Meeting held : 09 July 1998
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 9TH JULY, 1998 IN THE
TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6.04 P.M.
PRESENT:- M. Costa (Secretary), J. Robertson (Assistant Secretary), N. Steer (Executive Officer).
The Secretary, Com. M. Costa, moved:-
"That the minutes as circulated be received."
Com. B. Jardine seconded.
CARRIED
The Secretary, Com. M. Costa, moved:-
"That the minutes as circulated be adopted."
Com. W. Hickey seconded.
CARRIED
CREDENTIALS:-
For this evening's meeting:
From The Australian Services Union, New South Wales Clerical and Administrative Branch - appointing F. Hancock.
From New South Wales Nurses' Association - appointing K. Davis in place of G. Davies.
From Textile Clothing & Footwear Union of Australia - appointing D. Tozer in place of M. Brown.
APOLOGIES:
Apologies were received and accepted from: M. Lennon, G. Gregory, S. Moait, L. Darnley, B. King, M. McTigue, J. McGlown, J. Garrett.
GUEST SPEAKER:
The President, Com. J. Whelan, advised that Mr Tas Bull, former Secretary of the Waterside Workers Federation, would be speaking to Council tonight and invited Com. Bull to address delegates.
Com. Bull thanked the President for the opportunity to address Council and spoke about his recently published book "Life on the Waterfront". He indicated the book was modestly interesting and detailed life as a seaman and wharfie up until 1992. He further advised that all royalties from the book would go to the MUA defence fund.
He was offering the book for sale to union members for $15.00 and offered to sign them on the night. Alternatively, the book could be purchased from the MUA for $15.00 or $24.95 at all good book stores.
The Secretary, Com. M. Costa, thanked Com. Tas Bull for his interesting and detailed address to Council and urged all union members to purchase a copy of the book.
CARRIED BY ACCLAMATION
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From The Health and Research Employees' Association of New South Wales - advising that the Association had received an invitation, from the Department of Health, for a representative to be in attendance at the initial working group meeting of the newly formed Service Competition Policy Sub-Committee. The Association said that the initial Sub-Committee meeting had been held at which the H&REA, NSW Nurses' Association and ASMOF had been present and at which the H&REA had raised its concern at the fact that Labor Council had not been represented on this Sub-Committee. The Association advised that it was of the view that the Labor Council should be involved on this Sub-Committee, as it had been actively involved in both the previous Networking Committees and in the current discussions over service competition with the Premier's Department.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council seek to involve itself in the Sub-Committee as requested by the Association, after consultation with Health Industry Unions."
Com. M. Williamson seconded.
CARRIED
2. From the Construction Industry Drug and Alcohol Foundation - requesting that Labor Council provide a letter of reference to accompany a proposal being made, by the Foundation, to the Snowy Mountains Hydro-Electric Authority. The Foundation advised that it was a registered charity with an executive membership from both unions and construction companies and had been working to correct the drug and alcohol problem within the construction industry since 1994. The Foundation said that it had had a 100% success rate with the acceptance of their program and policy on hundreds of sites visited in New South Wales. The Foundation advised that it had now reached the second phase of the program where it needed to raise funds to establish and maintain a rehabilitation facility for industry personnel and their immediate families.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council provide a letter of support to the Foundation in its endeavours to raise funds for a rehabilitation facility."
Com. A. Sawstchuk seconded.
CARRIED
3. From the Transport Workers' Union of Australia - advising of recent reports of a plan by the Environmental Protection Authority (EPA) to reduce noise in Sydney by creating 'quite zones' in urban areas and introducing a ban on non residential traffic on roads leading into designated areas. The Union advised the EPA had claimed this plan was World's Best Practice despite not having consulted many of the people that would be most effected, including the TWU and small businesses. The TWU said that while it supported noise reduction strategies, they must be reasonable and co-ordinated. The Union called on the support of the Labor Council and affiliates to oppose this plan and for the Council to convene an urgent meeting of all interested parties.
Com. Costa moved Executive Recommendation:
"That the correspondence be received, Labor Council support the union in this matter and convene a meeting of interested affiliates.
Further, that Labor Council write to Metropolitan Councils highlighting the need for consultation before implementing a ban on trucks."
Com. A. Sheldon seconded and spoke to the resolution.
CARRIED
4. From Rengo Tokyo, Tokyo Local of Japanese Trade Union Confederation - inviting a Labor Council delegation of four members to Japan to attend their Regional Committee Meeting from 26 - 31 October, 1998.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Rengo Tokyo be advised that the Labor Council four member delegation will consist of Vice President, Michael Williamson; Assistant Secretary, John Robertson; New South Wales Fire Brigade Employees' Union Secretary, Chris Read; and Finance Sector Union of Australia Assistant Secretary, Kirsty Campbell."
Com. A. Peters seconded.
CARRIED
5. From the Trades and Labor Council of Western Australia - attaching a copy of correspondence addressed to Mr Bill Kelty, Secretary of the Australian Council of Trade Unions, advising that the Western Australian Minister for Labor Relations was considering the introduction of yet another wave of industrial relations legislation. The Council sought support from the ACTU and other Trades and Labor Councils against the further erosion of workers conditions and entitlements in Western Australia. The Council advised that Western Australia seems to be the testing ground for draconian industrial relations laws in Australia which sought to establish precedents that have a detrimental effect upon workers generally.
Com. Costa moved Executive Recommendation:
"That the correspondence be received, Labor Council liaise with the ACTU and the Trades & Labor Council of Western Australia on the best means of support against the continued attacks on workers by the Court Government."
Com. J. Merchant seconded.
