Meeting held : 11 June 1998
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 11TH JUNE, 1998 IN THE
TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6.05 P.M.
PRESENT:- P. Sams (Secretary), M. Costa (Assistant Secretary), M. Lennon, N. Steer, J. Robertson, G. Gregory (Executive Officers).
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be received."
Com. N. Lewocki seconded.
CARRIED
The Secretary, Com. P. Sams, moved:-
"That the minutes as circulated be adopted."
Com. V. Herman seconded.
CARRIED
CREDENTIALS:-
For this evening's meeting:
From The Australian Services Union, New South Wales Clerical and Administrative Branch - appointing F. Hancock, P. Sekhon.
APOLOGIES:-
Apologies were received and accepted from: J. Hennessy.
EXECUTIVE BUSINESS
CORRESPONDENCE:
1. From the Construction, Forestry, Mining and Energy Union, and from
The Transport Workers' Union of Australia, New South Wales Branch - concerning the Eden Regional Forest Agreement. The State Government had implemented a number of forest policy initiatives since its election in 1995 and these policies had been implemented at a significant cost to workers and communities in rural New South Wales. The main objective of the Forest Policy process was the implementation of Regional Forest Agreements across New South Wales. The 20 year agreements would determine the level of resource available to industry and the level of reservation and off-reserve protection of environmental values in the regions. Forest Unions had put forward an Eden option which aimed to achieve a balance between social, economic and environmental values and would maintain current employment in the timber industry region and see the creation of more than 30,000ha of additional National Parks. The Unions sought the support of Labor Council for this option and requested Labor Council circulate the correspondence to affiliates for their information.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council support the option proposed by the Unions and a copy of the correspondence be forwarded to affiliates."
Com. S. Hutchins seconded.
CARRIED
2. From the Public Service Association of New South Wales - advising that at its March meeting of Central Council a motion was moved, in the following terms:
"That the Association direct Labor Council to investigate the legalities / practicalities of unions setting up holding companies to hold assets so that any legal proceedings taken under the Secondary Boycott Legislation leaves the relevant union with no assets."
The Association recognised the serious implications of such an arrangement and requested Labor Council advise whether this was the way in which the MUA fighting fund, under the auspices of NSW Family Fighting Fund, was set up.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council in the first instance seek legal advice on the matter raised by the PSA."
Com. B. Jardine seconded.
CARRIED
3. From the Transport Workers' Union of Australia, New South Wales Branch - advising that yesterday, Wednesday, June 10, its members in the private bus industry took strike action in Sydney, Newcastle and Wollongong. The industrial action took place after 6 months of negotiations between the Union and the Bus and Coach Industry (BCA) to vary the Award covering private bus drivers. The Union had been seeking an increase to the Award in line with a 5 and 5% campaign. The BCA had put forward a proposal, delegates angrily rejected, which would have seen many drivers lose money. There were growing pressures on private bus drives with increased congestion on the roads, an alarming growth rate in violent attacks on drivers and lower job security through attempted casualisation of the workforce. Whilst it was regrettable that the industrial action did cause inconvenience to passengers, the BCA was advised a week before the action that unless they altered their proposal delegates would likely vote for strike action. The BCA did not change their stance and did not advise passengers of the imminent action. The Union requested the support of Labor Council and its affiliates in the private bus drivers' fight for a fair go.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council support the Transport Workers Union in its campaign to secure wage justice for its private bus driver members."
Com. T. Sheldon seconded and spoke to the resolution.
CARRIED
4. From the Construction, Forestry, Mining and Energy Union, Construction and General Division, New South Wales Divisional Branch - concerning a construction industry stoppage and rally, in respect to the Federal Government's award stripping process, held on Wednesday, May 20, which was endorsed by the Labor Council of NSW. Since the rally, there had been no further negotiations with employers and very little progress had been achieved. As a consequence of this there was overwhelming support amongst the various construction industry unions to hold a 24 hour strike on June 15. It requested Labor Council's endorsement of this.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council endorse the proposed 24 hour construction industry stoppage in defence of the industry's award conditions."
Com. D. Reiss seconded.
CARRIED
5. From the Public Service Association of New South Wales - concerning various Local Government bodies seeking legislation to enable them to prohibit certain activities during the Olympic Games and possibly other major events. The legislation would affect homeless and other disadvantaged people and would also apply to activities such as loitering and carrying placards. The Association was concerned that such legislation could be used to prevent union activities such as demonstrations and picket lines. It requested Labor Council make representations to the Government to protect the rights of unions and other citizens.
Com. Sams moved Executive Recommendation:-
"That the correspondence be received and Labor Council make the appropriate representations to the New South Wales Government in light of the legitimate concerns expressed by the Public Service Association."
Com. B. Jardine seconded.
