Meeting held : 02 July 1998
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 2ND JULY, 1998 IN THE
TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6.05 P.M.
PRESENT:- M. Costa (Secretary), J. Robertson (Assistant Secretary), G. Gregory, N. Steer (Executive Officer).
The Secretary, Com. M. Costa, moved:-
"That the minutes as circulated be received."
Com. J. Merchant seconded.
CARRIED
The Secretary, Com. M. Costa, 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.
From Textile Clothing & Footwear Union of Australia - appointing K. Price in place of J. Owen.
APOLOGIES:-
Apologies were received and accepted from: M. Lennon, S. Moait, B. Jardine, M. McTigue, G. Donnelly, J. Garrett, A. Ferguson.
APHEDA RAFFLE DRAW:
The President, Com. J. Whelan, drew the APHEDA raffle. The winner was Mrs Bev Whitehouse (Ticket No. 080869) from Penguin, Tasmania. APHEDA's Fund Raising Officer, Peter Jennings, advised Council that nearly $69,000 was raised through the raffle.
EXECUTIVE BUSINESS
CORRESPONDENCE:
1. From the Australian Services Union, New South Wales Clerical and Administrative Branch - advising Labor Council that at a recent meeting of the ASU National Women's Consultative Committee the issue of the marginalising of workers, particularly women, through part-time, casual or temporary work had been discussed.
The Union said that whilst recognising that the availability of such employment was welcomed by some workers, it must be ensured that these were not the only options available. The Union suggested that strategies should be developed to ensure that the 'equal pay for work of equal value' principle is applied to the rates of pay for temporary, part time and casual workers. The Union requested that Labor Council take every step necessary to preserve full time positions and ensure that such positions were made available to all employees.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and referred to a meeting of affiliates to develop appropriate strategies that seek to address the inequities identified by the Union."
Com. J. Bennett seconded and spoke to the resolution.
CARRIED
2. From the Police Association of New South Wales - advising Labor Council of recent incidents where Police had been required to enter the underground rail system to pursue offenders and to investigate the discovery of suspicious parcels. The Association said that on such occasions, and at the absence of standard procedures for such incidents, State Rail Authority employees had directed that rail activity be stopped whilst members had been within the area. The Association advised that State Rail management had questioned this action as it had inevitably resulted in delays to train services which therefore had presented the opportunity for management to criticise SRA workers. The Association requested Labor Council convene a meeting with all relevant authorities and unions to have a standard operating procedure formulated and implemented to ensure a safe working environment to its members and to also ensure that no criticism be levelled at SRA workers for making safety the first priority in such situations.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council seek to arrange a meeting with the relevant authorities and unions to address the Association's concerns."
Com. P. Remfrey seconded.
CARRIED
3. From the Shop, Distributive & Allied Employees' Association - detailing the facts of a case for one of their members, Ms Josephine Tawadrous, who was employed by Venus International Pty Ltd trading as Follow Us. The matter concerned underpayment of the hourly rate of pay for ordinary time and on public holidays and the nonpayment of laundry allowance or superannuation as prescribed by the Shop Employees State Award. The SDA advised that a claim was lodged with the Chief Industrial Magistrate and a judgement was entered by the Chief Industrial Magistrate against Venus International Pty Ltd on 22nd October, 1997. After nonpayment, a claim was lodged in the local court and following various non appearances by the Company, it advised that they no longer traded and that there were no assets to pay the debt. The SDA advised that they had completed three company searches through the ASC and discovered that the Company was deregistered on 20 April, 1998. The SDA requested Labor Council's advice as to whether there was any further action that might be taken to recover the monies owed and, if not, requested that Council forward the details of the case to the Hon. JW Shaw, QC, MLC, Attorney General and Minister for Industrial Relations, with a view to requesting amendments to relevant legislation to prevent a recurrence of this situation.
Com. Costa moved Executive Recommendation:
'That the correspondence be received and Labor Council approach the Government to develop legislative protection of employee entitlements from unscrupulous employers who go into liquidation leaving workers without access to their legal entitlements."
Com. G. Dwyer seconded.
