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During June 1986, the Administrative and Clerical Officers' Association (ACOA) went to the Conciliation and Arbitration Commission to begin the establishment of redundancy awards to cover employees of- Aboriginal corporations funded by the Federal Government's Department of Aborginal Affairs (DM).
The imminent closure of the NSW- based Family Resettlement Aboriginal Corporation (FRAC) meant that ACOA had to act quickly so that the employees Involved would be entitled to redundancy payments.
Like many Aboriginal corporatons, until 30 July 1986, FRAC was funded totally by DAA.
While DAA's own workers have quite good redundancy provisions, DM argued that the Black workers In MAP deserve no redundancy, payments at all.
Faced with this statement, the FRAC workers went to their union - ACOA. After unfruitful discussions with DAA, ACOA took the matter to the Conciliation and Arbitrator Commission.
DAA has done and is still doing its utmost to stop ACOA from getting an award which will allow redundancy payments-to be made to employees of Aboriginal corporations.
DAA says it is doing this because there are 1,000 Aboriginal corporations and another 5,000 similar non-Aboriginal corporations funded by the Australian govemment. It would be extremely expensive, DAA says, to fund redundancy payments for all the employees involved.
ACOA Is aware that many Aboriginal corporations have been set up for some time on an ongoing basis. FRAC itself has been in existence since the early 1970s.
ACOA has pointed out that if DAA does not Intend to stop funding the corporations, then DAA has no reason to fear the cost of redundancy awards. ACOA is very curious about what DAA Is planning for other Aboriginal corporations.
Even given DM's intransigence, ACOA is optimistic. The union has a very good chance of getting n award for the FRAC workers and Intends to continue to establish equitable terms and conditions for all Its members.
From TUCAR Newsletter, Number 11, July 1986. (NSW Trade Union Committee On Aboriginal Rights)
"Workin' At It" is a video recently produced to provide Aboriginal and Torres Strait Islanders with a better understanding of how they can benefit by participating in trade unions.
it was produced by the Trade Union Training Authority (TUTA) and. the National Aboriginal Employment Devolopment Committee(NAEDC) in conjunction with the Australian Council of Trade Unions (ACTU).
In launching the video, ACTU Secretary, Bill Kelly, described t as a small but concrete step in terms of the trade union movement working with the, Aboriginal community.
'But we need to do more', he said.
Also at the launch, Rod Williams, NEEDY member explained, 'The Arbitration Commission doesn't understand the cultural differences affecting Aboriginal people.
'This is where the unions can play a role.'
David Ruff agreed, These cultural differences are preventing Aboriginal workers from obtain-ing the same rights as other workers and this is every reason for the unions too be involved.
'And Aboriginals, by getting fully involved in the union movement, would be in a better position to explain their particular needs when the awards are belng drawn up.
The video was made by the Community Media Association In Adelaide with Aboriginal input from trainees on training programmes, and The Community Employment Program (CEP).
Two of the Aboriginal assistants, Sheryl Wilson and Raylene Williams want to ultimately - develop an Aboriginal information and media unit for the Port Augusta community.
Information from NAEDC NEWS Number 10, July 1986.
The Central Land Council is currently engaged in a research project aimed at stemming the 'defamation' and racism, that is reported from time to time, through the Northern Territory media.
In short, this will involve a monitoring of tee press, in regard to Aboriginal issues, with a view to:
a) publishing a response to offensive and inaccurate reporting, and / or
b) recommending further action to an appropriate body.
The contact for the research at the CLC is Lyle Johnson. If anyone has information, especially in regard to any cases on defamation involving Aborigines please forward t to:
Lyle Johnson
CLC,
PO Box 879
Tenant Creek
NT 5760.
At a meeting in Cobar, NSW, on 23 July, the Western and North Western Regional Aboriginal Land Councils with the NSW Aboriginal Land Council met with representatives from the Western Lands Commission Aboriginal Land Claims Unit and the Seem" at the Department of Lands to discuss the recent amendments to the Aboriginal Land Rights Act. The following motion was passed (unanimously) at the end of that meeting:
The local Aboriginal Land Councils from the Western and North Western Regional Aboriginal Land Councils emphatically reject the recent amendments to the NSW Aboriginal Land Rights Act which provide for land in the Western Land Division to be granted by way of perpetual leasehold Instead of Inalienable freehold. Perpetual leasehold is a less secure form of tile. The Government should revert to the farmer provisions which provided for inalienable freehold.
The meeting had been advised by the solicitor for the NSW Aboriginal Land Council that the claim by the government that leasehold was as secure as inalienable freehold was misleading.
The purpose of granting leases, advised the solicitor, was to ensure that the Western Lands Commlssioner had more control. The final sanction was forfeiture. The title was then, to that extent, far less secure.
(See the article by Kelvin O'Keefe, [1986] AboriginalLB 46; 1(21)pg9, and a reply by M. J. Flattens QC, [1986] AboriginalLB47; 1(21)pg11, this issue.)
In June of this year, the Queensland newspaper, the Catholic Leader, broke the story of how 1,000 hectares of Aboriginal reserve land at Yarrabah, Cairns was under threat a resumption.
If any excision of land is considered, it is in contradiction to the Bjelke-Petersen Queensland government's stated intent ‘to provide security of tenure and integrity of the reserve land.’
It is four years ago since the Queensland government introduced its scheme of Aboriginal land rights', the 'deed of grant program. But as yet no Aboriginal title deeds have been issued with to Queensland government finding excuses by appointing blame to the federal government.
The Invention of the 1,000 hectare excision was publicised in the Catholic Leader by Fr. Frank Brennan, a barrister and adviser to the Australian Catholic bishops on Aboriginal affairs. He argued that the Yarrabah case and other decisions indicate that the interests and aspirations of the Aborigines will be organised by law and espoused by government only when no other actual or potential Interests and aspirations compete.
It seems the Cairns Port Authority required the land so in December last year, the Queensland Harbours and Marine Department wrote informing the Land Department that up to 1,000 hectares of the Yarrabah Aboriginal reserve would be needed.
Following this disclosure in the Catholic Leader, Senator Margaret Reynolds (ALP, Qld) and Senator Charley (Lib, Qld) directed questions to Senator Susan Ryan, Minister for Education representing the Minister for Aboriginal Affairs, in the Senate. The reply by Senator Ryan explained that Mr Holding had 'received assurances from Mr Katter (Queensland Minister for Northern Development and Community Services, which is responsible for Aboriginal matters, and would seem to have a conflict of interest in his portfolios concerning this Issue), that there is no cause for concern and pat no excision will proceed'.
However, it seems the deed of grant will contain a notation saying that land may be required for a deep water port.
Frank Brennan believes, ‘Realistically the situation comes down to Queensland honouring its 1982 promise on land rights, or it breaches his undertaking.
‘The only other possibility is that if it does, the Commonwealth takes action according to the promises given by previous federal Ministers for Aboriginal Affairs to intervene in this eventuality.’
This information was extracted from the Catholic Leader, June issue, 1986.
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URL: http://www.austlii.edu.au/au/journals/AboriginalLawB/1986/42.html