Ed Davis

The ACTU Congress of 2003

The 2003 Australian Council of Trade Unions (ACTU) Congress was held in Melbourne from 18–21 August. Congress had returned to Melbourne after experiments with Brisbane in 1997, the first time outside Melbourne or Sydney, and Wollongong in 2000, the first time outside a capital city. The venue was the Convention Centre. There were 897 delegates, holding 1,597 votes, from 36 unions, 17 state and provincial labour councils and the ACTU office (see Appendix 1).¹ This was the second triennial Congress and second Congress with President Sharan Burrow and Secretary Greg Combet at the helm.

This was the third Congress in succession with John Howard in office as Prime Minister (PM) and leader of the Liberal-National Parties Coalition. Previous Congresses had made frequent references to the threats posed to unions and working people and this Congress was to be no different. The Prime Minister and the Minister for Workplace Relations, Tony Abbott, were ever-present spectres at the feast. A feature of this Congress was the amount of time devoted to political concerns and the need for strategy to return the Australian Labor Party (ALP) to federal government.

Unease over the federal political environment was heightened by divisions within the ALP. Former leader, Kym Beazley, defeated in the 2002 federal election, had ceded the leadership to Simon Crean.² Months of poor opinion polls on preference for PM suggesting a very significant gap between Howard and Crean had encouraged Beazley to seek to recapture the leadership. Unions were divided with several declaring for Beazley.³ A ballot of the federal ALP caucus resulted in a win for Crean by 58:34 votes.⁴ The opinion polls remained troubling. A Newspoll published during the Congress indicated the Coalition was ahead of the ALP on the two party preferred vote by 52 per cent to 48 per cent. John Howard was preferred PM with 62 per cent; Crean 18 per cent and 20 per cent uncommitted.⁵ In significant contrast to the federal sphere all six states and both Territory governments were led by the ALP.

The economic news was mixed. The 2003 federal budget indicated that growth in Gross Domestic Product had slowed from around 4 per cent per annum to around 3 per cent.⁶ In the face of terrorist attacks, the war on Iraq and the outbreak of a highly contagious and life-threatening virus in the Asia-Pacific region, the Australian economy appeared considerably more resilient than the bulk of Organisation for Economic Cooperation and Development (OECD) and Asia Pacific countries. Unemployment appeared stuck around 6 per cent and inflation between 2 and 3 per cent. Closer inspection of economic developments, however, revealed a pattern of increasing inequity in income distribution, greater uncertainty over jobs and career paths, and longer hours for many at work.⁷ The future of work was identified as a critical issue for Congress delegates.

The broad industrial relations context was also mixed. Federal Minister Tony Abbott appeared tireless in his denunciation of unions and his calls for employers to join the crusade.⁸ The findings of the Royal Commission into the Building and Construction Industry, headed by Commissioner Terence Cole, in particular had provided ammunition to attack unions. On the other hand, federal government legislative proposals on industrial relations change had been successfully blocked in the Senate by a coalition of ALP, Democrat, Green and Independent members.

The news on union membership remained grim. The Australian Bureau of Statistics (ABS) survey of union membership showed further decline.⁹ In August 1999 there were 1.88 million members; in 2001, 1.90 million, and in 2002, 1.83 million. Density declined from 25.7 per cent in 1999 to 23.1 per cent in 2002. The now familiar challenge of union organising had been taken up at a dedicated conference convened by the ACTU, in May 2003.¹⁰ That conference spent three days exploring current developments, strategies and approaches to implementation.

The ACTU's website contained several papers for delegates' perusal pre Congress. It described the Congress as:

effectively a parliament for working people, where delegates debate and vote on policies regarding the workplace, rights and campaigns to improve wages, conditions and the quality of life for Australian workers and their families.¹¹

Delegates were forewarned that the major issues before them were: the future of work, building support for a fairer Australia and union renewal. On the morning of Congress they were armed with a comprehensive folder which indicated that 28 policy items were up for consideration. Also scheduled were a number of addresses and panel discussions, with the latter being an innovation at this Congress. The main business occurred in a very large hall, with delegates at trestle tables, seating seven, and stretching seven across and twenty-two deep. The Executive were on a platform at the front of the hall, with a large video-screen behind, and two screens stationed in the middle of the hall for the benefit of the back section. Delegates were warmly welcomed by Sharan Burrow, a representative from the local indigenous community, Leigh Hubbard (Secretary of the Victorian Trades Hall Council) and a 20-piece Victorian Police Band, in uniform, which began its set with a stirring rendition of 'We are Family'.

Politics First

The opening addresses of the President and Secretary both dwelt on the damage dealt to Australian society by the policies of the Howard government. Singled out for attention were health, education, childcare, work and family, employment and workplace relations. Sharan Burrow asked:

Are the social guarantees of health, education, childcare and transport, the social wage increasingly a romantic dream as we face the rise and rise of the user pays society? Is Australia a nation where we passively accept the widening inequality as we watch escalating corporate greed and simply blame the disadvantaged for their plight? Not on our watch, comrades – these are not union values. ... The more damage the Liberal-National coalition does to our social fabric the more political we must become in our fight to rebuild the fair Australia we believe in.¹²

Secretary Combet's remarks followed suit. He indicated anger at the growth in inequality and the undermining of pay, conditions and rights for many workers, but in particular the 'army of 2 million low paid, casual, part-time workers'.¹³ Key themes of the speech were the need for unity within the union movement and the need to link up with other 'like minded groups in the community'. Evidence of the benefits flowing from closer links with state ALP governments were the $3 million grants from both the New South Wales and Victorian governments to fund a newly established Union Education Foundation.

