Meeting held : 30 July 1998
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 30TH JULY, 1998 IN THE
TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6.07 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. V. Herman seconded.
CARRIED
The Secretary, Com. M. Costa, moved:-
"That the minutes as circulated be adopted."
Com. C. Hodges seconded.
CARRIED
CREDENTIALS:-
For this evening's meeting:
From The Australian Services Union, New South Wales Clerical and Administrative Branch - appointing P. Sekhon.
From New South Wales Nurses' Association - appointing K. Davis in place of J. Venamore.
From Textile Clothing & Footwear Union of Australia - appointing P. Jones in place of J. Isaacs.
Moved and seconded:-
"That the credentials be received
and the delegates welcomed."
APOLOGIES:
Apologies were received and accepted from: G. Gregory, I. West, N. Lewocki, J. Hennessy, G. Dwyer, G. Seargant, M. Ellery, L. Darnley, S. McManus, J. Pitrowski, S. Moait.
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Roads and Traffic Authority - advising Council that as a result of the change of management of the Authority's Vehicle Fleet to StateFleet and Group Audit reviews on the use of motor vehicles, the RTA had reviewed its current arrangements. The Authority attached a copy of the draft Motor Vehicle Policy and Guidelines Manual which was proposed to replace the existing Motor Vehicle Policy. The Authority advised of the major changes to the Policy, which included:
- Long term home garaging to be approved by the Director, Corporate Services.
- Deletion of Award Provision and Operational Efficiency clauses from the Long Term Home Garaging.
- Removal of payment for Long Term Home Garaging.
- Replacement of existing payment rates by staff for the private use of RTA vehicles by the official business and specified journey rates promulgated by the Premier's Department.
- An Insignia Policy had been included-all RTA vehicles must display the RTA insignia on both front side panels (with the exception of salary sacrifice vehicles).
- Inclusion of an External Hire Policy.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and circulated to RTA Unions and public sector unions."
Com. J. Templeman seconded.
CARRIED
2. From the Australian Services Union, NSW & ACT (Services) Branch - attaching a press release which it had issued today regarding Sydney Water and the possible health risks associated with Sydney's drinking water. The Union advised of its concern that the significant reduction in staffing numbers in recent times had led to reduced levels of routine maintenance and other procedures that may have minimised, or eliminated, this risk. The Union sought the support of Labor Council in seeking an urgent meeting with Sydney Water and the Minister for Urban Affairs and Planning, and Minister for Housing, The Hon. C. Knowles, MP, to discuss this issue.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council seek to arrange meetings with Minister Knowles and Sydney Water."
Com. A. Peters seconded and spoke to the resolution.
CARRIED
3. From the Shop, Distributive & Allied Employees' Association - confirming that the Shop Employees' (State) Award received the $14 State Wage Case increase on Tuesday, 28 July, 1998. The Association advised that the employers, led by the Retail Traders Association of NSW, had argued for the $14 to be phased-in over two instalments. The employers application had been comprehensively defeated and the Commission varied the Award by the full $14. The Association thanked Adam Dansie, from the Labor Council, for the detailed work he had put into preparing and presenting his submission. The Association said that the submission was well presented and played a critical part in enabling the SDA to secure the outcome.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and forwarded to Adam Dansie."
Com. G. Donnelly seconded.
CARRIED
4. From the Premier's Department of New South Wales - advising that the Department was currently undertaking a project to develop a Human Resource Management Information System (HRMIS) to provide an employment profile of the New South Wales public sector. The Department said that the Australian Centre for Industrial Relations Research and Training (ACIRRT) had been engaged as a consultant to assist with the development of the HRMIS. The Department sought the support of the Labor Council, believing it would be invaluable in the development of the HRMIS, and requested that a contact officer, from Labor Council, be nominated to liaise with officers from the Department and ACIRRT.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council nominate Executive Officer Gail Gregory as the contact officer."
Com. B. Jardine seconded.
CARRIED
5. From The Health and Research Employees' Association of New South Wales - advising Council that it had been negotiating with the Ambulance Service of New South Wales for appropriate staffing levels for rural New South Wales and that a report had been prepared indicating there was an approximate shortfall of 300 staff in rural New South Wales. The Association said that in order for the community of New South Wales to receive appropriate levels of Ambulance coverage, adequate staffing levels had to be in place.
The Association had written to the Premier, The Hon. B. Carr, MP, and the Minister for Regional Development and Rural Affairs, The Hon. H. Woods, MP, requesting a meeting be held in an attempt to avoid what could amount to a major industrial dispute in rural New South Wales. The Association requested Labor Council be represented at the meetings.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council seek to assist the Union in this matter."
Com. C. Thompson seconded.