CARRIED
REPORT ON RESIGNATION OF SECRETARY COM. P. SAMS
The President, Com. J. Whelan, advised affiliates that he had received the following correspondence:
1. A letter from the Secretary, Com. P. Sams - advising that, in view of his appointment as a Deputy President of the Industrial Relations Commission of New South Wales, Com. Sams was tendering his resignation, effective at the close of the ballot on Thursday, June 25, 1998 as Secretary of the Labor Council, Managing Director of Radio Station 2KY, Managing Director of NSW Race Narrowcasts, Executive Member of the ACTU and Director of Chifley Financial Services. Com. Sams expressed how much he loved working at the Labor Council for the past sixteen years and that his colleagues, past and present, had been a delight both personally and professionally. Com. Sams particularly thanked the President, Com. J. Whelan, for being the most committed and hard working President he had worked with. Com. Sams also particularly thanked Com. M. Costa whose talents and capacity he greatly appreciated and he extended his sincere thanks for being a fantastic and loyal deputy who, he knew would perform any new role with courage and distinction. Com. Sams conveyed to all affiliates his deepest gratitude for their support and assistance over the years and said that he left the Labor Council in safe hands, knowing that the challenges ahead would be met with the strength and commitment of a united labour movement in New South Wales.
2. A letter from the Assistant Secretary, Com. M. Costa - advising that in view of the resignation of Peter Sams as Secretary of the Labor Council, Com. Costa was tendering his resignation as Assistant Secretary of the Labor Council and Alternate Delegate to the ACTU Executive, effective at the close of the ballot on Thursday, June 25, 1998, in order to contest the ballot for the position of Secretary of the Labor Council and Delegate to the ACTU Executive.
3. A letter from Executive Officer, Com. J. Robertson - advising that in view of the resignation of Michael Costa as Assistant Secretary, Com. Robertson was tendering his resignation as Executive Officer of the Labor Council, effective at the close of the ballot on Thursday, June 25, 1998 in order to contest the ballot for the position of Assistant Secretary of the Labor Council and Alternate Delegate to the ACTU Executive.
The Assistant Secretary, Com. M. Costa, moved:-
"That the report be received."
Com. N. Lewocki seconded.
CARRIED
The Assistant Secretary, Com. M. Costa, moved:-
"That the report be adopted and the resignations of Com. Sams, Com. Costa and Com. Robertson be accepted. In moving that the report be adopted, Com. Costa thanked Com. Sams for his excellent contribution to the Labor Council of New South Wales, the labour movement in general and to the Trade Union movement in particular. He said Com. Sams had been with the Labor Council for 16 years and a member of the ALP for 25 years. Com. Sams would be greatly missed by both the Labor Council and the ALP. Com. Costa said Com. Sams was the best industrial advocate in the country and it was appropriate that he be appointed Deputy President of the New South Wales Industrial Relations Commission as he had, throughout his career, strongly defended the process of conciliation and arbitration and the Industrial Tribunals from attacks from all quarters. Com. Costa also thanked Com. Sams on a personal level for his support and encouragement in his role as Assistant Secretary. Com. Costa congratulated Com. Sams on behalf of all affiliates for his appointment to the Industrial Relations Commission of New South Wales as Deputy President and wished him a long and successful career in his new calling. "
Com. A. Peters seconded and spoke.
Com. S. Hutchins spoke.
Com. R. Collison spoke.
Com. B. Jardine spoke.
CARRIED
BY ACCLAMATION
REPORT:
1. RETURNING OFFICER'S REPORT
The Assistant Secretary, Com. M. Costa, advised all affiliates that following the resignation of Peter Sams as Secretary of the Labor Council and delegate to the ACTU Executive, and, in accordance with Labor Council rules nominations would open at 9:00 a.m. tomorrow, Friday, June 12, 1998, and close the following Thursday, June 18, 1998 at 4:00 p.m. for the following Labor Council positions:
Secretary
Assistant Secretary
Delegate to ACTU Executive
Alternate Delegate to ACTU Executive
A ballot, if necessary, will be held for the vacant positions on Thursday, June 25, 1998, between the hours of 5:00 p.m. and 8:00 p.m. at the Trades Hall, 4 Goulburn Street, Sydney.
The Assistant Secretary, Com. M. Costa, moved:-
"That the report be received."
Com. M. Want seconded.
CARRIED
The Assistant Secretary, Com. M. Costa, moved:-
"That the report be adopted."
Com. D. Reiss seconded.
CARRIED
ANNOUNCEMENT:-
1. The President, Com. J. Whelan, advised all delegates that there would be drinks in the Trades Hall Tavern from 6:45 p.m. to 7:45 p.m. this evening to celebrate the appointment of Peter Sams as Deputy President to the Industrial Relations Commission of New South Wales. He encouraged all delegates to attend.
COUNCIL ADJOURNED AT 6.45 P.M.
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