Combet acknowledged that unions, and especially public sector unions, were often frustrated in their dealings with Labor governments. But attention to the damage done to unions, workers and their families arising from the incumbency of the Howard government meant that unions must identify shared goals with the ALP in pursuit of a change of federal government.

Are we effectively making the case within the ALP – and more broadly –for improvements for casual workers, for collective bargaining rights, for low paid workers, for delegates' rights? Can we rise above factional interests to make a union case for change? One of the policies before the Congress proposes that we commit to a common set of objectives and that we unite to achieve them.¹⁴

Following his address, Combet moved endorsement of a statement of union values taking up many of these themes (see Appendix 2). The motion was carried.

Simon Crean was invited to address the Congress on the second morning. He entered the hall and made his way to the platform to the boisterous tune of 'I get knocked down, but I get up again', which earned a wry smile. He began by reminiscing that his first Congress was at the Melbourne Town Hall in 1975. His had been a long and rich association with unions. He stressed that the ALP and unions shared the goal of ousting the Howard government and ending the momentum towards 'less opportunity, less fairness and less tolerance'. He listed the areas of agreement: defence of Medicare, fair public health, investment in public education, more publicly funded TAFE and university places, greater fairness in wealth distribution, a sustainable environment, ACTU living-wage claims, fairer taxation, the repeal of the Howard government's unfair industrial relations law, worker entitlements, work and family balance and superannuation. His remarks were frequently punctuated by delegates' applause as he laid out what could be expected from Labor in government. He was warmly thanked by Secretary Combet who was delighted by the comprehensive program. Despite the rousing thanks there was no standing ovation, in contrast to the usual reception afforded Labor leaders. Two factors may have played a part: disappointment with his perceived failure to challenge the PM's ascendancy, and residual anger at his role in 2002 in promoting reduced union representation in ALP policy making forums, from 60 per cent of delegates to 50 per cent per cent. A number of senior union leaders had argued trenchantly but unsuccessfully against the proposal.¹⁵

It has been usual at ACTU Congresses over the past 20 years to hear addresses from leaders of the federal ALP. During the ALP's period in federal government (1983–96) the Prime Minister and Ministers for Industrial Relations attended regularly. At the 2003 Congress there was a record number of ALP federal members invited to address Congress: Simon Crean, Opposition Leader; Jenny Macklin, Deputy Leader and Shadow Minister for Employment, Education and Training; Annette Ellis, Shadow Minister for Ageing; Craig Emerson, Shadow Minister for Workplace Relations and Carmen Lawrence, now on the back bench.

The ALP was also represented by Steve Bracks, Premier of Victoria, and Bob Carr, Premier of New South Wales. They were invited to address Congress on its third morning. Bob Carr delivered one of the outstanding addresses of the Congress. He drew attention to the critical role of unions in Australian society, with examples from NSW of their contribution to that state's economic successes. He went on to argue that the 'alliance of Labor governments and unions is our first and best defence against the social and industrial relations policies of the Howard government'. He contrasted the adversarial approach to industrial relations taken by the federal government with his state's emphasis on partnership and respect for industrial relations tribunals. He ended with a flourish:

None of our colleagues now running the States and Territories will have (the Howard) agenda. We will stand with the ACTU, stand with the entire labour movement in its tireless campaign on behalf of its members and affiliated unions to underline again at every opportunity the dignity of labour. The struggle to achieve justice and fairness for Australian working people and their families is our battle. We're all engaged.¹⁶

The NSW Premier's well crafted remarks were happily received. The determination to harness political links more effectively in pursuit of union goals was reflected in the policy passed at Congress, titled Unions and the Wider Society. This noted the crucial role of 'union political activity' in pursuit of a fairer society.¹⁷

The increased attention to politics and, in particular, the greater involvement of ALP personnel can be linked to fading memories of the Accord. The Accord was an intensely political instrument, crafted by senior ALP and ACTU officials, before the achievement of government in early 1983. It provided a union voice in government for the 13 years of ALP federal government. But it was also seen as imposing limits on union claims and following Labor's defeat in 1996, the unions' message was 'no more Accords'.¹⁸ Unions would pursue improved pay, conditions and rights through their industrial strength. Seven years of an antagonistic federal government have encouraged unions to reconsider the strategic balance. While only Simon Crean mentioned the Accord, there appears to be a high level of interest in a broad compact between unions and the ALP.

International Solidarity

The 2000 Congress saw considerable attention paid to international issues and a most impressive list of international speakers were invited to attend the proceedings.¹⁹ The international presence was even greater in 2003 with a keynote address from Guy Ryder, General Secretary of the International Confederation of Free Trade Unions (ICFTU), featuring on the first afternoon of Congress. His address was immediately followed by an international panel – in practice a series of shorter addresses from Linda Chavez-Thompson, Executive Vice President of the American Federation of Labor and Congress of Industrial Organisations (AFLCIO); Ross Wilson, President of the New Zealand Council of Trade Unions; Willie Madisha, President of the Council of South African Trade Unions (COSATU); and Tadayoshi Kusan, General Secretary of Japan's Union Council (RENGO).

Greg Sword (National Union of Workers (NUW)), in formally thanking Guy Ryder, commented that there was a record number of international visitors at the Congress. International issues were now part of the mainstream for Australian unions. Discussion of the ACTU's International policy followed the panel. It was moved by Rob Durbridge (Australian Education Union) and seconded by ACTU Senior Vice President Joe de Bruyn (Shop Distributive and Allied Employees Association (SDA)).²⁰ This was an early and clear signal that left and right faction leaders had again forged consensus on key issues before the Congress. The policy reiterated support for International Labour Organisation (ILO) principles and for policies developed by the ICFTU. The policy 'unequivocally' condemned terrorism and called on acceptance of the authority of the United Nations as the vehicle to promote democracy, peace and human rights. There were three amendments, all the subject of prior discussion with the Executive. All were acceptable to the Executive and the policy was approved without dissent. There was similarly no opposition to ACTU policy on trade which emphasised support for 'fair' trade rather than 'free' trade. Trade policy should pursue employment growth, improved social protections, the implementation of core labour standards, sustainable environmental standards, the elimination of forced labour and child labour, and adherence to human rights conventions and democratic values.