CARRIED
6. From the Australian Services Union, New South Wales Clerical and Administrative Branch - requesting Labor Council convene a meeting of affiliates to discuss an application made by the Crushed Stone and Sand Association of New South Wales. The Union advised it was opposed to this application as it had sought to demark the ASU out of the quarry industry. Other Unions affected by the application were the Australian Workers Union, the Metal Workers Union and the Electrical Trades Union.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council convene a meeting of affiliates in the quarry industry."
Com. M. Want seconded.
CARRIED
7. From the Australian Liquor, Hospitality & Miscellaneous Workers Union, Miscellaneous Workers Division - attaching details of the Seniors Economic Forum to be held on Tuesday, 1st September, 1998, at 10.30am in the Lower Sydney Town Hall. The Union requested that Labor Council endorse the Forum and circulate an invitation to all affiliates to attend the meeting where the issues of the Telstra sale and the proposed goods and services tax were to be discussed.
Com. Costa moved Executive Recommendation:
"That the correspondence be received, Labor Council endorse the Forum and details be circulated to all affiliates for their information."
Com. W. Tomlins seconded.
CARRIED
8. From The Maritime Union of Australia, National Office - expressing its deep appreciation for the assistance which had been received from the trade union movement, via the ACTU and the NSW Waterfront Family Support Trust Fund, and a number of unions who had donated directly to the MUA consistently during the length of the MUA dispute with Patricks Stevedores. The Union thanked the Labor Council for the donation of $40,000 and for organising the NSW Waterfront Family Support Trust Fund, which had raised $138,000, for the MUA Defence Fund. The Association said it was aware of the assistance the trade union movement had contributed, not only to get its members back to work, but also the determination to defeat any further attempts to destroy the union movement in Australia.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and circulated for the information of affiliates."
Com. B. Robson seconded.
CARRIED
9. From The Australian Services Union, NSW & ACT (Services) Branch - advising Labor Council that it was a frequent user of the Chief Industrial Magistrates Court for small claims and that changes to the procedures of lodging a small claim appeared to change regularly. The Union said it had been informed that when attempting to lodge a small claim, unless the employer was a company or trading as such, it could not use the Chief Industrial Magistrates Court. This precluded the entire social and community services sector, which was either incorporated or associated, and in turn left a large proportion of the Union's membership without recourse should the employer, employee relationship no longer exist and a claim be outstanding. The Union requested Labor Council's assistance, as a matter of urgency, in clarifying procedures for lodging small claims.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council seek to assist in the clarification of the procedures."
Com. A. Peters seconded.
CARRIED
REPORTS:
1. SASS FSS TRUSTEES
The Secretary, Com. M. Costa, advised that the Public Sector Superannuation Committee Meeting had been held today and had resolved, unanimously, that:
Sandra Moait
Secretary
NSW Nurses Association
Michael Williamson
Secretary
The Health and Research Employees' Association of NSW
Maurie O'Sullivan
President
Public Service Association of NSW
should each be renominated on the FSS Trustee Corporation Board for the term of four years.
With the retirement of Jim Walshe, on 31 August, 1998, the Committee determined that Nick Lewocki, Secretary, Public Transport Union, New South Wales Branch, should be nominated as an employee representative to the Board of the SAS Trustee Corporation, also for a four year term.
Com. Costa thanked Com. Jim Walshe for his work as a trustee over the last 24 years and advised that Com. Walshe had started as a trustee on various public sector funds, including PASS and SASS. For the last two years Com. Walshe had been Chairman of the Police Superannuation Advisory Committee.
Com. Costa said that Com Walshe had given great service to public sector superannuation members, continually seeking to improve their benefits and conditions. He had also been of great assistance to his fellow trustees, particularly as a guide to the many new employee trustees who had crossed his path over the years.
Com. Costa advised that the Public Sector Superannuation Committee had no objections to the reappointment of Tony Daniels as Chairperson of the two Boards. He informed Council that under the legislation, there was a requirement for Labor Council to be consulted on the reappointment of the Chairperson of each of the Boards.
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."
Com. J. Merchant seconded.
CARRIED
2. WORKERS COMPENSATION INDUSTRY REFERENCE GROUPS & LAW & JUSTICE
Occupational Health, Safety and Rehabilitation and Workers Compensation Co-ordinator, Com, M. Yaager, reported to Council on the finalisation of the Industry Reference Groups which was to be forwarded to the Workers Compensation Advisory Council. The Advisory Council members would be advised of Labor Council's nominations. The final proposals were:
Industry Reference Group 1 - Rural
This group would include Agriculture, Fishing, etc, however, it was agreed that forestry and logging be transferred to Consumer Manufacturing.
