Resolutions
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Melbourne Branch delegates
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Job Security
RESOLUTION 1:
- This Conference resolves that the work done on the Security Legislation
by the MUA be recognised and continued.
- This Conference moves that Branches ensure that all Port Security Committees
have MUA representatives involvement.
- That the MUA continue its campaign in lobbying State/Federal governments
to be included on the Maritime Security Committees.
RESOLUTION 2:
- This Conference endorses the Federal officials in pursuing the MUSE proposals.
The implementation of the Maritime Union System of Employment is supported
by this Conference.
RESOLUTION 3:
- This Conference resolves to embark on an active campaign to ensure job
security for maritime workers across all areas of the maritime industry
by developing and implementing the National Enterprise Agreement Template
to see the fundamental elements of Job Security included in every EBA, giving
maritime workers the opportunity to advance their positions and secure their
employment in their respective industries and workplaces.
These elements should include:
- MUSE
- OHS
- Career Paths to Permanency (timeframe)
- Permanency
- Protection of the Delegates
- Maintenance of the integrity of existing rosters and permanent positions.
- Maximisation of work opportunities for all our members through systems
such as - Pooling/MUSE/Intercompany hire for non-permanents and permanents
where applicable.
- Strategies to ensure portability/protection of workers' rights and entitlements
when a transfer of contract occurs.
- Company funded training
RESOLUTION 4: recruitment & promotion
- This Conference resolves the selection for promotion to have the involvement
of MUA committees to ensure transparency. These committees will monitor
the career paths leading to permanent employment with length of service
given a priority in the selection criteria.
- The MUA be involved in induction of new recruits. We seek to insert in
all agreements provisions for the Employee Representative Committee (ERC)
to be involved in promotion and discipline issues. The ERC shall not have
more Employer Representatives than Employee Representatives.
RESOLUTION 5:
- This Conference resolves it should be the aim in all EBA negotiations
to maximise the use of rosters and permanent jobs.
- In enterprises where there is a bonafide requirement for non-permanents
the EBA should reflect a defined percentage of permanent and causal ratio
to ensure over-supply does not occur.
- Minimum employee establishment numbers, in each category, to be negotiated
and recorded in all EBAs.
RESOLUTION 6:
- This Conference resolves that the union continues to push employer groups
for greater participation of women in all maritime industries.
RESOLUTION 7:
- This Conference resolves to support the ITF (International Transport Workers'
Federation) and affiliates in their International Campaign to protect Dockers'
work from seafarers being forced to do stevedoring work in all Australian
Ports.
RESOLUTION 8:
- This Conference resolves that a clause be added to the 'National Enterprise
Agreement Template', similar to the Fulltime Union Official's clause in
the 2001 Patrick Agreement, so as to protect the rights of elected officials
to re-enter the workforce, and remove any disincentive to members pursuing
an elected position.
RESOLUTION 9:
- This Conference resolves that the National Enterprise Agreement Template
should also include the establishment of an Occupational Health & Safety
Committee and an Employee Representative Committee at each site.
RESOLUTION 10:
- This Conference resolves that the union monitors the ACTU legal challenge
on the test case for Casualisation.
RESOLUTION 11:
- This Conference resolves the union continues with a campaign to rid the
industry of Labour Hire companies and the outsourcing of our jobs and regain
the coverage of all areas where traditional work has been performed. This
resolution is seen as a way of reclaiming our work and gaining real job
security as well as stopping the erosion of hard won conditions that are
being removed by outsourcing and the use of Labour Hire companies
RESOLUTION 12:
- This Conference resolves that the MUA and SRF further investigate death
and disability cover for seafarers awaiting employment through the Database,
including negotiation through the EBA process to have the employers fund
additional life insurance, and to seek an extension beyond the current six
month database coverage through the SRF Board..
Growth
GROWTH
That the Committee dealing with growth recognise that there
is growth potential both amongst our traditional areas of coverage and externally.
In regard to achieving 100% Union coverage in our traditional
areas of coverage, the Committee urged all delegates, Officials and membership
to continue to strive to ensure our objectives in this area.
This Committee recognised and supports the new initiatives
of the Sydney and WA Branch in
- issuing membership cards, and
- SMS messages to unfinancial members as important tools in recognising
our goals.
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There are organising opportunities for the union in areas
that have little or no union coverage and union membership density. An example
of this is the charter vessel industry in Sydney Harbour. This industry
is an ever expanding one and will continue to grow to meet the expectations
of growing tourism demands. The workers who work within the industry are
largely itinerant in nature, employed through AWAs, and work long hours
for small amounts of pay. It is an area crying out for union coverage and
it is estimated that in excess of 1500 persons would be eligible for MUA
membership given appropriate conditions and circumstances.
