Meeting held : 15 October 1998
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 15TH OCTOBER, 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, G. Gregory (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. J. O'Brien seconded.
CARRIED
CREDENTIALS:
For this evening's meeting:
From Australian Services Union, New South Wales Clerical and Administrative Branch - appointing F. Hancock.
From Textile, Clothing & Footwear Union of Australia - appointing K. Price, S. Davies in place of B. Tubner, J. Owen.
Moved and seconded:-
"That the credentials be received
and the delegates welcomed."
APOLOGIES:
Apologies were received and accepted from: J. Hennessy, G. Donnelly, G. Dwyer, B. Sexton, B. Pembo.
QUESTIONS WITHOUT NOTICE:
Com. N. Lewocki, Secretary of the Public Transport Union, asked a question:
"Was the Secretary, Com. M. Costa, aware of the death of 1 employee, and injury of another, employed by Rail Services Australia today?"
He also asked:
"Was the Secretary aware that this was the sixth fatality this year?"
Com. Lewocki further asked:
"Would Labor Council support the PTU request for 15km per hour speed limits near any track maintenance?"
The Secretary, Com. Costa, advised Council that he was not aware of the injuries and deaths of the workers and indicated Labor Council would support the PTU in this matter. Com. Costa requested the PTU pass on condolences to the family of the fatally injured worker.
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Attorney General, Minister for Industrial Relations and Minister for Fair Trading, The Hon. J.W. Shaw, QC, MLC - advising Council that following Cabinet consideration, Mr Anthony Sheldon, Assistant Secretary, of the Transport Workers' Union, had been appointed to the Workers Compensation Advisory Council, due to the withdrawal of the nomination of Mr Steve Hutchins. The Attorney General further advised that Cabinet had endorsed recommendations for the appointment of deputy members of the Advisory Council, as follows:
Ms Linda Alexander (deputy to Ms Sandra Moait)
Ms Kirsty Campbell (deputy to Mr Ian West)
Mr Chris Christodoulou (deputy to Ms Mary Yaager)
Ms Rita Mallia (deputy to Mr Andrew Ferguson)
Mr John McLean (deputy to Mr Tony Sheldon).
Com. Costa moved Executive Recommendation:
"That the correspondence be received and circulated to the successful nominees."
Com. H. White seconded.
CARRIED
2. From the Public Service Association of New South Wales - advising that at its October Central Council meeting, Mr Andrew Joseph, Assistant Secretary of the National Union of Workers, gave a comprehensive report regarding the ongoings of the Davids Holdings' dispute. The Association advised that the following motion was passed at the meeting:
"That Central Council reiterate its support for the NUW members in the Davids Holdings dispute.
That we note similarities between this dispute and the recent MUA/Patrick dispute.
That we call on Labor Council of NSW, that if Frank Belan or any other unionist is gaoled for contempt, that industrial action be organised on a State-wide basis until they are freed.
Further, that we donate $500.00 to the dispute."
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council call on Davids to cease the contempt proceedings against the NUW and negotiate a settlement to this dispute."
Com. P. McLeay seconded.
CARRIED
3. From the Premier of New South Wales, The Hon. B. Carr, MP - attaching a copy of the Government's policy on the Role of the NSW Public Sector in the 2000 Olympic and Paralympic Games Volunteer Program. The Premier advised that the policy and guidelines had been developed following consultation with representatives of Labor Council, Government agencies and the Sydney Organising Committee for the Olympic Games. The Premier expressed his appreciation to Labor Council and participating unions who assisted the Premier's Department, and the Olympic Co-ordination Authority, in the development of the policy and guidelines. He further advised that he had written to the Prime Minister, other State Premiers, Territory Chief Ministers and the Presidents of the Local Government and Shires Associations of New South Wales recommending the policy and guidelines be adopted by their government agencies and affiliated organisations.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and circulated to all affiliates for their information."
Com. B. Jardine seconded.
Com. C. Christodoulou supplemented with a brief report.
CARRIED
4. From The Australian Workers' Union - requesting Labor Council convene an all parties conference to discuss issues relating to the provision of transport and car parking facilities at the Homebush Bay Olympic Park for the workforce engaged on that site on a day-to-day basis. The Union said that a large proportion of the workforce employed at the venues are engaged on a casual basis and over a very wide spread of hours, seven days a week. The AWU advised that the Olympic Games Co-ordination Authority had foreshadowed plans to change parking fees for all non-accredited vehicles on site and given that public transport was not anticipated to provide 24-hour service to the site, except for major events, workers would have a proportionately large cost further imposed on them by way of the anticipated parking charges. The Union stated that Council's assistance with this matter would be greatly appreciated.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council assist the unions, as requested."
