Ed Davis

CONFERENCE REPORT

The ACTU Congress of 2009

The 2009 Australian Council of Trade Unions (ACTU) Congress was held from 2–4 June in the Great Hall of the Convention Centre on Brisbane's Southbank. It was the second Congress in Brisbane; the first was in 1997. The 2009 Congress was the first since 1995 with a Labor Prime Minister in office. The intervening Congresses took place during the 11 years of federal government led by John Howard. He had been an ever present spectre at these events. ACTU Assistant Secretary, Geoff Fary, reported on the opening morning of Congress that there were 645 delegates from 43 affiliated unions and from state and provincial labour councils.¹ In accordance with the ACTU's rules permitting delegates to hold up to four votes, there was a maximum possible of 1,583 votes.² Following the practice of recent Congresses, there was no occasion on which delegates' votes were counted. The delegates represented 1.9 million members.³

The previous Congress in 2006 had limited its attention to one issue: endorsement of policy aimed at ousting the Howard government. Unanimity was secured and the Congress was over within one and a half days.⁴ The 2009 Congress saw a return to consideration of the full range of issues before the ACTU. The future of work, organising and campaigning, and a fairer society were identified as the major broad themes for delegates' consideration.

A feature of this Congress was the allocation of time during Congress to concurrent sessions on the first and second days. These ran for just under two hours. There were nine concurrent sessions on both occasions looking at policy resolutions under the respective umbrellas of the future of work and a fair society. Former ACTU Secretary Bill Kelty had also experimented with concurrent (syndicate) sessions, at the 1993 and 1995 Congresses.⁵

The economic context for the 2009 Congress provided a contrast to its predecessor. The 2006 Congress had taken place during a period of continuing strong economic growth. The 2009 Congress grappled with the Global Financial Crisis (GFC); the check to growth of Australia's Gross Domestic Product (GDP) and increasing unemployment. The 2009 Budget, handed down in May by Treasurer Wayne Swan, had forecast zero growth for real GDP for the financial year 2008/09 and a reduction of 0.5 per cent for 2009/10 before an anticipated resumption of growth. The unemployment rate was forecast to be 6 per cent in mid-2009 rising to 8.5 per cent in mid-2011.⁶ Increased unemployment was believed to pose a further threat to union membership. The most recent Australian Bureau of Statistics (ABS) survey reported that in 2008 overall union density was at 18.9 per cent.⁷ The gap between male and female density had now closed at respectively 19.0 per cent and 18.8 per cent. There remained a significant gap between public sector (41.9 per cent) and private sector (13.6 per cent) employees. Union membership remained a grim story.

On the eve of Congress, several questions stood out. What light would the Congress shed on the authority and influence of the 'new look' team of President Sharan Burrow, Secretary Jeff Lawrence and Assistant Secretaries Geoff Fary and Tim Lyons? Sharan Burrow was the odd one out, having served as President since 2000. Her other three colleagues had been elected to their posts within the past two years. Would the extraordinary consensus of past recent Congresses be sustained? What impressions would emerge of the state of the relationship between the industrial and political wings of the labour movement? What were unions doing to check and reverse the erosion of union coverage?

2 June

President Sharan Burrow extended a warm welcome to all delegates soon after 9am on 2 June. She was followed by a Welcome to Country performed with great energy and to acclamation by the Nunukul Yuggera Dance Troupe. In her President's Address she identified the distance travelled since the last Congress:

When we met three years ago, working Australians were experiencing the threat of Work Choices. They were having their take home pay ripped off, losing overtime and penalty rates, being forced to sign individual contracts to secure a job and chaffing at the injustice of employers refusing to bargain collectively. Job security was smashed with the overwhelming majority of Australians losing their right to unfair dismissal.

The unions' Your Rights at Work campaign was given great credit for its part in the removal of the Howard government. Burrow listed achievements of the new Labor government led by Kevin Rudd. These included the apology to the stolen generations, the ratification of Kyoto and increased investment in economic and social infrastructure. She described the Fair Work Act (FWA), replacing Work Choices, as:

Re-establishing a decent safety net,

Restoring unfair dismissal rights,

Placing collective bargaining at the centre of industrial relations, and

Restoring the powers of the independent umpire.⁸

Burrow stressed however that unions did not see their work as finished. Unions would continue to campaign for better occupational health and safety laws, genuine rights for independent contractors and 'the abolition of the obscenity of the ABCC'. The Australian Building and Construction Commission (ABCC) had been established by the Howard government and was condemned for its discriminatory and punitive approach to construction workers. Other features of her address were calls for the G20 leaders to take strong regulatory action to avoid a repeat of the GFC and calls for government action locally and globally to tackle the ravages of climate change.