INCREASING MEMBERSHIP
FINANCIALITY
The Committee believes that the Union has growth opportunities
within its ranks via achieving 100% union membership. This can be achieved
by
- Use of pivot tables to identify unfinanciality
- Branch and Port committees developing strategies for their workplaces
- Workplace delegates to be given training to deal with unfinancial members
- Induction meetings with new employees for the Union in EBAs
- Induction kits to be developed for new members
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However, the best way to ensure 100% financiality is
Every one is an equal member in the Union, permanent, casual,
men and women - all treated equally, all members.
We are seeking the support of Conference to endorse an
"Organising Campaign" to bring these workers into MUA membership and allow
us to negotiate decent working agreements. In endorsing this campaign it
is understood that this task is a difficult and comprehensive one and it
will require both financial and other resources of the union to be applied
to it.
SUBMISSIONS 2 and 9
The MUA as part of the growth strategy should give consideration
to the placement of Officials and or Organisers in such places as North West
WA, North Queensland and wherever else growth opportunities can and have been
achieved to ensure the Union continues represent these new members in those
and other areas.
SUBMISSION 3 - TRAINING OF MEMBERS
Training of members is considered vital in demonstrating
to members and potential members that a career path with opportunities is
provided in our industries so that workers can reach fulfilment to their highest
level of their capacities.
Further, a fair selection process of new workers should be
covered by the placement of workforce representatives on the interview panel
and this should be secured in Enterprise Agreements.
SUBMISSION 4 - SECURITY
The MUA had for many years the coverage of security personnel
through watchmen and gatekeepers on the waterfront and in shipping. With the
increased security awareness and new measures being introduced. The MUA should
use all endeavours to re-establish a Union presence in this area.
Also where appropriate, training should be provided for current
members to take on such positions within their enterprise. New members recruited
into the security areas should be appropriate inductions on the importance
and benefits of being a member of the MUA.
SUBMISSION 5 - UNION PROMOTION
The Committee believes that working with other unions and
through the ACTU that a Union Awareness program could be undertaken with the
assistance of the rank and file membership that would include giving talks
to schools and interested community groups on our industries that we work
in, the role and structures of our Union and consideration should be given
to the development of information packages that could include Powerpoint presentations.
SUBMISSION 6 - AWU/MUA ALLIANCE
The Committee, having heard reports on the MUA/AWU alliance
endorsed the initiative as a great potential for growth and demonstrates that
where unions can work together real benefits for the union and most importantly
the workers can be achieved. The Committee congratulates those involved in
the initiative.
SUBMISSION 7 - INDUCTION PACKS
The Committee believes that the Union should develop a generic
induction pack to be provided to all new members. It could include a brief
history of the Union and their particular industry, information about superannuation,
credit union and possibly a union badge and cap - all part of welcoming new
workers into the Union.
SUBMISSION 8 - FISHERMANS ISLAND
With the relocation of all stevedoring operations to Fishermans
Island in the very near future and many associated industries such as warehousing,
depots, bulk liquid facilities and container parks, the opportunities present
themselves to the Union. Therefore the Union should organise these workers
into our Union or, if not available, into a union with the assistance of the
Queensland Council of Trade Unions.
GROWTH OPPORTUNITIES
The Committee identified a range of industries where there
were growth opportunities:
- Dive tourist industry
- Pearl diving
- Aqua culture/fish farms
- Charter vessels
- Hydrocarbons.
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These opportunities are present in almost all States and
require a systematic approach to the organisation in this area. The Committee
was thankful of the report of Tony Maher of the CFMEU Mining Division, who
demonstrated their approach through their organising unit "Unite" and the
results achieved in turning non-union mines to union.
The Committee also had a briefing from Bernie Farrelly
who is part of the organising unit and described the science behind recruiting
in today's environment of the individual before the collective.
Resolved:
To reaffirm the National Council's decision to work closely
with the CFMEU Mining Division and recommends the Union commit to a joint
organising unit with the CFMEU Mining Division.
Working Conditions
OCCUPATIONAL HEALTH& SAFETY
Development of a policy to ensure that members who are injured
on the job are provided protection from termination on medical grounds. In
this regard consultation should be entered into with the ACTU and State peak
Union Bodies to seek legislative change to circumvent companies from terminating
injured workers
Further to the above, the redeployment clauses in certified
agreements need to be strengthened / introduced to ensure the protection of
members with injury / medical conditions
Proactive education to members on the pros/cons on pursuing
Common Law Claims.