Com. G. Livermore seconded.
CARRIED
5. From the Police Association of New South Wales - advising Council of proposed changes to Workers Compensation arrangements for police officers employed after 1 April, 1998. The Association advised that the Minister for Police, The Hon. Paul Whelan, MP, had adopted recommendations from a working party report to remove inequitable workers compensation arrangements that had been introduced by the former Greiner Government. The Association said the changes provided additional compensation for members employed after 1 April, 1998, who were killed or incapacitated. The Association further advised that the Minister would consider making retrospective payments to the families of those officers killed on duty, and to those exited as a result of being exposed to special risks since 1988. The Police Association said that it greatly appreciated the initiatives as they served to provide tangible recognition by the Government of the dangerous job police are expected to perform. The Association requested Council consider a motion congratulating the Minister, and the Government, for this important reform.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council congratulate the Minister for Police, and the Government, for implementing proper workers compensation benefits for police.
Com. J. Merchant seconded.
CARRIED
6. From the Electrical Trades Union of Australia, NSW Branch - advising of the resignation of Mr Col Harris, as an Organiser of the Union, who was Labor Council's representative on the Hazardous Chemicals Advisory Committee. The Union said that both it and Mr Harris believed it was inappropriate for him to continue on the Committee and therefore requested Labor Council advise the Minister for the Environment, The Hon. P. Allen, MP, of the decision and take the necessary steps to appoint another officer to the Committee.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council nominate ETU Organiser, Mr Steve Robinson, to the Committee.
Further, Labor Council formally thank Mr Col Harris for his contribution on the Committee."
Com. R. Smith seconded.
CARRIED
7. From the Construction, Forestry, Mining & Energy Union, Construction & General Division - advising Council of the decision, this week, by the New South Wales Court of Appeal, in which sentencing guidelines were established for culpable driving convictions and the announcement by the Attorney General and Minister for Industrial Relations, The Hon. J.W. Shaw, QC, MLC, that the State Government intends on passing legislation to allow the Court of Appeal to set sentencing guidelines for criminal matters. The Union advised that it believed sentencing guidelines for the Industrial Relations Commission in safety prosecutions are needed as its sentencing practices were far from clear, consistent or satisfactory. The Union requested that Labor Council approach the Government to ensure the new legislation also provide the Attorney-General with the power to make a sentencing guideline reference to the Industrial Relations Commission in respect to OH & S prosecution penalties.
Com. Costa moved Executive recommendation:
"That the correspondence be received and Labor Council seek to meet the Attorney General, The Hon. J.W. Shaw, QC, MLC, to discuss the development of sentencing guidelines for OH&S prosecutions."
Com. D. Reiss seconded and spoke to the resolution.
CARRIED
8. From the Communications, Electrical, Plumbing Union, NSW Postal & Telecommunications Branch - seeking the support and assistance of Labor Council in relation to an ongoing series of disputes between the CEPU and Australia Post. The Union advised Council that enterprise bargaining negotiations between Australia Post and the CEPU had broken down following numerous attempts by Australia Post to attack long standing conditions and rights of its members. The Union further advised that Australia Post was embarking on a major restructure which involved the introduction of new technology that will see a substantial loss of jobs. Rather than introducing the changes in a sensible and co-operative manner, Australia Post had chosen confrontation to restructure the business, using the full force of the Workplace Relations Act, to strip back award conditions. The Union said, for the first time in history, its members were being asked to implement massive technological change and instead of being rewarded, were being asked to accept cut backs to pay and conditions. The Union further advised of meetings to be held of union representatives and its Divisional Executive to consider a major industrial campaign which it said would be comprehensive and have national implications. The CEPU said that the industrial harmony enjoyed by Australia Post for the past 15 years was about to come to a sudden end and that industrial peace requires both sides to act fairly and in good faith.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council offer its support and assistance to the Union.
Further, Labor Council calls on Australia Post to negotiate with the Union, rather than act in a confrontational manner, to implement technological change."
Com. J. Metcher seconded and spoke to the resolution.
