Meeting held : 07 June 2007
Chair of Meeting: The Acting President, Comrade Barry Johnson
Location of the meeting : Trades Hall Auditorium, 4 Goulburn St Sydney
UNIONS NSW MEETING MINUTES
MEETING HELD THURSDAY 7TH JUNE 2007
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6.00 PM
The Acting President, Com. B. Johnson occupied the chair.
PRESENT M. Lennon (Acting Secretary), C. Christodoulou,
and A. Peters (Deputy Assistant Secretaries).
OPENING OF The Acting President, Com. B. Johnson opened the meeting
THE MEETING by recognising the traditional owners of the land on which the meeting was being held, the Gadigal People of the Eora Nation.
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. G. Derrick seconded.
CARRIED
CREDENTIALS
From The Textile, Clothing & Footwear Union of Australia appointing D. Karlsson in place of P. Lane.
From The New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union appointing: K. Cross in place of M. Stuart.
The Acting Secretary, Com. M. Lennon, moved: -
"That the credentials be received and the delegates welcomed."
Com. M. Want seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for:- S. Moait, J. Robertson, M. Thistlethwaite, M. O'Halloran, J. Hannaford, J. Diamond, L. Hankinson, C. O'Sheades, C. Game, B. Kruse, N. Lewocki, B. Parker, M. Stuart
The Acting Secretary, Com. M. Lennon, moved: -
"That the apologies be received and accepted."
Com. G. Derrick seconded.
CARRIED
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Construction Forestry Mining & Energy Union, Construction & General Division:- advising of a community peace convergence against the upcoming Talisman Sabre war games. The Union said the Australian Anti-Bases Campaign Coalition (AABCC), along with several other community organisations, are coordinating the convergence from 21 to 24 June to protest the environmental, social and financial costs of this joint US-Australian military exercise. The Union expressed concern about Australia's current military spending which takes vital resources away from funding human and social needs; and also the fact that US nuclear powered warships, possibly carrying nuclear weapons and depleted uranium munitions, will sail inside the Great Barrier Reef Marine Park. The Union requested Unions NSW to advise affiliated unions of the Talisman Sabre peace convergence and provide contact details for the event organisers.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and details of the Talisman Sabre Peace Convergence event be circulated to affiliates as requested."
Com. A. Ferguson seconded the resolution and D. Doherty spoke.
CARRIED
2. From the Shop, Distributive & Allied Employees' Association, New South Wales Branch:- regarding the recovery of entitlements for former employees of Proqualix Pty Limited and inadequacy of the Federal Government's General Employee Entitlements and Redundancy Scheme (GEERS). The Union said Proqualix was a pharmaceutical manufacturing company which was acquired by new owners in July 2004, but was put into receivership by the holder of the primary debts of the company in December 2005, resulting in the termination of some 39 union members. The Union said the employees' entitlements were not secured in the event of the Company's insolvency and the only avenue they could take to receive any of their entitlements was under GEERS, which the Howard Government had recently amended, requiring the company to be placed into liquidation before employees could access assistance. The Union went on to outline the steps it had to take to eventually obtain some $1,068,679,79 in employee entitlements from GEERS, which amounted to about 30 cents in the dollar for each employee. The Union said that whilst it is pleased that employees were able to access some of their entitlements under GEERS, the situation highlighted its deficiencies, namely:
• The cost and time taken for a company to be placed in liquidation as required by the Howard government's amendments to the GEER Scheme, before employees can access assistance and entitlements; and
• The cap on redundancy entitlement payments through GEERS operates to the disadvantage of employees subject to the scheme, as the full benefits and entitlements under a worker's enterprise Agreement ought to be honoured in full.
The Union said that the situation of the Proqualix workers clearly demonstrates the need for stronger protections for Australian workers and highlights the need for the election of a Rudd Labor government, to ensure that 100% of workers' entitlements are protected in the event of a company failure.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and the failure of the GEERS Scheme to adequately protect the entitlements of SDA members at Proqualix be noted
Further, Unions NSW calls on a future Rudd Labor government to ensure 100% of workers' entitlements are protected in the event of a company failure."
Com. G. Dwyer seconded the resolution.
