The Chairman reported on the meeting held on 23/2/2000 to discuss Lend Lease and the issue of direct supply and read the minutes of that meeting.

He then read the notice of motion received from Bass Floor Company, which read as follows:

"We refer to the Extraordinary General Meeting held at Parramatta Club on Wednesday 23rd February 2000.

In accordance with the Constitution Clause No.43 of FCA of NSW (Amended 1993) the meeting was invalid because:

• Written notice was not sent to all members;
• Details of the proposed special resolutions were not given and;
• At least 21 days notice of the meeting was required.

All resolutions passed at the above meeting to be rescinded."

Proposed: P. Kable, Bass Floor Company

Seconded: P. Dean, Tarkett Sommer Australia

The Chairman stated that the special meeting had been called in compliance with clause 21 or the Constitution which allowed for the calling of a Special General Meeting if requested by 5% of the membership. He stated that these requirements were complied with.

He also read Clause 17 of the Constitution outlining the Powers of the Management Committee and stated that these requirements were complied with.

The Chairman then referred to Clause 43 of the Constitution and its definition of "special resolutions". Again, he claimed that the resolutions passed at the special meeting were not in breach of this clause of the Constitution and were therefore valid.

However, in response to the Notice of Motion from Bass Floor Company, he had circulated to members notice of four motions to be put to this General Meeting. He believed all these comply with requirements of the Constitution.

Mr. P. Kable spoke in support of his notice of motion and asserted that 14 days notice of the meeting should have been given to all members in writing, not by phone.

He went on to explain the events leading up to the meeting and commented that only 9 members attended the meeting, two of which were from the same company.

The Chairman maintained that he had acted in accordance with the Constitution and cited previous meetings held to discuss the EBA as precedents.

Mr B. L'Estrange proposed that the motions should be put to the meeting.

Mr S. Kelly proposed that the resolutions passed at the special meeting on the 23rd be rescinded and the new motions be put.

Mr P. Dean supported the Bass Floor Company's motion to rescind the resolutions passed

on 23/2/2000 and stated that he thought manufacturers should have been included at that meeting.

It was moved Mr S. Kelly, seconded Mr P. Dean that the resolutions passed on 23/2/2000 be rescinded.

The motion was carried.

MOTION 1

It was moved Mr S. Kelly, seconded Mr I.King that;

"FCA NSW Members do not accept invitations from Builders, Developers, Government Departments and end users to carry out "Installation Only" tenders, quotes, contracts where materials have been supplied direct to the Builders, Developers and end users"

Mr. Irving Warren commented that there should be no inference that members could be expelled from the Association for non-compliance, as this could be illegal.

There was some discussion on this point and it was generally agreed that threat of expulsion could not be used to enforce compliance. Consequently, it was proposed that the words "subject to legal advice" should be included in the motion.

Mr. S. Kelly contended that the main concern related to the major contractors installing resilient floorcoverings and the need to protect their industry.If the move towards direct supply is allowed to become established, contractors will be forced to operate on a "labour only" basis.

Mr. P. Kable expressed the opinion that Lend Lease were re-thinking their position and have changed their attitude somewhat regarding direct supply.

There was further discussion on the wording of the motion and the Chairman then read the amended motion as follows;

"FCA NSW recommends members do not accept invitations from Builders, Developers, Government Departments and users to carry out "Installation Only" tenders, quotes, contracts where materials, namely resilient floorcoverings, including timber, have been supplied direct to the Builders, Developers and end users,(subject to legal advice).

The above motion was moved by Mr. S. Kelly, seconded by Mr. S. Brown.

The vote was taken on a show of hands, indicating

21 in favour (including proxy votes)
0 against
6 abstaining

The motion was declared carried.

MOTION 2

It was moved Mr. I. King seconded the Mr. R. Hooker that:

"FCA NSW members do not accept invitations from Builders, Developers, Government Departments and end users for "installetion Only" tenders, quotes, contracts where materials, namely resilient floorcoverings, including timber, have been previously supplied by Government Contract Suppliers in the metropolitan supply areas (subject to legal advice).

The vote was taken on a show of hands, indicating

29 in favour (including proxy votes)
0 against
6 abstaining

The motion was carried.

MOTION 3

It was moved Mr. P. Kable, seconded Mr. P. Dean that:

"FCA NSW members form a sub-committee of equal contracting and manufacturing members to work through the issues of "Direct Supply" and "Installation Only" tenders, quotes and contracts and report back to the Association at the next General Meeting."

The vote was taken on a show of hands, indicating:

29 in favour
0 against

The motion was carried.

MOTION 4

It was moved Mr. S. Kelly, seconded by Mr. I. King that:

"This newly formed sub-committee has the power to approach the NSW Government Contract Control Board to discuss and resolve the issues of "Direct Supply" and "Installation Only". through the Government Contract fof Resilient Finishes and report back to the Association at the next General Meeting"

The vote was taken on a show of hands, indicating:

29 in favour (including proxy votes)
0 against

The motion was carried.

It was agreed that the sub-comittee be formed as resolved in Motion No. 3 Messrs. Kelly, P. Kabke, and R. Hooker were nominated to represent the FCA.

ARFA will be invited to nominate 3 Members and Jason Carter was nominated to act as Chairman and liaise with the FCA Committee. There was no further General Business.

The meeting closed at 8.45 p.m.