2014 Rail and Road - September Edition

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VOLUME 106 No.3 September 2014

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RAILROAD THE MAGAZINE OF THE NSW BRANCH OF THE RAIL, TRAM & BUS UNION

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Email 83-89 nswho@rtbu-nsw.asn.au Renwick Street Website www.rtbu-nsw.asn.au Redfern NSW 2016 Tel (02) 93197277 Fax (02) 93194341 Bus and Tram Division Email info@rtbu-nswbus.asn.au 83-89 renwick LocomotiveStreet Division

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RAIL & ROAD is the official journal of the NSW Branch of the Rail, Tram and RAIL & ROAD is the official journal of the NSW Branch of the Rail, Tram and Bus Union and is produced as part of the union’s communication strategy Bus Union and is produced as part of the union’s communication strategy to inform and report on matters of interest to members. to inform and report on matters of interest to members. All editorial and advertising inquiries should be addressed to Peter O’Connor Telephone: 0430 188 116 e-mail: poconnor@rtbu-nsw.asn.au All editorial and advertising inquiries should be addressed to Peter Printing - Brightset, Banksmeadow, (02) 9316 4800 O’Connor Telephone: (02)- 9264 2511 e-mail: poconnor@rtbu-nsw.asn.au Art & Design - P Design proberson@hotmail.com - Phone 0402 032 949

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redfern NSWPitt 2016 Level 4, 321 Street Sydney Tel (02) NSW 2000 93197277 Tel (02) 92643400 Fax (02) 93194341 Fax (02) 92647679 nswbus4@bigpond.com Email nswloco@rtbu-nsw.asn.au

Newcastle Office 33 Gordon Avenue, Division Locomotive

Hamilton NSW 2303 Level 4, 321 Pitt Street Tel (02) 4961 4311 Sydney Fax (02)NSW 49612000 4779 Email newcastle@rtbu-nsw.asn.au Tel (02) 92643400

Fax (02) 92647679Office Wollongong Level 1, 306a Crown Street, Email nswloco@rtbu-nsw.asn.au Wollongong, 2500 Tel (02) 4227 5798 Email wollongong@rtbu-nsw.asn.au Newcastle Office 33 Gordon avenue Branch Executive SecretaryNSW 2303 Alex Claassens hamilton President 4311 Tony Clear Tel (02) 4961 Assistant Secretary David Woollams Fax (02) 4961 4779

Elected Full-Time Officials Branch Secretary

Wollongong Office Alex Claassens Level 1, 306aDivisional crown Street, Wollongong, 2500 Locomotive Secretary Tel (02)Hayden 4227 5798 Robert Email wollongong@rtbu-nsw.asn.au Tram and Bus Divisional Secretary Chris Preston

Branch Executive Tram and Bus Divisional President Secretary Gary Way

alex claassens

President Organisers

Phil Kessey

assistant Secretary Wollongong

Mick Schmitzer John Curley Freight Organisers Steve Wright Kevin Pryor Organisers Passenger Organiser Bob Newham Newcastle Mick Schmitzer Jessica Epps Wollongong John curley Branch Organisers Lizanne Bennett Frieght Organiser Steve Wright Helen Bellette Branch Organisers Brendan Edghill Mick Cartwright Paul Douglas Michael Farhat BobGraham haydenFozzard Doug Klineberg Lead Organisers Luke Hayden KesseyStuart Education Officer Phillip Maryanne Doug Klineberg Communications Officer Peter O’Connor Lizanne Bennett

Education Officer Maryanne Stuart Industrial Officer

Peter O’connor


From the Branch Secretary After months of frustrating negotiations with the Rail Entities to replace the Railcorp EA 2010, members have had the opportunity to discuss details of the proposed EA at a series of information meetings, and now get to vote on the proposals. The RTBU has conducted approximately 100 member briefing sessions in the Sydney metropolitan and regional centres to discuss the details of the Rail Entities proposed EA. The meetings have been well attended in all areas, demonstrating how important the new EA is to members and their families. Ballot papers have been distributed to members homes in the first week of September, and voting closes on 17 September , and we encourage members to vote on the proposed EA. Please see the bulletin on the RTBU website for more details. As we have stated throughout the EA negotiations, if the vote from members is to reject the Rail Entities offer, we will take appropriate protected industrial action an attempt to resolve and progress the negotiations to a more favourable outcome for members. Every delegate and the members they represent should be congratulated for the work they have done to produce significant victories to date over the agenda being run by the Rail Entity bosses and the government they serve.

On other industrial fronts there is also no shortage of hostility and debate around preserving minimum and established working conditions in a very difficult political climate. The RTBU, while engaging with anti-worker governments and hostile employers, continues to make gains for members. In the private sector we continues to achieve good results in wage increases and improved conditions. In a recent result with ARTC, our infrastructure members achieved a wage increase of 3% as well as maintaining and improving conditions. Members voted in favour of the new EA by an overwhelming majority of 97%. The union has also received a series of undertakings from Sydney Trains during the EA negotiations. One such undertaking is in relation to the Train Crew Team Leader dispute. Sydney Trains have agreed to a freezing (or ‘red circling’) of salaries of impacted employees as of April 2014. The frozen rate will cease when ‘the substantive rate of the role the individual occupied (Driver, Guard, Driver Trainer, Guard Trainer) catches up with or overtakes the red circled rate’. Our ongoing battle with the NSW Government around cleaning services has also resulted in cleaners coming back under the management and responsibility of Sydney and NSW Trains, rather than being sub-contracted privately. This outcome is a timely reminder that while we may lose the occasional battle at any given moment,

if we remain united and consistent in our struggle to achieve the best outcomes for members, then the battles can be re-fought and achieve the long term results that members desire. Members have been notified of the upcoming RTBU elections being conducted by the Australian Electoral Commission, and nominations for positions are open now. I would encourage all members to be actively involved in the union elections, to ensure that our democratic processes are healthy and that members elect the best representatives to lead our union. It is important that all members ensure that their address and contact details are up-to-date to vote in the elections. Please check with the membership staff in the union office if you are unsure or wish to change your details. Nomination forms and information can be obtained from the AEC or the union office. I urge all members to consider their vote very carefully to be sure that you choose the very best person/s to represent members. Most importantly, do not waste your democratic rights, be sure to vote by returning your ballot papers in accordance with the instructions provided. I wish all candidates well in their desire to represent RTBU members.

