Meeting held : 18 June 1998
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 18TH JUNE, 1998 IN THE
TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6.05 P.M.
PRESENT:- M. Costa (Acting Secretary), J. Robertson (Acting Assistant Secretary), M. Lennon, N. Steer, G. Gregory (Executive Officers).
The Acting Secretary, Com. M. Costa, moved:-
"That the minutes as circulated be received."
Com. V. Herman seconded.
CARRIED
The Acting Secretary, Com. M. Costa, moved:-
"That the minutes as circulated be adopted."
Com. T. Sheldon seconded.
CARRIED
CREDENTIALS:-
For the ensuing year:
From NSW Teachers Federation - appointing D. Bell, L. Eisler, J. Lemaire, L. Barratt, P. Carruthers, H. MacGregor, B. Marks.
For this evening's meeting:
From The Australian Services Union, NSW & ACT (Services) Branch - appointing S. Connolly in place of M. Ellery.
From The Australian Services Union, New South Wales Clerical and Administration Branch - appointing F. Hancock.
From Communications Electrical Plumbing Union, NSW Postal & Telecommunications Branch - appointing T. Barber, L. Chalker, M. Etue, E. Husic, J. Metcher, S. King, G. McKay in place of A. Gadiel, R. Heiler, D. Irwin, P. Jones.
From New South Wales Nurses' Association - appointing K. Davis, S. Shean in place of R. Whatman, J. Taylor.
From Police Association of New South Wales - appointing I. Teasdale, M. Burgess, M. Spring, K. Cole in place of W. Taylor, P. Remfrey, P. Tunchon, L. Taylor.
From Textile Clothing & Footwear Union of Australia - appointing K. Price, T. Woolgar in place of M. Brown, J. Owen.
APOLOGIES:-
Apologies were received and accepted from: P. Sams, J. Hennessy, B. Collins, S. Hutchins, C. Evans.
MOTION OF CONDOLENCE:
The Acting Secretary, Com. M. Costa, advised it was his sad duty to report the passing, last Sunday, of Margaret (Meg) Sharkey, partner of Bob Sharkey a former Executive Member of Labor Council and General Secretary of the NSW Teachers Federation.
Meg was an outstanding teacher and union activist and Executive Member of the NSW Teachers Federation for some 25 years plus.
The Acting Secretary moved a Motion of Condolence to the family and friends of the late Meg Sharkey.
Com. B. Johnson seconded. CARRIED BY DELEGATES OBSERVING A MINUTES SILENCE
EXECUTIVE BUSINESS
CORRESPONDENCE:
1. From the New South Wales Printing Division of the Australian Manufacturing Workers Union - advising that at a recent meeting two resolutions were passed in the following terms:
"This meeting of the NSW Printing Division Regional Council deplores the loss of jobs throughout the Amcor Group of Companies. We condemn the decision of Amcor re the Burnie Mill to axe some 230 jobs and the decision to import pulp from Indonesia.
We demand Amcor gives assurances that further job losses will not result from imports from countries that do not meet minimum ILO conditions for workers.
Labor Council assistance in publishing this matter would be appreciated."
And
"The NSW Regional Council is extremely concerned at the effects of savage funding cuts on the School of Graphic Arts. As well as the effect on students, the future of the printing industry - tradespersons who seek to upgrade their skills to maintain employment will be unable to do so.
We instruct the Secretary to write to the Ministers for Education, both state and federal, and protest in the strongest possible terms.
Further, that this be conveyed to the NSW State Council, Labor Council, and the Union's National Council.
We ask Labor Council to arrange a meeting with the Minister as soon as possible.
The Union requests that Labor Council raise these matters and endorse the resolution at the next meeting of Labor Council."
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council support the unions requests in both matters."
Com. B. King seconded and spoke to the resolution.