Sharan Burrow's address, at 40 minutes, was comprehensive, considered and delivered at a clip. It strove to strike a balance between celebrating the change of government and noting that the job of reform must continue. The speech was punctuated by the applause of delegates on several occasions. It was immediately followed by a five minute video which relished the defeat of the Howard government and in particular the formal demise of Work Choices.⁹

In his first Congress address as Secretary, Jeff Lawrence also looked back over the historic campaign by unions aimed at removing the Howard government: 'The Australian union movement turned the tide and we got a government thrown out on the basis of their labour laws and their attacks on workers'.¹⁰

Looking forward and building on Sharan Burrow's address he identified the ACTU's strategic priorities:

an end to existing Australian Workplace Awards (AWAs),

improved rights for workers to access unions and improved union rights of entry to workplaces,

highest standards of workplace health and safety,

award modernisation that leads to a strong and effective safety net, and

equal rights for construction workers.¹¹

He put particular emphasis on the plight of construction workers, describing their campaign against the ABCC as the ACTU's number one industrial issue. Lawrence went on to comment:

On our relationship with the Labor Government, I assert that we must be strong and we must be independent. We must continue to vigorously engage with the Government and to be activist in our outlook and to campaign and lead the debate for what is right. We have differences of view with Labor on a number of issues, including OHS and the ABCC and we must continue to strongly prosecute our case on behalf of our members.¹²

The consideration of policy resolutions before Congress commenced with the Future of Work stream. A video on the GFC, featuring comments by the American economist, Professor Joseph Stiglitz, set the scene. This was followed by a panel on job security, with contributions from Dave Oliver, Australian Manufacturing Workers Union (AMWU); Michele O'Neil, Textile, Clothing and Footwear Union of Australia (TCFUA); Paul Howes, Australian Workers Union (AWU); Tony Maher, Construction Forestry Mining and Energy Union (CFMEU); Linda White, Australian Services Union (ASU); and Leon Carter, Finance Sector Union (FSU). There was no debate or discussion of their comments. A resolution welcoming the federal government's economic stimulus and other measures to counter the GFC was moved. Apart from one amendment, accepted by the Executive, there was no further discussion and the motion was carried.¹³ A motion calling for a cap on the salaries paid to executives, regulation of other payments and benefits and requirements on corporate reporting of salaries and benefits similarly caused few ripples and was passed without discussion. Lunch was taken at 12.30pm.¹⁴

Back from lunch, the ACTU's Returning Officer, Bill Mansfield, reminded delegates that this was an 'elections Congress'.¹⁵ Under the prevailing rules, the ACTU's full-time officers were elected at every second Congress for six year terms. The last elections for these posts had been at the 2003 Congress. He duly called for nominations for the positions of ACTU President, Secretary and Assistant Secretary (two positions). Nominations were also called for the Senior Vice President and representatives for the small unions group, youth members and indigenous members. These elections were called at each Congress. He asked all unions with over 8,000 members to inform him of their representative to the incoming ACTU Executive.¹⁶

The next plenary explored arguably the main issue before the Congress: industrial relations (IR) legislation. A five minute video was again employed as a scene setter. Cath Bowtell, ACTU Senior Industrial Officer, then reprised her role at the 2006 Congress.¹⁷ Echoing the earlier addresses by the President and Secretary, she pointed to the advances for workers in the FWA and to those areas where more reform was required.¹⁸ In a significant contribution, Cath Bowtell recognised that many delegates were concerned that the FWA fell far short of their expectations. She urged them, nonetheless, not to ignore the great strides that had been taken and to share that sense of achievement with their members. The challenge was to use the provisions of the FWA as a vehicle for further gains in pay, conditions and rights.

Secretary Jeff Lawrence and Senior Vice President Joe de Bruyn moved and seconded the ACTU's policy on IR legislation. A feature of the detailed (seven page) resolution was its observation that many provisions of the FWA failed to meet International Labour Organisation (ILO) standards. Congress therefore called on the Labor government in its next term of office to amend the laws by among other things:

removing restrictions on the scope of agreements,

removing restrictions on the level at which bargaining can occur, and

removing restrictions on and penalties for taking industrial action.

One delegate, Brian Boyd (Victorian Trades Hall Council) rose to have his say.¹⁹ He vigorously criticised the FWA as too similar to Work Choices. He urged delegates to give the Deputy Prime Minister and Minister for Employment, Education and Workplace Relations, Julia Gillard, a strong message on her scheduled visit to Congress the next day that she needed to shift ground and implement further reform. The motion on IR legislation was put and carried without dissent.

Continuing the mood, Dave Noonan (CFMEU) moved a motion calling for the immediate repeal of the Building and Construction Industry Improvement (BCII) Act and the abolition of the ABCC. Noonan stressed that construction workers could currently be forced into secret interrogations, denied the right to their own lawyer and denied the right to silence. He related the predicament facing Ark Tribe, a construction worker facing court for refusing to answer questions put to him by the ABCC. Ark Tribe, a delegate to the Congress, was then invited to speak. Welcomed with a standing ovation, he spoke briefly and to his notes. He concluded: 'when injustice becomes law, then resistance becomes duty'.²⁰ He left the stage to a second standing ovation.