In this Issue Industrial News Big Turn Out at Rail Entities EA Sessions. . . . . . . . . . . . . . . . 5 Industrial Notes Blitz on Buses and Drivers Continues . . . . . . . . . . . . . . . . . . 6 RTBU Sticks Up for Cleaners. . . . . . . . . . . . . . . . . . . . . . . . . 6 Train Crew Team Leaders Dispute Resolved . . . . . . . . . . . . . 7 ARTC Vote or New EA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Members Vote on Rail Entities Offer. . . . . . . . . . . . . . . . . . . 7 Safety Matters RTBU Calls For Extra Bus Security. . . . . . . . . . . . . . . . . . . . . 8 Sydney Train Drivers Left in Communication Void. . . . . . . . 10

General News RTBU Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Developers, ICAC and Newcastle Rail. . . . . . . . . . . . . . . . . 12 Branch Secretary Sleeps out at Vinnies CEO Sleepout . . . . 14 Eminent Australians Speak Out on Detaining Children. . . . 16 50 Year Anniversary of Port Kembla Locomotive Depot . . . 19 Abbott Government to Create Underclass of Workers. . . . . 21 Social Media Policies Impinging on Privacy . . . . . . . . . . . . 22 Direction to Work Extra Unpaid Hours Unlawful . . . . . . . . . 24 RTBU Concise Financial Report . . . . . . . . . . . . . . . . . . . . . . 25 Whistlestop. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29


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Industrial News Rail Entities Final Offer Prompts Big Turn Out at EA Meetings Rail Entities has announced that it has provided its final offer and that company representatives will commence paid staff briefings on Monday 18 August. The Combined Rail Union delegates met earlier last month to discuss the latest developments and passed a number of resolutions, including a resolution allowing for union briefing meetings to be held after every company briefing to ensure members get a full overview of what is on offer. Over the past few weeks the RTBU has conducted member meetings in the Sydney Metropolitan and regional centres.

RTBU Branch Secretary Alex Claassens and Organisers address EA information session in Wollongong Over the last few weeks RTBU representatives have attended close to 100 meetings being held around the state with members on the Rail Entities EA offer. It has been fantastic to see so many members turning up to learn about the offer and understand how it will affect them. The ballot will be held in the next few weeks so members are again reminded to make sure they have their details up to date with their employer and the union so their vote can be counted. As Rail and Road goes to press, members will have received their ballot papers, we encourage all members to vote and return their ballot papers by the set date. If the vote is returned with a majority 'no' the union will immediately take steps for protected industrial action.

RAIL & ROAD September 2014

RTBU Delegate Craig Turner requesting information from Howard Collins, CEO of Sydney Trains

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Industrial Notes Blitz on Buses and Drivers Continues

Police and Inspectors from Roads and Maritime have ramped up their blitz on buses and bus drivers expanding their net to the STA fleet after earlier swoops on private bus services. On Friday 11th July, 2014 inspectors and Police descended on the Port Botany and Hamilton depots, finding a considerable number of what they described as minor defects. The STA fleet seemed to be in much better condition than the privates that were hit, thus delivering another blow to the pathetic argument for privatisation. Obviously RTBU members have been booking up faults, and although some annoying issues take too long to be addressed (over 30 faults were found), our vigilance has paid off. Two swab drug tests, which initially showed positive, were later deemed negative, with confirmation to come from final urine tests. Well done to all RTBU members involved. In particular David Sousa – Relief Delegate Port Botany Depot and Glen Saunders – Relief Delegate Hamilton, who spent the day protecting members interests.

RTBU sticks up for cleaners

The RTBU has been sticking up for cleaners following a front-page special investigation news story in August about the sorry state of Sydney’s public transport. The report saw the majority of Sydney buses and trains fail basic hygiene swab tests. The RTBU Secretary, Alex Claassens came out hard, attributing the filth to massive cutbacks in staff and a failed attempt to outsource the cleaners to private enterprise. Our cleaners do a very tough job and management seem to want to make it impossible. The RTBU’s fight has resulted in the cleaners being brought back into Sydney and NSW Trains and we continue to argue for better equipment and better treatment of our cleaners

Working With Children Check Update While members are very willing to participate in any improvements to child protection, the RTBU has fought this unfair cash grab from employees since it was announced. Tram and Bus Divisional President, Gary Way was the first union official to publicly raise the issue at Unions NSW. The legislation is silent on who must

pay this five yearly application fee, however, the State Government has instructed all agencies to pass the fee on to employees. The Working With Children Clearance is not limited to the Public Sector but affects all employees working with children. As a result other Unions in NSW have joined this dispute.

As this matter has widespread coverage and following constant representations from the RTBU and other unions, Unions NSW has now taken carriage of this matter and as such it has coordinated a dispute to cover all unions. This dispute is listed for hearing at the Industrial Relations Commission in Sydney in the coming weeks.

Get on the

Bus Express! Bus Express is constantly updated with new information from around the depots – including workplace disputes, industry updates and news about RTBU Members. Members who subscribe to the web site get a fortnightly email with links to all the latest scoops. Printed newsletters will also be distributed around depots.

www.busexpress.com.au


ARTC Members Vote for New EA Negotiations for a new ARTC EA started in February 2014. The negotiations started off as an uphill battle with ARTC immediately informing the union negotiating team that back pay was off the table and any improvement to existing conditions would result in offsets of existing entitlements. Some of the big issues during negotiations were the pay rise, back pay, the length of the agreement, the classification structure and increases to allowances without loss of any conditions. Negotiations lasted for 6 months until August 2014. Once a draft Enterprise Agreement was proposed to members, RTBU officers conducted workplace meetings for the two weeks prior to voting, to provide information and explain the details of the proposed agreement.

The proposed EA was overwhelmingly supported by members. Of the 141 ARTC members who voted on the proposed EA, 138 (or 97%) voted in favour of the 2 year agreement, which included: • 3.0% Annual salary increase with the Superannuation Guarantee paid on top (Three increases, 3.0% February 2014, 3.0% February 2015 and 3.0% February 2016) • On Call allowance increase • Travelling Away From Home allowance increase • Salary increase, on-call allowance and travelling away from home allowance to be back paid to the 21st February 2014.

