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Minutes

Meeting held : 22 February 2007

Chair of Meeting: The Acting President, Comrade Michael Want

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

UNIONS NSW MEETING MINUTES
MEETING HELD THURSDAY 22ND FEBRUARY 2007
IN THE EXECUTIVE BOARD ROOM AT
4 GOULBURN STREET, SYDNEY, AT 6:07PM

The Acting President Com. M. Want occupied the Chair.

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

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

"That the minutes as circulated be received".

Com. M. Wilson seconded.
CARRIED

The Secretary, Com. J. Robertson moved: -

"That the minutes as circulated be adopted".

Com. N. Lewocki seconded.
CARRIED

CREDENTIALS

From The Australian Workers' Union, Greater NSW Branch appointing:- G. Hillier in place of S. Bali and T. Mitchell in place of R. Collison.

From The Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch appointing:- A. Ferguson, B. Gay, J. Mundey. D. Duggan, E. Elder, J. Tarlington and W. McClelland.

From The Public Service Association of New South Wales appointing:- S. Turner in place of S. Walsh and J. Shaw as a delegate for tonight's meeting.

From The Textile, Clothing & Footwear Union of Australia, New South Wales Branch appointing:- M. Edwards in place of S. Davies and T. Lefevere in place of P. Lane.

FOR THE ENSUING YEAR

From The Health Services Union, NSW Branch appointing:- B. Coquillon, B. Morgan, B. Goulding, C. McMillan, D. Lipman, D. Ravlich, F. Johnston, G. Hayes, G. Tyrell, K. King, K. Seymour, K. Sewell, L. Gilchrist, M. O'Donnell, N. Bradbury, T. Thorburn, R. Feltham, J. Cowdrey.

The Secretary, Com. J. Robertson moved: -

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

Com. B. Tubner seconded.
CARRIED

APOLOGIES

Apologies were received and accepted for: - S. Moait, P. Jenkins, J. Diamond, S. Walsh, P. Kessey and C. Drane.

The Secretary, Com. J. Robertson moved: -

"That the apologies be received and accepted".

Com. B. Holmes seconded.
CARRIED

EXECUTIVE BUSINESS
CORRESPONDENCE

1. From the Maritime Union of Australia, Sydney Branch:- requesting the endorsement for the Invasion Anniversary Rally on 17th March commencing at 12 Noon at Sydney Town Hall. The Union advised that three days before the anniversary of the invasion of Iraq the Stop the War Coalition was staging a rally and were calling for the following:

• No More Troops
• End of the Occupation
• Closing of Guantanamo
• Bring David Hicks home.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW support the Invasion Anniversary Rally on March 17 and advise affiliates for their information and support."

Com. W. Smith seconded the resolution.
CARRIED

2. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch:- advising Unions NSW of an upcoming day of protest to highlight the ongoing plight of 'Comfort Women' and to request support for this community action. The Union advised that Friends of Comfort Women in Australia (FCWA) were organising the protest on Wednesday, 7th March 2007 at 1.30p.m, the day prior to International Women's Day, outside the Japanese Consulate in Martin Place to demand a formal apology and compensation for the thousands of 'Comfort Women" who were used as forced prostitutes during WWII by Japanese troops. The Union said that the event would include the only surviving Australian 'comfort woman', Jan Ruff O'Herne, along with two other 'comfort women' from China and Korea. They said that these women suffered some of the most severe, horrific and barbaric treatment of the war, however despite the terrible nature of their treatment, few in the community were aware of their experience and that only limited pressure had been put on the Japanese Government to right past wrongdoings.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW support the FCWA protest on 7th March, informing affiliates of the event, and write a letter of protest to the Japanese Government as requested."

Com. A. Ferguson seconded the resolution.
Anna Song from the FCWA addressed the meeting.

CARRIED

3. From the Australia Western Sahara Association (AWSA):- requesting support for a tour to Australia in June-July 2007 of Malainin Lakhal, a journalist and Secretary-general of UPES, the Saharawi writers' and journalists' union, as a means of raising awareness in Australia of the situation in Western Sahara. They said that Malainin had fled the Moroccan-occupied Western Sahara in 2000, escaping through minefields and the military wall that divides the occupied part of Western Sahara from the territory held by the national independence movement, the Polisario Front. Since August 2000 he has lived in the Saharawi refugee camps near Tindouf in South West Algeria, supporting the struggle of his people for self-determination through a United Nations referendum. The Association advised that Malainin would be visiting Sydney, Melbourne, Canberra, Perth and New Zealand and that he would also be spending a short period on work experience with the Media Entertainment and Arts Alliance.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW support the tour of Saharawian Journalist, Malainin Lakhal as requested."

Com. B. Riordan seconded the resolution.