Major international addresses also featured on the third and fourth days of Congress. Tom Woodruff, Executive Vice President of the Services Employees International Union (SEIU) in the United States discussed his union's implementation of a new organising strategy which had led to a very significant increase in membership. Armed with a lapel mike and dispensing with notes he captivated his audience with his stories and humour. One delegate commented that if he lived in Australia, he would have his own TV show! President of the Canadian Labour Congress (CLC), Ken Georgetti, also made a forceful contribution, concentrating on the issue of worker capital. He outlined strategies to ensure that workers' pension and superannuation funds were not used to support companies which made workers redundant and which ignored ILO conventions. The final morning of Congress heard an outstanding address from John Monks, General Secretary of the European Trade Union Confederation and former General Secretary of the British Trades Union Congress. In addition to the very high profile speakers, there were a large number of representatives from other union councils in the region and beyond.

The ACTU's strong commitment to international union solidarity was underlined at the Congress. The ACTU's standing in the international union movement was suggested by the very high profile of the speakers and their glowing tributes to the ACTU and Australian unions.

The Future of Work

The Future of Work section was scheduled for the second and third days of Congress. The scene was set by Secretary Combet who pointed to the strong economic growth of the past two decades but at the same time, the significant increase in low paid and casual employment and work intensification for many. ACTU policy sought improved living standards, increased job security, reasonable working hours and a balance of work and family responsibilities.

A panel was assembled to assist discussion. The panel comprised Barbara Pocock (University of Adelaide) whose recent book Work/Life Collision had won widespread acclaim; Margaret Jackson, Chair of Qantas and Director of the Australia and New Zealand Banking Group (ANZ) among other posts; and Tony Walker, Political Editor of the Australian Financial Review. As with the previous panel, each in effect delivered a short address. Margaret Jackson's involvement proved controversial. In her remarks she commented on the tough competitive climate facing Qantas and the consequent need for the airline to look at ways of reducing labour costs, including increasing use of part-time work. At the end of the addresses, President Sharan Burrow agreed to take six questions from delegates to Margaret Jackson. These probed perceived adversarial attitudes to unions on the part of the ANZ and Qantas. Doug Cameron (Australian Manufacturing Workers Union (AMWU)) won delegates' applause for his comment that Qantas, 'the Spirit of Australia, needs a heart'. The experiment of inviting a high profile employer to address Congress appeared in more trouble shortly after the panel session concluded. Bill Noonan (Transport Workers Union (TWU)) reported that Qantas, that morning, had sought to replace permanent workers with labour-hire employees. Baggage handlers had responded with a snap strike. He was given permission to move an emergency motion condemning Qantas for this provocative act and affirming that Congress would support airline unions and their members to oppose these 'Reith, waterfront dispute-style' tactics. The motion was carried with enthusiasm.

There were 14 separate policy proposals in this section. These addressed:

working hours and work intensification
casual and insecure forms of employment
wages and collective bargaining
work and family
industrial relations legislation
Aboriginal and Torres Strait Islander Peoples
workers with disabilities
older workers
employee entitlements
youth
superannuation and retirement incomes
corporate governance
occupational health and safety
Royal Commission into the Building and Construction Industry, and
vocational education and training.

A further three panels were assembled. The panel on work and family comprised Sex Discrimination Commissioner, Pru Goward; Cheryl Woollard, General Manager Human Resources for Autoliv, an automotive components business; and, Carmen Lawrence, former Premier in Western Australia and former Minister in the Keating government. This panel took the unusual and bold form of a 'hypothetical' exploring the handling of work and family issues in an imaginary company. Sharan Burrow cast herself as general manager, Cheryl Woollard as Human Resources manager, Carmen Lawrence as the union organiser and Pru Goward was asked to play herself. The easily converted manager readily accepted the business case for provisions to facilitate better balancing of work and family responsibilities and agreement all round was rapidly secured. At the conclusion of the session Sharan Burrow warmly thanked Pru Goward for her passionate pursuit of paid maternity leave and reflected on the importance of the alliance between the ACTU and the Sex Discrimination Commissioner.

The next panel involved Annette Ellis (Shadow Minister for Ageing), Professor Sol Encel, and Pat Dodson (former Chair of the Council for Aboriginal Reconciliation) in a discussion of 'workers marginalised from decent work'. The final panel in this section brought together Craig Emerson, Shadow Minister for Workplace Relations and Greens' Senator, Kerry Nettle, to consider the Royal Commission into the Building and Construction Industry.

For the most part, Congress moved swiftly through the business of approving policy in each of the nominated areas. There was little change to the key policy on wages and collective bargaining. This reaffirmed that union organisation and collective bargaining must remain the primary vehicle for pursuing improved pay and conditions. Awards retain the crucial role of underpinning bargaining and achieving wage justice for those with little bargaining power.

The approval of policy on industrial relations legislation proved stickier. Despite best efforts at left and right caucuses there remained some disagreement over the approach in the policy towards non-union bargaining. Of note, this was not simply a left-right split. One delegate commented to me that, 'everyone is everywhere on this'. Jeff Lawrence (Liquor, Hospitality and Miscellaneous Workers Union (LHMU)) moved the policy and it was seconded by Joe de Bruyn, who had a busy Congress. Lawrence argued that the policy was opposed to non-union bargaining but recognised that it had existed since the Brereton reforms to the Industrial Relations Act in 1993. Certification of non-union agreements therefore should only occur in workplaces with no union members and when the Australian Industrial Relations Commission was satisfied that fair and proper procedures had been observed.