Members Vote On Rail Entities Offer As Rail and Road goes to print, thousands of union members in Sydney and NSW Trains are voting on their Enterprise Agreement for the next three years. The RTBU, with seven other rail unions, has been negotiating with the Rail Entities for more than twelve months to get agreements to a stage to take out to the members. The proposed Enterprise Agreements being voted on

are not perfect. However the unions have been able to claw back most of what the NSW Liberal Government wanted to rip away from workers when we first started out. The union has been using everything at our disposal to make sure our members are as informed as possible on what they are now voting on. RTBU representatives have attended over 100 face-to-

face member briefings and have been encouraged by the strong turnouts to these by members. We have also distributed numerous bulletins and even called members directly to ensure all understood what is in and out of the offer and were encouraged to vote. Our delegates have also been flat out trying to talk to as many members as they can. Ultimately we await the

verdict of our members. If the majority vote is yes we have a new agreement. If no - we immediately apply for protected industrial action and the fight continues. Either way, we thank all our hard working delegates for their efforts and our members for their support and engagement in the process so far.

Train Crew Team Leader Salaries to Be Maintained Earlier in the year, Sydney Trains abolished the Train Crew Team Leader positions, with those in the positions being reverted to their previous positions and salaries. This lead to a dispute between the RTBU and Sydney Trains to maintain the salaries of the employees affected by the abolition of the positions. After much debate on the matter, the RTBU received correspondence from Sydney Trains in June, undertaking to maintain the salaries of the affected employees at the Team Leader rates, until such time as their current positions catch up with that rate.

Sydney trains made the following undertaking to resolve the dispute: “After considering the circumstances and the nature of the financial arrangements of impacted individuals, Sydney Trains will offset the detriment through alternative arrangements. The following arrangement is made without prejudice to Sydney Trains' position in regard to the dispute and is being made based•on the unique circumstances of the removal of Team Leader roles. • Salaries of impacted employees will be frozen ('red circled') at the

RAIL & ROAD September 2014

rate that they were as of April 2014 following Team Leader roles being abolished. • No percentage increases or other increases of any kind (such as enterprise agreement increases) will be applied to the red circled rate of pay. • The red circling of the salary will cease when the substantive rate for the role the individual occupied (Driver, Guard, Driver Trainer, Guard Trainer) catches up with or overtakes the red circled rate.”

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Safety Matters RTBU Calls for Extra Bus Security Following Newcastle Bus Assault The NSW Rail Tram and Bus Union (RTBU) is calling for urgent action to secure driver and passenger safety on Newcastle night bus services after a man in his 20s was assaulted on the 100 service from Charlestown last night. RTBU Bus Division President Gary Way said a group of about 20 young people first began causing trouble on a bus to Charlestown and were ejected by that driver for anti-social behaviour. Police were in attendance and the group continued their poor behaviour – swearing at the police. The same group then caught the next bus service and the driver asked the police to assist by riding the bus until the trouble-makers got off. The police refused and said buses have their own transport police. Within 15 mins a passengers’ hair was set on fire and was physically assaulted, requiring medical attention. “The State Transit Authority and local police need to take control of the late night 100 services to and from Charlestown to stop anyone else from being abused before there is an even more serious assault or fatality,” Mr Way said today. “The Union finds it unacceptable that the experienced driver of the bus where the assault took place was refused police support when clearly there was a dangerous situation brewing. “Most bus drivers have not seen any transport police on local late night services. “Bus drivers are not security guards – they need the support of police and their employers to help protect themselves and their passengers. “This is not a one-off outbreak of violence on this service, there was an assault on the same bus service last week and it has a reputation as a risky service for drivers and passengers alike. “The Union calls for security guards or transit police on Newcastle late night bus services – particularly those which service Charlestown and are known for problem behaviour.

RTBU Bus Division Secretary, Chris Preston, is interviewed by NBN TV outside the Hamilton Depot “If The NSW Government is committed to improving security on public transport it needs to act to end the known danger on the late night Newcastle bus services,” Mr Way said.

Union wins backdown on safety cutbacks at Moore Park event busway black spot RTBU Tram and Bus Division has acted on concerns from Randwick depot drivers and forced State Transit to maintain supervision at known dangerous spots for pedestrian accidents and fatalities during special events at the Moore Park precinct, raising safety concerns among bus drivers. STA had planned to hand supervision to the Centennial Park Trust without any guarantee that the same level of supervision currently in place would be maintained. Divisional President Gary Way said Randwick bus drivers had considered a work ban on using the bus roadway at Moore Park in the interests of community safety.

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Sydney Train Drivers Left in Communications Void by Delays to Safety Upgrade The Sydney Morning Herald recently reported that train drivers in greater Sydney continue to confront communications “black spots” because a key safety recommendation made following the city’s past rail disasters has not been implemented. And there are doubts over whether the system – a digitalradio upgrade – will be in place by mid next year, almost five years after the initial deadline to install the $225 million project. Tightly held government documents show that a digital train-radio system, which would allow drivers, controllers, signallers, guards and trackworkers to communicate with one another, has been plagued by delays and overruns since the previous government first promised to introduce it by 2010. For drivers, the lack of a digital-radio system exposes them to “black spots” on the city’s rail network, where the current analogue radio system is erratic. “At this stage the forecast date for final completion of July 2015 is noted with concern,” says a Transport for NSW update into the project, obtained using freedom of information laws. Following the Waterfall train disaster on January 2003, an inquiry by Peter McInerney highlighted the longstanding failure to upgrade communications technology on Sydney and NSW trains. “The Waterfall, Hexham and Glenbrook rail accidents, and the other accidents considered by the Glenbrook Inquiry, all point strongly to the need for compatibility of communications systems throughout the network,” Justice McInerney’s report said. “It is essential that drivers, controllers, signallers, guards and trackside work gangs communicate using the same technology,” the report said. In response, the former Labor government said it would introduce a digital-radio system across the network by the end of 2010. But the government did not sign a contract to deliver the system until 2009. That $225 million contract, with infrastructure company UGL, envisaged finishing the project by 2012. But after the O’Farrell government came to office, the contract was renegotiated and the completion date pushed back to April next year. That date has since been pushed to next July. Documents also show that there have since been multiple commercial disputes between UGL and the government that may have driven up the project’s cost.