The resolution condemned the Rudd Labor government for maintaining the BCII Act and the ABCC. It noted that the Act was inconsistent with ILO conventions concerning collective bargaining and the freedom of association. It rejected proposals to create a dedicated construction industry inspectorate with coercive powers within the FWA. It concluded:

Congress condemns the prosecution of workers for alleged refusal to participate in compulsory ABCC interrogations, particularly the current prosecution of Ark Tribe. Congress affirms its support for any worker who is prosecuted for non-compliance with coercive interviews. Congress authorises the ACTU Executive to co-ordinate a campaign of protest and industrial action against this prosecution and, if necessary, support for any worker who is prosecuted or jailed for non-compliance.

Dave Noonan indicated that the CFMEU would bring yellow T shirts for all delegates to wear at next day's session with Julia Gillard.²¹ The T shirts would carry two messages: One Law for All and Abolish the ABCC. He too received a standing ovation. The motion was put and carried with enthusiasm

The first of the concurrent sessions followed. Each was scheduled for one hour and 45 minutes and chaired by a member of the ACTU Executive. With few exceptions, delegates were asked to consider the policy resolution linked to the session and to explore possible amendments. The resolution would then later be considered by a plenary session of Congress. The nine areas are listed in Table 1, which presents the policy motions in the two concurrent sessions and the remaining motions considered and passed at Congress.

Table 1: Policy Motions at the 2009 ACTU Congress

Future of Work *	A Fair Society *	Other
Security of work	Aboriginal and Torres Straight Islander Peoples	GFC
Wages and collective bargaining	Environment and climate change	Executive salaries
Decent work	International **	IR Legislation
Retirement incomes	Health	ABCC
Work and family	Infrastructure, industry, transport, trade	ACTU Finances, Rules
OHS and workers' compensation	Tax, social security	OHS harmonisation
National Interest Expenditure Principles / government procurement	Social inclusion	Age pension and super preservation age
Workforce planning	Education	Charter of delegate rights
Vocational education and training ***	Democracy and participation	Union organising, growth plan
Temporary overseas workers ***		Radio active dumps, NT
		WA IR Laws
		Political, campaign strategies
		Swine flu
		Values

* concurrent sessions.
** a further motion considered issues in Burma, Columbia, Iran, the Pacific, Sri Lanka, Western Sahara and Zimbabwe.
*** these were considered in the workforce planning session.

A feature of some of the sessions was the invitation to external experts to lead and participate in the discussions, for instance: John Buchanan, University of Sydney (security of work) and Barbara Pocock, University of South Australia (work and family).

I attended the session on 'using legislation to campaign and grow'. There were about 60 delegates in the room. Michael Crosby, former Director of the ACTU's Organising Centre, reported on recent union experience and in particular on successful strategies to increase membership.²² Delegates were invited to form four discussion groups looking at strategies to exploit the opportunities provided by the FWA. The groups then came together to discuss their proposals. The session appeared effective at engaging the interest of the delegates; few slipped away early!²³

The last item of Congress business for the day was the Secretary's report on ACTU Finances and Rules. Since this plenary session commenced after 5pm, the hall was perhaps 20 per cent full. Jeff Lawrence spoke to a detailed report which outlined the structure, staffing and finances of the ACTU. He drew attention to the establishment of an ACTU Finance Committee, established late 2007, to oversee the ACTU's budget. The members of the Committee were: Jeff Lawrence and Tim Lyons (ACTU); Joe de Bruyn (Shop, Distributive and Allied Employees Association (SDA)); John Sutton (CFMEU); Ged Kearney (Australian Nursing Federation (ANF)); Charlie Donnelly (AWU); Leon Carter (FSU); Peter Tighe (Communications Electrical Plumbing Union (CEPU)); Linda White (ASU) and Susan Hopgood (Australian Education Union (AEU)). The report also contained a recommendation for increased annual affiliation fees from $3.30 (includes GST) per member in 2010 to $3.63 (includes GST) per member in 2012.²⁴

The Secretary spoke to a further recommendation in relation to the ACTU's rules. He commented that the rules had required a comprehensive overhaul. This had been done. He requested that delegates endorse the deletion of clauses 1 to 23 and Schedule 1 of the current rules and replace with new clauses 1 to 26 and new Schedule 1. The most significant change was the proposal to end the six year terms for ACTU full-time officers in favour of three year terms, with the elections to be held at each triennial Congress. Apart from one question from the floor there was no debate and the motions endorsing the report and the major overhaul of the rules were put and carried. Congress adjourned a little after 5.30pm.

3 June

The morning's newspapers reports were energised by the prospect of unions confronting the Deputy Prime Minister: 'Builders to brick Gillard' (Australian) and 'Gillard, Bligh Yellow Carded' (Australian Financial Review).²⁵ There was indeed a sea of yellow within the Great Hall as seemingly every delegate was in attendance and in a T shirt provided by the CFMEU. It was a startling sight.

