1991 December ACTU Executive Decisions

Decisions of ACTU Executive Melbourne December 1991 Matters For Information

REVIEW OF TARIFFS

"That ACTU Executive is gravely concerned that over 20,000 jobs have been lost in the TCF industries in the past 18 months.

Executive notes :

- that the impact of the TCF Plan has been far greater than originally anticipated due to the combined effects of the recession and the March statement

- that the pace of employment contraction in the TCF sector is nearly double the pace of contraction in manufacturing as a whole and four times the contraction in all industries

- that the majority of retrenched TCF workers are extremely disadvantaged in the labour market

- that the pace of change being imposed on the Australian TCF industries is far greater than that facing the industries in the EC and North America

Executive believes that this unmanageable contraction is of no benefit to the Australian TCF industries, its workforce or the economy as a whole.

Executive calls on the Federal Government to take the following steps to stem the tide of retrenchments and closures and restore employment stability to the TCF industries :

- freeze the quota levels and out of duty quota rates at 1992 levels

- suspend and review the proposed 1992-2000 tariff phase down

- develop and introduce a regime of meaningful assistance for the TCF industries and in so doing to give consideration to the operation of the following trading agreements :

- The Multi-Fibre Arrangement and its renegotiation - C.E.R. - SPARTECA" FCU/ASU/MEU AMALGAMATION

"The Executive notes the decision in-principle of the FCU to amalgamate with the ASU and the MEU.

"The Executive also notes the decision of the 1991 Congress to endorse the formation of a new major union, including Clerical Administrative Professional and Technical employees, of which the FCU is to be a core component.

FCU/ASU/MEU Amalgamation

The ACTU endorses the proposed amalgamation which will bring together local government, private sector clerical and administrative employees, and employees of various state and local government authorities.

The new union will form the basis of an effective major trade union catering for the needs of clerical, administrative, professional and technical workers in the private sector and defined areas of public employment, covered by the three unions."

SINGLE UNION COVERAGE - UNION OF CHRISTMAS ISLAND WORKERS

"That with respect to the Christmas Island and Cocos Island the ACTU will support single union coverage for private sector workers.

With respect to Christmas Island, the ACTU determines :

1) The Union of Christmas Island Workers be given Principal union status with sole coverage of private sector and CISC/administration employees on the Island.

2) Existing awards of the Christmas Island Arbitration be continued and deemed to be awards of the Australian Industrial Relations Commission.

3) Sections 193 and 193A of the Act will not apply for a period of three years to allow the union sufficient time to organise its affairs prior to any amalgamation."

WAROU/ASU AMALGAMATION

"That the ACTU support the proposal for amalgamation of the WAROU and the ASU." FGEIU/FMWU AMALGAMATION

"That the proposal for amalgamation between FMWU and FGEIU be endorsed."

AMALGAMATION OF RAIL, BUS & TRAM UNIONS

"That the proposed amalgamation of ARU, AFULE, ATMOEA and NURWA be endorsed by the ACTU Executive."

TELECOMMUNICATIONS SECOND CARRIER - OPTUS

"The ACTU Executive has considered proposals for union coverage in the second telecommunications carrier, Optus.

Executive regards Optus as a Greenfield Site. It notes the agreement between the ATEA/ATPU and Optus for a single union agreement in the enterprise.

Executive states that it regards the capacity and the preparedness of unions to represent all of the occupational groups within their membership to be of considerable importance. In the proposed ATEA/APTU coverage of Optus it will be necessary to ensure that all occupational groups are serviced at a level consistent with the performance of the unions in the past. The end result must be a high level of unionisation in the enterprise.

The ACTU will support a S.118 application by the unions for Optus consistent with its decision subject to the following :

i) The amalgamation between the ATEA/ATPOA and the APTU being successfully implemented so as to achieve a substantial union in the telecommunications area

ii) That the new union achieves high levels of membership in the areas where it has coverage

iii) Confirmation of the previous decisions of the Executive in relation to union coverage in Telecom Australia

In the event that the above is not met Executive will review its decision."

