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Minutes

Meeting held : 12 October 2006

Chair of Meeting: The President, Comrade. Sandra Moait

Location of the meeting : Trades Hall Auditorium, 4 Goulburn St Sydney

UNIONS NSW MEETING MINUTES
MEETING HELD THURSDAY 12TH OCTOBER 2006
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:03 PM

The President Com. S. Moait occupied the Chair.

PRESENT: -M. Lennon [Assistant Secretary], M. Thistlethwaite, A. Peters (Deputy Assistant Secretaries).

MINUTES: -
The Acting Secretary, Com. M. Lennon moved: -

"That the minutes as circulated be received".

Com. F. Barnes seconded.
CARRIED

The Acting Secretary, Com. M. Lennon moved: -

"That the minutes as circulated be adopted".

Com. S. Bali seconded.
CARRIED

CREDENTIALS

From The Textile, Clothing & Footwear Union of Australia, NSW Branch appointing:- H. McNabb in place of B. Tubner and H. Nguyen in place of J. Owen.

The Acting Secretary, Com. M. Lennon moved: -

"That the credentials be received and the delegates welcomed".

Com. S. Bali seconded.
CARRIED

APOLOGIES

Apologies were received and accepted for: - J. Robertson, C. Christodoulou, J. Kiejda, M. Thomson, A. Ferguson, M. O'Halloran, G. Dwyer, B. Smith and C. O'Sheades.

The Acting Secretary, Com. M. Lennon moved: -

"That the apologies be received and accepted".

Com. M. Want seconded.
CARRIED

EXECUTIVE BUSINESS
CORRESPONDENCE

1. From the Liquor, Hospitality and Miscellaneous Union, NSW Branch:- advising Unions NSW that they had become aware of a matter currently proceeding before the Chief Industrial Magistrate's Court in which the Law Society and the Bar Association are both intervening on two grounds. The Union said that the basis of the intervention was whether an industrial advocate had the Right of Appearance and the right to seek costs for a successful client. The Union understands that the basis of the argument is that Industrial Advocates (including Unions) don't have the legal right to engage in any legal work in accordance with the provisions of the Legal Professions Act 2004. They said that this matter could have consequences for their union and other affiliates who have internal advocates. The Union sought the assistance of Unions NSW in clarifying this matter and that affiliates be advised accordingly as to whether the position being adopted by the Law Society and Bar Association was correct.

Com. M. Lennon moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW make enquiries as to the status of Industrial Advocates in proceedings before the Chief Industrial Magistrate including intervening in the particular matter in question if necessary."

Com. A. Owens seconded.

CARRIED

2. From the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union:- advising Unions NSW that the management of Legion Cabs had dismissed a member of their union with 10 years service on August 4th 2006 and that reasons for the members dismissal had been outlined in correspondence on the same day. They said that Legion Cabs management had engaged a well known law firm to carry out investigations into the allegations against their member, allegations in which due process was denied after their member had rejected management's assertions. The Union said that they notified the NSW Industrial Relations Commission of a dispute. They said that the management of Legion Cabs, through their lawyer claimed that they are a corporation and therefore the matter could not be pursued as they were covered by Federal legislation and were relying on a decision of the Federal Court in 1978 Trade Practices Commission v Legion Cabs. The Union advised that because Legion Cabs does not employ more than one hundred employees, their member would become another member of the John Howard battler's victims club. The Union sought the assistance of Unions NSW to arrange a meeting between the USU and the CEO of Legion Cabs, Mr McPherson, in an endeavour to resolve the dispute and that if Mr McPherson did not respond, Legion Cabs should be added to the list of employers who support this cruel and extreme legislation which removes employees' rights at work.

Com. M. Lennon moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW seek a meeting with the CEO of Legion Cabs regarding the dismissal of the USU member on August 4th."

Com. M. Want seconded and spoke to the resolution.

CARRIED

3. From the Liquor Hospitality and Miscellaneous Union NSW Branch: - advising Unions NSW that as part of Anti-Poverty week action they were holding a protest for fair pay on October 17th at 3.45p.m at Hyde Park North. The Union asked that information regarding the protest be forwarded to affiliates and that activists be encouraged to attend. They thanked Unions NSW and its affiliates for the support they have had so far with their Clean Start Campaign. The Union said that the Clean Start Fair Deal for Cleaners campaign had successfully pressured cleaning companies and the property industry into improving cleaners' pay and conditions, however there was still some way to go before cleaners had truly won a fair deal. The Union said that the Fair Pay protest on October 17th would be their most important so far and that cleaning companies were taking advantage of WorkChoices to exploit and intimidate cleaners. They said the protest needed to be loud and large to make it clear that they were not going away until they had won.