CARRIED
4. From the Australian Services Union, New South Wales Clerical and Administrative Branch - advising that it was currently pursuing an industrial dispute against Philippine Airlines concerning its foreshadowed closure of their Australian offices. The Union advised that attempts to secure details from Overseas based companies on operations had been difficult as decisions were made in Foreign Board Rooms and implemented in Australia. In cases such as Philippine Airlines, closure occurred with little or no consultation with Australian workers or their unions. The Union requested the assistance of the Labor Council in circulating correspondence to its affiliates requesting for facsimiles to be forwarded to Philippine Airlines in Manila, supporting the union.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council circulate the correspondence to affiliates encouraging them to forward a facsimile to Philippine Airlines in support of the Unions' campaign."
Com. T. Tamplin seconded and spoke to the resolution.
CARRIED
5. From the Australian Manufacturing Workers' Union, NSW Printing Division - advising Labor Council that the Committee against Racism was planning events and rallies against racism. The Union stated that it believed the Committee should be supported in their endeavours. The Union requested that Labor Council endorse and support these activities.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council endorses and supports the events and rallies against racism."
Com. A. Peters seconded.
Com. B. Sexton moved an addendum:
"That Labor Council consider a means to relay worthwhile and successful activities against racism."
Com. Costa accepted the addendum.
CARRIED
6. From the Building & Construction Industry Long Service Payments Corporation - bringing to Labor Council's attention some important changes to the long service payments scheme which had come into effect on 1 July, 1998. The Corporation enclosed a brochure detailing all the changes but wished to immediately advise of some of the major changes, affecting Council's members, as follows:
- Claims can now be paid at rates determined under registered workplace agreements (formerly paid at award rates only).
- Increase in days credited for periods unable to work due to illness or injury from 110 days per year to 220 days per year (still limited to 4 years and only applies for periods after 1 July, 1998).
- Availability of special credits for time spent doing training, volunteer work during a declared emergency, light duties and speculative building work. These credits are only available for periods after 1 July, 1998.
- Workers can now claim on basis of leaving industry with 5 or more years recorded service whether or not part of that service was an apprentice.
- Retirement age has been reduced from 65 years to 55 years.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and circulated to Building & Construction Unions for their information."
Com. A. Sawtschuk seconded.
CARRIED
7. From the Public Service Association of New South Wales - detailing a series of meetings between Labor Council, public sector affiliates and the Government to discuss the implications of service competition policy on superannuation entitlements. The Association outlined a meeting with the Public Sector Management Office (PSMO) and the Premier's Department which addressed a series of issues raised by the Labor Council. The PSMO addressed some of the Council's concerns by presenting a series of actuarial case studies with a series of assumptions. The Association stated that it was of the view that the PSMO/Treasury sponsored actuarial case studies needed to be urgently reviewed by a qualified independent actuary and sought that Labor Council consider retaining the services of an appropriately qualified person.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council convene a meeting of Public Sector unions to consider the PSA's request."
Com. J. Hennessy seconded.
CARRIED
8. From the National Competition Council - advising of a review of Sections 51(2) and 51(3) of Part IV of the Trade Practices Act. The National Competition Council advised that it was undertaking extensive consultation with interested parties and was calling for union submissions to assist in this review.
Com. Costa moved Executive Recommendation:
That the correspondence be received and Labor Council liaise with the ACTU on this matter and the nature of the submission."
Com. B. Plain seconded.
CARRIED
REPORTS:
1. ALP INDUSTRIAL RELATIONS RESCUE PLAN
The Secretary, Com. M. Costa, reported on the 10 Point Rescue Plan prepared by the Federal Labor Opposition.
1. Restoring the IRC's Power
A Labor Government will stop award stripping.
Labor will give the IRC the power to restore all award conditions that have been stripped away.
Labor will ensure that the IRC will not be limited to minimum rates awards and is able to made paid rates awards.
2. Making Awards Comprehensive
Labor will require the IRC to determine secure and decent wages and conditions, not just a minimum safety net.
3. Access to Federal Awards
A Labor Government will remove the barriers that prevent these employees from getting ready access to the Federal award system.
4. Choice for Employees and Employers
A Labor Government will give employees and employers more choice about the types of agreements they can make.
Labor will enable parties to enter into industry wide agreements as easily as they enter into workplace or enterprise agreements.
5. Ensuring Employees are "no worse off"
Labor will abolish the Australian Workplace Agreement (AWA) stream.
A Labor Government will introduce openness and accountability into review of all agreements to ensure employees are no worse off when they enter into agreements.
All agreements will be reviewed by the IRC, in public.
6. Priority to Collective Bargaining
Labor will give priority to collective bargaining over insecure individual contracts.
