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Minutes

Meeting held : 03 August 2006

Chair of Meeting: The Acting President, Comrade Annie Owens

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

UNIONS NSW MEETING MINUTES
MEETING HELD THURSDAY 3RD AUGUST 2006
IN THE TRADES HALL AUDITORIUM
AT 4 GOULBURN STREET, SYDNEY, AT 6:06 PM

The Acting President Com. A. Owens occupied the Chair.

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

MINUTES: -
The Secretary, Com. J. Robertson moved: -

"That the minutes as circulated be received".

Com. B. Holmes seconded.
CARRIED

The Secretary, Com. J. Robertson moved: -

"That the minutes as circulated be adopted".

Com. J. Lemaire seconded.
CARRIED

CREDENTIALS

From The Public Service Association of New South Wales appointing: -
A. Kennelly in place of J. Cahill.

From The Textile, Clothing & Footwear Union of Australia, NSW Branch appointing:- K. Price in place of J. Owen.

From The Australian Manufacturing Workers' Union, NSW Branch appointing:- G. Simon in place of D. Kyriacou and M. Shultz in place of L. Drury.

The Secretary, Com. J. Robertson moved: -

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

Com. G. Dwyer seconded.
CARRIED

APOLOGIES

Apologies were received and accepted for: - S. Moait, B. Kruse, R. Collison, F. Barnes, M. O'Halloran, P. Bastian, T. Ayres and J. Diamond.

The Secretary, Com. J. Robertson moved: -

"That the apologies be received and accepted".

Com. M. Want seconded.
CARRIED

GUEST SPEAKER:

The Acting President, Com. A. Owens, introduced Ms Angelina Ladera who is a Trade Union Leader from the Philippines. Com. Ladera reported on the absence of democratic trade union rights in the Philippines. She said that trade unionists were seeking to improve the living conditions for workers. Many workers only received 2 to 3 Australian dollars per week which doesn't meet the costs of living which are high in the Philippines. In addition she said that workers were often forced to work very long hours and that many had suffered illness as a consequence. Com. Ladera stated that despite this many union organisers who are campaigning on behalf of members to improve their conditions were considered terrorists. In closing she stated that the Australian government should cease aid to the Philippines until these human rights abuses against trade unionists cease.

The Secretary, Com. J. Robertson thanked Com. Ladera for her address and said that the issue of trade unionists being declared terrorists was outrageous. He offered support to Com. Ladera and the KMU's campaign for recognition of human rights for trade unions and their members.

EXECUTIVE BUSINESS
CORRESPONDENCE

1. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch: advising that their member, Mr Omir Majstrovic and a number of other building workers had been sacked because they refused to withdraw workers compensation claims. The Union said that in the case of Mr Majstrovic, he had worked for the company for nine years and had submitted a claim for compensation due to hearing loss and that the loss of his job had placed him in considerable financial hardship. They said that the Union was campaigning for Mr Majstrovic to be reinstated and that he was picketing the site demanding reinstatement and compensation. The CFMEU requested that Unions NSW endorse their campaign and circulate the attached leaflet for all affiliates. The Union said that this case also highlighted the deficiency in workers compensation laws, in that there was no protection from this kind of victimisation of workers under NSW workers compensation laws. They said that with the slashing of unfair dismissal rights under WorkChoices, that there is limited protection under current laws. The CFMEU requested that Unions NSW make representation to the NSW Government, that the Workers Compensation Act 1987 be amended to include protections against such victimisation, as well as the capacity to apply to the NSW Industrial Relations Commission for reinstatement and/or compensation.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW support the campaign to have CFMEU member Omir Majstrovic reinstated.

Further, Unions NSW make representations to the State Government seeking protections for workers under the Workers' Compensation legislation against victimisation as requested."

Com. R. Mallia seconded and spoke to the resolution.

