
4. agreement between the shareholders on the terms upon which the 2HD business will be conducted.
If the sale of these shares is approved, in accordance with Rule 45(e) of the Labor Council's rules, the approval of the sale must be confirmed at a subsequent meeting of the Labor Council which, with the consent of the meeting of 18 June, 1998, Com. Sams would appoint to take place on Thursday, July 23, 1998."
EXECUTIVE ADJOURNED AT 5:35 P.M.
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