The Deputy Prime Minister was scheduled to speak at 9.30am. Before her arrival Congress heard reports from concurrent sessions. Senior Vice President, Joe de Bruyn addressed the policy resolution on 'Wages and Collective Bargaining'. It re-affirmed that:

Union organisation and collective bargaining are the primary means by which unions achieve fair wages and employment conditions for union members; and
Modern Awards play a crucial role in underpinning bargaining. They are the principal means of achieving wage justice for those unable to bargain.²⁶

The full motion, projected onto large screens on the stage of the hall, was carried without discussion.

Dave Oliver (AMWU) had chaired the session on 'Security of Work'. The resolution urged government action to deliver 'a new deal on income protection and employment security'. He was followed by Peter Tighe (CEPU) who spoke to the motion on 'OHS and Workers Compensation'. Both motions were carried. ACTU Assistant Secretary, Geoff Fary, was barely into his stride, speaking to an urgency motion calling for the harmonisation of OHS laws across Australia, when proceedings were halted to welcome formally the Deputy Prime Minister, Julia Gillard.

Julia Gillard's Address

President Sharan Burrow remarked that Julia Gillard was especially welcome as Australia's first female Deputy Prime Minister. She congratulated the new government on its many major achievements. But to strong applause, she drew attention to the coercive powers of the ABCC and urged the government to implement reforms restoring equal rights for workers in the construction industry. The undermining of worker and union rights in this industry had contributed to its high levels of deaths and injuries. She then invited the families of two recently bereaved construction workers onto the stage. It was an intensely moving and gripping moment. Delegates were asked to rise to observe a minutes' silence in their memory. Congress screens meanwhile scrolled the names of others who had died because of injuries or diseases linked to this industry. It was a tough and challenging warm-up for the Deputy Prime Minister.

Julia Gillard began by stressing the partnership between unions and the Australian Labor Party (ALP) in federal government.

Together we face the challenge of ensuring fairness and decency in Australia's workplaces. Together we face the challenge of improving safety at work. Together we face the challenge of keeping Australia working during the biggest global economic crisis since the Great Depression.²⁷

She reminded delegates of their lot under the Liberal government and asked what hazards they might now be facing if the Liberals had won again in 2007. She pointed to the early achievements of the Rudd government; for instance, the termination of AWAs and restoration of 'a decent safety net at work'. And from 1 July, the FWA would be in operation. This would ensure:

The right to be represented at work,

A guaranteed right to collective enterprise bargaining underpinned by good faith obligations,

10 National Employment Standards that cannot be undercut,

Modern Awards that add to those Standards,

Rights to over-time, penalty rates, rest breaks, public holidays and leave entitlements that cannot be undermined,

The ability to challenge an unfair dismissal,

A ground breaking new bargaining system for the low paid, and

All overseen by a new, twenty-first century independent industrial umpire.²⁸

While recognising that more reform was required, Gillard asked what unions planned to do to ensure that the gains already made through the FWA were realised in workplaces across Australia.

Turning to the matter of the ABCC she indicated that the government in line with its 2007 election commitments would abolish it and replace it early in 2010 with a new specialist body within the Fair Work Australia body. Referring to media reports of recent protests by construction workers, she remarked:

Like me, I am sure you were appalled to read of dangerous car chases across Melbourne City involving carloads of balaclava wearing people, criminal damage to vehicles resulting in arrests, threats of physical violence and intimidation of individuals, including damage to a private residence.

The last time I read of balaclavas in an industrial dispute they were being worn by security thugs at the Melbourne waterfront when the MUA [Maritime Union of Australia] fought its history making battle against Patricks and the Liberal Party.

Balaclavas, violence and intimidation must be unreservedly condemned as wrong by every unionist, every ALP member, every decent Australian.

And the Rudd Labor Government will do everything necessary to ensure that we do not see this appalling conduct again.²⁹

Gillard's riposte stirred an immediate reaction from some sections of the hall. There were loud shouts of 'shame' and cries of 'one law for all'. Sharan Burrow intervened to urge delegates to allow the Deputy Prime Minister to finish her remarks without further interruption.

Following the address, Jeff Lawrence moved the formal vote of thanks. He assured the Deputy Prime Minister that unions had strategies and action plans to maximise the opportunities afforded by the FWA. He emphasised union expectations that the federal government would continue to promote workers' rights and pursue health and safety reforms. He presented the Deputy Prime Minister with a petition, signed by Congress delegates, calling for the abolition of the ABCC and equal rights for construction workers.³⁰ I counted nine bursts of delegates' applause during the five minute formal response.

It was an extraordinary passage of Congress. Leaders within the ALP and the union movement had worked together to achieve a famous electoral victory in late 2007. Yet on the first occasion that a senior member of the new Labor government visited an ACTU Congress Gillard encountered a most confronting and at times hostile reception. The clear message from unions was that they expected more from the government. Government in return urged unions to be realistic about the scale and pace of reform. Much had been achieved and unions were asked to devote their energies to implementing workplace reform rather than attacking the government.