CARRIED

2. From the Public Service Association of New South Wales:- advising Unions NSW that since the signing of the Dignity and Respect in the Workplace Charter in September 2004 by the Premier's Department and Unions NSW, that the PSA and other public sector unions had been meeting with the Public Employment Office to develop a public sector wide policy and procedures to deal with workplace bullying and harassment. The Union said that for reasons unknown, every time the negotiating committee were close to an agreed policy document, the finalisation of the Dignity and Respect Policy was upheld by the Premier's Department. The Union said that at their last meeting in May, the PSA and Unions NSW had been assured that the policy would be ready to be launched in September 2006. They said that they have since been informed that the policy document is again being reviewed and that they had not been informed as to its status or when they could expect the policy to be launched. The Union said that dignity and respect in the workplace was an important issue to them and their members and that they would have thought it was also for the Premier's Department. They said that after two years of good faith negotiation and several fob offs that it was time that the Premier's Department genuinely committed to launching a NSW public sector wide policy as previously promised in September 2006. The Union requested the that Unions NSW write to the Director-General of the Premier's Department seeking a meeting to finalise the Dignity and Respect Policy with the view that the agreed policy be launched in September 2006.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW write to the Director General of the Premier's Department seeking a meeting regarding the finalisation of the Dignity and Respect Policy as requested."

Com. B. Holmes seconded.
CARRIED

3. From the Maritime Union of Australia, Sydney Branch: - advising Unions NSW of the announcement by the NSW Planning Minister, Frank Sartor of a naming competition for a new precinct to be developed in the wharf area of the current East Darling Harbour area. The Union said that they were proposing that the area be renamed "Hungry Mile" in recognition of the strong maritime heritage of the area and requested the support of Unions NSW. They said that the term "Hungry Mile" had it's derivatives from the turn of the 20th century when many wharf labourers would walk the length of the many finger wharves and jetty's common at the time, in search of work and employment and that it was a term still used today. They said that is an area where the first Australian Wharf Labourers Union could be traced back to, and that it was an area where many landmark disputes had taken place. It was also an area synonymous with working class struggle and workers rights. The MUA said that it was an area very close to them and that they believed that this should at least be acknowledged in the renaming of the precinct. The Union asked that Unions NSW support them in this proposal and ask that affiliates take the time to go to the website www.newharbourheadland.com.au which has been created by the Planning Department to allow for entries from the community.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW support the MUA proposal that East Darling Harbour area be renamed "Hungry Mile" and encourage affiliates to support the proposal on the Department of Planning website."

Com. W. Smith seconded and spoke to the resolution.

CARRIED

4. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch:- expressing their concern at the escalating attack on trade union rights in Iran. They said that hundreds of trade unionists had been arrested and imprisoned for establishing trade unions, convening meetings of workers and campaigning for improvements in pay and working conditions. The Union advised that many activists had been gaoled for organising activities to celebrate May Day and that they were particularly concerned about the ongoing imprisonment of Mansoor Osanlu, the leader of the Vahed Bus Workers' Union in Tehran. They said that Mansoor had been in gaol since January 2006 because of his union activities. The CFMEU requested that Unions NSW protest to the Islamic Republic of Iran seeking the release of Mansoor Osanlu and all imprisoned trade unionists.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW protest to the Iranian Embassy over the attacks on trade union rights in Iran and seek, in particular, the release of Bus Workers' Union Leader, Mansoor Osanlu and other unionists as requested."

Com. A. Ferguson seconded.
Ms Galavizh Ahmadinia addressed the meeting on the issue.

CARRIED

5. From the Barrier Industrial Council: - advising Unions NSW of articles in the Broken Hill newspapers regarding local businesses taking the new WorkChoices legislation on board. The Council advised that they would be highlighting the impact of employers using the legislation through their local media on a weekly basis. They asked for any advice that Unions NSW could give them on what to do in relation to this situation.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW continue to offer assistance to the Barrier Industrial Council in its local Your Rights At Work Campaign."