Seven amendments were moved. Five had won the support of the Executive, including one moved by Doug Cameron and seconded by Rob Durbridge toughening the wording on non-union agreements but stopping short of their rejection. The amendment, moved by Martin Kingham (Construction, Forestry, Mining and Energy Union (CFMEU)) and seconded by Michele O'Neill (Textile, Clothing and Footwear Union of Australia (TCFUA)), was not so restrained and was not accepted by the Executive. It argued for the deletion of those sections of the policy which countenanced non-union bargaining. Their argument was that unions should never tolerate such agreements. Addressing the underlying issue, they contended that the ACTU should not be inhibited by appearing to disagree with ALP policy. Jeff Lawrence, in reply, indicated that the remaining amendment, which concerned an addition to legislation to be repealed, should be referred to the Executive for its consideration.

The five amendments, supported by the Executive, were duly put and endorsed by delegates without dissent. The Kingham-O'Neill amendment was put and defeated on a show of hands. My estimate, in the absence of a count, was that the vote was 60–40 against the amendment. The remaining amendment was referred to the Executive, with a small number dissenting. The amended policy was carried without dissent.

There was much anticipation that the Congress would witness a fight between the CFMEU and the Australian Workers Union (AWU) over union organising in the Pilbara.²¹ This mining region had been effectively de-unionised since the mid-1980s. Following the election of an ALP government in Western Australia in 2002 and signals of a less employer-friendly industrial relations regime, Rio Tinto decided it would seek federal award coverage for its employees.²² They were offered a non-union agreement (S.170LK Industrial Relations Act) which they rejected. A joint unions' organising project was then arranged and the vehicle was the unregistered Pilbara Mineworkers Union (PMU), which drew support from several unions. The AWU, however, made its own deal with Rio Tinto for exclusive union coverage.

Secretary Combet took the stage to move a motion on 'the principles of collective union organising'. He began by accepting responsibility for the problems in the Pilbara. There had not been a clear agreement between all unions on organising strategy. The thrust of the principles was to remind unions of the importance of forging and maintaining unity amongst their ranks. Unions should make agreements about organising strategies in particular industries and workplaces, and where appropriate, these should be referred to the ACTU Executive for its endorsement. In the event of a dispute between unions, the parties should abide by an agreed dispute resolution process. If that proved ineffective, the matter should be referred to the ACTU. The ACTU would seek to resolve the matter, reserving the right to make submissions, as appropriate, to industrial relations tribunals. Finally, 'the ACTU Executive ... will consider all available options for achieving collective discipline'.

Two delegates from the Pilbara, Kevin Quill (Communications, Electrical and Plumbing Union of Australia (CEPU)) and Daniel Connors (CFMEU) addressed the Congress. They described their sense of betrayal when they discovered that the AWU had done a 'secret' deal with Rio Tinto. Approximately half the Congress delegates stood to applaud the PMU representatives. AWU National Secretary, Bill Shorten, formally seconding the motion, argued that the issue was complex. Rio Tinto employees would be well served by the AWU; a non-union workplace had been regained. He reminded delegates that the AWU had supported the Maritime Union of Australia (MUA) and the CFMEU when they were under attack and called for a closing of ranks.

Secretary Combet spoke in reply to the debate. The over-riding goal was to rebuild unity; unions should avoid the temptation to 'engage in defeats'. And Congress, he argued, was not the forum for an attack on an affiliate. The motion was put and carried without dissent. A significant threat to the perceived unity displayed at Congress had been effectively defused.

There were no evident divisions over the Royal Commission into the Building and Construction Industry. The Commission had been established by the Howard government in 2001; it had heard submissions in 2002 and it delivered its findings in March 2003. Unions had seen the Commission from the beginning as a full-frontal attack and they were not surprised at its critical findings.²³ The Commission called for:

pattern bargaining to be made unlawful;
tougher and more accessible sanctions against unlawful industrial action;
more effective grievance procedures and legal remedies when they were not followed;
measures to deter compulsory unionism; and
an independent body to police the industry.

ACTU speakers lined up to denounce the Royal Commission. Secretary Combet described it as a 'political stunt ... a $60 million witch hunt'. It had been obsessed with scrutinising union behaviour and had shown complete disinterest in exploring, for instance, employer tax evasion or breaches of occupational health and safety. 'We must and will fight alongside the construction unions'. National Assistant Secretary of the CFMEU, John Sutton, was in similar mood. The Commission had been a 'farce', 'shonky' and a 'star chamber'. Greg Sword (NUW), Dean Mighell (CEPU) and Doug Cameron (AMWU) rose to support the motion moved by Sutton:

Congress condemns in the strongest possible terms the politically biased and fanatically anti-union recommendations of the Cole Royal Commission into the Building and Construction Industry ...

It passed without dissent. The fate of the Commission's findings now rests with the Senate which appears likely to block the government's proposals. However, should Prime Minister John Howard call for a double dissolution election and be returned, these, along with other blocked proposals might be enacted.

There was some unscheduled industrial business. Michele O'Neill (TCFUA) and Paddy Crumlin (MUA) addressed Congress on the plight of members locked out in the Geelong Wool Combing dispute. Delegates from the dispute were invited to address the Congress; they along with their members had been locked out for 111 days. A motion of support for the delegates and their fellow members was carried and accompanied by a standing ovation. On the last morning of Congress the LHMU was given permission to move a motion drawing attention to the plight of cleaning workers at Westfield Shopping Centres. The motion supported a joint US and Australian unions campaign to improve pay, conditions and rights for these workers.

