Meeting held : 06 August 1998
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
LABOR COUNCIL MEETING MINUTES
MEETING HELD 6TH AUGUST, 1998 IN THE
TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6.04 P.M.
PRESENT:- M. Costa (Secretary), J. Robertson (Assistant Secretary), M. Lennon, G. Gregory (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. B. Hawkins 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 J. Venamore.
From Textile Clothing & Footwear Union of Australia - appointing D. Tozer, P. Jones in place of B. Jenson, B. Tubner.
Moved and seconded:-
"That the credentials be received
and the delegates welcomed."
APOLOGIES:
Apologies were received and accepted from: N. Steer, S. Moait, J. Hennessy, B. Johnson, B. Sexton, J. Merchant, R. Collison.
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Construction Forestry Mining & Energy Union, Construction & General Division - advising Labor Council that today was the 53rd anniversary of the use of the first atomic bomb on Hiroshima. The Union requested that Labor Council and its affiliates endorse a resolution remembering the deaths of over 200,000 residents of Hiroshima following the use of the first atomic weapon on that city on this day in 1945 and called upon all Labor Council affiliates to endorse, publicise within their organisations, and actively participate in the upcoming Hiroshima Day Rally. This is to be held on Saturday, 8th August, 1998, commencing at the Archibald fountain in Hyde Park.
Further, it sought an end to mining at Jabiluka uranium mine and as a mark of respect and in memory of all those killed and affected by the use of nuclear weapons, that there be a minute's silence.
Com. Costa moved Executive Recommendation:
"That the correspondence be received, Labor Council endorse the Hiroshima Day Rally and consult with affiliates with members in uranium mining on the proposal contained in the correspondence."
Com. D. Sherringham seconded and spoke to the resolution.
Com. C. Bosworth spoke in support.
CARRIED BY DELEGATES OBSERVING A MINUTE'S SILENCE
2. From The Environmental Health and Building Surveyors' Association of New South Wales - advising that in 1996, Secretary Peter Sams had met with the Local Government and Shires' Association and Local Government Unions where Labor Council had lent its support in pressing the New South Wales Government to set up a separate workers' compensation scheme for local government. The Association said that the issue had not progressed for the past two years and requested that Labor Council reiterate the support provided by Peter Sams.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and referred to the Labor Council's Occupational Health and Safety and Workers' Compensation Committee."
Com. C. Hodges seconded.
CARRIED
3. From the National Union of Workers, New South Wales Branch - advising Council of the current situation with the ongoing dispute at Davids Holdings. The Union advised that they had met with the company on Monday, 3 August, 1998, with no resolution to the dispute. Davids Holdings claimed 50 people had been terminated and were now seeking, in proceedings before the Supreme Court of New South Wales, that the Union was in contempt. The Union thanked a number of unions and the Labor Council for their moral and financial support.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council continue to assist the Union in this dispute."
Com. A. Joseph seconded and spoke to the resolution.
Com. B. Robson spoke in support.
CARRIED
4. From the Trades and Labor Council of Western Australia - thanking Labor Council for its prompt response and support concerning the proposed fourth wave of industrial legislation in Western Australia. The Trades and Labor Council advised that it was currently engaged in public positioning over the issue and it remained unclear whether the State Government would engage, particularly given the impending Federal election. It requested that appreciation be communicated to Labor Council's affiliates for their support.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and circulated to affiliates for their information."
Com. W. Wooldridge seconded.