CARRIED

4. From the Public Service Association of New South Wales:- regarding the launch by Minister John Della Bosca on 21st February of the Dignity and Respect in the Workplace and Guidelines for New South Wales public sector workplaces. The union said that the Charter lays out the framework to ensure that workplaces are free of bullying and harassment. They said that it was horrific when a worker is injured at work, hard enough to understand when it was an accident and incomprehensible when it was caused by the deliberate actions of another worker. The Union said that five years ago unions had launched their campaign to fight for such guidelines to be accepted by all government agencies to ensure that public sector workplaces were free of such harassment and that yesterday's launch was the culmination of a very successful campaign by public sector unions. They said that the policy and procedures were developed from consultation between the Government and Unions NSW, the PSA, HSU, NSW Teachers Federation and the NSW Nurses' Association. The Union said that they specifically recognised the excellent work carried out by Mary Yaager, in co-ordinating and negotiating on behalf of the unions.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and public sector unions be congratulated for their role in negotiating the Dignity & Respect Policy guidelines.

Further, the PSA's thanks be forwarded to Mary Yaager."

Com. S. Turner seconded the resolution.
>b>CARRIED

5. From the Rail Tram and Bus Union, NSW Branch:- advising Unions NSW of the Kidney Kar Rally which is an annual national fundraising event for Kidney Health Australia. The Union said that this annual event had raised much needed funds for research, education, consumer participation and health service programs, in addition to supporting the Kidney Kids Program. They said that this year the rally would travel from Darwin to Dubbo. The Union advised that as the major sponsor they had organised for the painting of a Your Rights At Work car which was purchased by Greg Chinnery and his team for the rally. They said that Greg and his team were seeking $500 donations from unions in order to raise money for Kidney Health Australia and to ensure the Your Rights At Work campaign was clearly visible throughout this national event. The union said that a number of unions had already indicated that they would be sponsoring the car and that the logos of unions who participate would be clearly visible on the Your Rights At Work car which would also be on display at various media events, shopping centres and community events leading up to the rally.

Com. J. Robertson moved the Executive Recommendation:-

"That." the correspondence be received and Unions NSW encourage affiliates to support sponsorship of the Rights At Work car in the Kidney Kar Rally in addition to donating $500.00 itself".

Com. N. Lewocki seconded the resolution.
Com. G. Chinnery a member of the RTBU team addressed the meeting.

CARRIED

6. From the Construction Forestry Mining & Energy Union, Construction & General Division, NSW Branch and Lee Rhiannon, MLC:- The CFMEU's correspondence was regarding the launch by the World Wildlife Fund (WWF) of an initiative known as Earth Hour. The Union said that in a world first, Sydney would turn off its lights for one hour at 7.30p.m on Saturday 31 March, 2007, as a major step towards reducing the city's greenhouse gas pollution. They said that with the support of The City of Sydney and the NSW Government, Earth Hour would be the highlight of a major campaign to encourage businesses, communities and individuals to take the simple steps needed to cut their emissions by 5% in 2007, from businesses turning off their lights when their offices were empty, to households turning off appliances rather than leaving them on standby. The Union said that Australia's commercial business sector was responsible for around 10% of national greenhouse gas emissions and all commercial businesses and that their workers should join the community in supporting Earth Hour, but also take concrete actions to reduce energy use. Lee Rhiannon, MLC, the Greens spokesperson on industrial matters requested the opportunity to address a meeting on Unions NSW affiliates. She said that there had been several recent media articles about the potential impact of the Greens climate change policy on jobs in the coal industry and that the Greens were committed to working together with unions for workers rights and to address climate change. She said that it was vital that in the coming months they develop the widest co-operation to help build a strong movement committed to overturning Howard's WorkChoices and addressing climate change.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW support the Earth Hour initiative and encourage affiliates to publicise the event to their membership.

Further, Unions NSW arrange a Climate Change Seminar involving a range of speakers, regarding the key issues for workers in addressing climate change."

Com. A. Ferguson seconded the resolution.
Com. B. Gay spoke to the resolution.
CARRIED

7. From the Shop, Distributive & Allied Employees' Association, NSW Branch:- advising Unions NSW that on 15th February, 2007 the Federal Magistrate's Court handed down a decision ordering POW Juice to pay a total of $49,500 in penalties for breaches of the Workplace Relations Act. The Union said that affiliates would be familiar with POW Juice as the employer of Amber Oswald, who had sought to cut her Sunday earnings by $40 in early April last year. The Union had successfully intervened for Amber and the matter gained prominence in the media. They said that the Office of Workplace Services only took an interest in the matter because it had become widely reported as a bad news story for the Government. The Union said that whilst the decision and the penalties were welcome for the 22 employees who had been underpaid (one by 47% and over a third by more than 25%) we should not lose sight of the reasons for the judgement and the absolute hypocrisy of the Howard Government in this matter. They said that the reason for the successful prosecution was that the Company had received poor legal advice and had simply made procedural errors and that had the Company correctly lodged its AWA's after 27 March 2006 the underpayments identified in last week's decision would have been absolutely legal. This prosecution was based on the pre-WorkChoices legislation and WorkChoices AWA's permit every single underpayment breach cited in the decision. The Union said that nearly all the employees affected by the breaches had either been juveniles, or young adults, three (3) of the employees were only 15 years old. They said that these employees could be regarded as generally vulnerable and at risk of exploitation, yet the WorkChoices legislation now exposes such employees to having their wages and conditions slashed. The Union also said that Minister Joe Hockey and the Howard Government were to be condemned for their shameless welcoming of a decision based on underpayments of young workers wages which they have now legalised with their WorkChoices legislation and AWA's. They said that John Howard should come clean with Australian parents and admit to what he has exposed young workers to under his WorkChoices legislation.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and the SDA be congratulated on its successful campaign on behalf of Amber Oswald and other members of POW Juice.