DRUG & ALCOHOL POLICY
That the MUA develops a nationally consistent approach to
drug and alcohol strategy appropriate to different sectors of the industry.
This approach will be included in the National EBA Template.
The MUA recognises that the misuse of drug & alcohol at work
constitute a potential workplace hazard. Employees affected by drug & alcohol
may be impaired and as such pose a risk to themselves and others.
Within existing legal and regulatory constraints, the MUA
will seek to ensure that policies and procedures are focused on drug and alcohol
misuse prevention, self-management and rehabilitation as opposed to detection
and discipline.
Consideration should be given to different types of testing
and wherever possible, blood testing will be opposed.
Testing must be based on impairment and safety and not based
on invasion of people's privacy. Testing should not be used to target individuals
or to discriminate
TRAINING
Paid Trade Union Leave to be included in EBAs.
MUA Training facility at St Georges Basin will be used whenever
possible based upon availability and cost effectiveness.
An induction module for new members be developed by the National
Training Officer and delivered by the National Training Officer, Officials
and delegates.
The MUA seek to utilise expertise of members and retired
members where possible and practicable.
Paid Trade Union Leave conditions will be based on best practice
relevant at the time That MUA facilitate through TDT Australia the certification
and qualifications for the position of Linesman/Mooring Gangs so as to ensure
this position is recognised under the Australian Qualification Framework and
to be entered into the Maritime Training Package.
EBA GENERAL
The ACTU Delegates Charter be included in each Enterprise
Agreement.
Resolved that a draft Enterprise Agreement template pro-forma
be amended and updated with appropriate wording for all preamble, motherhood
statements and MUA policies, including delegates involvement in recruitment
selection, upgrading process and any other relevant template clauses.
Conference endorses that the MUA actively pursue salary sacrifice
to maximise the opportunities available to all members eg home and cars.
Conference recommends that the MUA pursue the right to return
to previous employment where an official is voted out of office the member
should not be disadvantaged in respect of entitlement and gradings/classification.
Conference re-affirms the position that everyone working
within the industries covered by the MUA should be a member as all employees
receive the outcomes negotiated by Union and delegates.
That the Conference reaffirms its commitment to union policy
of a universal and total health care system accessible to all Australians.
Conference recognises the continued push by Governments to push the onus of
health care onto individual workers and their families.
Conference notes all areas where private health cover has
been determined to be the responsibility of the employers and urges the pursuit
of these claims in all relevant areas.
Conference calls on the MUA to strive to achieve improved
conditions for Long Service Leave. Long Service Leave should be based on length
of service with the employer irrespective of the status of the employee.
Conference recognises bonuses have been paid in some sectors
of the industry for a number of years.
Where such payments have been identified within an enterprise,
clauses shall reflect that the payments be distributed in an equitable non-discriminatory
manner to all employees engaged at that work site. Therefore Conference also
believes that the pooling of bonus payments is advantageous to the whole of
the workforce and it undermines the employers' objective to create division
amongst the workforce and dilute OH&S provisions.
Offshore F.P.S.O. agreements should be standardised where
possible. The Union should strive towards this objective and use the Cossack
Pioneer Agreement as achieving it as a benchmark.
The Union reject any budget constraints in the Offshore Oil
& Gas Industry in relation to ships stores. We recommend that members be vigilant
and demand the quality is to be the best of Australia standards as per the
enterprise agreement.
Heat Agreements should apply throughout stevedoring sites.
Each agreement should achieve protection of members, and should observe all
relevant OH&S requirements.
Conference calls on the development of a strategy that encompasses
income protection and gap insurance for the purpose of workers compensation.
Duration of driving time should not be detrimental to health
and safety of those operators and should be consistent with OH&S regulations.
All casual employees should be supplied with the appropriate
equipment and required clothing to relevant industry standard.
Conference agrees to pursue flexible and progressive outcomes
for all members on Closed Port Days in the Stevedoring Industry. Positive
solutions should be found to ensure workers are not forced to work against
their will. Consideration should be given to voluntary Closed Port Day Roster.
Conference recognised that salaries need to reflect the actual
hours of work. Any hours worked in excess of these hours shall be paid as
overtime.
Excess hours need to be strictly monitored to ensure they
do not have a detrimental effect on the health and well being of our members
particularly in regards to fatigue, stress and family commitments/obligations.