Future Strategies

Chris Walton led off the discussion on Future Strategies. He has run the ACTU's Organising Works program since 1994 and was elected ACTU Assistant Secretary in 2002, following Bill Mansfield's appointment to the Australian Industrial Relations Commission. He recalled that ACTU Congresses have been debating the need to improve union organising since at least the 1987 Congress.²⁴ Despite ACTU and union efforts to maintain and increase membership there had been a steady and significant decline in union density. The only good news was that the absolute and relative decline in membership from 1999-2002 was smaller than the decline over the previous six years. Walton argued for renewed attention to the basics of organising coupled with innovative strategies to make better use of media and to reach out more effectively to the community. Unions must be prepared to commit more resources to recruitment and in turn, members' dues in most unions needed to be increased.

The policy noted that, at the 1973 ACTU Congress, unions had decided that all affiliates should raise their fees to 1 per cent of the All Industries Average Minimum Award Rate.²⁵ This benchmark was no longer deemed relevant. The 2003 Congress motion called for fees to be set at 1 per cent of the Full-Time Adult Weekly Ordinary Time Earnings; this represented approximately $9 per week. Increased income from dues was seen as vital to facilitate union renewal in a tough climate marked by declining membership, a hostile federal government, and the significant demands on union resources associated with industry and workplace bargaining.

The debate on Future Strategies proved uncontroversial. There were few amendments and none that were opposed by the Executive. Several unions were encouraged to use the space to discuss case studies indicating the effectiveness of different organising strategies. These included increased use of union hot lines to attract new members and 'cold calling' on workers in their homes. As on other occasions, the Congress underwent a metamorphosis from decision-making forum to classroom.

ACTU Business

The 2003 Congress represented the end of the six-year terms won by Jennie George and Bill Kelty in 1997, as President and Secretary respectively. Sharan Burrow and Greg Combet had been elected in 2000 to complete their predecessors' terms. At the 2003 Congress they were re-elected unopposed and the matter seemed to have generated remarkably little discussion. Richard Marles and Chris Walton were returned as Assistant Secretaries, also unopposed. Joe de Bruyn was returned unopposed as Senior Vice President, for his three year term. There was provision for three further positions to be elected by Congress: respectively representatives and proxies to the Executive from indigenous, youth and the smaller unions group. Representatives and proxies from the indigenous and youth groups were elected unopposed. There was the rare spectacle of an election for representation of the smaller unions group. Johanna Brem (Flight Attendants Association of Australia) was the successful candidate by a comfortable margin.

The Report on ACTU Finances and Organisation, often considered on the first day of Congress, was scheduled as the final item for day three. It was the victim of a logjam of business and came before Congress at 5.55pm. This was nearly an hour after the scheduled close of business and just one hour before the start of the Congress dinner! Secretary Combet moved endorsement of the report singling out one item; a proposal to increase affiliation fees. In 2003, the affiliation fee was $2.47 per member. The Executive sought an increase to $2.53 (2004), $2.57 (2005) and $2.62 (2006). No amendments were moved to the comprehensive written report; there was no debate and the motion was carried without dissent by the small group that had not already departed to prepare for the evening's entertainment. President Burrow closed the day's business at 6pm.

There was a similarly rushed feel about the matters considered on the final day accompanied by dwindling delegate attendance. Unfinished business from previous days was considered. Policy on worker entitlements, vocational education and training and occupational health and safety was discussed. This was followed by John Monks' address and a panel on A Fair Australia. The panel comprised Jenny Macklin, Rod Wilson (Medicare Alliance) and Alison McClelland (La Trobe University). Ten policies were considered under the Fair Australia heading:

government services and tax
public sector
health
education
higher education
transport
childcare
industry, jobs and nation building
environment and sustainable development and tax.

Policy on all of these items was formally put to Congress and approved between 12 and 1.15pm and 2.15 to 4pm. Each item was processed swiftly with President Burrow appealing to delegates to be succinct in their contributions. Delegates complied. A dozen amendments were moved; all save one were found acceptable by the Executive. The odd one out was referred to a meeting of the Executive. Policy on each item was carried without dissent.

Scorecard

What were the goals of the 2003 Congress? To what extent were they achieved? The Congress is a complex event. It is, as designated in the ACTU's Rules, 'the supreme governing body of Australian unions'.²⁶ It is elsewhere referred to as 'the workers' parliament'. It also acts as a classroom, with videos, guest speakers and case studies designed to lift levels of understanding and better equip delegates to pursue union goals. Congress, for many years, has acted as a vehicle to strengthen links with other organisations, internationally and domestically. Congress also presents an opportunity to capture the attention of the mass media and, through their reporting in the print and electronic media, influence community perceptions of the ACTU and unions. Finally, Congress is an event. There is considerable investment in crafting an occasion which will motivate and enthuse delegates and return them re-energised to their normal duties.

Workers' Parliament

For four days every three years affiliated unions send their delegates to participate in Congress decision making. Twenty-three items of business were listed on the Agenda for their determination. Another seven items were raised during Congress and were formally put to the vote. There was therefore a prodigious list of business and relatively little time. Indeed, the opportunity to consider, discuss and debate these items was significantly curtailed by the time devoted to ACTU Officers' addresses, addresses from international and other guests, the panels, videos and entertainment. There was also the very considerable challenge of engaging approximately 900 delegates in the debates. President Burrow, through skilled and determined chairing, ensured that all items of business were formally considered by the Congress.

