Meeting held : 23 July 1998
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 23RD 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), M. Lennon, N. Steer (Executive Officers).
The Secretary, Com. M. Costa, moved:-
"That the minutes as circulated be received."
Com. R. McConville seconded.
CARRIED
The Secretary, Com. M. Costa, moved:-
"That the minutes as circulated be adopted."
Com. A. Lillicrap seconded.
CARRIED
CREDENTIALS:-
For this evening's meeting:
From The Australian Services Union, New South Wales Clerical and Administrative Branch - appointing F. Hancock.
From The Australian Services Union, NSW & ACT (Services) Branch - appointing B. Keeffe in place of J. Piotrowski.
From The Australian Workers' Union - appointing R. McConville in place of G. Livermore.
From Textile Clothing & Footwear Union of Australia - appointing D. Tozer, P. Jones in place of B. Tubner, M. Brown.
Moved and seconded:-
"That the credentials be received
and the delegates welcomed."
APOLOGIES:
Apologies were received and accepted from: S. Moait, J. Piotrowski, J. Hennessy, B. Riordan, G. Donnelly, B. Sexton, R. Collison, J. O'Bourne, L. Darnley, M. Want, J. Garrett, G. Seargant, M. Ellery.
GUEST SPEAKER:
The President, Com. J. Whelan, advised that Dr Sein Win, Prime Minister of Burma, in exile, would be speaking to Council tonight and invited Com. Win to address delegates.
Com. Win thanked the Labor Council and unions for their assistance and support for the democratically elected Burmese Government. He advised Council that the military junta had imposed restrictions on members of the elected Government and those restrictions were limiting movement within, and external to, Burma. He said that 79 of the democratically elected members of the Government had been arrested to-date by the military regime in Burma.
Com. Win sought the support of the international community to achieve the reinstatement of the democratically elected Burmese Government. He indicated that he, and his colleagues, would be grateful for any assistance that could be provided by unions. He said that once the elected Government was reinstated, he would guarantee the protection of workers and the rights for trade unions to organise. Com. Win advised that his Government would seek to stop the use of child labour in Burma.
The Secretary, Com. M. Costa, in thanking Com. Sein Win for his address to Council, said that it was important for democratically elected Government's to be assured of their rightful place in society and that Labor Council would continue to assist the Burmese Government in exile through the provision of office space and resources.
Com. Costa said it was important for all trade unionists that child labour practices be eliminated in Burma.
Com. J. Owen seconded.
CARRIED BY ACCLAMATION
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Police Association of New South Wales - advising of the tragic death of one of their members, Senior Sergeant Ray Smith, as a result of a piece of timber falling from the back of a truck, striking the Officer as he rode his police motorcycle and causing him to collide with a rock wall. The Association believed that the issue of unsecured loads on trucks and other vehicles would be of concern to other affiliates and therefore requested that Labor Council consider forming a working party to look at the Occupational Health Safety issues for affiliates working around vehicles that may have insecure loads.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and referred to a meeting of the Labor Council's Occupational Health and Safety Committee."
Com. G. Derrick seconded.
CARRIED
2. From the NSW Teachers Federation - noting that after representations to the New South Wales Government, by the Labor Council, in relation to proposed child protection legislation, the Federation had been successful in delaying the passage of the legislation so that a proper consultative process could be undertaken. The Union advised that three draft exposure bills had been tabled in Parliament, being:
- Ombudsman Amendment (Child Protection and Community Services) Bill 1998 (No.2);
- Child Protection (Prohibited Employment) Bill 1998 (No. 2); and
- Commission for Children and Young People Bill 1998.
The Federation said it had a number of serious concerns in relation to this proposed legislation and requested that Labor Council continue to assist in terms of achieving legislation which will protect children but not deny workers legal and industrial rights. The Federation further requested that Labor Council convene a meeting of affiliates to discuss the legislation and a meeting with Government representatives to discuss its concerns.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council arrange the meetings requested by the Teachers Federation."
Com. J. Lemaire seconded and spoke to the resolution.
CARRIED
3. From the New South Wales Nurses' Association - advising Labor Council of the restructure of Wohl Management Group which was causing the Association continued concern. The Union said the Group had established new corporations in four of its six aged care facilities, and is proposing to 'transfer' all Assistants in Nursing and Enrolled Nurses employed in those facilities into the new corporations established exclusively for this purpose. The Union said that it had been advised by WMG's Chief Executive Officer that these corporations had been established "purely to achieve a financial saving for each facility". The Union advised Labor Council that it would monitor this situation closely and would keep Labor Council fully appraised of any significant developments.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council liaise with the Nurses' Association on ways in which it might assist in this matter."
Com. B. Holmes seconded.
CARRIED
4. From the Australian Services Union - NSW & ACT (Services) Branch - regarding a Bill which had proceeded through the New South Wales Parliament titled the Superannuation Legislation Amendment Bill 1998. The Union raised its concern that although the Bill had been assented to by the Governor, the bureaucrats are now talking about later dates of proclamation for certain purposes/sections that had not been discussed and were not part of its understandings. The Union advised that certain members who were now due to be made redundant may be severely disadvantaged if the proclaimed dates become operative from later in the year. The Union said that during negotiations certain operative dates had been discussed and it was expected that those commitments be met. The Union requested Labor Council's urgent assistance to ensure that employees in this situation were not disadvantaged.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council approach the Premiers Department, as a matter of urgency, in relation to the matters raised."
Com. T. Naylor seconded.