Com. G. Dwyer seconded.
CARRIED

6. From the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union: - advising Unions NSW of an article in the Sydney Morning Herald on 1st August 2006 regarding the OECD entitled "Warning: don't relax on work changes". The Union said that they were very concerned that the article said that more changes are needed "which would allow greater scope for bargaining over workplace conditions". They said that the only way the statement from the OECD could be interpreted was that employees should have no "award or legislative" protection whatsoever and that this was the policy of the big corporations and their CEOs. The Union said that in the main, their union was the Business Council of Australia and that they were very effective for their members in more ways than one; they have the ear of the Federal Government who rubber stamps these policies. The Union noted that in the Journal of Political Economy No. 56 that those same CEO's on average, total cash remuneration was $65,779 per week which is a national scandal. The Union said that clearly bodies like the OECD and BCA had no shame nor do they have any concerns for families living on the poverty line, when the current federal minimum wage was $484.40 which is a massive difference. These CEOs on average earn $65,294 per week more and have the gall to say that awards and other legislation that enshrine workers entitlements should be annihilated and who also claim that wages are too high. The USU calls on Unions NSW to continue the "Your Rights at Work" campaign and to condemn the OECD, BCA and like organisations for their absolute hypocrisy as they clearly have no respect for the well being and dignity of those less fortunate than themselves.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW, in light of the impact WorkChoices is having on working people, condemn the suggestions by the OECD and the BCA that further workplace reform is necessary in Australia."

Com. M. Want seconded.
CARRIED

7. From the National Tertiary Education Union, New South Wales and The Liquor, Hospitality & Miscellaneous Union, NSW Branch: - regarding the ongoing crisis in the middle east and the recent attacks on synagogues and mosques in western Sydney. The LHMU said that the attacks on synagogues and mosques in the Western Suburbs was one that was causing grave concern to their union as many of their members live in and around these places of worship and were members of these communities. They said that that were concerned to see the voices of the leadership of the NSW trade union movement raised saying that they deplored the events in the middle east which are being used by some as an excuse for racist attacks on Jewish and Muslim places of worship. The Union said that we need to send an unambiguous message that it is in the interests of trade union members that we oppose these local acts and that we continue to support a peaceful outcome in the middle east. The NTEU advised that they would be supporting the Sydney Stop the War Coalition holding a second rally against the ongoing bombing of Lebanon and Gaza by Israel. They requested that Unions NSW encourage all affiliates to attend the rally and to assist with the costs involved. They advised that the rally would be held on August 12 and was being jointly organised by the Australian Arabic Community in solidarity with the people of Lebanon and Gaza. The Unions said that the aim of the second rally was to increase pressure on the Australian government to add its voice to the call for a ceasefire. They said that the rally was also aimed at involving more Australians of non-Arabic backgrounds, as this would have a bigger affect on Canberra and would more accurately express the broad opposition of many Australians to the war in which nearly 1,000 people, many of them children, had already been killed.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW condemn all acts of racist violence against both Jewish and Muslim places and individuals here in Australia.

Unions NSW reaffirm its call for all sides in the middle east conflict to end the violence and seek peaceful solutions.

Further, that details of and the call for assistance for the Stop the War Coalition Rally on August 12 be circulated to affiliates for their information."