Industry Reference Group 2 - Construction & Mining
This group would include Construction, Coal Mining, Ore and Gas Extraction, other Mining, Services to Mining. This group would also include Architectural Services and Surveying Services.
Industry Reference Group 3 - Industrial Manufacturing
This group would include Petroleum, Coal, Chemical and associated product manufacturing; Non-Metallic Mineral Product manufacturing; Metal Product manufacturing; Machinery and Equipment manufacturing.
Industry Reference Group 4 - Consumer Manufacturing
This group would include Food, Beverage and Tobacco manufacturing; Textile, Clothing, Footwear and Leather manufacturing; Wood and Paper Product manufacturing; Printing, Publishing and Recorded Media; Other Manufacturing.
Labor Council recommended that this group also include Forestry and Logging.
Industry Reference Group 5 - Wholesale and Retail
This group would include Basic Material Wholesaling; Machinery and Motor Vehicle Wholesaling; Personal and Household Goods Wholesaling; Food Retailing; Personal and Household Goods Retailing; Motor Vehicle Retailing and Services.
Industry Reference Group 6 - Transport/& Storage
This group would include Road Transport; Rail Transport; Water Transport; Air and Space Transport; Storage. Council also recommended that Waste Disposal and Armoured Vehicles be included in this group.
Industry Reference Group 7 - Consumer Services
This group would include Accommodations, Cafes and Restaurants; Motion Picture, Radio and Television Services; Sport and Recreation; Personal Services.
Industry Reference Group 8 - Government Administration and Education
This group would include Government Administration; Universities and TAFE Colleges; Libraries; Museums and the Arts; Police Services and Corrective Centres; Fire Brigade Services.
Industry Reference Group 9 - Health and Community Services
This group would include Health Services; Community Services.
Industry Reference Group 10 - Business Services
This group would include Communication Services; Finance; Insurance and Property Services; Business Services. Exclusions from this group would be Architectural Services; Surveying Services; Armoured Vehicles.
The Working Party was unable to resolve where to allocate the following subdivisions:
Electricity and Gas Supply
Water Supply, Sewerage and Drainage Services.
Com. Yaager advised that Labor Council would be calling for nominations on each of the Reference Groups and circulating the appropriate forms before the end of August, 1998.
Com. Yaager further advised Council that the Law and Justice Inquiry into Workplace Safety had released an issues paper. Labor Council had submitted a comprehensive submission to the Standing Committee which was available on the Website.
Com. Yaager said that Labor Council had prepared a draft response to the issues paper which had been circulated to affiliates for comment.
The Secretary, Com. M. Costa, moved:
"That the report be received."
Com. B. Tubner seconded.
CARRIED
The Secretary, Com. M. Costa, moved:
"That the report be adopted."
Com. M. Thistlethwaite seconded.
CARRIED
3. NATIONAL UNION OF WORKERS - DAVIDS HOLDINGS DISPUTE
The Secretary, Com. M. Costa, reported to Council on the outcome of proceedings in the Supreme Court before Justice Smart in which Labor Council had sought to have the provisions of a subpoena from Davids Holdings on Labor Council struck out.
Com. Costa said that Council had been successful in having three of the six sections of the schedule to the subpoena struck out. The striking out of these three would go some way to ensuring that Council's ability to operate in support of its affiliates during disputes would not be hindered by attempts from employers to subpoena operation material of the Council.
The Secretary, Com. M. Costa, moved:
"That the report be received."
Com. H. White seconded.
CARRIED
The Secretary, Com. M. Costa, moved:
"That the report be adopted."
Com. A. Ferguson seconded.
CARRIED
4. CAMPAIGN AGAINST RACISM
The Secretary, Com. M. Costa, reported that a rally had been organised for this Saturday, 1 August, 1998, by Campaign Against Racism which the Labor Council had endorsed, and encouraged all affiliates to attend. He said that Labor Council would be commissioning focus groups to look at ways and means for dealing with racism in the workplace.
Com. Costa advised that Council was considering a three stage campaign to deal with the issue of tolerance and racism. The first stage being harmony and multi-culturalism, the second being job insecurity and highlighting the reasons why One Nation's proposals are not solutions. The third stage would highlight and focus on the consequences of implementing One Nation's supposed solutions.
The Secretary, Com. M. Costa, moved:
"That the report be received."
Com. P. Lee seconded.
CARRIED
The Secretary, Com. M. Costa, moved:
"That the report be adopted."
Com. J. Lemaire seconded.
CARRIED
ANNOUNCEMENT:
The Secretary, Com. M. Costa, advised of Labor Council's participation in the Womens Expo to be held on Saturday, 1st and Sunday, 2nd August, 1998, at Darling Harbour.
Com. Costa encouraged affiliates to attend.
COUNCIL ADJOURNED AT 6.45PM
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