Meeting held : 26 November 1998
Chair of Meeting: The President, Com. J. Whelan
LABOR COUNCIL MEETING MINUTES
MEETING HELD 26TH NOVEMBER, 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, 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. M. McTigue seconded.
CARRIED
CREDENTIALS:
For the ensuing year:
From NSW Teachers Federation - appointing L. Fraser.
For this evening's meeting:
From Australian Services Union, New South Wales Clerical and Administrative Branch - appointing P. Sekhon, D. Margerison, D. Morosini.
From Public Service Association of New South Wales - appointing B. Jardine.
From Textile Clothing & Footwear Union of Australia - appointing S. Davies in place of B. Jenson.
Moved and seconded:-
"That the credentials be received
and the delegates welcomed."
APOLOGIES:
Apologies were received and accepted from: B. Harris, G. Dwyer, A. Peters, L. Darnley, M. Want, J. Hennessy.
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From Senator Steve Hutchins, Senator for New South Wales - advising of his recent appointment to the Australian Senate and therefore tendering his resignation from the Executive, in the General Transport Group, of the Labor Council of New South Wales and his 2KY appointments. The Senator requested that Labor Council pass on his best wishes to the members of the Executive and conveyed his appreciation for being given the opportunity to represent the Transport Workers Union on the peak union body in New South Wales.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Comrade Hutchins be thanked for his contribution.
Further, that nominations for the vacant positions on the Wireless Committee and the Executive, in the General Transport Group, be opened from Midday tomorrow, Friday, 27 November, 1998, and close at 4.00pm on Thursday, 3 December, 1998.
If a ballot is required, it will be conducted on Thursday, 10 December, 1998, between 5.00pm and 6.00pm."
Com. A. Ferguson seconded.
CARRIED
2. From the Textile, Clothing & Footwear Union of Australia - advising Council that the Australian Industrial Relations Commission (AIRC) had listed the award strip back for the Clothing Trades Award for the weeks commencing 7 December, 1998, and 8 February, 1999. The Union said that in the first instance, the AIRC would deal with Clauses relating to wages and conditions of outworkers, and advised that to coincide with the hearing, it and Fairwear had organised a peaceful demonstration outside the Commission on Wednesday, 9 December, 1998, at 9.30am. The TCFUA requested Labor Council announce the demonstration, as well as issuing a media release, in support of retaining the clauses in their entirety.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council encourage all affiliates to attend the peaceful assembly on Wednesday, 9th December, 1998, at 9.30am."
Com. R. McConville seconded.
CARRIED
3. From The Hon. J.W. Shaw, QC, MLC, New South Wales Attorney General - stating that as a result of concerns raised, the Government had agreed to reconsider psychological injury proposals contained within the Victims Compensation Amendment Bill 1998. The Minister said that the Government was considering adding an additional category for psychological injury and this category would be for people suffering a psychological or psychiatric disorder that is moderately disabling. The Minister pointed out the awarding of any claims would still ultimately depend upon the Tribunal, however, he said it was the Government's intention that victims of violent crime would continue to be eligible to claim for compensation, for ongoing psychological injury, which had a detrimental impact on the victim's ability to undertake their day to day activities. Minister Shaw added in relation to medical practitioners who would be responsible for preparing assessments, they would be independent practitioners recommended as a result of their qualifications and experience.
From the Transport Workers Union of New South Wales - congratulating the joint efforts of the Labor Council, the FSU, TWU Officers and the Attorney General in heading off the bureaucracy of the State Treasury and ensuring compensation for victims of crime remained relevant and effective.
From the Finance Sector Union, NSW/ACT Branch - thanking Labor Council and affiliates for their assistance in achieving amendments to the Victims' Compensation Amendment Bill 1998. The Union particularly acknowledged the work of Mary Yaager and the assistance of the Transport Workers Union, the Australian Services Union and the Nurses Association.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council congratulate the Attorney General for ensuring victims of violent crime in the workplace are compensated."
Com. B. Holmes seconded.
CARRIED
SUSPENSION OF STANDING ORDERS:
The Secretary, Com. M. Costa, moved a Suspension of Standing Orders to allow tonight's guest speaker, The Hon. J.W. Shaw, QC, MLC, Attorney General, Minister for Industrial Relations and Minister for Fair Trading, to address Council.
Com. V. Herman seconded.
CARRIED
GUEST SPEAKER:
The President, Com. J. Whelan, welcomed and introduced The Hon. J.W. Shaw and invited him to address delegates.
Com. Shaw reported on the passage of the Dust Diseases legislation through the Parliament. In opening, he pointed out that the use of asbestos continued long after it had been known that it was a cancer causing agent. He said the Government, through changes to the legislation, had been able to address the various problems relating to workers making claims resulting from exposure to asbestos and other fibres.
In particular, Com. Shaw said, the legislation would address the problems of no payment being available to the estate of the workers after their death, would remove the limitations of claims and would improve arrangements for settlement of claims and streamline the claims procedure. He said it also sought to minimise litigation processes and prevent insurance companies from relitigating matters that have already been determined.
In closing, the Minister advised that the Coalition had opposed the changes but the Labor Government was determined to proceed and the passing of legislation should be viewed as a victory for all working people.
In moving a vote of thanks to Minister Jeff Shaw, the Secretary, Com. M. Costa, advised Labor Council had endorsed the package some weeks ago. He said the legislation was a victory for fairness which was a fundamental objective of the trade union movement. Com. Costa said the legislation also addressed inequities for those who pass away and previously would have received nothing for their estate.
In addition, Com. Costa congratulated Jeff Shaw on his appointment to the No. 1 position on the Upper House ticket.
Com. A. Ferguson seconded.