Transport Minister Gladys Berejiklian blamed the delays on the former government, and said the project would be finished by July. “It is a disgrace that Labor left this project in such a mess,” Ms Berejiklian said. “The safety of customers is a priority for the NSW government and I'm pleased this complex project is now back on track." Bob Newham, an organiser for the Rail, Tram & Bus Union, said one of the problems with the analogue radio system was that it was “patchy.” Mr Newham cited the Blue Mountains and the Hawkesbury River as areas where drivers might find they were in a communications “black spot”. “You still have emergency functionality but that only applies to trains within that specific area,” Mr Newham said. “If you saw trespassers on the track and you needed to ring the signal box to alert them, you would not have that capability,” he said. The analogue system also does not allow drivers to communicate with other trains; for instance, to tell an oncoming train that something is wrong. A spokeswoman for Transport for NSW said the government found the project had been “mismanaged” when it came to office. “The project deadline was put under continuing detailed review as the government worked to resolve the situation and bring the project back on track,” the spokeswoman said. “DTRS is a very complex and difficult project that includes the design and installation of a bespoke communications system, tailored to the needs of a large, complex rail network.”

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General News

RTBU Elections 2014 The Australian Electoral Commission has issued notices for the upcoming RTBU Elections for National and NSW Branch Positions. The full notices have been issued to members as a special bulletin, and have been posted in a dedicated link on the RTBU website. Please go to www.rtbu-nsw.asn.au/ for details of the election timeframes, nomination process, and offices to be elected. Note: NSW Locomotive Division members – the original notice from the AEC included a range of Workplace Organiser positions. These positions are normally elected from the particular workplace, and the AEC has now confirmed that these positions will not form part of the elections to be conducted by the AEC. A summary of the general election information is provided below. Nominations, which must be in writing and comply with the Union’s registered rules, may be made at any time from 9:00am on 1 September 2014. They must reach the Returning Officer’s office or postal address not later than 5:00pm on Monday, 22 September 2014. It is a basic requirement of nomination for any office in the Union that candidates be financial on the date nominations open. Intending candidates should consult the Union’s rules for other eligibility requirements. Nominations may be withdrawn up to, but not later than 5:00pm Thursday, 2 October 2014. Nomination forms are available from the AEC Returning Officer or from the union offices. The use of these forms is not compulsory provided that nominations comply with the rules. How to lodge nominations By post:

P.O. Box 496 Haymarket NSW 1240

By fax:

02 9375 6336

By hand:

Level 10/ 59 Goulburn Street Haymarket NSW 2000

By email:

A properly completed nomination form including all necessary signatures and attachments may be scanned and submitted as a pdf file to nswelections@aec.gov.au.

Note:

Emails larger than 6MB in size may not be accepted by the AEC’s firewall.

The ballot, if required, will open on Monday, 3 November 2014 and close at 5:00pm on Monday, 24 November 2014. An attendance ballot will be held on 19 and/or 20 November 2014 for all offices exclusive to the Tram and Bus Division only. Ballot papers for all other offices will be sent to Tram and Bus Division members by post. Changed address – if you have changed your address or other details please contact the union office with your new details.

RAIL & ROAD September 2014

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Developers, ICAC and Newcastle Rail The RTBU joined Hunter Valley commuters and community organisations in challenging the state government to reverse its decision to cut the heavy rail line into Newcastle. Rallies held in Maitland and Newcastle recently saw hundreds of concerned residents calling on the government to listen to them and questioning whether alleged developer donations had contributed to the government's decision. RTBU Branch Secretary Alex Claassens addressed the Maitland rally saying that “for many years now we have heard various developers lobbying for this very outcome. And now we see the Liberal government embroiled in an ICAC illegal donations scandal where it seems developers have illegally bankrolled the local Newcastle candidates into parliament. Just this week it was reported the Newcastle Local Mayor, as a developer, is also implicated. The whole thing has a terrible stench of developer interests at work to the detriment of the people of Hunter region.” The recent revelations out of ICAC have renewed the focus on the State Government’s plans for the Newcastle Rail line. The line, which is due to stop running into the Newcastle CBD from Boxing Day, has been the centre of controversy since the Transport Minister Gladys Berejiklian first announced the plan to truncate the line at Wickham – but the fallout from ICAC in the past weeks has turned the spotlight back on the process. The current ICAC investigation has found that two Hunter Liberal MPs were involved in electoral fraud, admitting to accepting thousands of dollars from banned political donors. Newcastle’s Lord Mayor, Jeff McCloy, has also stepped aside as a result of ICAC’s findings which alleged that he made payments of $10,000 each to the two MPs.

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The revelations and the MPs and Mayor’s subsequent resignations has raised further concerns about the motivation behind ripping up the rail line, particularly given that many parties, including the RTBU, have said from the very outset that the plan will benefit developers at the expense of the travelling public. NSW Opposition Leader John Robertson was reported in the Newcastle Herald as raising concerns around the connection between the decision to tear up the rail line and the recent ICAC developments. He said the decision to rip up the rail line has ‘‘a real cloud over its head’’ after the spectacular resignation of Liberal MPs for Newcastle and Charlestown, Tim Owen and Andrew Cornwell. ‘‘There are real questions in my mind and I’m sure the minds of many as to what the real motivations were of this government making this decision,’’ he said. Mr Robertson said the Labor opposition’s position on the heavy rail line was that ‘‘if it’s still able to be operated and we’re elected in March we’ll re-open the rail line’’. There are deep community concerns that this is a plan that benefits only property developers, who want access to the rail corridor. Community consultation on the removal of the rail line has not occurred and there has only been limited consultation on the route of the proposed light rail. Greens candidate for Maitland John Brown, Maitland Labor councillors Robert Aitchison and Ben Whiting, the Rail Tram and Bus Union and Labor candidate for Newcastle Tim Crakanthorp also spoke to the crowd. Cr Whiting, who was also representing Maitland Community Unions Alliance, said the government was wasting money ripping up the heavy rail only to pay to install light rail. He said Maitland City Council wanted the line retained. "We will not stand for this, it is not going to happen, we will keep fighting and keep pushing," he said.

