Meeting held : 13 August 1998
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 13TH AUGUST, 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, G. Gregory, N. Steer (Executive Officers).
The Secretary, Com. M. Costa, moved:-
"That the minutes as circulated be received."
Com. V. Higgins seconded.
CARRIED
The Secretary, Com. M. Costa, moved:-
"That the minutes as circulated be adopted."
Com. P. Lee seconded.
CARRIED
CREDENTIALS:-
For the ensuing year:
From New South Wales Nurses' Association - appointing S. Moait, J. Venamore, K. Davis, Y. Geczy, L. Griffiths, B. Holmes, K. Howell, J. Kiejda, B. McMahon, M. Neilson, T. O'Grady, P. Rasmussen, S. Rea, C. Stanton, K. Sullivan, J. Taylor, R. Whatman, M. Yates.
For this evening's meeting:
From The Australian Services Union, New South Wales Clerical and Administrative Branch - appointing P. Sekhon, F. Hancock.
From The Public Service Association of New South Wales - appointing F. Collins in place of B. Jardine.
From The Textile Clothing & Footwear Union of Australia - appointing P. Jones in place of M. Brown.
Moved and seconded:-
"That the credentials be received
and the delegates welcomed."
APOLOGIES:
Apologies were received and accepted from: S. Moait, B. Jardine, S. McGrath, A. Peters, G. Donnelly, J. Garrett, T. Naylor, A. Ferguson.
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Canadian Consulate General - thanking Labor Council for its correspondence outlining its concerns regarding the use of chrysotile asbestos. The Consul General, Mr Alan Virture, advised of Canada's decision to initiate consultations at the World Trade Organisation for the settlement of the dispute, with France, over the ban of this product. He further advised that the Canadian approach had been supported by international organisations such as the WHO, ILO and OECD. The Consul General said the concerns of the Labor Council had been forwarded to the proper Canadian authorities in Ottawa.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and circulated to all affiliates for their information."
Com. D. Reiss seconded.
CARRIED
2. From the Shop, Distributive & Allied Employees' Association, NSW Branch - attaching a copy of correspondence forwarded to the Director General of the New South Wales Department of Industrial Relations regarding applications by Coles Supermarkets Australia Pty Ltd for Section 78A Exemptions under the Factories, Shops and Industries Act 1962. The Association advised it was less than 9 months since Coles Supermarkets, and other retail companies, were given new exemptions permitting 8.00am to 8.00pm trading on Sundays and that the Company was now seeking further significant extensions of Sunday trading hours. The Association vigorously opposed the applications and requested Labor Council arrange a meeting with the Director General and the Minister for Industrial Relations, The Hon. J. Shaw, QC, MLC, so that its concerns and issues could be fully examined.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council seek to arrange a meeting with the Minister for Industrial Relations, The Hon. J. Shaw, QC, MLC, and the Director General of the Department of Industrial Relations in relation to this matter."
Com. G. Dwyer seconded.
CARRIED
3. From The Australian Workers' Union, Greater New South Wales Branch - raising concerns about the effects that a GST would have upon the living standards of workers in Australia. The Union requested Labor Council convene a meeting of affiliates to fully consider the implication of a GST upon workers and to develop an appropriate response to this issue.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and a meeting of affiliates be convened to consider and develop a response to the Federal Government's proposed tax reform package."
Com. R. Collison seconded and spoke to the resolution.
CARRIED
4. From the Communications, Electrical Plumbing Union, NSW Postal & Telecommunications Branch - advising Council of the national stop work meetings held today, 13th August, 1998, to consider Telstra's latest EBA proposals. The Union said CEPU Telstra members had been frustrated long enough by management tactics which have delayed EBA negotiations and resulted in staff having to wait nearly 2 years for a pay increase. The Union advised that today's mass meeting endorsed a resolution calling on the CEPU's Communications Divisional Executive to launch selected industrial action to ensure employees jobs, wages and conditions are protected. This action would only be necessary if Telstra continued to maintain its hard line and provocative position during the EBA negotiations. The Union requested the support of Labor Council and affiliates during this campaign and said it would keep Labor Council informed on the progress of EBA negotiations as they progressed.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council support the Union in its campaign."
Com. E. Hussick seconded and spoke to the resolution.