Employers will be prohibited from offering individual contracts as a condition of employment.
Individual contracts will not be able to displace collective agreements.
Employees will have the right to be represented in collective bargaining by a union.
7. Office of Employment Advocate
A Labor Government will abolish the Office of Employment Advocate.
8. Effective Right of Entry
A Labor Government will provide right of entry provisions that give employees effective access to their union.
9. Resolving Industrial Disputes
Labor will ensure that the IRC has a chance to resolve industrial disputes before the Courts become involved.
Sections 45D to 45EA of the Trades Practices Act will be repealed and replaced by provisions in the industrial relations law which give the IRC a chance to resolve the dispute.
10. Protecting all Workers
A Labor Government will ensure that the protections of the industrial relations system apply to all workers who are employed under contracts wholly or principally for the performance of work.
The Secretary, Com. M. Costa, said that Labor Council should endorse the plan, as a first step, and write to the Opposition Leader, The Hon. K. Beazley, MP, expressing our support for the 10 Point Plan.
The Secretary, Com. M. Costa moved:-
"That the report be received."
Com. J. O'Brien seconded.
CARRIED
The Secretary, Com. M. Costa, moved:-
"That the report be adopted including the endorsement of the plan as a first step and write to the Opposition Leader, The Hon. K Beazley, MP, expressing Labor Council's support."
Com. M. Williamson seconded.
CARRIED
2. PAY EQUITY INQUIRY
Executive Officer, Com. G. Gregory, advised that the Pay Equity Inquiry was now complete having taken evidence from 120 witnesses with over 40 hearing days. Com. Gregory further advised that Labor Council was hoping to get something successful out of the inquiry.
Com. Gregory expressed some concern about the position adopted by a number of employer organisations in their final submission. In particular, she drew Council's attention to the submission put by the Employers Federation and the Chamber of Manufactures, New South Wales, in which they put:
1. The Employers' Federation/Chamber of Manufactures of New South Wales (Industrial) submit that no 'undervaluation' has been demonstrated in any of the chosen comparisons. Consequently, no recommendations can flow from the evidence pertaining to Term of Reference 1.
2. Furthermore, none of the tests and mechanisms used for ascertaining the value of work undertaken by the nominated comparisons have been shown to be inadequate. Consequently, no recommendation can flow from Term of Reference 2.
3. Additionally, we strongly submit that without a finding of 'undervaluation' pursuant to Term 1 and a finding of 'inadequacy' pursuant to Tern 2, there is no need to make recommendations.
4. If the Commission is minded to make recommendations, the Employers Federation/ Chamber of Manufactures of New South Wales (Industrial) proposes the following recommendations:
1. The removal of those provisions in the Industrial Relations Act 1996 which deal with 'pay equity';
2. The restoration of the exemptions for awards and enterprise agreements from the provisions of the Anti-Discrimination Act 1977 as was formerly provided for by sec 54(1)(e) prior to repeal by Act No 28 of 1994 (Sch 4(23)).
Com. Gregory advised Council that the final report should be released in August.
The Secretary, Com. M. Costa, moved:-
"That the report be received."
Com. J. Lemaire seconded.
CARRIED
The Secretary, Com. M. Costa, moved:-
"That the report be adopted."
Com. J. Templeman seconded.
CARRIED
3. APPOINTMENT OF SENIOR INDUSTRIAL OFFICER
The Secretary, Com. M. Costa, reported that Com. Chris Christodoulou, Assistant National Secretary, LHMWU, would be joining the Labor Council on the 17th August, 1998, in the position of Senior Industrial Officer. He would work on secondment from the Australian Liquor, Hospitality & Miscellaneous Workers Union, Joint National Office, for a period of 12 - 18 months, after which the position would be reviewed.
Com. Costa advised affiliates that among other things Com. Christodoulou would co-ordinate cases before the New South Wales Industrial Relations Commission and the Australian Industrial Relations Commission as appropriate; provide advocacy as appropriate, eg, State Wage and Test Cases; co-ordinate Olympics 2000 industrial and recruitment strategies and liaise with, and assist, the Illawarra regional unions.
The Secretary, Com. M. Costa, moved:-
"That the report be received."
Com. V. Herman seconded.
CARRIED
The Secretary, Com. M. Costa, moved:-
"That the report be adopted."
Com. M. Want seconded.
CARRIED
COUNCIL ADJOURNED AT 6.42 P.M.
About Unions NSW