Com. C. Game seconded.
CARRIED

7. From the Rail Tram and Bus Union, NSW Branch:- advising Unions NSW that RailCorp had celebrated John Howard's announcement to continue as Liberal Leader at the next Federal election by gorging themselves on more anti-work and anti-union attacks on their members. The Union said that in the past week their members had asked for assistance in the following matters. The Union said that RailCorp management had introduced a new procedure No Work No Pay in the cleaning area aimed at threatening and intimidating RTBU members who wish to raise a dispute or problem. They said that managers had been directed to fill out a four page form, which if the matter remains unresolved, allows management to then send the employee home for not working as directed. The Union said that they were outraged that the lowest paid workers in RailCorp were being specifically targeted in this way and that had they not know better would have thought that this was about getting even for the workforce's overwhelming rejection of management's latest cost cutting proposals in that area. Further, the Union said that RailCorp had banned RTBU delegates in the Transit Division from using RailCorp email to transmit union information to their members. The reason RailCorp gave for their action was because delegates were using the email system for union purposes. The RTBU said that this action by RailCorp breaches the current Enterprise Agreement which allows employees reasonable access to RailCorp resources to undertake union business. The Union said that it was time the NSW Government lived up to its commitment to ensure that NSW Government entities were not implementing WorkChoices in their organisations. They said that the Premier must step in and take control of RailCorp and stop their management's appalling treatment of rail workers.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW support the RTBU's call that the Premier step in to stop RailCorp management's appalling treatment of rail workers."

Com. P. Kessey seconded and spoke to the resolution.

CARRIED

REPORTS

1. Campaign Report

The Secretary, Com. J. Robertson reported on the western bus tour which covered over 2,500 kilometres in 5 days and took in Dubbo, Broken Hill and Cobar. He said that three new Regional YR@W networks had been set up during the tour, one being in conjunction with the Barrier Industrial Council in Broken Hill.

The Secretary, Com. J. Robertson said that the last tour would be to the South West of the state commencing on Monday August 7th and would take in Bathurst, Orange, Albury and Wagga Wagga.

Com. J. Robertson moved:-

"That the report be received and noted"

Com. J. Kiejda seconded.

CARRIED

2. Returning Officer's Report

The Returning Officer, Com. V. Falconer advised that nominations for the positions of (1) Finance Committee Member and (1) General Executive Member would open at 9.a.m on Friday 4th August 2006 and close at 4p.m on Thursday, 10th August 2006. He said that should a ballot for either position be necessary it would be conducted at the Trades Hall on Thursday, 17th August 2006 between the hours of 5p.m. and 7p.m.

Com. J. Robertson moved:-

"That the report be received and noted"

Com. N. Lewocki seconded.
CARRIED

ANNOUNCEMENTS:

1. Philippines Human Rights Tour Public Forum
Date: Friday, 4th August 2006
Time: 4.30p.m.
Venue: AMWU Auditorium, 133 Parramatta Road GRANVILLE
Speakers: Filipino Member of Congress, Joel Virador
KMU Union Leader, Angelina Ladera
Cost: Free
For further information contact Peter 0418 312 301
Or Margaret 9897 9133

2. Hiroshima Day March and Rally
Date: Sunday 6th August 2006
Time: 1.00p.m.
Venue: Hyde Park North
Organised by the Hiroshima Day Committee
Further information available by Phoning 9698 2954 or on www.HiroshimaDaySydney.org

3. Your Rights @ Work City To Surf
Affiliates are encouraged to join a Your Rights @ Work contingent being organised by the PSA.
Date: Sunday, 13th August 2006
For further information contact Sharon Vassar on 0407 894 930 or by email svassar@psa.asn.au.

4. Parramatta Your Rights At Work Campaign Committee
A meeting is being held to establish a Your Rights At Work Committee in the Parramatta Area.
Date: Monday, 14th August 2006
Time: 6p.m. - 7.30p.m.
Venue: Charles Byrne Room, Level 1 Parramatta Town Hall,
Church Street Mall, Parramatta.

5. Trade Justice Dinner
For the Australian Fair Trade and Investment Network (AFTINET)
Date: Wednesday August 16, 6.30 pm for 7pm start
Where: Marigold Restaurant, Level 5, 683 George St, Sydney 2000
Raffle prizes of fair trade products and wine.
Cost: $55 per person

6. Unions NSW YR@W Raffle Tickets
Tickets are still available this evening or call Unions NSW on 1800 688 919. Tickets and money need to be returned before 16th August. Winning tickets will be drawn at the General Meeting on Thursday 17th August.

COUNCIL ADJOURNED AT 6: 49PM

President: ____________________________________