AMALGAMATION - FIMEE/AWU "That the proposed amalgamation of the FIMEE and AWU be endorsed." Matters for Information - 5 - December, 1991

BHP ROOTY HILL STEEL MILL

"That the ACTU endorse FIMEE as the single union to represent employees at the Rooty Hill Steel Mine Mill."

METALLIFEROUS MINING

"That in the mining industry other than coal the AWU be regarded as a Principal Union except in relation to the Northern Territory where the FMWU should be regarded as the Principal Union and Broken Hill where the UMWFA is the Principal union.

Significant Unions to be

AMWU/ADSTE CFMEU (FEDFA excl) TWU (in NT only) ETU

Others to be

TWU (other than NT) - exclusive of contractors ASE Plumbers and OPTDU FCU APEA/APSA FMWU (except NT)"

SCHOOLS SECTOR - PRINCIPAL UNION STATUS FOR ITF - UNION COVERAGE

"That the union organisation in the private schools sector be as follows :

i) The ITF be designated a Principal union in the non-government area of primary and secondary schools.

ii) That the FMWU be designated a Principal Union in respect of groundstaff and cleaners and a significant union in respect of teacher aides.

iii) That the FCU be designated a Significant Union in NSW in respect of its existing industrial coverage.

iv) That all remaining unions be designated as in the Other category."

SCHOOLS SECTOR - STATE SCHOOLS Matters for Information - 6 - December, 1991

"That in respect of union organisation in State Schools the Executive endorses:

i) Subject to this decision that the ATU be designated as a Principal Union for areas other than cleaners, groundstaff and associated grades

ii) That FMWU be designated as a Principal Union for cleaners, groundstaff and associated grades

iii) That the SPSF, PSU, FMWU and ATU undertake further discussions to determine more clearly those positions which are in an educative role and those which have a support role. The classification of the SPSF and PSU to be subject to the outcome of these discussions.

iv) This matter to be subject of a further report to the Executive."

SHERATON HOTELS

"That the Principal Unions in the Sheraton Hotels in Sydney and Melbourne be the FLAIEU and FMWU."

OTIS ELEVATORS

"The manufacturing plant re Otis Elevators should be covered by MEWU and ETU on the following basis.

(i) That the NUW and MEWU is congratulated for the constructive way they entered into discussions. The NUW conditions on ACTU arbitration are adopted.

The NUW and MEWU agreed that with the exception of six employees the current NUW members do not fall into the category of finished good warehouse workers and should be transferred to the MEWU.

In respect to the remaining six, the ACTU determines that they also be transferred to the MEWU on the following conditions.

a) that the MEWU accepts that the arbitration does not create a precedent, and

b) that MEWU endeavours to offset NUW membership loss in a appropriate finished good area. Matters for Information - 7 - December, 1991

(ii) That the company accepts the ACTU proposal and will enter into negotiations to conclude a coverage agreement to be registered including the ETU and MEWU.

(iii) That the FCU members be transferred to MEWU with the exception of members engaged in the office in an administrative and clerical capacity.

(iv) That the FIMEE members should be transferred to the MEWU on the basis that it is without prejudice to membership rights in other areas.

MEWU to acknowledge this and confirm that it will facilitate counter transfer of members in appropriate circumstances."

CEMENT INDUSTRY

"That union organisation for the Cement industry be as follows :

i) AWU is designated as the principal union ii) MEWU is designated as a significant union iii) all other unions designated as "other"

ETU to be subject to further information and membership numbers with an ability to argue for significant status.

iv) Contractors to the industry such as building, transport, electrical, plumbing etc. should not be considered as part of the cement manufacturing industry.

The above designations are conditional on the following positions being negotiated and agreed :

i) AWU and MEWU to resolve issues of demarcation lines between maintenance and production and the question of coverage of professional/supervisory functions including those currently not unionised

ii) AWU and FCU to resolve coverage of clerical functions along the lines that clerical functions which form part of production be members of the AWU and others in head offices etc. be FCU members.

iii) AWU and FIA to discuss coverage of current FIA members."

