Meeting held : 17 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 17th 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], C. Christodoulou [Assistant Secretary].
MINUTES: -
The Secretary, Com. M. Lennon moved: -
"That the minutes as circulated be received".
Com. M. Thompson seconded.
CARRIED
The Secretary, Com. M. Lennon moved: -
"That the minutes as circulated be adopted".
Com. S. McManus seconded.
CARRIED
CREDENTIALS
From The Textile Clothing & Footwear Union of Australia, New South Wales Branch appointing:- J. Owen in place of P. Lane.
The Secretary, Com. M. Lennon moved: -
"That the credentials be received and the delegates welcomed".
Com. C. O'Sheades seconded.
CARRIED
APOLOGIES
Apologies were received and accepted for: -A. Kerslake, A. Tattersall, A. Claassens, F. Barnes, C. Haigh.
The Secretary, Com. M. Lennon moved: -
"That the apologies be received and accepted".
Com. S. Little seconded.
CARRIED
EXECUTIVE BUSINESS
CORRESPONDENCE
1. From the Australian Manufacturing Workers' Union:- requesting that George Simon, AMWU Organiser, be appointed as an alternate to Leon Drury on the occasions Leon is unable to attend the Accreditation Council. The Union said that Mr Simon was actively involved in the AMWU National and State Skills trade committees and was eager to participate in the development and direction of the NSW Training Regime.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Mr George Simon be appointed as the alternate delegate to NSW TAFE Accreditation Council".
Com. P. McClelland seconded the resolution.
CARRIED
2. From the Communications Electrical Plumbing Union:- regarding the conduct of Australia Post engaging in covert surveillance of their employees outside of the NSW Workplace Surveillance Act 2005. The Union said that such unlawful covert surveillance by Australia Post had led to the termination of six Posties. The union advised that they had been successful in having five of the six posties reinstated via the Australia Post disciplinary process and the independent disciplinary Board of Reference Tribunal. The CEPU has instructed legal representatives to commence prosecutions in the local court against Australia Post for engaging in covert surveillance against employees outside of the NSW Workplace Surveillances Act 2005. They said that Australia Post had applied to the Federal Court seeking declarations to be made by the Court to the extent that the NSW Workplace Surveillance Act 2005 has had no application to employers since 26th March 2006 and who are bound by WorkChoices or a declaration that the conduct of covert surveillance undertaken by Australia Post was in order as it was undertaken under the authority of the Australian Postal Corporations Act 1989, being a law of the Commonwealth. The CEPU said that Australia Post were now attempting to suggest that they should not be held accountable for inappropriate or unlawful conduct of a kind in the state of NSW irrespective of the laws that are made by NSW legislators.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW expresses its concern at the actions of Australian Post to challenge the NSW Workplace Surveillance Act 2005.
Further, that the matter be raised with the NSW Government as a matter of urgency."
Com. J. Metcher seconded the resolution.
CARRIED
3. From the National Tertiary Education Union:- thanking Unions NSW for their support during their campaign to secure a fair and decent collective agreement with universities across NSW. They said that the strikes on 9th and 16th September were a great success and that their negotiations for new collective agreements would get rid of John Howard's WorkChoices from all workers in higher education. The Union said that they had also achieved an agreement with the University of Sydney and were hoping that this would assist in pushing other universities in NSW to come to the party as well.
Com. M. Lennon moved the Executive Recommendation:-
"That the correspondence be received and Unions NSW congratulates the NTEU and its members on their ongoing campaign to secure a fair and decent collective agreement with universities across NSW."
Com. G. Kelly seconded and spoke to the resolution.
CARRIED
4. From the Shop, Distributive & Allied Employees' Association:- thanking unions for their contributions to the outcome of the reformed shop trading laws to protect family time. The SDA said that on Friday 11th September 2009 the NSW Government introduced a Bill into the NSW Parliament which would strengthen the Shop Trading Act 2008 by protecting: Christmas Day, Boxing Day, Good Friday, Easter Sunday and Anzac Day to 1pm as non- trading days. They said that the significant areas of change arising from these reforms to the Shop Trading Act include:
? establishing a presumption against granting an exception to trade on one of the named 4½ days;
? removing the Director General of Commerce's absolute discretion to grant an exemption;
? giving appeal rights to interested persons (eg the SDA) if an application to trade on one of the days is granted;
? applications for a trading exemption can only be made by retailers (ie. not shopping centre owners);
? a retailer must undertake to engage only volunteer labour on such a day if they are granted an exemption and
? any exemption granted will cease after a maximum of 3 years.
The SDA said that the Bill introduced on11 September, would have to pass through both houses of the NSW Parliament but the SDA was confident that this would occur and that retail workers and their families would now be able to enjoy a permanent protection from having to work on these culturally significant community days.
Com. M. Lennon moved the Executive Recommendation
"That the correspondence be received and Unions NSW congratulates the NSW Government for introducing laws which will enable shop assistants to have quality time off at Christmas, Easter and on Anzac day.
Further, that the SDA be congratulated for their campaign on this issue."
Com G. Dwyer seconded the resolution.
CARRIED
5. From the Financial Sector Union:- regarding the "High Heel Ban Plan Shock" headline in London tabloid The Sun used to publicise the news that British unions had embarked on a campaign to guarantee that women at work have the right to choose not to wear high heels at work because of the risk to health and safety. The FSU congratulates the British TUC for their initiative and commits to undertake an audit of our own industry to ensure that women working in finance in Australia have the freedom to choose appropriate and safe footwear at work.
Com. M. Lennon moved the Executive recommendation
"That the correspondence be received and Unions NSW acknowledges the British TUC in relation to its initiative to ensure that women are not made to stand for long periods of time in inappropriate footwear.
Further, we congratulate the FSU for also pursing this matter in the finance sector."
Com G. Derrick seconded the resolution
CARRIED
MEETING ADJOURNED AT 6: 40PM
Acting President:____________________________________