RAIL & ROAD September 2014

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Branch Secretary Sleeps Out at The Vinnies Ceo Sleepout I just wanted to let you all know that on the night of Thursday 19 June, myself, other union leaders and over 1000 other business leaders again took part in the 9th annual Vinnies CEO Sleepout. I rugged up and bedded down with nothing more than a sheet of cardboard and a sleeping bag for warmth. While the experience only gave me a glimpse of what it is like to be homeless, it certainly was an eye opener. The morning after, I get to go home, jump into a hot shower and have a nice breakfast surrounded by friends and family that love me but sadly this is not the case for over 105,000 people who have nowhere to call home any day of the year. I learned that these people are not “the homeless” – they are just like you and me – mums, dads and even small children. I had to do something about it and I hope you will spare a thought and at some point do something about it. In the meantime a big thank you from me for your donations, I actually raised $3,600 so I'm sure it will make a difference. The 2014 CEO SleepOut raised over $2 million dollars in NSW and almost $6million nationally. Last year Vinnies in NSW spent $2.1m • Supporting Our Lady of the Way refuge for older, female victims of family violence in the Western Sydney area, providing running costs of seven crisis and two transitional beds • Continuing support of The Matthew Talbot Food program, serving three hot nutritious meals to over 500 men every day from our largest service in Woolloomooloo. We aim to reduce the street mortality rate

by maintaining a standard of health for people experiencing homelessness. The program cannot survive on donated ingredients alone and relies on funds raised through the Vinnies CEO Sleepout to continue its important work. • Extension of the Ozanam Learning Centre learning model to services in Wagga Wagga and Armidale. • Providing support to regions outside the metropolitan area to support their work with people experiencing homelessness in local communities.

One thing that did strike me, and the reason why I am doing all of this, was the fact that there is one group of people out there that can help these people and that is politicians. Politicians have the ability to put legislation in place and make changes to things as simple as making sure they arrange for local housing, or even more simple opening up amenities blocks. Politicians can also place people in TAFE colleges and arrange for training and hostels, let’s make them accountable. Alex Claassens, Branch Secretary

• Ongoing support of for outreach services to assist clients in the community including counselling and material aid packages for families experiencing homelessness. My thoughts As I participated on my third CEO Sleep Out I still struggle to understand why there is not more done to help these people surely in Australia we have the resources to do something. To go along to this event on a Thursday night in winter is always an eye opener. Again there were several really good stories told to us by people who have experienced homelessness.

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Support Person Obliged to Maintain Confidentiality: FWC A new Fair Work Commission decision highlights that employers should tell workers who support colleagues during disciplinary investigations that the processes must remain confidential. Fair Work Commissioner David Gregory ruled that a company acted harshly when it issued a final written warning to a long-serving union delegate after he forwarded an email containing information about an internal investigation. He said the employee had gone well beyond the role of a support person and instead took on a role that is much more akin to that of a union site delegate. "If nothing else it is suggested that in the future he needs to be more aware of the differences between these roles, and the appropriate behaviour expected in each case," he said.

Commissioner Gregory said support people need to understand that investigations into another employee's work performance or behaviour "are private matters between the parties, and the confidentiality of those processes should be respected at all times". While upholding the company's argument that the employee breached its confidentiality policies when he emailed information about the disciplinary investigation to the union and others in his work group, Commissioner Gregory said the company should have provided him better information on confidentiality. He said the employee was "genuinely surprised" that his email would be perceived as a breach of confidentiality and had told his employer that he "would not have acted in this way if he was aware this was the case".

Commissioner Gregory said while the email didn't contain any commercial-in-confidence information, it was inappropriate for the employee to have forwarded it to people not directly involved in the investigation. In determining an appropriate response, Commissioner Gregory said that the company's disciplinary policies meant management had other options available that fell short of a final written warning. The warning, Commissioner Gregory said, should refer specifically to the fact that, as a support person, he had "inappropriately distributed material related to that process, and any repetition of that behaviour could result in more serious action being taken".

Our Transport The RTBU has joined forces with seven other transport unions to launch the Our Transport campaign calling for a public transport system that is safe, reliable, clean and affordable. You can check it out at www.ourtransport.org.au

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RAIL & ROAD September 2014

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Eminent Australians Speak Out on Detaining Refugee Children Five prominent Australian’s across the spectrum of children and child rights, human rights law, national and international policy and child health and wellbeing, discussed the impact of Australia’s immigration policy on children in Melbourne in late August. In the wake of the announcement of a class action against the Department of Immigration and the Minister, the horrifying evidence given at the Australian Human Rights Commission’s inquiry into children in immigration detention and mounting allegations of serious breaches of the Australian Government’s duty of care to children being held in immigration detention, a panel of experts put the case for children. Joining Former Chief Justice of the Family Court of Australia and Chair of Children’s Rights International, the Hon. Alastair Nicholson will be Professor of Developmental Psychiatry and Director of the Monash University Centre for Developmental Psychiatry and Psychology Louise Newman; CEO of the Refugee Council of Australia Paul Power, Katie Robertson lawyer with Maurice Blackburn and, UNICEF Australia Chief Executive Officer Norman Gillespie. Chair of the panel, the Hon Alastair Nicholson said the ongoing debate around refugees was now seen through a filter that coloured our attitude to refugees and beyond that, to a wider range of vulnerable members of the worldwide and local community. “I’m horrified and disgusted by the current government’s treatment of refugee children,” Hon Mr Nicholson said. “We wouldn’t treat our own children like this – how can we sanction it for other people’s children?” Mr Nicholson said Australia had to look long and hard at how our record of activity, or inactivity would be held up for scrutiny by future generations. “One only has to look back to the stolen generation or the abuse of children in religious and sometimes secular institutions to see the parallels,” Prof Nicholson said. Prof Newman said, “The detention of infants and children diminishes us all. There is a body of evidence of the harm caused to the young in harsh, depriving and traumatizing environments where children are exposed to frightening and overwhelming experiences. Detention cannot offer children any sense of safety or future.The insistence of both major political parties on policies of deterrence in the face of the knowledge of the harm this causes is morally bankrupt and cannot be justified. Increasing numbers of the general community are expressing concern about this and feel that Australia can do better.” Katie Robertson, lawyer from Maurice Blackburn who are conducting the class action against Minister Morrison

and The department of Immigration and Border Protection said, “The lead applicant in our class action is a 6 year old girl who has been in detention on Christmas Island for over one year, known as AS. In this time she has suffered from ongoing physical illnesses, but perhaps more concerning is her current mental state. She is suffering from posttraumatic stress disorder and is an extremely anxious child. AS is one of numerous children I met on Christmas Island who are suffering as a result of being detained on Christmas Island. The Migration Act, reflecting the Convention on the Rights of the Child, says that children will only be detained as a measure of last resort – there is simply no legal or moral justification for continuing to detain children on Christmas Island.” Dr Norman Gillespie, Chief Executive of UNICEF Australia said, “as the Australian public begins to understand the serious and sustained negative impacts that detention is having on children, opposition is growing to a policy which contravenes Australia’s obligations under the Convention on the Rights of the Child.” “No one can countenance children drowning at sea. Yet neither can we let children who have come to Australia seeking asylum be denied their fundamental rights to safety and protection, education and healthcare”, concluded Dr Gilespie.