As at Congresses throughout the 1980s and 1990s there was limited opposition to the Executive on the floor of Congress. There were 43 amendments moved; 40 were the product of successful discussions with the Executive and supported. Two amendments were referred to a future meeting of the Executive and the remaining amendment, not acceptable to the Executive, was defeated on a show of hands. The re-election, unopposed, of the President, Secretary, Assistant Secretaries and Senior Vice President, provided further evidence of the consensus forged and maintained by factional leaders. The upshot was an impressive display of authority by the ACTU Executive.

The better engagement of delegates at Congress has been recognised as a challenge over the past dozen years. The 1993, 1995 and 1997 Congresses experimented with scheduling some 'syndicate' sessions during Congress as a means of providing smaller forums more suited to delegate involvement. The 2000 Congress ran 'fringe meetings' on the third afternoon of Congress.²⁷ There were no syndicates or fringe meetings during the 2003 Congress and the panels manifestly failed to attract delegate participation, with the exception of the questions put to Margaret Jackson. In every other case, there was no time for contributions from the floor. On the other hand, there were almost daily caucuses called by left and right faction leaders, unions and other groups (such as the women's and indigenous caucuses). These presented a stream of opportunities to debate the matters before the Congress. In sum, the Congress formally processed all the business before it, but consideration of many items was rushed and there was limited delegate participation. On several occasions the hall was half-full or less.

Classroom

Much of Congress time was devoted to educational activity. Nine videos, approximately five minutes each, were shown and these were designed to provide context and background to the matters before Congress. The videos were professionally produced and effective in transmitting their message. Many involved clips of interviews with the ACTU President and Secretary and many also drew on interviews specially conducted with former ALP Prime Ministers, Gough Whitlam and Bob Hawke.

The panels also had the effect of converting Congress into a classroom. Their impact was less clear-cut. They provided a vehicle to bring together a range of speakers to address Congress but the upshot was that there was little time for questions or comment. In addition, the invitation to Margaret Jackson proved controversial and potentially embarrassing for the Executive. The addresses from the international speakers similarly leant a classroom feel to the proceedings. These appeared to hit the mark in terms of lifting levels of understanding about global union issues and encouraging a sense of importance of international union solidarity.

Lastly, in a number of debates before Congress, with the evident approval of the Executive, speakers took the opportunity to explore case studies within their experience. Such contributions were generally well received. Overall, it is probable that Congress proved an effective classroom although the role and composition of the panels is worthy of further consideration.

Strengthening Links

The strengthening of links between the ACTU and international union councils and confederations was on display at the Congress. The ACTU President and Secretary were very warm in the greetings extended to their international colleagues and in their appreciation of the addresses delivered. There was a matching warmth in the responses. The ACTU puts a high premium on international linkages and the Congress played its part in demonstrating the commitment of the ACTU and further strengthening ties with international bodies.

The Executive also saw the Congress as a means to strengthen ties with the Australian Labor Party. The number of ALP office bearers invited to address the Congress far exceeded that of any previous Congress. The 2003 Congress played host to the Leader and Deputy Leader of the Opposition, Shadow Minister for Workplace Relations and Ageing, two State Premiers and others. The videos drew heavily on interviews with former ALP Prime Ministers and one of them, Bob Hawke, was scheduled to address the Congress but, unwell, had to cancel. The ACTU had therefore demonstrated to the ALP the depth of its commitment to shared pursuit of political and industrial goals, and, in particular the ousting of the Coalition from federal government. There were two disappointments. In Secretary Combet's closing remarks he commented that Simon Crean had deserved a more enthusiastic reception from Congress. He had indicated his full support for the pursuit of better health, better education and a fairer Australia and unions should get behind him. Given the demonstration of shared goals, it was ironic that media reports focussed on 'sharp differences' between the ACTU and ALP, citing differences over tax and trade policies.²⁸ The reports were correct but focussed on the exceptions. The engagement of Simon Crean and his parliamentary colleagues in the Congress demonstrated the Executive's determination to forge a new compact with the ALP, although, in Basil Fawlty fashion, there was a strong sense of 'don't mention the Accord'.

The ties with other organisations were also strengthened. President Burrow recognised Pru Goward's outstanding work as Sex Discrimination Commissioner and Greens' Senator Kerry Nettle was the first from her party to receive an invitation to address Congress. While Democrat Senators had attended on previous occasions; they were not present this time.

Media Coverage

Some past Congresses have been notable for their coverage in the mass media. The left-right battles of the 1970s and in particular debates over uranium mining provide examples.²⁹ Congress decisions in relation to the Accord, 1983–95, were heavily covered with television crews capturing key speeches from Labor Prime Ministers and leading union speakers.³⁰ The election of Jennie George to the post of President-elect in 1995 took the front page of most newspapers.³¹ An important bi-product of the coverage is an impression of status. Media coverage of Congress plays its part in influencing community perceptions of the ACTU and unions.

Coverage of the 2003 Congress was modest.³² Host-city newspapers such as the Age and Herald Sun showed little interest. Interest lifted with the outbreak of industrial action at Qantas, then subsided. The Australian and AFR were more generous with their space but coverage was still limited. The 2003 Congress did not succeed in capturing media attention and therefore did not prove a means to project a more favourable image of unions to the broader community. Several factors played their part. The perceived status of the ACTU in an Australia led by the federal Coalition is much diminished. Indeed the standing of industrial relations is reduced with many papers and channels no longer wishing to cover 'IR'. Finally, a harmonious Congress with leaders elected unopposed and demonstrations of unity is far less newsworthy than one with brawls, contests and divisions.

