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Minutes

Meeting held : 10 September 2009

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 10 SEPTEMBER 2009
IN THE TRADES HALL AUDITORIUM AT
4 GOULBURN STREET, SYDNEY AT 6:00PM

The Acting President, Com. B. Johnson occupied the Chair.

PRESENT: -M. Lennon [Secretary], M. Morey (Senior Industrial Officer)

OPENING OF THE MEETING

The Acting President, Com. B. Johnson opened the meeting and in doing so recognised the traditional owners of the land on which the meeting was held, The Gadigal People of the Eora Nation.

MINUTES: -

The Secretary, Com. M. Lennon moved:-

"That the minutes as circulated be received".

Seconded: Com. G. Derrick
CARRIED

The Secretary, Com. M. Lennon moved:-

"That the minutes as circulated be adopted".

Seconded: Com. S. Woodward
CARRIED

CREDENTIALS

From The Textile Clothing & Footwear Union of Australia appointing:- John Owen in place of Peter Lane.

The Secretary, Com. M. Lennon moved: -

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

Com. B. Tubner seconded.
CARRIED

APOLOGIES

Apologies were received and accepted for: - C. Christodoulou, A. Kerslake, A. Tattersall, M. Yaager, J. Kiejda, C. Haigh, R. Tonklin, B. Hawkins, L. Smith. F. Barnes, J. Diamond, J. Lemaire.

The Secretary, Com. M. Lennon moved: -

"That the apologies be received and accepted".

Com. G. Dwyer seconded.
CARRIED

EXECUTIVE BUSINESS
CORRESPONDENCE

1. From the Construction Mining & Energy Union:- regarding a report in Workforce of an OH&S prosecution against Premier Precast Pty Ltd on the death of an employee after 3 days at his job. The CFMEU requested that Unions NSW make enquiries to WorkCover or the Minister of Industrial Relations as to whether WorkCover had received any advice about whether a prosecution should have been launched against an individual under section 32A of the OH&S Act in respect of this workplace death. They said that if WorkCover had not obtained such advice on the possibility of a 32A prosecution they should give a reason why this was not done.

The Secretary, Com. M. Lennon moved the Executive Recommendation:

"That the correspondence be received and Unions NSW make enquiries of WorkCover and the Minster of Industrial Relations as to whether WorkCover had sought legal advice in relation to prosecuting an individual under Section 32 of the OH&S Act."

Com B. Parker seconded the resolution
CARRIED

2. From the National Tertiary Education Union:- regarding industrial action in support of the ongoing negotiations for collective union agreements at all Australian public universities. The NTEU said that their members were determined that this round of enterprise agreements would finally see the end of John Howard's Work Choices lifted from all workers in Higher Education. They said that the overwhelming majority of members at NSW universities had now voted in favour of protected industrial action in support of the campaign.

The Union said that a successful 24hour strike was held on 9th September at Charles Sturt University and on the16th September similar strike action would be taken at the University of NSW, University of Wollongong, University of Western Sydney, Macquarie University and Southern Cross University.

The Secretary, Com. M. Lennon moved the Executive Recommendation:

"That the correspondence be received and Unions NSW write to the FWA President and raise concerns about the use of telephone conciliation and stress the importance of face to face conferences in unfair dismissal proceedings."

Com G. Kelly seconded the resolution
CARRIED

3. From the United Services Union:- regarding the next stage in the energy reform strategy and their concerns with respect to employment protection previously given in the Rees Energy Reform Plan. The Union said that a central concern was the Government's promise of a five year guarantee of ongoing employment, rates of pay and terms and conditions of employment for employees affected by these reforms. They said it appeared that the Government may restrict these protections to employees transferring to the private sector with the enforceability of these protections remaining in doubt.
The USU'S concerns were that the government would walk away from employment protection undertakings for retail workers who elected to remain employed by State Owned Corporations. The Union insists that employment guarantees are only genuine and enforceable if included in a collective agreement. The Union said that the Government appeared to be limiting protections against forced redundancy to the ongoing good will and support of the Government of the day. The Union were also concerned about securing enforceable protections for core employment numbers in rural and regional centres together with protections against forced transfers.

The Secretary, Com. M. Lennon moved the Executive Recommendation:

"That the correspondence be received and Unions NSW raise the issues of employment guarantee directly with the Minister responsible and seek the government insurance that those guarantees would be honoured."

Com B. Kruse seconded the resolution
CARRIED

4. From APHEDA: - advising of the Union Aid Abroad - APHEDA 25th Anniversary Dinner to be held Friday 25 September at the Sydney Cricket Ground, Victor Trumper Stand.

The Secretary, Com. M. Lennon moved the Executive Recommendation:

"That the correspondence be received and Unions NSW encourages all affiliates to support and attend the dinner."

Com. L. Henkinson seconded the resolution

CARRIED

5. From Walk Against Warming:- seeking Unions NSW support for the Walk Against Warming. The "Walk Against Warming", now into its 5th year, would take place on 12th December which is the International Day of Climate Action and the midway point of the United Nations Climate Change Summit in Copenhagen. They said that it was a critical time and the community's voice and attendance at this year's walk had never been more important to show our political representatives in Copenhagen that the community was united in demanding more effective and equitable government policies to stabilise greenhouse gases and prevent catastrophic climate change.

The Secretary, Com. M. Lennon moved the Executive Recommendation:

"That the correspondence be received and Unions NSW circulate to affiliates and to seek a meeting with organisers to clarify the role Unions NSW may play in this event."

Com B. Tubner seconded the resolution

CARRIED

REPORTS

Award Modernisation

The Secretary, Com. M. Lennon requested case studies on the issue of Award Modernisation to be forwarded to Mark Morey and Alisha Wilde.

Secretary Com. M. Lennon moved:-

"That the report be received and adopted."

Com. S. Bali seconded.

CARRIED
ANNOUNCEMENTS

1. Community Gathering at Hill Top - to coincide with the Hill Top Rural Fire Services Annual Garage Sale
A family fun time of information, music and entertainment.
11am Sunday 13 September 2009 - Hill Top Park, West Parade, Hill Top
Speakers: Jack Mundey OAM, Lee Rhianna MLC.

2. Union Aid Abroad - APEDA 25th Anniversary Gala Dinner
When: Friday 25th September 2009
Venue: Sydney Cricket Ground, Victor Trumper Stand
Cost: $80 ($70 each table of 10)
Guest Speaker: Jeff Lawrence ACTU Secretary, and Comedian, Corinne Grant.
Free parking is available at Sydney Football Stadium.

3. The 154th Anniversary Labor Day Dinner
To be held on Friday 16th October, 2009 at Parliament House, 7pm.
Registration forms are available tonight and from Unions NSW.

MEETING ADJOURNED AT 6.25 PM

Acting President:____________________________________