CARRIED
5. From the National Union of Workers, New South Wales Branch - concerning the ongoing dispute with Davids Holdings and attaching Davids' latest offer which, although slightly improved, still failed to meet the principal concerns about continued employment for all members and security of terms and conditions of employment. The Union advised that it expected the dispute to continue until a fair and just resolution was achieved and stated the membership remained resolute and committed to ensuring that all members who began the dispute would go back to work together.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council congratulate the NUW on successfully injuncting Davids from sacking members that are on strike.
Further, Labor Council once again calls on Davids to reinstate the 49 sacked workers and bring this dispute to an end."
Com. A. Joseph seconded and spoke to the resolution.
CARRIED
6. From the Minister for Police, The Hon. P. Whelan, MP - referring to Labor Council's correspondence concerning the involvement of police in the industrial dispute between the National Union of Workers and Davids Holdings at Blacktown. The Minister advised that he had noted Labor Council's complaint about the conduct of police and had referred it to the Police Internal Affairs Command.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and circulated to the NUW and the Police Association for their information."
Com. M. Bernadi seconded.
CARRIED
7. From the Olympic Co-ordination Authority - advising the Government had approved the Premier's Department preparing and issuing a set of guidelines to New South Wales public sector agencies regarding the need for them to identify the likely call on their resources during the Olympic and Paralympic Games period. The Authority attached a number of principles to be included in the guidelines and further advised that SOCOG proposed to launch its volunteer recruitment program throughout Australia in 1998. The OCA was looking forward to consulting with the Labor Council and its affiliates regarding the implementation and further development of the guidelines.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council convene a meeting of public sector affiliates."
Com. F. Collins seconded.
CARRIED
8. From the NSW Food Industry Training Council Ltd - advising Labor Council that the Annual General Meeting of the Training Council would be held on 1 October, 1998, and inviting Labor Council to nominate four representatives to the Board of Directors of the Training Council. The Training Council requested that Labor Council forward its nominations by Friday, 11 September, 1998.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council nominate:
Mark Boyd Australian Liquor, Hospitality & Miscellaneous Workers Union,
Miscellaneous Workers Division
Peter McHugh Australasian Meat Industry Employees Union,
Newcastle & Northern Branch
Arthur Casey National Union of Workers, New South Wales Branch
Ron McConville The Australian Workers' Union,
Greater New South Wales Branch
Com. I. West seconded.
CARRIED
9. From the Public Transport Union - Australian Rail, Tram & Bus Industry Union - advising that at its InterCity and Electric Train Drivers Committee meetings, held on 21st and 22nd July, 1998, it had carried resolutions seeking the full support of the Labor Council and ACTU in maintaining members' full superannuation entitlements and to resist government changes which would have a detrimental affect on those entitlements.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council support the union in this matter.
Com. C. Hodges seconded.
CARRIED
REPORTS:
1. New Workplace Injury Management Act 1998
Labor Council's Occupational Health, Safety, Worker's Compensation and Rehabilitation Co-ordinator, Com. Mary Yaager, reported on the new Workplace Injury Management Act 1998. Com. Yaager advised Council that the majority of the provisions within the Act came into effect on the 1st August, 1998. She said the Workplace Injury Management Act 1998 would co-exist with the Workers Compensation Act 1987.
Com. Yaager highlighted the most significant changes being those associated with early intervention and injury management, noting however, that these provisions would not come into effect until the 1st September, 1998. These provisions placed new obligations on insurers and employers to facilitate an early return to work.
Com. Yaager advised employers would now be required to:
- Notify the insurer of a significant injury - a significant injury is where a worker is likely to be off work for more than 7 days.
- Notify insurers of non-significant injuries within 7 days.
- Must comply with obligations imposed on them under an injury management plan.
- Provide suitable employment, unless it is not practicable to do so.
Com. Yaager further reported that there was a new medical model. She said within the new medical model there was a new role for GP's which placed them back into a pivotal position and, ultimately, provided them with greater control of the injured worker's return to work and injury management process. She said that the most significant change from the unions perspective is that insurers would now be required to facilitate a return to work program and this would occur prior to liability being determined. Insurers would also be required to pay the reasonable costs associated with the return to work.
The Secretary, Com. M. Costa, moved:
"That the report be received."
Com. B. Hawkins seconded.
CARRIED
The Secretary, Com. M Costa, moved:
"That the report be adopted."
Com. I. West seconded.
CARRIED
COUNCIL ADJOURNED AT 6.43PM
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