CARRIED
3. From The Australian Manufacturing Workers' Union, NSW State Office:- regarding the issue of companies that choose to opt out of the NSW workers compensation insurance scheme and instead insure with ComCare. The Union referred specifically to John Holland Engineering's decision to insure with ComCare, thus providing an inferior standard of insurance for its construction workers employed at the new desalination plant site. The Union said that this is an example of a trend that is to the detriment of its members and the NSW scheme as a whole. The Union is therefore seeking intervention from the NSW state government to protect the integrity of the NSW Workers Compensation Scheme and the rights of NSW workers. The Union attached correspondence it has sent to the NSW Minister for Industrial Relations, and called upon Unions NSW to support its campaign as outlined in its representations to the Minister.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW support the proposals from the AMWU for both legislation on bank guarantees to cover tail claims, and the use of procurement policy by the State Government as a means of protecting workers and the WorkCover Scheme when corporations move to ComCare."
Com. J. Lemaire seconded the resolution.
CARRIED
4. From the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia, NSW telecommunications & Services Branch:- seeking the support of Unions NSW in their campaign against the actions of Telstra who have announced their intention to close major call centres in Newcastle and Wollongong. The Union said Telstra intends to close call centres across Australia and establish 4 "Mega Centres" in Sydney, Townsville, Perth and Melbourne. This would affect approx. 1200 staff across Australia and Telstra have advised that the new centres will be staffed by employees on AWAs. The Union is particularly concerned about the economic impact of job losses in the Wollongong and Newcastle areas and believes that while many skilled and experienced Telstra staff will lose their jobs, service levels to customers will continue to plummet.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW condemn Telstra's actions in closing call centres in Newcastle and Wollongong, and lend its support to the CEPU's campaign to keep the call centres open."
Com. I. McCarthy seconded the resolution and spoke.
CARRIED
5. From the. New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union:- regarding the intention of senior management of the Council of the City of Sydney to move into the Federal WorkChoices System. The Union said it had been negotiating with Council to consolidate four Awards and one Enterprise Agreement into one agreement incorporating conditions of employment for all staff, and negotiations had initially been progressing well. However, in April, instead of presenting the Union with a draft document, Council postponed the meeting and put on hold negotiations, with management clearly indicating their intention to adopt WorkChoices. The Union said that a recent circular by the NSW Department of Local Government advised all Councils that decisions relating to industrial policies are matters for elected Councillors, not General Managers or other senior staff, so the Union is now seeking the support of the elected Councillors in keeping WorkChoices out of the Council. The Union said it has met with the General Manager and Labor Councillors, but is experiencing difficulty in securing meetings with Independent Councillors. The Union went on to say that it is planning a mass rally, when a motion to protect employees from WorkChoices goes before Council. The Union is seeking support from Unions NSW in organising a meeting with the independents, and requests the Secretary address the Council meeting to oppose WorkChoices and support the common law agreement and employee protection motion. Further, the Union is asking affiliates for support by attending the rally to keep WorkChoices out of the Council of the City of Sydney.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW
Support the USU's campaign of opposition to the proposed introduction of WorkChoices agreements into the Sydney City Council in the manner outlined in the correspondence."
Com. M. Want seconded the resolution.
CARRIED
REPORTS
1. National Accounts
Com. M. Lennon reported on the economic statistics that were released yesterday, and in particular the record share of GDP represented by profits, while the share of GDP represented by wages and salaries has dropped. Com. Lennon said these statistics show the need for collective bargaining for workers and why we need a change of government.
2. Returning Officer's Report
The Returning Officer, Com. V. Falconer, advised that nomination for the following positions will open at 9.00 a.m. on Friday, 8 June 2007, and close at 4.00 p.m. on Thursday, 21 June 2007: Finance Committee member (1); Trades hall committee Member (1). Should a ballot for the positions be necessary it will be conducted at the Trades hall on Thursday, 28 June 2007, between the hours of 4.00 p.m. and 7.00 p.m.
Com. M. Lennon moved:
"That the reports be noted and received."
Com. P. Fernandez seconded.
CARRIED
ANNOUNCEMENTS
1. Marie Clare Rally for Paid Maternity Leave
The magazine Marie Claire has organised a rally to lobby for the introduction of Paid Maternity Leave
Thursday, 14 June 2007 at 12.30 p.m.
Martin Place (between Pitt Street and Castlereagh Street), Sydney
COUNCIL ADJOURNED AT 6.30 PM
Acting President: _____________________