Conference determines the need to pursue acceptable amenities
that meet all OH&S legislation to be accessible in all working areas for both
genders.
EBA NEGOTIATIONS
In all enterprise negotiations, we need to empower branches
and delegates to ensure their active involvement in these negotiations.
This will ensure the membership have ownership of Agreements.
The National Office will provide a supportive base, if and
when required.
Members should be continued to be informed and updated at
all stages of negotiations.
Enterprise negotiations should be inclusive of the following
points as listed hereunder:
(a) Comprehensive planning by delegate and branches prior
to commencement of negotiations with the employer.
(b) mapping of each enterprise needs to be conducted with
the primary aim of establishing wherever possible a pattern bargained outcome.
(c) Negotiations should start at the appropriate time to
ensure that they are completed prior to the expiration of the current agreement,
thus circumventing a wage pause within enterprise.
(d) It is important to report backs to the membership so
as to ensure the understanding of the Agreement and the process of negotiations.
In this regard the following procedures should be followed:
i) Distribution of newsletters to the membership updating
the progress of the negotiations this should be inclusive of updates on
the members area of the website.
ii) Reports should be delivered to the membership via
the most appropriate means. i.e. Job meetings on the worksite, whether
that encompasses change of shift/swing or lunch meeting. Where it is available
within enterprise agreements, company meetings should be convened.
(e) The utilization of expert advice when the requirement
is identified.
(f) Conference recommends that comprehensive implementation
meetings are conducted to ensure all parties have a thorough understanding
of the Agreement.
(g) We need to ensure that the practical outcomes are reviewed
on a regular basis, if required, as to a beneficial outcome to the membership
so assessments can be made.
(h) Any reviews contained in EBAs should occur within the
time frame.
(i) The Union should endeavour to benchmark our EBAs against
other relevant National and International Agreements.
(j) In regard to E.B.A. negotiations where other Unions
are involved and we need to ensure that our members are not disadvantaged
in outcomes especially when we are in theminority. When it is considered
that it would be a benefit to MUA members, separate EBA's should be negotiated.
LEGAL
- The MUA is to continue to provide legal training of delegates and officials
to ensure they can protect their legal rights and to take proactive steps
to protect their rights in the Commission and on the job.
- The membership endorses the tendering process of legal services to ensure
that we are getting the best value for their money.
- Personal Grievance procedures should be included in all Enterprise Agreements
and should express the ability to have an interview conducted with the employer
to explain the reasons for the decision.
FAMILY FLEXIBILITY
Conference calls on the Union to develop an industry strategy
and workplace campaign around improving negotiation outcomes for members and
their families.
It has long been a Union objective to improve social conditions
and deliver core labour standards. Australia is one of two OECD countries
that has not delivered these to its people; such as the ILO Convention 183
on Maternity Protection outlining a minimum entitlement of 12 weeks paid maternity
leave
Conference calls for an extension of unpaid maternity leave
to 24 months at the members' request. Conference also recognises the importance
of leave access for both parents at the time of birth or adoption of a child,
and the need to access paid carers leave for all family members.
We encourage that branch site and negotiation committee's
investigate working hours issues to better reflect the variety of family /
life balance concerns of our members and ensure that these needs are being
better accommodated (such as access to children coinciding with rostered work)
and more reflective of social norms.
Conference call on the union to deliver family flexibility
in an inclusive, transparent and blanket approach taking into consideration
industry and site trends.
SUPERANUATION, RETIREMENT & REDUNDANCIES
Conference recommends that our Directors strive to achieve
the best results possible within the relative trust deeds of our associated
superannuation funds to maximise the benefits for our members.
Our union shall pursue that all members should have choice
and access to industry funds.
Conference reaffirms that education in the area of superannuation
is important in allowing our members to understand this complex area and in
this regard, regular seminars should be held.
Conference notes that redundancy arrangements need to be
negotiated with employers, and redundancy should be recognised as a last resort
within our industries as redundancy is detrimental to the growth of permanent
positions.
If Redundancy is applicable in our worksites after the instigation
of redeployment provisions we empower our union to maximise benefits in this
area with any such redundancies should be voluntary.
INDUSTRIAL AGREEMENTS
- Conference calls on the Union to include in all EBA negotiations payments
from respective employers whilst attending union conferences or training.
TOWAGE
- Conference supports MUA members in the towage industry to defend wages
and conditions of employment and that the union inspect all vessels entering
the Australian industry.
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