CARRIED
6. From Roads and Traffic Authority - in relation to Premier's Circular No. 97-66. The RTA detailed tax rulings from the Australian Taxation Office requiring that meal and travel allowances paid to staff be subject to PAYE tax and included as income on group certificates. The RTA further advised that the Premier's Department had sought an exemption from the Australian Taxation Office in respect of overnight accommodation expenses and overtime meal allowances and said that advice was still being awaited. The RTA requested that this information be circulated to the relevant unions.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and circulated to RTA unions for their information."
Com. N. Lewocki seconded.
CARRIED
7. From the Masonry Contractors Association of NSW Inc. - advising of serious concerns the Association had at the absence of licence requirements for bricklaying companies engaged in commercial work. The MCA advised that it was an incorporated association comprising brick and blocklayers who sought that by Government legislation, commercial bricklaying companies be required to hold a licence. The Association outlined some points in support of licensing:
1. The need to licence is at least comparable to the licensing of bricklayers in the domestic market.
2. Fly by night operators in this section of the industry seem to appear and disappear at will. Too often leaving their workforce stranded without pay or other accrued benefits. Also too often neglecting their obligations of Occupational Health and Safety, taxation, superannuation and workers compensation.
The principal contractor then has a problem with a dispute over allegations of liability. Not the least effect is that this section of the industry is brought into disrepute.
The Association requested that Labor Council give consideration to supporting the licensing proposal.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council, in consultation with the building unions, look at progressing this matter with a view to ensuring that workers in this sector are not having their entitlements neglected."
Com. C. Bosworth seconded.
CARRIED
REPORTS:
1. NUW - Davids Dispute
The Secretary, Com. M. Costa, reported on the current state of the National Union of Workers and Davids Holdings dispute. He advised, as per a facsimile received from the Secretary of the NUW, Com. Frank Belan, that at 2.30pm today, approximately 30 workers, who were members of the NUW and employed by Davids Holdings, had been arrested and taken to Blacktown Police Station. He further advised that approximately another 30 had been detained at the site.
Com. Costa indicated that 7 trucks were subsequently taken through the picket line.
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 and the recommendation that Labor Council seek to convene a meeting of the parties to resolve the dispute be endorsed."
Com. C. Livermore seconded.
CARRIED
2. Workers' Compensation Amendment
The Secretary, Com. M. Costa, reported on the Workplace Injury Management Bill, 1998, and advised that the Bill had passed through both Houses of Parliament and will come into effect on the 1st August, 1998.
Com. Costa said that Labor Council will conduct a number of seminars for unions in relation to the changes to the Workers' Compensation Act and that Labor Council had prepared a detailed document outlining the changes which was available on the table at tonight's meeting.
This legislation provided for:
1. The establishment of a permanent Workers' Compensation Advisory Council.
2. Maintaining the current Occupational Health & Safety Council.
3. The formation of Industry Reference Groups as sub groups of the Advisory Council.
Com. Costa advised that Labor Council and its affiliates have been extensively involved in the formation of the proposed working party through the Advisory Council. The working party was constituted from employer and employee representatives at the request of the Interim Advisory Council. An Actuary from Coopers and Lybrand provided advice on data and the WorkCover Scheme issues.
Com. Costa said that several documents had been made available to the Working Party and affiliates during the deliberations. The Working Party has recommended the following Industry Reference Groups be established and forwarded to the Workers' Compensation Advisory Council for consideration.
These proposed groups were:
- Rural
- Construction, Mining and Utilities
- Industrial Manufacturing
- Consumer Manufacturing
- Wholesale and Retail (The Working Party, however, recommended these be split into two separate Reference Groups and the data would support this)
- Transport and Storage
- Government Administration and Education including Police and Fire Brigade
- Health and Community
- Business Services.
Com. Costa said that the Advisory Council believed that the roles and functions of the Industry Reference Groups would be fundamental to the efficient operation of the new WorkCover scheme.
Com. Costa advised that Labor Council would be convening a meeting of all affiliates on 14th July, 1998, at 12.00pm to finalise the Industry Reference Groups. Information relating to this meeting and the Industry References Groups is on the table and more detailed information would be available by contacting Com. Mary Yaager, Labor Council's Occupational Health & Safety & Workers' Compensation Co-ordinator.
The Secretary, Com. M. Costa, said that Labor Council recommends:
1. The appointment of the members of the Interim Advisory Council to the permanent Council:
* Ian West (LHMU)
* Mary Yaager (Labor Council of NSW)
* Andrew Ferguson (CFMEU)
* Sam Moait (NSW NA)
* Steve Hutchins (TWU)
* Kirsty Campbell (FSU) as an alternate for Mary Yaager.
2. The reappointment of the existing members of the Occupational Health & Safety Council.
3. The calling of nominations for the proposed Industry Reference Groups after the Advisory Council finalises the number of Groups.
The Secretary, Com. M. Costa, moved:
"That the report be received."
Com. J. Taylor seconded.
CARRIED
The Secretary, Com. M. Costa, moved:
"That the report be adopted and the recommendation that those on the interim Council be appointed to the Industry Advisory Council be endorsed.
Also the reappointment of existing members of the Occupational Health, Safety & Rehabilitation Council be endorsed.
Com. S. McGrath seconded.
CARRIED
ANNOUNCEMENT:
The Secretary, Com. M. Costa, advised of the rally against racism scheduled for 1.30pm, Saturday, 1st August, 1998, at Hyde Park. He encouraged all affiliates to maximise their attendance so as to send a strong and clear message to those who seek to divide our nation based on race.
Com. B. Sexton, from the NSW Teachers Federation, then advised Council of a rally of the Adult Migrant Education Service to be held on Saturday, 11 July, 1998, from 10.00am, outside the Parramatta AMES, 7 Hassall Street, Parramatta.
COUNCIL ADJOURNED AT 6.36PM
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