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Signs on cars, notes on email responses are all industrial action: FWC Adding campaign material to company correspondence, answering customer inquiries with automated messages about bargaining, and placing slogans on company cars are all valid forms of industrial action, the Fair Work Commission has ruled. Commissioner Michelle Bissett recently rejected • Write messages on Lend Lease or Coliban Water arguments by Lend Lease that a range of actions the ASU company cars "representing the concerns of Lend was seeking to have endorsed in a protected action ballot Lease staff" about the bargaining process. by its members at Victorian water authority Coliban Commissioner Bissett, however, found all the action Water were not protected under the Fair Work Act. proposed was "industrial action" under s19 of the Fair Lend Lease objected to the ASU's proposal to: Work Act. • Attach union and industrial campaign-related material Rejecting Lend Lease's complaint that traditional mail or to outgoing mail or email, and add it to Lend Lease email was its property and it did not want to "subsidise" materials and displays; the union's campaign, Commissioner Bissett said the company provided no authority for its position, and it • Wear and distribute material such as t-shirts, badges, was "inevitably the case that employees will, in some written communications and stickers in support of the way, use the property of the employer in taking industrial proposed agreement; action". • Not respond to non-emergency emails or voice mail The Commissioner also said placing a slogan on a car messages until after 1pm each day, with customers "may well fall within the rubric of 'the condition under before then to receive an automatic message that: "I which work is performed' such that the action may be am currently undertaking industrial action because considered to be industrial action within the meaning of I believe staff should be treated with respect and the Act". decency at work. Because of this I will not be responding to emails [or phone calls] until after 1pm. The commissioner said s415 made it clear that the If you have any concerns or comments please contact immunity provisions granted to protected industrial [or call] Lend Lease Contract Manager Malcolm action did not extend to wilful or reckless destruction of, Anderson"; and or damage to, property.

Join the RTBU Retired Members Association

For more information, contact Don McKechnie on 0409 813 643 or the union office on (02) 9264 2511 RAIL & ROAD September 2014

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www.rtbuexpress.com.au Page 17


Find out why your teeth really are your best friends A lot of people have grown up with the idea that anyone beyond a certain age kept their teeth in a glass on the nightstand! These days, thanks to better dental care, technology, nutrition and education, most Australians enjoy better dental health than ever before. And most of us can expect to reach old age with a full set of our own chompers, provided we take good care of them. Anyone who has ever experienced dental problems knows what a misery it can be. Pain, missing teeth or infections can influence the way a person speaks, eats and socialises, and can affect a person’s physical, mental and social wellbeing. Beyond this, research has also discovered strong links between the health of our mouths and our general health. Oral health is no longer just about healthy teeth and gums, but about having good overall health. The state of our dental health can reveal signs of disease, drug use, physical abuse, harmful habits or addictions such as smoking and alcohol abuse, and poor diet. And oral diseases share common risk factors with the four leading chronic diseases: cardiovascular diseases, cancer, chronic respiratory diseases and diabetes.

The good news is that it’s pretty easy to take care of your teeth and gums, and by following some simple oral health routines at different stages throughout your life, you can do a lot to prevent oral diseases and related issues.

According to the Australian Dental Association, these simple steps are the keys to overall dental health: • Brush your teeth and along the gum line twice a day with a soft brush. • Fluoride mouthwash can be effective in reducing decay. Speak with your oral health professional about whether this is appropriate for you.

Things to focus on: • Drinking plenty of tap water. • Limiting sugary foods and drinks, and choosing healthy snacks, such as fruits and vegetables. • Quitting smoking to improve oral and general health. You can ask your oral health professional about quitting. • Wearing a mouthguard for all sports where there is a reasonable risk of a mouth injury. This includes football, rugby, martial arts, boxing, hockey, basketball, netball, baseball, softball, squash, soccer, BMX bike riding, skateboarding, in-line skating, trampolining, cricket (wicket keeping), water skiing and snow ski racing.

Everyone has different oral health needs, which should be reflected in the frequency of check-ups.

Talk with your oral health professional about your risk level and how frequently you need to visit for an oral health check.

• Chewing sugar-free gum can reduce dental decay. • Children over eighteen months of age should use an appropriate fluoride toothpaste. • Children should have an oral health assessment when their first tooth becomes visible or by the time they are 12 months old.

Don’t forget to ask about our NO GAP preventative dental check up for RTBU health plan members.

Call to book next appointm your our new Surr ent at yH dental centreills

13 0 0 9 91 0 4 4


The 50 Year Anniversary of Port Kembla Locomotive Depot and Reunion A Little History of How Port Kembla Locomotive Diesel Depot Came To Be

Late in 2013 at a gathering of retired Loco Drivers, discussion turned to the fact that , the old Port Kembla Locomotive Depot in 2014 would be turning 50, and it was decided that it was only fit that a celebration was in order. This information was conveyed to Mr Bob Hayden, Secretary Locomotive Division, and Mr Alex Claassens, Secretary New South Wales Branch of the R.T.B.U., and they agreed that this celebration should happen, and offered their assistance. The 50th Anniversary Port Kembla Loco and Reunion was held on the 21st of June,at the Illawarra Leagues Club, at a cost of $10.00 per head which covered the cost of food and tickets for raffles and lucky door prize. The raffles consisted of five framed posters of 150Year Of Rail and Rail Union History donated by the Rail Tram and Bus Union, as well a 750mil bottle of Teachers for the lucky door prize, as well as a DVD of Steam Locomotives donated by Greg Price. A total 86 attended the reunion, some had travelled from as far as Goulburn, Junee, Cootamundra and Kempsey many old memories, stories and reminiscing and a great time had by all As you can appreciate this kind of Reunion takes a lot of time and effort to organise, the challenge was to get in contact with drivers who were retired some 10 to 15 years or so The organisers would like to acknowledge the assistance of Alex Claassens, Bob Hayden and Ian Wyllie who put a flyer together with all the relevant information and sent it out to all Freight Depots, John Aquilina and his wife Connie, who answered many phone calls and relayed information when required, Greg Price for manning the door at the function collecting the money and making sure that everyone had a ticket for the raffle and lucky door prize.