CARRIED
2. From the NSW/ACT Independent Education Union - advising that the Union had made representations to the NSW Attorney General, The Hon. Jeff Shaw, QC, MLC, supporting the inclusion of pregnancy and carer's responsibilities in the NSW Anti-Discrimination Act and also urging that there be no exemptions for private educational authorities. The Union sought the support of the Labor Council in encouraging the Government to proceed with the inclusion of these two important areas under the Anti-Discrimination Act and ensuring its comprehensive coverage of workers in New South Wales. The Union said that its opposition to exemptions is long standing, based upon the view that protection from discrimination is a basic human right and that employees working in non government education institutions or for charitable organisations should not be able to suffer discrimination in the workplace.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council make representations to the Attorney General seeking to have pregnancy and carer's responsibilities included in the Anti-Discrimination Act with no exemptions for private educational authorities."
Com. D. Shearman seconded.
CARRIED
3. From the Australian Services Union, New South Wales Clerical and Administrative Branch - expressing grave concern regarding two incidents, which occurred at the Sydney Domestic Airport, Mascot, involving a member of the Union employed in Australian Air Express. The Union advised that both incidents involved their member being attacked by the same security guard dog whilst parking his motorbike at the Wilsons Carpark at the Domestic Terminal. The Union further said that while the dog in question was on a leash, the security guard who was the dog's handler did not have control of the animal and as a result the member received a bite on his arm. The Union requested that Labor Council convene a meeting with the LHMWU and ASU to discuss this issue.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council convene the requested meeting between the ASU and LHMWU."
Com. M. Want seconded and spoke to the resolution.
CARRIED
4. From the Australian Council of Trade Unions - requesting the support and assistance of the Labor Council of New South Wales in organising an 'event' on 1 July, 1998, being the date upon which the Federal Government proposes that awards should be parred back to 20 allowable matters. The ACTU attached further correspondence outlining the reasoning behind the day of protest and the importance that should be attached to it as part of a continuing campaign of opposition to the Workplace Relations Act.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council organise a delegates meeting for unions with members employed under federal awards as part of an ongoing campaign against the attacks on award entitlements by the federal Government."
Com. S. Moait seconded.
CARRIED
REPORTS:
1. TCFUA CODE ON OUTWORKERS
The Acting Secretary, Com. M. Costa, reported on the Federal Department of Work Relations and Small Business' launch of its "Manufacturing in the Clothing Industry: A Guide to Your Responsibilities".
The guide encourages employers to convert award employees into independent contractors - outworkers. This is despite the fact that the NSW Industrial Relations Act 1996 deems all outworkers to be employees.
Com. M. Costa said:
"The Federal Department should be informing employees and employers of their rights and obligations, not publishing a step-by-step guide on how to circumvent the law and convert award employees into lower paid independent contractors."
The guide details the obligations of employers of outworkers, such as the provision of certain information to the AIRC. However, the guide goes on to suggest that the award simplification process will negate these requirements.
Com. M. Costa said:
"Much of the information to be published in this guide is either misleading or false."
"It is outrageous that the federal government should be using public funds to produce such inaccurate information, regarding such a vulnerable section of the workforce."
The Acting Secretary, Com. M. Costa, called on the Federal Government to withdraw its so-called 'guide' and consult with all industry parties, employers and the TCFUA, to develop a strategy to eliminate the exploitation of outworkers.
The Acting Secretary, Com. M. Costa, moved:-
"That the report be received."
Com. T. Woolgar seconded.
CARRIED
The Acting Secretary, Com. M Costa, moved:-
"That the report be adopted."
Com. B. Tubner seconded and spoke to the resolution.
CARRIED
2. WORKERS COMPENSATION BILL
The Acting Secretary, Com. M. Costa, reported that the NSW Government had established an Interim Workers Compensation Advisory Council in November 1997.
Com. M. Costa said the Advisory Council has designed a new Workers Compensation scheme which will commence on the 1st July, 1998. This scheme was designed with the advice of Actuaries who indicated that, in order to reduce the key cost drivers in the current scheme, a major emphasis must be placed on injury management and returning the injured worker back to work. The urgency for change is paramount due to the financial pressures on the existing scheme.
The new Act will be titled "Workplace Injury Management and Workers Compensation Bill 1998."