The remainder of the pre-lunch session battled with a sense of anti-climax. It witnessed discussion and endorsement of a number of policy resolutions: the harmonisation of OHS Laws; Decent Work; Work and Family; Retirement Incomes; Superannuation and Workers' Capital; Age Pension Eligibility Age and Super Preservation Age; Vocational Education and Training; Workforce Planning; Temporary Skilled Workers; and, National Interest Expenditure Principles.

Elections

Formal consideration of the motions was interrupted mid-morning by Returning Officer Bill Mansfield. He reported that there would be no need for any ballots to be conducted. He had received one nomination for each vacant position. He therefore declared that Sharan Burrow (President), Jeff Lawrence (Secretary), Geoff Fary and Tim Lyons (Assistant Secretaries) and Joe de Bruyn (Senior Vice President) had been re-elected. This result stirred little surprise and reflected the fact that the different wings of the union movement continued to sort these matters off stage. Not all unions with 8,000 or more members had yet notified Bill Mansfield of their nominated representative. The determination of additional affirmative action seats would take place following the Congress.³¹ A further five Vice Presidents would be elected by and from the Executive at its next meeting.

Discussion on Organising and Campaigning began before lunch. Jeff Lawrence spoke to the Growth and Campaign Plan, which had been distributed to affiliates some weeks earlier. The plan envisaged a national campaign that would operate on multiple levels. Attention to the FWA and the GFC would be complemented by industry and company campaigns. Unions would continue to engage in political and community campaigns. Further, unions would pay attention to improving the skills development of their officials and delegates and to enhancing unions' ability to conduct research and communicate with members and the broader public.

President Burrow indicated that a panel of speakers would reflect on their experiences of organising and campaigning. Louise Tarrant (Liquor, Hospitality and Miscellaneous Union (LHMU)) led off with a spirited account of her union's campaign to organise cleaning workers. She showed a stunning video, Clean Start, which told the story of an imaginative and successful campaign to improve pay, conditions and rights for cleaners.³² Other contributors to the panel included Tony Sheldon (Transport Workers Union (TWU)), Ed Husic (CEPU) and Dave Oliver (AMWU). The Congress then adjourned for lunch. For many delegates this involved a choice of rallies; with the TWU in support of Air New Zealand workers or with the LHMU to support workers at Brisbane's Sofitel Hotel.³³

The post-lunch session considered and endorsed a Charter of Delegates' Rights and the ACTU's Growth and Campaign Plan. The latter was moved by Assistant Secretary, Tim Lyons. He argued that though it was imperative that unions pursued membership growth, unions should not underestimate their current influence. With nearly two million members, 2,000 full-time officials and more than 100,000 workplace delegates they remained well placed to exercise significant influence in Australian society.

Ged Kearney (ANF) followed with a report on the ACTU's new communications plan. She emphasised that unions needed to improve their general communication about unions and their role. Unions must become more effective in their interactions with female and young members. In pursuit of its aim to lift its appeal, the ACTU had adopted a new slogan, 'Australian unions: working for a better life' to replace the former, 'Unions – delivering for all working Australians'. The new slogan was believed to be broader, more positive and reflective of union values (see Appendix on p. 183). It will now adorn the ACTU's website and other media.

There were few international guests at the Congress. An exception was Lucy Matibinga, Vice President of the Zimbabwe Congress of Trade Unions. Sharan Burrow welcomed her to the stage. She spoke of the extraordinary hardships and repression facing workers and unions in her country and her appreciation of the support that Australian unions had provided. She received a heartfelt standing ovation. One delegate was reported to remark: 'we thought we had problems!'.

A Fair Society

Three Executive members, Susan Hopgood, Australian Education Union (AEU), Paul Howes (AWU) and David Carey, Community and Public Sector Union (CPSU), were invited to get deliberations on Fair Society policies underway. Each delivered brief reports on respectively health care, industry and trade and the role of the public sector. Concurrent sessions followed (see Table 1 for list).

I attended the session on 'the environment and climate change', chaired by Tony Maher (CFMEU). There were 35 delegates in attendance. They heard reports from Maher, Tim Ayers (AMWU) and Arthur Rorris (South Coast Labour Council). Maher remarked that climate change was 'not your average union issue'. It was however the major economic challenge facing unions. Unions varied in their views; their stakes differed. The issue required unprecedented levels of coordination and leadership. The approach of the ACTU had been to seek a broad consensus, to keep affiliates 'within the tent'. Ayers and Rorris asserted that this was not a matter of jobs vs the environment. Australia needed to pursue environmental sustainability and exploit the opportunities for employment growth. Turning to the proposed resolution there were a dozen contributions by delegates leading to some rewording of the proposal. The final wording was agreed and the session concluded at 5.30pm.