Further, Unions NSW condemn the hypocrisy of the Minister for Workplace Relations in welcoming the decision when workers are now exposed to this very type of exploitation under WorkChoices."

Com. G. Dwyer seconded and spoke to the resolution.

CARRIED

8. From the Public Service Association of New South Wales:- regarding the upcoming election on 24th March being a very important date for the union movement in New South Wales. They said that the Opposition has promised to hand NSW industrial powers to the Federal Government should they be elected. The Union said therefore that our campaign in NSW was also an important part of the "Your Rights At Work" campaign to continue to protect public sector workers and our great system. The PSA said a further concern for them was the Opposition Leader's promise to cut 20,000 jobs should he be elected. They said that this would devastate the frontline support for nurses, teachers and police which was vital in allowing those workers to continue to carry out their jobs effectively and that it would also lead to the inevitable loss of other important frontline services such as youth and aged care, public transport and put padlocks on the gates of all National Parks which the Labor Government had created. The Union advised that they had developed a petition calling on whoever forms government to pledge that they would not slash further jobs from the public sector, that they would not hand NSW industrial relations powers to the Federal Government, and that they would not forcibly retrench their workers. The Union advised that they would be holding a public rally at Sydney Town Hall at 9.00a.m on 15th March to seek these commitments and requested the support of Unions NSW and affiliates, especially those with members in the public sector, to participate in the rally.

Com. J. Robertson moved the Executive Recommendation:-

"That the correspondence be received and Unions NSW call on unions, in particular public sector unions to support the rally opposing public sector job cuts on March 15."

Com. S. Turner seconded and spoke to the resolution.

CARRIED

REPORTS

1. Currawong

The Secretary, Com. J. Robertson reported that in light of the ongoing public debate over the price for Currawong the Executive had decided to have an external auditor review the sale.

The Secretary stated that whilst he believed from a governance view point this was an unnecessary step the actions of various groups and individuals to claim that Unions NSW did not get full value for the property have prompted this action.

It means that an additional cost is now imposed on affiliates but is a necessary one to bring this ill informed and in some instances malicious public debate to an end.

The Secretary, Com. J. Robertson moved:-

"That the report be received."

Com. N. Lewocki seconded.

The Secretary, Com. J. Robertson moved

"That the report be adopted and that the actions of the executive in seeking to appoint an auditor, through the finance committee, to review the Currawong sale to determine whether Unions NSW was disadvantaged in the process be endorsed."

Com. A. Ferguson seconded.
CARRIED

SCROLL OF HONOUR

The Secretary Com. J. Robertson presented a Scroll of Honour to: -

Jack Tarlington
Construction Forestry Mining & Energy Union
Construction & General Division NSW Divisional Branch

The Secretary said that Com. Tarlington had worked as a BWIU delegate on many major construction projects before becoming a highly effective Organiser and District Secretary of the BWIU Liverpool District for a number of years.

He said Com. Tarlington had been instrumental in setting up the Shoalhaven Industrial council. He was very active in the Peace Committee, being part of the march on Canberra as part of the Ban the Bomb movement. He also represented the union on the May Day Committee holding the position of Secretary of the Committee for a year and was particularly active in progressing aboriginal rights

ANNOUNCEMENTS:

1. CFMEU Fundraising Trivia Night

The CFMEU are holding a fundraising Trivia Night for Neville Newell MP, Member for Tweed whose seat is one of the most marginal seats in the upcoming state elections.
Friday 2nd March 2007
7.15p.m for 7.30p.m sharp.
Level 2, CFMEU Building, 10-12 Railway Street, Lidcombe
For further information and bookings contact Maurice Campbell on 9682 3096 or email Maurice.campbell@aph.gov.au.

2. Labor Day Dinner 2007
Friday, 9th March 2007
7.00p.m at Parliament House, Macquarie Street, Sydney
Parking is available.
For further information contact Johnno Johnson on 0419 243 285

3. Harbour Bridge Walk
Sunday 18th March 2007
Unions NSW is organising a group to walk across the Bridge on 18th March as part of the 75th Anniversary celebrations. We are seeking to have 4,500 unionists marching in Rights@Work T-Shirts. For further information contact Alison Peters on 9881 5999 or a.peters@unionsnsw.org.au.

COUNCIL ADJOURNED AT 6.43PM

Acting President:__