Event

Congress is an event – a major item on the ACTU's calendar. Its opening involved a welcome from a representative from the local indigenous people, three songs from the Victorian Police Band and a half-hour demonstration from local cartoonist Bruce Petty of his trade. The first day ended with a reception, the third day featured a dinner, acrobatic display and band at the Crown Casino and the Congress finished with the Victorian Trade Union Choir's rendition of Solidarity Forever. The ACTU's hope was that these performances would heighten delegates' sense of solidarity and motivation; they would work their magic. For the most part, Congress did succeed as an event. Delegates were kept busy attending caucuses, seminars, rallies and dinners and they seemed to enjoy the experience. A disappointment was the ending. The final two hours of Congress found the hall more than half empty and the stirring singing of the choir was enjoyed by the few not the many.

Final Thoughts

The 2000 Congress was the first for the new team of ACTU President and Secretary; in 2003 both appeared assured and at ease. Both had a good Congress. Sharan Burrow proved a tireless 'chair' hardly budging from her seat for the four days. She introduced topics and speakers with great warmth and kept the business of Congress moving along. It was an extraordinary feat to see the agenda formally completed, although, as mentioned, consideration of a number of items was rushed. This observer was astonished at her energy. She was at breakfast meetings, lunchtime rallies and MC at the evenings' events. It was an impressive and endearing display of skill and energy.

At the last Congress Secretary Combet had engaged in the critical debates, steering a passage through the rocks.³³ He repeated this form in 2003, ensuring that the Congress did not come aground over non-union bargaining or the fierce tensions over organising in the Pilbara. His opening address and contributions on a range of policies were incisive and he has achieved an evident stature among his peers. There was every indication that the ACTU and Australian unions are well served by President Burrow and Secretary Combet.

Finally, readers will note that there has been a change of scribe. Professor Ross Martin had attended ACTU Congresses since 1957, writing accounts for the Journal of Industrial Relations, 1957–79, and Labour History, 1981–2000. This represents extraordinary continuity of sustained scholarship. Ross was thanked warmly by Sharan Burrow in her closing remarks to Congress.

Endnotes

^1.� Credentials' Report, 18 August; see also ACTU Congress Credentials Summary-Attachment A. This showed 55 organisations with a total of 1604 votes. There were two new affiliates: the Australian Writers Guild and the Rugby League Professionals Association. The Musicians Union of Australia was not listed, after a long period of failure to pay dues to the ACTU. NB: The ACTU figure for union membership in 2002 is marginally higher at 1.94 million than the Australian Bureau of Statistics' estimate of 1.83 million (see below).

^2.� Simon Crean was ACTU President from 1985–90 before entering federal Parliament.

^3.� The Australian Workers Union (AWU), Transport Workers Union (TWU), Health Services Union of Australia (HSUA) and Shop Distributive and Allied Employees Association (SDA) were quoted as supporting Beazley. Crean's strongest support came from his former union, the National Union of Workers (NUW). See Australian Financial Review [hereafter AFR], 11 June 2003, pp. 1 and 6.

^4.�AFR, 17 June 2003, p. 1.

^5.�Australian, 19 August 2003, p. 2.

^6.�AFR, 14 May 2003, p. 1.

^7.� See Ian Watson, John Buchanan, Iain Campbell and Chris Briggs, Fragmented Futures: New Challenges in Working Life, Sydney, Federation Press, 2003. An abridged version of chapters 2–10 was circulated at the Congress under the title, The Future of Work.

^8.� R. Cooper, 'Trade Unionism in 2002', Journal of Industrial Relations, vol. 45, no. 2, 2003, p. 213.

^9.� ABS, Employee Earnings Benefits and Trade Union Membership, catalogue number 6310.0, August 2002, p. 36.

^10.�Let's Get Real, the second Australasian Organising Conference, at the University of Sydney, 7–9 May 2003.

^11.�www.actu.asn.au/congress2003/about/

^12.� Sharan Burrow, speech to ACTU Congress, 18 August 2003, pp. 2–3.

^13.� Greg Combet, address to ACTU Congress, 18 August 2003, p. 1.

^14.�Ibid., p. 8.

^15.� R. Cooper, 'Trade Unionism in 2002', p. 217.

^16.� Bob Carr, speech to ACTU Congress, 22 August 2003, www.actu.asn.au/congress2003/news.

^17.� Unions and the Wider Society Policy, 2003 Congress folder, tab 12.

^18.� R. Martin 'The ACTU Congress of 2000', Labour History, no.79, 2000, p. 205.

^19.�Ibid., pp. 202–3.

^20.� Greg Sword had been elected senior Vice President at the 2000 Congress; with the ACTU President and Secretary both from the left, the Senior Vice President's post was filled from the right. Following factional in-fighting in Victoria, the Victorian NUW shifted in 2002 from the rightwing union caucus to the left caucus and Greg Sword stood down from the Senior Vice-Presidency. Joe de Bruyn, the leading figure in the right wing unions' faction, was elected unopposed in his place.

^21.�AFR, 18 August 2003, p. 7.

^22.� R. Cooper, 'Trade Unionism in 2002', p. 207.

^23.� Report of the Royal Commission into the Building and Construction Industry, February 2003, at www.royalcombcs.gov.au/docs/findreport (see vol. 1), pp. 1–9.

^24.� E.M. Davis, 'The 1987 ACTU Congress: Reconstructing Australia?', Journal of Industrial Relations, vol. 30, no. 1, 1988, pp. 118–29.

^25.� Congress 2003 folder, Future Strategies, Part 3, S.2.

^26.� ACTU, Constitution, Rules and Standing Orders, S.5.1.

^27.� R. Martin, 'The ACTU Congress of 2000', p. 208.

^28.�AFR, 22 August 2003, p. 5.

^29.� R. Martin, 'The ACTU Congress of 1977', Journal of Industrial Relations, vol. 19, no. 4, 1977, pp. 424–34 and Journal of Industrial Relations, vol. 21, no. 4, pp. 485–96.