CARRIED
9. From the Australian Services Union, New South Wales Clerical and Administrative Branch - attaching three articles from today's Sydney Morning Herald associated with the matter between the Australian Taxation Office and Mr Kerry Packer. The Union identified a number of points from the articles including comments from:
- the Australian Tax Payers Association that ordinary tax payers pay almost 600 times more in tax than Mr Kerry Packer; and
- the Australian Tax Payers Technical Director, Ms Barbara Smith, that it was outrageous that the tax office allowed Mr Packer to pay just $30 in personal tax for three years, while a court sanctioned a cut in his company tax bill from up to $260 million to just over $25,000 for three years.
The Union advised that the articles revealed where the real tax reforms should be focused, and that was eliminating loop holes in tax laws to allow the extremely rich to minimise tax, not introducing a GST on food. The Union requested Labor Council strongly support the comments made by Opposition Leader, The Hon. K. Beazley, MP, and correspond with him and the Prime Minister setting out Labor Council's position on tax reform.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council call on the Prime Minister o implement equitable tax reforms that ensure incidents of tax minimisation and avoidance, such as that highlighted by the ASU, cease.
Further, that Labor Council write to Kim Beazley offering support for his position on this matter."
Com. M. Want seconded and spoke to the resolution.
Com. B. Sexton, NSW Teachers Federation, spoke and moved an addendum:
"That Labor Council inform affiliates and encourage them to raise these tax avoidance's with their members requesting them to complain to their Federal MP's about the tax loopholes."
Com. J. McFadyen seconded.
CARRIED
10. From the Electrical Trades Union of Australia, NSW Branch - expressing concern at an enterprise agreement which was recently registered in the Australian Industrial Relations Commission between Fluor Daniel and the Maritime Union of Australia. The Union advised it was concerned that employees were not appropriately consulted prior to the making of this Agreement, which had resulted in a number of ETU members being financially disadvantaged. The ETU requested that Labor Council convene a meeting of affiliates to discuss this issue, in an attempt to resolve the problems.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council convene the meeting, as requested."
Com. W. Wooldridge seconded.
CARRIED
REPORT:
1. Dust Diseases Board Nominations
The Secretary, Com. M. Costa, reported to affiliates that it was the intention of Labor Council to nominate the following Doctors to the Dust Diseases Medical Authority:
Dr. Kaye Foster Member
Dr. Michael Byrnes Deputy Member
Dr. Ian Gardiner Deputy Member
However, Com. Costa reported Dr. Foster had advised Labor Council that while she was honoured to be nominated as our representative on the Dust Diseases Medical Authority, she had reconsidered and wished to decline. Com. Costa said the reason Dr. Foster had reconsidered the nomination was on the basis that she was of the view there could be a conflict of interest between this role and her current role, which was to provide independent medical opinions on behalf of workers with asbestos related conditions.
Com. Costa reported, therefore, that Labor Council recommend the following Doctors be appointed as our nominees:
Dr. Michael Byrnes Member
Dr. Ian Gardiner Deputy Member
Dr. Paul Despas Deputy Member.
Com. Costa moved Executive Recommendation:
"That the report be received."
Com. T. O'Grady seconded.
CARRIED
Com. Costa moved Executive Recommendation:
"That the report be adopted."
Com. R. Collison seconded.
CARRIED
ANNOUNCEMENTS:
The Secretary, Com. M. Costa, advised that the MUA would be holding a Thank You Celebration this Sunday, 18 October, 1998, from 11.30am to 4.00pm, at the Boomerang ITF Seafarers Club, 84a Wentworth Avenue, Mascot. Com. Costa said it was an opportunity for the MUA to extend hospitality and appreciation to all those who helped achieve the major victory in defence of the MUA and the trade union movement. Com. Costa encouraged all affiliates to attend.
The Secretary, Com. M. Costa, advised that a revised version of the 1991 National Pay Equity Coalition's posters was being distributed at tonight's meeting and if affiliates wanted further copies, they should contact The Women's Equity Bureau (WEB), NSW Department of Industrial Relations, PO Box 847, Darlinghurst, NSW, 2010. Phone: (02)9243 8786, Fax: (02) 9243 8787.
The Secretary, Com. M. Costa, advised affiliates that ABC Radio National would be presenting a special documentary on Sunday, 25 October, 1998, at 2.10pm, to mark the 25th Anniversary of the opening of the Sydney Opera House. Com. Costa said the program was based on interviews with various workers on the job during construction, such as union officials Joe Owens, Tom McDonald and Jack Mundey. He encouraged all affiliates to tune-in to hear the grass-roots view of what the job was like, the controversy that surrounded them, the Accident Pay dispute and much more.
COUNCIL ADJOURNED AT 6.51 PM
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