Com. M. Lennon moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW reaffirm its support for the Clean Start Campaign.

Further, Unions NSW support the protest for the fair pay rally to be held next Tuesday, 17th October as part of the campaign and advise affiliates for their information and support."

Com. A. Owens seconded and spoke to the resolution.

CARRIED

4. From the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union:- regarding the announcement today that the unemployment rate was 4.8% should be treated with caution. They Union said that a falling unemployment rate would always be welcomed however, an article in the New Matilda shows that the rate doesn't tell the full story. The Union said that whilst unemployment is a 4.8% economist's estimate, under employment was running at about 12%. They said that it had to be remembered that 30% of the workforce was casual and that many people were only marginally attached to the workforce. The Union said that the Federal Government may blow its trumpet but their policies, in particular WorkChoices, was helping to create a pool of itinerant workers.

Com. M. Lennon moved the Executive Recommendation:-

That the correspondence be received and Unions NSW continue to highlight through the Your Rights At Work Campaign, the damaging effects of the WorkChoices legislation including increasing under employment of workers in Australia."

Com. M. Want seconded.
CARRIED

REPORTS

1. Federal Government Skills Package

The Acting Secretary, Com. M. Lennon reported that the Federal Government today announced its $837 million "Skills For The Future" Package. The funding provided over five years includes a voucher system, known as "Work Skills' Vouchers, for adults over 25 years of age to fund training to the value of $3,000 per individual. The package also includes subsidies for adult apprentices, and funding for 500 extra engineering places at university.

Com. Lennon announced that the package was poorly targeted and was a bandaid solution from the government regarding the dramatic skills crisis in Australia which is producing capacity constraints within the economy. He called on all unions to campaign and highlight the shortcomings of the government's package.

Com. M. Lennon moved:-

"That the report be received and noted."

Com. C. Game seconded.

CARRIED

2. Debate "WorkChoices Better For All Australians"

Delegates viewed a five minute video presentation of the debate between AWU National Secretary, Bill Shorten and the Hon. Joe Hockey, MP, Minister for Human Services and Minister assisting the Minister for Industrial Relations at Sydney University on October 5th.

Com. M. Lennon moved:-

"That the report be received and noted."

Com. N. Allen seconded.
CARRIED

ANNOUNCEMENTS:

1. Breaking the Poverty Cycle
Community Perspectives in Anti-Poverty Week
Guest Speaker : Julian Disney AO
6.30p.m. Wednesday, 18th October 2006
LHMU Auditorium, 187 Thomas Street, Haymarket
Panel Discussion includes:
Sheikh Haeem Abdul Wali (Islamic scholar USA)
Quentin Dempster (ABC Stateline)
Rakchanok Sothaphasian (Cleaner)
For further information contact 0425 242 691 or 0412 318 045

2. Combined Retired Union Members (CRUMA)
A Special Meeting of combined union retired members will be held at the
Tom Mann Theatre, 128 Chalmers Street, Sydney
On Thursday, 19th October 2006 commencing at 11a..
To continue discussions on the consequences of Howard's IR Laws.
Guest Speakers from the community and medical profession will address the Meeting. All retired union members and their guests are invited to attend.

3. WorkChoices Seminar No. 4
A Seminar on Common Law Deeds
9.30a.m. Thursday, 19th October 2006
Training Room 1, Ground Floor, Labor Council Building
377 Sussex Street, Sydney
RSVP by Wednesday 18th October to Ros Aldridge on 9264 1691

4. Asbestos Diseases Foundation of Australia
Spring Fling Dinner Dance
Sponsored by Turner Freeman Lawyers
7.00pm for Dinner at 7.30pm
Friday, 20th October 2006
Holiday Inn, Cnr. Railway & Sherbrooke Streets, Rooty Hill
Scottish Piper & Highland Dancers - Silent Auction
Dancing to the "Fat Cats"
Cost: $60 ADFA Members/$75 non-members (includes wine & beer)
Tickets can be ordered by phone on 9637 8759

5. Katrina Ford Benefit Dinner
Friday, 27th October 2006
Pre-dinner drinks at 6.30pm followed by Dinner at 7.00pm.
Balmain Leagues Club, 138 Victoria Road, Rozelle
Tickets $150 per person - RSVP by 17th October 2006-10-16
For further information contact Katie Gillen at AMWU on 9897 4291 or
Email: katie.gillen@amwu.asn.au

6. Launch of American Hoax
A book published by Charles Firth of the Chaser.
Wednesday, 1st November 2006 at 7.00pm
In the Atrium of the Trades Hall
Copies of the book will be available for purchase and signing by Charles.
To preview 'reviews' of the book go to www.americanhoax.com.

COUNCIL ADJOURNED AT 6: 40PM

President: ____________________________________