CARRIED BY ACCLAMATION
RESUMPTION OF STANDING ORDERS:
The Secretary, Com. M. Costa, moved a Resumption of Standing Orders.
Com. W. Wooldridge seconded.
CARRIED
4. From the Public Transport Union, Bus Division - advising that next year is the United Nations International year of Older Persons which, the Union believed, was an important year to focus on not only the needs of older Australians, but also the important role they play in the community. The Union said that a number of older people were dedicated unionists during their working life and used the experience they gained, in the trade union movement, in the many and varied voluntary community organisations that advise and lobby government on the needs of older Australians. The PTU stated that so often, this work was unrecognised or even appreciated, but 1999 would give trade unions the opportunity to recognise the contribution that our retired unionists made. The Union suggested that a badge or certificate could be given to retired members, nominated by their unions, in recognition of the invaluable work they now do.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council encourage affiliates to nominate older unionists involved in these activities for a Labor Council Scroll of Honour."
Com. V. Higgins seconded.
CARRIED
5. From the Electrical Trades Union of Australia, NSW Branch - raising concern at a report in the Australian, on 23 November, 1998, that the Australian Chamber of Commerce and Industry (ACCI) was seeking to alter the basis of the 'no disadvantage' test when the Australian Industrial Relations Commission was certifying an enterprise agreement. The Union advised that the ACCI proposal sought to have the federal adult minimum wage used as the wage rate, rather than the relevant award minimum's when applying the test. The ETU said the affect of such an approach would be horrendous and only lead to a further reduction in the living standards of workers in this country. The Union requested Council support the ACTU in its efforts to oppose the position adopted by the ACCI.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council offer its support to the ACTU.
Further, that Labor Council correspond with the ACCI expressing concern with the proposal."
Com. I. Munro seconded.
CARRIED
6. From the Transport Workers' Union of Australia, New South Wales Branch - advising Council of a dispute it had been involved in with Ansett Australia concerning the decision by the airline's management to sell off its catering services, its 'door to door' airfreight division and its regional routes, a decision which had been condemned by the TWU and its members. The Union advised that it was demanding the airline protect the jobs, wages and conditions of its workers during any sale processes, including providing maximum opportunities for redeployment, the continuation of existing EBA wages and conditions and voluntary redundancy options being available at the point of sale. The TWU informed Council that following negotiations today, it had procured, from Ansett Australia, concessions that went some way towards resolving issues between the Union and the airline, but said the campaign for job security was far from over. The Union stated it intended to carry out this campaign with as little disruption to the general public as possible but that industrial action might, at times, be unavoidable in winning important and legitimate ground in this dispute. The Union requested Labor Council, and its affiliates, provide support in this important dispute.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council offer its support to the Transport Workers' Union in its campaign."
Com. A. McDonald seconded.
CARRIED
7. From NSW Teachers Federation - advising that, at a meeting of the Federation's Council on 21 November, 1998, the matter of forest conservation and forest industry restructuring had been considered in which Federation members had carried a strong resolution condemning the Carr Government for its failings in this matter.
The Federation requested Labor Council reconsider its position and stated it was prepared to assist, in any way possible, to see this matter resolved in the best interests of both the environmentalists, who sought to preserve our native forests, and those people who were concerned about the job losses which would result from a curtailing of the current activity in this area. The Union believed that a meeting of all affiliates should be convened in an attempt to progress the matter of forest conservation and forest industry restructuring.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and referred to a meeting of interested affiliates."
Com. B. Sexton seconded.
CARRIED
8. From Transport Workers' Union of Australia, New South Wales Branch - calling upon Labor Council to convene a meeting with The Hon. J.W. Shaw, QC, MLC, Attorney General, Minister for Industrial Relations and Minister for Trading and the General Manager of Regulatory Authority at WorkCover, Mr John Grayson, as a matter of urgency. The Union said the purpose of the meeting was to call upon the WorkCover Authority to develop a series of Codes of Practices for the Transport Industry, as this industry was extremely hazardous and consequently a number of its members had been fatally injured or severely maimed for life. The Union stated it would nominate a number of delegates to participate and assist with the development of these codes.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council arrange the meeting as requested by the Union."
Com. B. King seconded.
CARRIED
9. From The Association of Professional Engineers, Scientists and Managers, Australia - referring to the State Government's current offer to SSS and Police Superannuation members to receive lump sum compensation for transferring from their current scheme to First State Super. The Association requested Labor Council arrange a briefing by appropriate Treasury officials, who were expert in this area, to assist APESMA Industrial Staff to understand the current offer. The Union said it was interested to know what immediate assistance and service might be available to its members through Chifley Financial Services and that Chifley should be in attendance at the briefing by Treasury.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and referred to a meeting of the Public Sector Superannuation Committee."
Com. H. White seconded.
CARRIED
10. From the Australian Council of Trade Unions - advising Council that the Papua New Guinea Government had announced the abolition of all of the industrial institutions, including the office of Industrial Registrar, Arbitration and Conciliation Tribunal Wages Board, and the National Training Council. The ACTU advised that the Papua New Guinea Trade Union Congress had requested that the international union movement urgently convey to the Prime Minister of Papua New Guinea its concerns with this decision. The Trade Union Congress further requested that unions urge the Prime Minister to immediately reverse the decision to abolish these bodies and commit the Government to maintaining each of these organisations with the resources, both financial and staffing, for them to operate effectively.
Com. Costa moved Executive Recommendation:
"That the correspondence be received and Labor Council condemn the action of the Government of Papua New Guinea and write to the Prime Minister of Papua New Guinea calling for the maintenance of all industrial tribunals, as requested."
Com. P. Reid seconded.
CARRIED
COUNCIL ADJOURNED AT 6.38PM
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