Prime Minister's Address

The Congress Dinner provided the venue for the Address by the Prime Minister. President Sharan Burrow again listed the achievements of the Rudd government, recalled the plight of workers and unions during the Howard years and assured the PM that unions valued the partnership with Labor. Kevin Rudd took the stage to a standing ovation. He departed from his prepared speech to thank all delegates for their great efforts to secure the election of his government. This had been the key to Labor's return. His opening remarks drew frequent rounds of applause. He moved on to share the good news of the day. ABS National Accounts data indicated that the Australian economy had grown by 0.4 per cent in the March quarter, thereby avoiding two successive quarters of negative growth, the accepted technical definition of recession. Australia was therefore the only one of the OECD's 30 countries to avoid recession. Australia had the lowest budget deficit, the lowest debt and the highest growth among major advanced economies, confirming the correctness of the government's response of the GFC. The PM remarked:

If the Liberal Party was still in power, Australia would still have Work Choices; still have AWAs; the Government would still be in denial about climate change, and the global recession would be wreaking absolute havoc on our economy as the free market ideologues sat on their hands and waited for the market to 'self correct'.³⁴

He indicated in some detail the broad sweep of government reform and achievement. He identified the FWA as delivering 'a fair industrial relations system that's built to last'.³⁵ He recalled the historic partnership of the Hawke and Keating governments with the union movement: 'Ours must also be an historic partnership for the future – [seeking] a twenty-first century social wage'.³⁶ He concluded: 'As Australians, we're all in this together ... as business and unions, as communities right across our vast land'.³⁷

The half-hour speech drew frequent rounds of applause and a standing ovation at its end. Secretary Jeff Lawrence thanked the Prime Minister. He referred to the day's 'dialogue' with Julia Gillard and to union commitment to the abolition of the ABCC and restoration of rights for construction workers. He paid tribute to the government for its effective response to the GFC. He too looked forward to deepening the relationship between the political and industrial wings of the movement.

4 June

The final morning of the Congress proved a relatively quiet affair. With the hall a quarter full, Congress heard reports and endorsed resolutions from the Fair Society sessions. There were additional motions dealing with radioactive dumps in the Northern Territory, swine flu and industrial relations legislation in Western Australia.³⁸ There was very little or no discussion of these motions and all were carried.

A departure mid-morning was an address by Karen Ackerman, Political Director of the American Federation of Labor-Congress of Industrial Organizations. She recounted in detail the strategies implemented to achieve Democratic Party success in the 2008 Presidential election. Unions in the United States of America had embarked on a massive communications campaign to undermine support for Republican nominee, John McCain, and attract votes for Barack Obama. Her 40-minute address was followed by accounts of union-community campaigns in Queensland. A motion reflecting unions' endorsement of appropriate political and community campaigns was carried.

The final policy to be considered was a broad values statement headed, 'Australian unions-working for a better life'³⁹ (see Appendix p. 183). The statement mirrored the themes of the Congress, setting out a plan for the future of work, committing unions to an organising and growth strategy, and displaying a vision for a fairer society. The resolution was moved by Jeff Lawrence. Before it was put he thanked all delegates and staff for their contributions both before and during the Congress. He concluded with the commitment that unions would fight in particular for the highest possible OHS standards and for equal rights for construction workers. The motion on values was put and carried. The Congress ended at just past 1pm with a delegate volunteering to lead those remaining in singing Solidarity Forever.

Final Remarks

The new look leadership team completed a prodigious agenda and all within two and a half days. Congress proceeded smoothly and speedily through the agenda with no opposition from any quarter to any of the proposed policies. All amendments were worked into a form acceptable to the Executive. All policies were carried. This demonstration of consensus was carried through into the election of ACTU full-time office bearers. Sharan Burrow, Jeff Lawrence, Geoff Fary and Tim Lyons were re-elected to their positions. No ballots were required. The ACTU does not stand alone in stage management of its conferences; it is the understandable ambition of comparable political and industrial organisations. Nonetheless, the absence of debate and contesting of views shades the image of Congress as a 'workers' parliament'. This was partly offset by the concurrent sessions which provided opportunities for delegate involvement in decision making.

The issue of most interest at this Congress was the relationship between unions and the Rudd government. The last two Congresses in particular had highlighted the determination of unions to oust the Coalition government from federal office. The sense of common cause with Labor was obvious. And yet following Labor's victory in late 2007 and after the celebrations, unions were concerned that the Rudd government was not delivering on all the fronts they sought. Work Choices was repealed but not all its restrictive provisions were undone.

In their addresses to the Congress, Sharan Burrow, Jeff Lawrence and Cath Bowtell pointed to the major and early achievements of the Rudd government. Each also identified their concerns in relation to continuing restrictive provisions affecting unions' access to workers, rights to bargain and to take industrial action. Top of the list were union demands that the government abolish the ABCC, restore equal rights for construction workers and ensure no reduction in OHS standards. These messages were reiterated throughout the Congress and were put pointedly to the Deputy Prime Minister, Julia Gillard. The Prime Minister, on his visit to Congress, was also made aware of the strength of union views.