FINANCE SECTOR - UNION ORGANISATION

"Executive reaffirms the decisions of the Executive taken at the meetings held in November 1990 and August 1991 regarding rationalisation in the Finance Sector. Matters for Information - 8 - December, 1991

Executive has decided that the Finance Sector Union should be the principal union and have the right to cover by Award prescription all Bank employees (except the CBOA).

Executive has also determined that the Federated Clerks Union should be entitled to represent its members where it has significant membership and that the FCU should be party to any new award in respect of its significant membership areas.

Banking : Challenge Bank (WA, SA, VIC) (includes NPMS) Advance Bank (NSW and ACT)

Building Societies : Home Building Society (WA) Suncorp, Wide Bay (QLD) Co-operative, Hindmarsh, Adelaide (SA) Bendigo Building Society (VIC) NSW Building Societies generally

Credit Unions : Queensland Country, Police, Credit Union Australia, Public Sector, Railways (QLD)

Island State, (TAS) Australian Central Credit, CPS, ETSA, Police, Satisfac, SA PSA, Savings and Loans, WWF, Credit Union Services Co- op of SA., NACOS C.U. Ltd, (SA) Police, Piccol, Moe & District, Ed Credit (VIC) Illawarra Credit Union (NSW) Herald Employees Credit Co-op (VIC) QLD Teachers Credit Union (QLD) WWF Credit Union (NSW)

Finance Companies :AGC (QLD) Custom Credit, Barclays Australia (WA)

Friendly Societies : HBF Friendly Society (WA) ANA, IOOF, OST (VIC)

The Executive determines that if the ACTU is satisfied, after conferring with both FSU and FCU that there is a significant number of FCU members in the above- mentioned companies the FCU should be entitled to the protection of "significant" membership criteria, as per ACTU policy. Matters for Information - 9 - December, 1991

Executive recognises that the FCU is the principal union in the health insurance industry (excluding HIC). FCU membership in RACT Insurance (TAS) is also recognised.

Executive authorises the ACTU officers to make submissions in any Commission proceedings consistent with this decision and ACTU policy."

ROAD TRAFFIC AUTHORITY - NSW - SPSF AND ASU

"That with respect to the Road Traffic Authority in New South Wales the SPSF is the principal union at the ASU is a significant union. In the Roads Corporation of Victoria the ASU is the principal union and the SPSF is a significant union.

If the above is not accepted by the SPSF and/or the Industrial Relations Commission and the ASU is not recognised as a significant union and given the rights of a significant union in the Road Traffic Authority of NSW then the SPSF should also not be recognised as a significant union or given the rights of a significant union in the Roads Corporation of Victoria."

WONGAWILLI MINE

(1) "That the ACTU Executive establish a sub committee to examine appropriate principles for determining greenfields site consistent with ACTU policy and the use of S. 118. This sub committee furnish a report to the next Executive meeting in March 1992."

(2) "That the ACTU Executive accepts the position that the number 3 seam at the Wongawilli Mine site is a greenfields site operation with the UMWF as the Principal Union. Further the Executive reaffirms the classification of the ETU and the MEWU as significant unions in the coal mining industry.

In respect of the Greenfields site the UMWF is to address issues of concern in the metals and electrical area particularly in regard to job security and employment conditions. Discussions should be undertaken between the UMWF, ETU and MEWU on the issue of an orderly transfer of members."

CODE OF CONDUCT - METAL INDUSTRY

"That the Code of Conduct in the Metal Industry between FIMEE and MEWU as set out below be endorsed."

CODE OF CONDUCT Matters for Information - 10 - December, 1991

"Between the Federation of Industrial Manufacturing and Engineering Employees and the Metal and Engineering Workers Union.

1. It is recognised by both the organisations FIMEE and MEWU that the ACTU policy requires the rationalisation of Unions at the Industry and Enterprise level but rejects the full contestability Model.

2. The FIMEE and MEWU recognise each other's legitimate concerns and areas of membership interests that may be affected by such ACTU rationalisation of unions within the Metal Industry and at the individual enterprise level. While the Unions are in the process of reaching agreement on areas of coverage the following conditions shall apply.