Port Kembla Diesel Locomotive Depot was opened on the 1/1/1964. The depot replaced the former steam facility at Reid’s Hill (Port Kembla), taken over from the Public Work Department on the 1/1/1949. The P.W.D had been responsible since the early 1900s for construction and maintenance of the Eastern Breakwater at Port Kembla “harbour” Reid’s Hill was finally vacated by the N.W.G.R. on the 22/2/1964 with the final transfer of contents into the new depot. Reid’s Hill was then handed back to the P.W.D. and has since been demolished Diesel hydraulic 7003 was the first of ten seventy class locomotives at Port Kembla, this type of locomotive were mainly used to service the Port Jetties the general network and to transfer loaded steel wagons from AIS Cringila to the shunting yards at Port Kembla With the opening of Port Kembla Locomotive Depot, Thirroul Steam Depot was to close, although the facilities including the turntable were retained for several years before being demolished. Thirroul continued to be used as a sign on point for Train Crews and for some servicing and turning of steam Locomotives until total dieselisation of the Illawarra South Coast Line was achieved later that year Port Kembla (Loco) Maintenance is now used by private enterprise to fuel and maintain Diesel Locomitives.

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Elvis, Your Union and Access to Justice In 1969 Elvis Presley had great success with a song titled “In the Ghetto”. The reference to the Ghetto was a classic reference to chronically underprivileged communities and, in particular, an African American Ghetto in Chicago. This song, over a few minutes, tells the tragic tale: “A poor little baby child was born in the Ghetto and that child is another hungry mouth to feed in the Ghetto.” This song was telling a story but it was also a clarion cry for help and, in many ways, a protest. Elvis sang: “People, don’t you understand the child needs a helping hand. He will grow to be an angry young man some day. Take a look at you and me are you too blind to see, do we simply turn our heads.” Your Union, in its own right and as a member of the peak industrial organisations to which it is affiliated, does not simply “turn its head”. Your Union, takes positions on matters involving social justice, equity and access to justice and that is not simply limited to the rights of employees. In terms of the issues, Elvis is bringing to attention, we here in Australia need to be mindful of what Elvis is speaking of, namely access to justice. We face a significant challenge to support our fellow Australians who are Aboriginal or Torres Strait Islanders. That challenge is the

grossly disproportionate incarceration rights of male and female indigenous people. They are not getting access to justice. Statistics suggest that whilst the Aboriginal people represent only 3% of the total population, more than 28% of the Australian prison population are Aboriginal. The statistics are not improving, they are getting worse. Whilst there are some variations on a State by State basis, there is no State where the percentage of Aboriginals as part of the total prison population is aligned with the percentage of Aboriginals and the white population. Elvis sang about what can happen when people look the other way. “… a hungry little boy with a runny nose plays in the street as a cold wind blows in the Ghetto And his hunger burns.” The boy turns into a man and “learns how to steal” and “he learns how to fight”. All this happening in the Ghetto. Lives can be ruined by lack of support, lost hope and exclusion, this is key aspect of a denial of access to justice. This now young man “… buys a gun, steals a car, tries to run but he don’t get far”.

Pink too in her song “Dear Mr President” released in 2006 was also singing about social injustice and access to justice. Pink was directing her song to President George W Bush and in part she sang of “What do you feel when you see all the homeless on the street? Who do you pray for at night before you go to sleep?” Further she sang “How do you dream when a mother has no chance to say goodbye? How can you say no child is left behind? We’re not dumb and we’re not blind, they’re all sitting in your cells while you pave the road to hell”. Your Union takes an interest in social justice issues and we all need to ensure that we do not look the other way. “And his momma cries.”

DID YOU KNOW Encompass offers an exclusive package for RTBU Members? The RTBU home loan package gives you the flexibility of tailoring your loan to suit your needs. You can enjoy special rate reductions on home loans, car loans, personal loans and credit cards plus no establishment fees, free redraw and much more! For more information visit www.encompasscu.com.au/rtbu or talk to our home lending specialists on 13 13 61 and find the home loan that is right for you! Must be a member of both Encompass Credit Union and the Rail, Tram and Bus Union to be eligible for benefits. Fees, charges, terms, conditions and credit criteria apply. Rate Reductions and No Establishment Fee offer are not to be used in conjunction with any other offers. Visit www.encompasscu.com.au for full details. Encompass Credit Union Limited. ABN 43 087 650 011. AFSL and Australian Credit Licence Number 238 426. Registered Office: 59 Buckingham Street Surry Hills NSW 2010.

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Abbott Government to create underclass of workers Unions have attacked the Federal Government’s move to help employers import guest workers in the Northern Territory under new designated area migration agreements. “Unemployment is at a 12 year high, job seekers are being targeted in the budget and told to ‘Earn or Learn’ – yet the Abbott Government has ripped one billion dollars out of skills and training and is now making it easier for employers to bring in cheap, foreign workers,” said ACTU President Ged Kearney. Under the new agreements, the Government is making it easier for businesses to bring in lower skilled workers without them having to meet language, training or minimum salary requirements. “This creates an underclass of workers and shows quite clearly that the Government has no plan for jobs. The only plan they have is to export Australian jobs and import labour. “The Federal Government should be tightening up regulations and

requirements on employers to import labour, rather than make it easier for them not to employ local labour first. “The Northern Territory unemployment rate has jumped nearly a full percentage point in just 3 months since April 2014 and in that same time more than a 1000 Territorians have joined the ranks of the unemployed - there are now 6 600 people out of work in the NT,” said Ms Kearney. National unemployment has hit a 12 year high of 6.4% and youth unemployment is at 13.8%. "Australia is a nation of migration, but this Government is rorting the system to allow business to walk away from their responsibility to train and skill up Australian workers, and to try to drive down wages and conditions," Ms Kearney said. “We’ve seen in the past that many employers use skilled migration programs to take advantages of immigrants who don’t know enough about our workplace laws, and

who are looking to make money to sustain their families overseas. “If overseas workers don’t even have to meet training and English requirements they risk exploitation and exposure to health and safety issues for themselves and their fellow employees." The ACTU has strongly opposed the opening up of labour programs where business are not required to genuinely try to find local workers. “Australia's migration program should not be at the beck and call of big business," Ms. Kearney said.