^30.� At the 1987 Congress the ABC's prestigious radio current affairs program, PM, relocated from Sydney to Melbourne to facilitate better coverage of the Congress!

^31.� E.M. Davis, 'The 1995 ACTU Congress: Recruitment and Retention', Economic and Labour Relations Review, vol. 7, no. 1, 1996, pp. 165–81.

^32.� Congress could not complain that it had been elbowed off the front pages by major breaking stories. The big items concerned The Block, a 'reality' television show, a jail sentence for Pauline Hanson and a Shane Warne indiscretion!

^33.� R. Martin, 'The ACTU Congress of 2000', pp. 209–10.

Appendix 1
Unions Affiliated with the ACTU: 2003 Congress

Ansett Pilots Association	0
Association of Prof. Engineers, Scientists & Managers of Australia	21,205
Australasian Meat Industry Employees	23,900
Australian Education Union	152,949
Australian Institute of Marine & Power Engineers	2,800
Australian Licenced Aircraft Engineers Ass.	3,884
Australian Liquor, Hospitality & Miscellaneous Workers Union	135,180
Australian Manufacturing Workers Union	144,176
Australian Maritime Officers Union	2,200
Australian Nursing Federation	83,320
Australian Professional Footballers Ass.	280
Australian Salaried Medical Officers Federation	4,017
Australian Services Union	99,326
Australian Workers Union	136,358
Australian Writers Guild	1,522
Blind Workers Union	37
Breweries & Bottle Yard Employees Industry of WA	175
Civil Air Operations Officers Association	1,050
Club Managers Association	1,927
Communications Electrical & Plumbing Union	124,000
Community & Public Sector Union (PSU & SPSF)	157,682
Construction, Forestry, Mining and Energy Union	103,000
Federated Tobacco Workers Union of Australia	432
Finance Sector Union	60,803
Flight Attendants Association of Australia	7,075
Funeral & Allied Industries Union of NSW	415
Health Services Union of Australia	61,179
Independent Education Union of Australia	48,000
Maritime Union of Australia	9,547
Media, Entertainment & Arts Alliance	12,104
National Tertiary Education Union	25,281
National Union of Workers	95,500
NSW Nurses Association	47,889
Police Federation of Australia & New Zealand	25,723
Rail Tram & Bus Union	28,150
Rugby League Association	0
Salaried Pharmacists Association of WA	48
Shop Distributive & Allied Employees Association	209,708
Textile Clothing & Footwear Union of Australia	15,000
Transport Workers Union of Australia	80,000
Union of Christmas Island Workers	350
United Firefighters Union of Australia	12,501
Wool Classers Association of Australia	548

	1,939,241

Source: Report on ACTU Rules, Finances and Organisation Attachment A, ACTU Congress 2003.

Appendix 2
Statement of Australian Union Values:
ACTU Congress 2003

Fairness, Equality & Opportunity in the Community

1.	Unions believe in a democratic Australia, which values all citizens and their aspirations.
2.	Unions believe in the right of all citizens to employment and a decent standard of living – to a fair share of the nation's wealth.
3.	Unions believe that every Australian must have access to free, quality public health care and education, regardless of their socio-economic circumstances.
4.	Unions believe that families and individuals must be guaranteed decent minimum living standards through the social security and taxation systems.
5.	Unions believe that all Australians must have access to decent and affordable housing.
6.	Unions believe in the right of all Australians to a secure and dignified retirement.
7.	Unions respect the fact that indigenous Australians are the original owners of our land, and that reconciliation between indigenous and non-indigenous Australians is a vital goal.
8.	Unions believe in a multi-cultural Australia.
9.	Unions believe in a sustainable environment.
10.	Unions are opposed to discrimination in all forms including that based on race, religion, ethnicity, gender, disability, sexual preference and political beliefs.
11.	Unions believe that all Australians must be treated equally by the law and have access to legal representation as a right.
12.	Unions believe that governments have a central role in ensuring fairness, equality and opportunity throughout the community.
13.	Unions are committed to Australia's independent participation in international cooperation to promote peace, security, human rights, labour standards and prosperity through fair trading arrangements.

Security & Fairness in the Workplace

14.	Unions believe that workplaces should be safe, secure, healthy and free of harassment, intimidation, violence and discrimination.
15.	Unions believe that workers should have a right to a decent wage and fair working conditions.
16.	Unions believe that all workers have a right to secure employment and protection against unfair dismissal or unfair treatment by the employer.
17.	Unions believe that workers should have the right to join and be represented by a union.
18.	Unions believe that all employees should have the right to collectively bargain.
19.	Unions believe that workplace union representatives should have rights enabling them to carry out their role.
20.	Unions believe that unions should have the right to recruit, organise and represent workers.
21.	Unions believe that workers should be consulted and informed about issues affecting their employment.
22.	Unions believe that Australian businesses and their executives have a responsibility to engage in legal and ethical conduct and environmentally sustainable practices at all times with employees, stakeholders and the community.
23.	Unions believe that working parents must have access to good quality, affordable child care.
24.	Unions believe that working parents have a right to employment standards that enable them to manage work and family.
25.	Unions believe that working parents must have the time and opportunity to form and maintain relationships with their children which foster the child's development.
26.	Unions believe that officers and representatives of unions should conduct themselves in a manner consistent with this Statement of Australian Union Values.

Content in the History Cooperative database is intended for personal, noncommercial use only. You may not reproduce, publish, distribute, transmit, participate in the transfer or sale of, modify, create derivative works from, display, or in any way exploit the History Cooperative database in whole or in part without the written permission of the copyright holder.