3. FIMEE agrees to respect MEWU membership and will not seek to poach MEWU members and enrol into FIMEE.

4. MEWU agrees to respect FIMEE membership and will not seek to poach FIMEE members and enrol into MEWU.

5. In circumstances where an enterprise has not been previously organised open to either organisations FIMEE or MEWU to enrol all employees recruited.

6. In existing enterprises where either FIMEE or MEWU have only a small number of members, membership swapping between FIMEE and MEWU may take place over time with the genuine consent of the members but only after such intent to swap members has been agreed to by the other organisation and with the prior knowledge of the ACTU in each and every occasion.

7. Greenfield sites - it is open to either FIMEE or MEWU to enrol all employees for exclusive coverage by that organisation.

8. Where a dispute arises in relation to any of the above mentioned processes such dispute matters are to be referred to the ACTU in the first instance.

9. The existing constitutional coverage shall remain. 10. The progress of rationalisation shall be referred to the March Executive.

11. In any Greenfield developments arising in the interim shall not compete on the basis of: (a) union dues (b) reducing award standard or established conditions of the industry (c) excluding section of employment from union membership.

12. Any Greenfield site in which there is no agreement between the union shall be referred to the ACTU."

ROOTY HILL MINI MILL

"That the ACTU Executive endorse that the Rooty Hill Mini Mill is a Greenfields site with FIMEE as the sole union having coverage of employees."

ADI DECONTAMINATION DIVISION

"That the ACTU Executive endorse that the ADI Decontamination Division is a Greenfields site and that FIMEE is the sole union having coverage of employees."

ACTU BUILDINGS

John Curtin House

"i) The Executive authorise the ACTU to purchase an additional 10% interest in John Curtin House for $1,030,000; and

ii) The Executive authorise the ACTU to indicate to the ALP that it would be our intention to increase our equity, up to a further 10% subject to :

a) a ceiling of $1.1 million; b) the ACTU having a capacity to fund the purchase out of accumulated rental income; c) a valuation report acceptable to the Executive; and d) the Executive retaining final approval over any offer to be made to the ALP."

40 Brisbane Avenue

"i) The Executive authorise the ACTU to sell unit 10 for $284,200 Matters for Information - 12 - December, 1991

ii) In accordance with the Deed of Agreement the ACTU will offer to sell Unit 10 at $284,000 to each of the other unit holders who are affiliates. In the event that none of the unit holders accept the offer then an offer will be made to all other ACTU affiliates

iii) In the event that no affiliate wishes to purchase Unit 10 it will be sold to the AJA."

ACTU EXECUTIVE MEETING DATES - 1992

"That the Executive meeting dates for 1992 be as follows :

MARCH ACTU Executive Committee - Afternoon 10 March ACTU Executive - 11-13 March

MAY Executive Committee - Morning 11 May Meeting of State Branches - Afternoon 11 May ACTU Executive - 12th-15 May

AUGUST Executive Committee - Afternoon 10 August ACTU Executive - 11-14 August (subject to confirmation that Budget is 11 August 1992)

DECEMBER Executive Committee - Afternoon 7 December ACTU Executive 8-11 December"

NATIONAL STANDARDS FOR WORKERS COMPENSATION

"The ACTU Executive agrees to release the Paper - 'National Standards for Workers Compensation - A Discussion Paper' for consideration by State Branches and their affiliates. In particular Branches are requested to consider the principles proposed by the paper and the proposal that the ACTU seek to establish National Standards at an industry level and via negotiations with the Federal Government".

AUSTRALIAN NATIONAL REDUNDANCIES

"That the ACTU Executive endorses the Memorandum of Understanding covering redundancy situations in Australian National Railways. The Executive notes that the Memorandum will cover redundancies associated with the establishing of the National Freight Corporation and that the standard Matters for Information - 13 - December, 1991

established by the Memorandum is in the same ball park as the entitlements provided to Victorian rail workers. The Executive supports the position of rail industry unions that redundancy payments for rail workers in New South Wales who will be effected by the establishing of the NRC should be brought up to a level commensurate with the standards now applying in Victoria and AN".