CARRIED
5. From the Shop, Distributive & Allied Employees' Association - advising that the Howard Government is proposing to campaign on the introduction of a goods and services tax in the lead up to the next federal election. The Association said that it had commenced a campaign to strongly oppose the introduction of such a tax and attached a copy of a leaflet currently being distributed to members which was designed to detail the concept of a goods and services tax and articulate the reasons why it should be opposed.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council congratulate the SDA for its early response to the GST. Further, that Labor Council convene a meeting of affiliates to consider the development of material in the lead up to the federal election."
Com. M. McTigue seconded.
CARRIED
6. From the NSW Department of Health - advising that it had received representations from various CEOs and management staff concerning equity in the gradings of management positions in Area Health Services. The Department advised that at a recent Senior Executive Forum the Director General had indicated that the Department would be undertaking a review of the grading of senior management positions in Area Health Services to explore a consistent and sustainable approach.
The Department further advised that it intended to use Cullen Egan Dell (CED) Consultants to lead the review who were the public sector wide provider of job evaluation services of SES positions. CED would use their extensive knowledge of the Department and area health services, their accredited job evaluation system and REMS information system to arrive at a set of final recommendations regarding the positions. The Department said it would keep the Labor Council informed on progress with the review.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and circulated to Health Unions for their information."
Com. B. Holmes seconded.
CARRIED
7. From the Musicians' Union of Australia, NSW District - advising that a new Secretary had been elected to the Union, Com. Shirley Smith, and that she had been actively engaged in a campaign to rebuild the Branch. The Union stated its concern at the demise of professional musicians in what was the music capital of Australia and said it looked forward to working closely with the Labor Council in regenerating the membership of the Branch and stamping out the exploitative practices which existed. The Union requested that Labor Council convene a meeting with the Minister for Industrial Relations, The Hon. J. Shaw, QC, MLC, and other relevant bodies.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and referred to a meeting of entertainment industry unions."
Com. S. Smith seconded and spoke to the resolution.
CARRIED
8. From The Australian Workers' Union - advising that jockeys in New South Wales were deemed workers under Schedule 1 of the Workers Compensation Act, 1987 and specifically that the Act proclaimed the racing club where a jockey was riding was the employer for the purposes of workers compensation insurance. The Union said that a loophole in the legislation existed when jockeys were working with horses off course, a practice which occurs regularly in the industry, and advised that two New South Wales jockeys had been injured, on private race tracks and in rivers swimming horses, where the race clubs had denied liability for compensation. The Union requested that Labor Council convene a meeting with the Industrial Relations Minister's office to investigate amending the Workers Compensation Act to cover such frequently occurring situations.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and referred to Labor Council's Occupational Health & Safety Committee and if appropriate, seek a meeting with the Minister for Industrial Relations with a view to having the issue addressed."
Com. P. Lee seconded.
CARRIED
REPORTS:
1. NUW - DAVID HOLDINGS DISPUTE
The Secretary, Com. M. Costa, reported to Council on the activities currently taking place at Davids Holdings and the approach of the Company in the negotiations. He advised that the Company's approach had not been one that appeared to be based on seeking a resolution of the matters currently in dispute.
Com. Costa further advised that the Company appeared to be obsessed with the introduction of casuals as a means to undermine the role of the National Union of Workers. He said that the Company had now terminated some 49 employees and refused to reinstate those workers.
Com. Costa urged affiliates to continue to support the National Union of Workers in their struggle for wage justice.
The Secretary, Com. M. Costa, moved:
"That the report be received."
Com. D. Meahan seconded.
CARRIED
The Secretary, Com. M. Costa, moved:
That the report be adopted with the recommendation encouraging affiliates to continue to give all lawful assistance to the National Union of Workers."
Com. A. Joseph seconded and spoke to the resolution.
CARRIED
2. WATERFRONT FAMILY SUPPORT TRUST FUND
Former Vice President and Trustee of the Waterfront Family Support Trust Fund, Com. Lynne Poleson, reported to Council that herself, the President, Com. J. Whelan and Financial Controller, Jeff Priestly, had met regularly since the establishment of the Fund. She advised Council that a total of $138,000 had been raised by affiliates and presented a further cheque of $40,000 to Com. Robert Coombs of the MUA.
Com. Poleson advised that whilst the dispute was not quite finalised, there was a need for the establishment of a fighting fund for the broader trade union movement to deal with issues similar to those that have confronted the MUA. Particularly, she said, in relation to attempts by companies to implement corporate restructuring and leaving workers employed in companies with minimal, or no assistance to ensure their entitlements.
The Secretary, Com. M. Costa, moved:
"That the report be received."
Com. S. McGrath seconded.
CARRIED
The Secretary, Com. M. Costa, moved:
"That the report be received."
Com. R. Coombs seconded and spoke to the resolution.
CARRIED
COUNCIL ADJOURNED AT 7.04PM
LABOR COUNCIL SPECIAL MEETING MINUTES
MEETING HELD 23RD JULY, 1998 IN THE
TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 7.05 P.M.
SALE OF LABOR COUNCIL SHARES IN 2HD
The Secretary, Com. M. Costa, first noted that in accordance with the Rules, Labor Council had, at two previous meetings of Labor Council held on the 18th June, 1998, and 14th May, 1998, approved the sale of half of the Labor Council shares in 2HD, and then moved the following resolution:
"That in accordance with Rule 45(d) of the Labor Council's Rules, Labor Council 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."
Com. V. Herman seconded.
The President, Com. J. Whelan, declared that the Motion was CARRIED in accordance with the rules.
SPECIAL MEETING CLOSED AT 7.06PM
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