CARRIED
5. From the Joint Committee on Corporations and Securities - advising Labor Council of an Inquiry into Law Regulating Industrial Relations and/or corporations. The Committee said there may be a need for further reform so that the following issues were dealt with adequately and appropriately:
- the trend for companies to declare themselves insolvent in order to avoid paying employees their legitimate entitlements or in order to avoid meeting their obligations to creditors;
- the trend to use shell companies to avoid the normal contractual obligations arising from the employer/employee relationship or with creditors;
- protecting workers' entitlements in the transmission of businesses;
- corporate avoidance or evasion of Workplace Relations Act protections;
- protecting workers' entitlements in circumstances of privatisation or contracting out;
- protecting against manipulation of corporate structures to avoid employee rights and entitlements and creditors' rights and entitlements;
- protection for workers employed by insolvent employers;
- the interrelationship between the Corporations Law, the Workplace Relations Act and awards and industrial agreements; and
- minimising the adverse effects on employees of insecure employment forms.
The Committee invited Labor Council to submit any views on the above terms of reference by 14 August, 1998.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council liaise with the ACTU and affiliates to prepare a submission to the inquiry."
Com. L. Darnley seconded.
CARRIED
6. From the Transport Workers' Union of Australia - requesting Labor Council support its campaign against the GST. The Union said this tax would have a particularly devastating impact on transport workers who owned and operated their own vehicles. It attached a Bulletin, which had been authorised by the Transport Workers Union, outlining the effect the Howard Government's planned GST would have on owner driver businesses.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council offer its support to the union's campaign against a GST."
Com. R. Tripodi seconded.
CARRIED
7. From the Campaign Against Racism - thanking Labor Council for its help and support which made the Anti-Racism Rally, on 1st August, 1998, such a success. It was estimated that 3,000-4,000 attended the Rally which indicated that the campaign was maintaining momentum. The Campaign Against Racism said it would advise Labor Council when a decision was made on another rally.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council continue to develop material and information for affiliates dealing with growing intolerance in the workplace."
Com. A. Peters seconded.
CARRIED
8. From The Association of Professional Engineers, Scientists and Managers - advising Council of an award negotiated with TransGrid which provided for an enterprise agreement to be negotiated for senior employees within the organisation. The Association said that, to-date, TransGrid had refused to co-operate in the negotiating of an enterprise agreement and were shortly to be corporatised and become a State owned Corporation. The Association sought the assistance of Labor Council in this matter as it was concerned TransGrid may attempt to force senior employees on to individual contracts following corporatisation.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council provide assistance to the relevant unions, as requested."
Com. J. McFadyen seconded.
CARRIED
9. From the Public Transport Union, New South Wales Branch - raising concern about an internal debate that was taking place between the various State Rail business entities, where CityRail was requesting that the Freight Corporation and Rail Services Authority pay $5 million for the provision of employee free pass travel. The Union said it was concerned these charges would jeopardise employees' free travel passes and requested Labor Council make representations to the Minister for Transport, The Hon. C. Scully, MP, guaranteeing that employee free passes would not be affected.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council convene a meeting of transport unions and approach the Minister on this matter."
Com. B. Hayden seconded.
CARRIED
10. From the Commissioned Police Officers' Association of New South Wales - thanking Labor Council for representations which had been forwarded to The Hon. Paul Whelan, MP, Minister for Police, in support of the CPOA's salary claim, and bringing to Labor Council's attention the comments made by His Honour Judge Lance Wright, President of the Industrial Relations Commission of New South Wales, relative to this matter. The Association advised that since such a statement by His Honor Wright, and the transmission of Labor Council's correspondence to The Hon. Paul Whelan, MP, the Police Service had come back with a further offer which fell 3% short of that received by the Police Association of New South Wales. The Association further advised that it would be back in the Commission today and would be holding a Special General Meeting of members to discuss the offer with the rank and file.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council offer further assistance to the Association in their pursuit of a reasonable wage increase."
Com. B. Jardine seconded.
CARRIED
ANNOUNCEMENT:
The Secretary, Com. M. Costa, advised that a meeting had been scheduled for tomorrow, Friday, 7th August, 1998, at 9.00am in the EXECUTIVE BOARDROOM, 9th Floor, LABOR COUNCIL BUILDING, to discuss Labor Council's media strategy.
COUNCIL ADJOURNED AT 6.38PM