EAST TIMOR

"1. That the ACTU Executive:

1.1 expresses its revulsion and outrage at the massacre of innocent East Timorese men, women and children. We believe that the continued blatant, brutal Indonesian military action has horrified not only the international community but also an increasing number of Indonesian people

1.2 recognises that the massacre must be seen in context; it is not an aberration but consistent with a pattern of widespread systematic repression and abuse and therefore a new approach is needed to break the cycle of repression and resistance to achieve a sustainable settlement of conflict

1.3 views with alarm the reported comments by officers of Indonesia's armed forces condoning the use of force against the East Timorese people which are but a reflection of the army's arrogant disregard of civilian authority

1.4 expresses its deepest sympathy and condolences to the families and friends of the victims of the tragedy

1.5 joins with Community Aid Abroad, the Uniting Church in Australia, Amnesty International Australia, Australian Council for Overseas Aid, and the Australian Catholic Bishops Conference in urging concerted national and international action in support of the East Timorese people

1.6 supports the establishment by the East Timorese community, trade unions and human rights groups, of the East Timor Embassy and Information Centre set up adjacent to the Indonesian Embassy in Canberra and the protest action that has been taken against the Indonesian Government.

1.7 advises the Indonesian Government that just as its own independence was supported and assisted by the Australian Trade Union movement we intend to pursue East Timorese right to self determination.

2. The ACTU Congress policy as re-endorsed unanimously at our 1991 Congress Matters for Information - 14 - December, 1991

2.1 recognises the inalienable right of the East Timorese people to self determination and independence and condemns the Indonesian annexation of East Timor.

3. The ACTU

3.1 notes the Indonesian Government's decision to set up an inquiry into the Dili massacre; whilst having serious concerns about the composition of the inquiry the ACTU urges the Indonesian Government to permit foreign correspondents and observers including the Indonesian Legal Aid Institute to monitor the inquiry

3.2 calls upon the Indonesian Government to ensure that

a. that the inquiry is free, accurate, just and thorough,

b. that it is conducted fairly and impartially with all witnesses guaranteed protection

c. the entry of overseas observers to the events of Nov. 12 be facilitated to give evidence to the inquiry

3.3 urges, however, that the United Nations Secretary General take steps firstly to immediately establish an independent international inquiry to complement the Indonesian Government's national investigation; such an inquiry to be carried out by the UN Commission on Human Rights or the UN Special Rapporteur on Summary and Arbitrary Executions, and secondly, to include in future talks between Portugal and Indonesia on East Timor representatives of the East Timorese people

3.4 calls upon both the International Committee of the Red Cross and its members in Indonesia - the Indonesia Red Cross and Red Crescent to cooperate with, and provide reports on the situation, both to the Indonesian and international inquiries.

4. The ACTU calls upon the Indonesian Government

4.1 to provide immediate access by the International Committee of Red Cross and the Indonesian Red Cross/Red Crescent to those wounded or detained as a result of the events of 12 November

4.2 to facilitate the immediate entry of the Australian Council for Overseas Aid's medical team to East Timor

4.3 to provide immediately all information on those detained and missing persons about whom concern has been expressed Matters for Information - 15 - December, 1991

4.4 to release all political prisoners detained because of their opposition to the integration of East Timor with Indonesia and ensure that they will be free from intimidation, harassment or detention, and that there will be access to them by legal aid groups such as, the Indonesian Legal Aid Institute

4.5 to ensure that any individuals found responsible for the massacre are prosecuted

4.6 to provide generous compensation to the families of those killed or wounded in the massacre.

5. The ACTU

5.1 notes that under its own guidelines, the Government has agreed "that Australia will not export military or related goods to governments that seriously violate their citizens rights"

5.2 further notes that the Indonesian armed forces have brutally violated the rights of the Timorese people

5.3 therefore, calls upon the Australian Government to immediately suspend all military aid and sales to Indonesia

5.4 suspend, until further notice the Defence Cooperation Program, and to,

5.5 review its relations with the Indonesian Government including withdrawal of de jure recognition of East Timor in light of these events.