The last period of Labor federal government had witnessed the ACTU-ALP Accords, which had spelt out jointly held aims and had provided a framework for discussion and modification of the Accords. The then ACTU Secretary, Bill Kelty, enjoyed a close relationship with both Bob Hawke (Prime Minister, 1983–91) and Paul Keating (Treasurer, 1983–91 and PM, 1991–96). Even so, ACTU Congresses did not always roll out the red carpet for Labor leaders in government. Prime Minister Bob Hawke, for instance, received a tepid response to his addresses at the 1983 and 1985 Congresses.⁴⁰ At the 1993 Congress, Laurie Brereton, then Minister for Industrial Relations, faced an openly hostile audience and could scarcely be heard above delegates' interjections and heckles.⁴¹ Julia Gillard's reception at the 2009 Congress was not unprecedented.

The message that unions had been let down by the Rudd government carries risks for unions. They had worked tirelessly for, and invested heavily in, a Labor victory in 2007. They had mobilised their members to engage in door-knocking and fund raising. If their efforts had not borne fruit, would union and community members commit the same level of determination to keep the Rudd government in power when next going to the polls? Equally, a marked reduction in union coordinated efforts to get Labor returned could be expected to make re-election a more difficult challenge. It is in the interests of leaders in the ACTU and ALP to restore good working relations.

Finally, unions are their members. The steady erosion of union density over the last 20 years presents a stark challenge. The 2009 Congress endorsed a growth and organising strategy. The FWA establishes a more encouraging environment for member recruitment and retention. It is an opportunity that must be grasped.

Ed (E.M.) Davis is a Fellow of the Labour-Management Studies Foundation and an Emeritus Professor at Macquarie University. He has been a long term observer of ACTU Congresses. He has attended every Congress since 1979, writing accounts of those held between 1983 and 1991 for the Journal of Industrial Relations; 1993–95 for the Economic and Labour Relations Review; and, 2003–09 for Labour History.
<emjkdavis@hotmail.com>

Endnotes

^1.� Australian Council of Trade Unions (ACTU) Congress 2009, Minutes, p. 1, 40; state and provincial labour councils were entitled to seats at the Congress; ACTU Congress Procedural Matters Credentials and Agenda Report, Attachment.

^2.� ACTU, Constitution, Rules and Standing Orders, S.5.2; an accredited delegate may cast between one and four votes. This enables unions to send smaller delegations and therefore reduce costs.

^3.� ACTU, Report on ACTU Rules, Finances and Organisation, ACTU Congress 2009. Attachment A. The following reported more than 100,000 members: Australian Education Union (AEU), 168,793; Australian Manufacturing Workers Union (AMWU), 122,361; Australian Nursing Federation (ANF), 104,586; Australian Workers Union (AWU), 110,343; Community and Public Sector Union-State Public Services Federation (CPSU – SPSF), 118,494; Construction Forestry Mining Energy Union, (CFMEU), 103,000; Liquor, Hospitality and Miscellaneous Union (LHMU), 115,703; and Shop, Distributive and Allied Employees Association (SDA), 218,160.

^4.� E.M. Davis, 'The ACTU Congress of 2006 and its aftermath', Labour History, no. 96, May 2009, pp. 191–204.

^5.� E.M. Davis, 'The 1993 ACTU Congress: rewriting the rules', Economic and Labour Relations Review, vol. 4, no. 2, 1993, pp. 299–315 and E.M. Davis, 'The 1995 ACTU Congress: recruitment and retention', Economic and Labour Relations Review, vol. 7, no. 1, 1996, pp. 164–181.

^6.�Australian Financial Review, 13 May 2009, Budget 2009 Liftout, p. 2.

^7.� Australian Bureau of Statistics, Employee Earnings, Benefits and Trade Union Membership, 6310.0, August 2008, p. 30.

^8.� Sharan Burrow, Unions: Delivering for all working Australians, speech to ACTU Congress, 2 June 2009.This speech is on the ACTU's website, www.actu.asn.au. See section on 2009 ACTU Congress Highlights. Accessed 14 September 2009. Other speeches on the site include those delivered by ACTU Secretary, Jeff Lawrence; Deputy Prime Minister, Julia Gillard and the Prime Minister, Kevin Rudd.

^9.� Videos were again a feature of Congress. There were six ACTU videos covering the Your Rights at Work campaign, the Global Financial Crisis, the impact of redundancies on workers and their families, the Fair Work Act, the role of union delegates, and background to the new campaign, Unions: Working for a Better Life. Louise Tarrant, federal Secretary of the LHMU, showed two videos, on her union's Clean Start campaign and on the industrial issues facing hotel workers.

^10.� Jeff Lawrence, The Union Agenda for Working Australians, speech to ACTU Congress, 2 June 2009, p.3. See ACTU website.

^11.�Ibid., pp. 6–7.

^12.�Ibid., p. 9.