Com. M. Costa reported that in addition, the new scheme will include the following legislative provisions:
1. Early notification by employer of injuries, ie: within 48 hours
2. Insurers to facilitate rehabilitation prior to liability being determined
3. Costs of injury management to be met prior to acceptance of liability
4. Exit provisions
5. Job subsidy schemes
6. Employers fined for not providing suitable employment
7. Incentives through premium structure on good performing employers
8. Incentives for small employers to provide suitable work through second injury scheme
9. Enhanced conciliation
10. Automatic exchange of information between parties in conciliation
11. Legal representation at all levels of dispute resolution
12. Current weekly benefit structure to be maintained
The new scheme will allow total stakeholder ownership and control, ie: employers and unions through legislative provisions as follows:
1. The permanent establishment of the Advisory Council who will:
- provide direction to WorkCover regarding policy issues;
- be responsible for the formulations of recommendations to the Minister;
- undertake consultation regarding current or proposed legislation relating to any scheme it thinks fit;
- monitor and report to the Minister on the operation and effectiveness of any such legislation;
- monitor and review key indicators of financial viability and other aspects of any such schemes;
Com. M. Costa said that, more importantly, to support the structure of the Advisory Council, there will be a number of Advisory Council sub groups known as Industry Reference Groups. These groups will have equal employer and employee representation and will give advice to the Advisory Council on matters related to:
1. Workers Compensation
2. Return to Work strategies
3. Preventative strategies.
Unions have been extensively involved in recommending to the Advisory Council which industries should formulate a sub group. A final proposal will be put forward to the Advisory Council prior to the 1st July, 1998.
Com. M. Costa further reported that the Advisory Council members have had carriage of the drafting process of the new Workplace Injury Management and Workers Compensation Bill 1998, which has been circulated to all affiliates with notification of a meeting on Friday, 19th June, 1998. The Advisory Council members have obtained advice on the technical aspects of the Bill from a specialist panel of labour law firms.
Com. M. Costa congratulated M. Yaager, I. West, S. Moait, A. Ferguson, S. Hutchins, J. McLean and L. Poleson on a job well done.
The Acting Secretary, Com. M. Costa, moved:-
"That the report be received."
Com. P. Remfrey seconded.
CARRIED
The Acting Secretary, Com. M. Costa, moved:-
"That the report be adopted."
Com. I. West seconded and spoke to the resolution.
CARRIED
RETURNING OFFICER'S REPORT:
The Returning Officer, Com. C. Bosworth, reported that at the close of nominations at 4.00pm today, Thursday, 18th June, 1998, the following nominations had been received:-
Michael Costa - Secretary
John Robertson - Assistant Secretary
Michael Costa - ACTU Delegate
John Robertson - ACTU Alternate Executive Delegate
Michael Costa - ACTU Congress Delegate
John Robertson - ACTU Congress Delegate
The Returning Officer declared all positions elected unopposed.
The Acting Secretary, Com. M. Costa, moved:-
"That the report be received."
Com. B. Riordan seconded.
CARRIED
The Acting Secretary, Com. M. Costa, moved:-
"That the report be adopted."
Com. I. West seconded.
CARRIED
COUNCIL ADJOURNED AT 6.53 P.M.
SPECIAL MEETING:
SALE OF LABOR COUNCIL SHARES IN 2HD
Com. M. Costa moved the motion of sale of 50% of Labor Council shares in 2HD (including New FM) in accordance with the Notice of Motion given at the Council meeting on 14th May, 1998.
The Motion was:
"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 6.00pm on Thursday, 18th June, 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(3) 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 18th June, 1998, Com. Sams would appoint to take place on Thursday, 23rd July, 1998."
In speaking to the motion, Com. M. Costa, advised that the sale involved the purchase of a 49% stake in 2HD by the Prime network. Labor Council would sell down its stake in 2HD by 50%. A shareholder agreement would ensure the continued majority shareholding to the ALP and Labor Council while providing professional management input from the Prime network.
He further advised that there were no details available of the proposed restructure of the Station and that there would be consultation with the management of 2HD to ensure that staff were treated properly in any of the ongoing developments at the Station.
Com. M. Costa said the return to the Council on its sale of the shares is $638,000, in addition there would be a restructure of the 2HD loan account which would allow Council to contribute $140,000 to the ALP for the upcoming federal and state election campaign.
Com. V. Herman seconded.
The Motion was CARRIED in accordance with the rules.
SPECIAL MEETING CLOSED AT 6.56 P.M.
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