6. The ACTU calls on those planning visits and holidays to Indonesia in the immediate future, that on moral grounds and as a personal and individual protest consider cancelling their visit.

7. The ACTU will immediately take steps to explore with the East Timorese people the possibility of developing aid and community development programs.

8. The ACTU

8.1 calls upon its affiliates to actively support the planned national Day of Mourning to be held across Australia on 7 December, the anniversary of the Indonesian take over of East Timor

8.2 urges all member unions to contribute financially to work in Australian undertaken to promote human rights and justice in East Timor

8.3 indicates that on that day as a mark of solidarity no ships or planes flying the Indonesian flag will be serviced, and,

Matters for Information - 16 - December, 1991

8.4 warns that a further review of trade sanctions will be carried out following assessments of the reports of the Indonesian inquiry, the UN investigation and the visit of the Minister for Foreign Affairs. In this context the ACTU is prepared to consider putting in place in the future a coordinated range of national bans including a ban on all work in the Timor Sea Zone of Cooperation.

8.5 calls upon affiliates to consult with their membership and advise the ACTU what type of action they would be prepared to take, in the event of the ACTU being required to put in place a co-ordinated range of national bans should the Indonesian Government Inquiry prove to be a sham, or the UN investigation or the report of the visit by the Minister for Foreign Affairs to Indonesia not provide a practical means of coming to terms with the situation in East Timor. Matters for Information - 17 - December, 1991

The ACTU Officers will report to the International Committee in January 1992 on the response from affiliates in association with an assessment of the relevant reports provided for herein.

9. Finally, the ACTU

9.1 supports the visit of the Minister for Foreign Affairs and Trade to Indonesia to express in the strongest terms the Australia community's concern with the events of 12 November but calls upon the Australian Government not to go ahead with any further visits by members of the Australian Government or its officials until an assessment of the situation by the Minister for Foreign Affairs and Trade has been received

9.2 urges him to immediately request the Australian Ambassador to locate staff in East Timor as the first step to establishing a Consulate

9.3 requests the Australian Government to provide immediate additional aid to the ICRC to maintain and expand its presence in East Timor

9.4 request the Minister's assistance and support for a trade union delegation to visit Indonesia for discussions with both trade unions and the East Timorese people.

9.5 calls upon the Australian Government to support a process of discussions without preconditions on East Timor between Indonesia, Portugal and East Timor under the auspices of the UN.

10. The ACTU undertakes to communicate these resolutions to the ICFTU, the AFL-CIO, Japanese unions and other union bodies as appropriate and to urge them to adopt similar resolutions and actions."

SUPERANNUATION

"That the ACTU establish a Superannuation Committee to deal with emerging issues in the superannuation area."

ROBE RIVER

"The ACTU support and endorse the maritime unions' vigil outside the offices of Robe River Iron and Mitsui in Perth, WA. Maritime unions and their members are to be commended for the action they have taken to date to press the company for proper award coverage and the reinstatement of sacked workers."

UNEMPLOYMENT - JOBS AND JUSTICE WEEK Matters for Information - 18 - December, 1991

"That the ACTU Executive endorse the week Monday, 17 February/Sunday, 23 February 1992 as a national "Jobs and Justice Week" and request all State and Provincial Trades and Labour Councils to organise a program of public/industrial activities for that week or, if necessary, at some other suitable time."

"The ACTU Executive

recognising that the Fiji trade union movement represented by the Fiji Trade Union Congress has maintained a long and principled opposition to a non- elected and military appointed Fiji administration.

believes that Fiji's regime's November decrees are clearly designed to cripple the trade union and labour movement in Fiji.

calls upon affiliates to strengthen their relationship with similar interest unions in Fiji and to investigate means of practical assistance that could be provided to Fiji trade unions.

requests the International Confederation of Trade Unions (ICFTU) - the international confederation to which the ACTU is affiliated) to arrange a visit to Fiji; and

commits itself to supporting the Day of Protest by way of bans and sanctions the timing of such a protest will be determined following discussions with the FTUC."