^13.� Two documents on the appropriate unions' response to the GFC were circulated at the Congress: Unions NSW, Hand in Hand: A Plan to Help Union Members Survive the Recession and, A Union Response to the GFC: Building Job Security and Social Justice, published by the AEU, AMWU, CFMEU and LHMU. This was not a debate that found its way onto the floor of Congress.

^14.� Delegates had the option of spending their lunch at scheduled 'fringe events'. Ten fringe events were held during the Congress on: the New Zealand experience; employee share ownership; international union solidarity; building the green economy; beyond the market-education work and economic renewal; unions and lesbian, gay, bisexual and transgender workers; ACTU worksite for schools; Indigenous peoples and climate change; climate change and workplace activism; and, regional trades and labour councils. Other associated activities included a breakfast with speakers discussing superannuation and a 'women's lunch' with Queensland Premier, Anna Bligh.

^15.� Bill Mansfield was a former ACTU Assistant Secretary, leaving the ACTU in 2002 to become a Commissioner in the Australian Industrial Relations Commission. Several former Assistant Secretaries attended sessions at the Congress including Laurie Carmichael, Bill Richardson, Chris Walton and Gary Weaven.

^16.� ACTU, Constitution, Rules and Standing Orders, as amended in 2006, S.13.1.

^17.� Davis, 'The ACTU Congress of 2006', pp. 195–6.

^18.� See ACTU, Future of Work, Industrial Relations Legislation Factsheet, ACTU Congress 2009.

^19.� See also Socialist Alliance's 'Open letter to Delegates to the 2009 ACTU Congress', calling for campaigns against the ABCC and against the most crippling provisions of the Fair Work Act.

^20.� Speech by Ark Tribe to the ACTU Congress 2009, 2 June 2009, on the ACTU's website.

^21.� Yellow T shirts had been provided by the CFMEU for delegates to the Victorian ALP Conference in 2008. That protest was in relation to charges against a CFMEU official, Noel Washington, for failing to appear before the ABCC. The target was Julia Gillard. See Cathy Brigden, 'Unions and collective bargaining in 2008', Journal of Industrial Relations, vol. 51, no. 3, 2009, p. 369.

^22.� Michael Crosby is currently Director of the European Organizing Center, in the American 'Change to Win' coalition.

^23.� This session did not have an ACTU policy resolution to consider. Mark Lennon (Unions NSW) chaired and noted the contributions for a report back to Congress scheduled for the next day.

^24.� ACTU, Report on ACTU Rules, Finances and Organisation, ACTU Congress 2009, p. 7. This was one of the few hard copy reports provided to delegates. Most reports and draft resolutions were provided via the web. The ACTU's aim was a 'paperless' Congress.

^25.�Australian, 3 June 2009, p. 1 and Australian Financial Review, 3 June 2009, p. 7. The Australian's reporting of Congress was extraordinary, with several front page lead stories. Their readers were put on notice that unions were once again a threat to economic order.

^26.� Future of Work, Wages and Collective Bargaining Policy, ACTU Congress 2009, S.1(a) and (b). See ACTU website, 2009 Congress.

^27.� Hon. Julia Gillard, Address to ACTU Congress, 3 June 2009, p.1. See ACTU website, 2009 Congress.

^28.�Ibid, p. 2.

^29.�Ibid, p. 5.

^30.� See 'Comments by Jeff Lawrence to the ACTU Congress 2009 in response to speech by Julia Gillard, 3 June 2009'; ACTU website, 2009 Congress.

^31.� The Rules state that at least 50 per cent of the ACTU Executive must be female. Therefore, when the outcome of elections and nominations leads to less than 50 per cent, additional women members are co-opted. See ACTU Rules (endorsed at 2009 Congress) S.16.2 for rule and process.

^32.� See www.lhmu.org.au Accessed 14 September 2009

^33.� A third rally was organised for the next day. This rally was organised by the Textile, Clothing and Footwear Union of Australia (TCFUA) and its target was a Pacific Brands factory. Pacific Brands, producer of brands such as Bonds, Holeproof and King Gee, had attracted attention for plant closure and downsizing in 2009 (Australian Financial Review, 24 August 2009, p. 12).

^34.� Prime Minister, Speech to the ACTU Congress 2009, 3 June 2009, p.4. See ACTU website, 2009 Congress.

^35.�Ibid, p. 6.

^36.�Ibid, p. 7.

^37.�Ibid, p. 8.

^38.� A coalition government had won office September 2008 in Western Australia. All other states and Territory governments remained Labor.

^39.� See E.M. Davis, 'The ACTU Congress of 2003', Labour History, no. 85, Nov. 2003, pp. 245–6 for the previous values' statement.

^40.� E.M. Davis, 'The 1983 ACTU Congress: Consensus Rules OK!', Journal of Industrial Relations, vol. 25, no. 4, 1983, p. 510; E.M. Davis, 'The 1987 ACTU Congress: reconstructing Australia?', Journal of Industrial Relations, vol. 30, no. 1, 1988, p. 123.

^41.� Davis, 'The 1993 ACTU Congress: rewriting the rules', p. 307.

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