UK union reps heading down under Representatives of the UK train drivers’ union, ASLEF, are coming to visit. ASLEF General Secretary Mick Whelan and Executive Committee Member Dave Calfe have accepted an invite to the Loco Division’s next Divisional Council meeting being held in October. Loco Division Secretary Bob Hayden said the visit an exciting opportunity to share ideas with our UK counterparts. “This is the first time the leaders of the UK train drivers’ union have come to Australia,” Bob Hayden said. “It’s always good to share ideas with comrades from other parts of the world. We know that we often experience similar issues in terms of companies and governments attempting to cut corners at the expense of workers and the travelling public. It will be a good

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opportunity to discuss what unions around the world are doing to help protect members’ rights. “The UK union movement is historically strong and the train drivers in the UK have seen a lot in terms of union action over the decades. Having the ASLEF representatives at our executive meeting will be a good way to share stories of our respective histories and discuss the best approaches going forward.” The UK delegates will attend the Loco Division executive meeting after they head to New Zealand to attend the RMTU (the NZ equivalent of the RTBU) Conference. Two representatives of the Loco Division have also been invited to attend the RMTU conference.

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Social media policies impinging on privacy, freedom of expression Social media has disrupted the distinction between employees' work and private lives, yet the social media policies of many Australian organisations don’t take privacy and freedom of expression into account, according to a leading academic. Macquarie University Associate Professor Louise Thornthwaite told the 22nd Annual Labour Law Conference in Sydney in August that there was "very little consideration given to date" on whether the social media policies developed by employers and law firms interfered with employees' privacy and freedom of expression expectations. She said policies commonly included clauses that "basically curtail the freedom of employees to talk about work and working conditions and their employment relationship in their personal time, even in off-duty and personal social media forums". Thornwaite gave as an example two policy clauses, which she said were "pretty common". One states that: "while it is fine for [employees] to disagree .... please don't use your

external blog or other online social media to air your differences in an inappropriate manner". The second states that: "In their personal use of social media, employees, volunteers or supporters who do not identify themselves as affliated are still counted as representing the organisation and must comply with [the organisation's ] ethics and guiding principles for social media use". Thornwaite said individuals in Australia largely had an expectation of privacy, and they behaved according to that expectation. However, there was limited privacy regulation in Australia, and it was mainly concerned with regulating control of information. This contrasted with a number of other countries, where the right to privacy was based on dignity and

the requirement for people to be able to build relationships. She said privacy and freedom of expression issues had consequently found their way into employment court and tribunal decisions overseas to a greater extent than in Australia. Thornwaite said she was not "suggesting for one moment" that cases where employees had been sacked for offensive behavior on social media had been wrongly decided. And, she noted that the Fair Work Commission and its predecessor had made some rulings protecting privacy and freedom of expression. However, she continued that there were "issues that need to be discussed" in Australia when it came to regulating employees' social media use.

Have You Left the Industry? Retired? Or No Longer Want to be in the Union? Please note: Regardless of whether your union dues were paid by direct debit or through payroll deductions, the employer is not authorised to change your membership details after resignation or leaving the union. You must do this personally. Please contact the membership office at the union for more information.

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If you have left the industry, permanently or for a period, have retired, or are off work due to illness, or no longer want to be a member of the RTBU, you must resign, or suspend your union membership, in writing. Our union rules provide that members leaving the union for whatever reason, must do so in writing. If you do not resign in writing, you will continue to be included on our union membership and liable for the dues owing for that time.

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RTBU Holiday Park at Jervis Bay RTBU Members can also take advantage of the United Services Union’s Aquatic Resort at Port Macquarie The RTBU and USU have a reciprocal arrangement where members of each union can book holidays at the two locations, at member discounted rates. The USU owns the Aquatic holiday resort, in a glorious location on the Hastings River at Port Macquarie on the north coast of New South Wales. The resort consists of a Motel and a Caravan Park. Stay in comfort at the holiday resort and enjoy great discounts and great style while relaxing in what many say is the best climate in Australia. No matter what type of holiday you are after your needs are covered. Lots to do any time of the year! There are a lot of attractions in the area for you and your family – have a great game of Putt-Putt golf or try Jet boating, Parra Sailing, Waterslides, Wave Bowling & Lawn Bowls which are all within walking distance. And don’t forget the fishing!Please note – there are no tent sites at the Port Macquarie Caravan Park. You can contact the motel or caravan park by calling the Comfort Inn Aquatic Motel on 02 6583 7388 or the Aquatic Palms Caravan Park on 02 6584 9155 or check the website at www.aquaticinport.com.au You can also call the United Services Union’s Head Office on 02 9265 8211 for more information. Members must provide proof of identity plus their RTBU membership card at the time of arrival at Jervis Bay or Port Macquarie United Services Union or full rates will apply.

Located in the Booderee National Park, the RTBU Holiday Park at Jervis Bay, is just a 3 hour drive south from Sydney, but a world away… Each of the 14 self-contained units sleep up to a maximum of 6 people and rates are based on a family of 2 adults and 4 children. Other rates are available, however all units only have the capacity to sleep 6 people. Units have a double bed, two single beds and a set of double bunks. You will need to bring your own sheets as only mattress protectors, quilts and pillows are supplied. The units contain a digital television, an oven, microwave, fridge, crockery, cutlery, glassware, pots and pans as well as basic cooking utensils. Make sure you come prepared as the closest grocery shop is in Vincentia, a 30 minute drive away. The RTBU Holiday Park facilities available to all guests include a Boat Ramp, Undercover Bar-B-Q area with seating, Tennis Court and a Coin Operated Laundry. There are various swimming spots to enjoy and natural areas to explore, suitable for all the family. Kangaroos, possums, wallabies, kookaburras, bandicoots, echidnas and rosellas visit the grounds of the Holiday Park daily. Enjoy fishing for whiting, flathead and bream from the calm shores or take a quick walk to experience beach fishing for tailor and salmon on the pristine Bherwerre Beach. The boat ramp allows direct access via the Sussex Inlet Channel to St Georges Basin or outside into the famous fishing grounds of Jervis Bay. Bookings can be made by telephoning the RTBU Office on (02) 9264 2511.

Booderee National Park & Bherwerre Beach

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RAIL & ROAD September 2014

In the Dhurga language, Booderee means “Bay of Plenty” and the area is the home to the people of Wreck Bay. The Booderee National Park has the only Aboriginal owned Botanic Garden in Australia. The gardens are well known for providing a centre for interpreting plants used by the local aboriginal people. The Park is also home to 200 species of birds, over 30 different native mammals including 10 species of bats, 37 reptiles, 17 amphibians and at least 180 species of fish. The White-Bellied Sea Eagle is a special bird at Booderee as it is the guardian of the Koori people of Wreck Bay and features on the Booderee National Park logo. This spectacular eagle has a white head, rump and underparts, dark or slate grey back and wings. It has an awe-inspiring wingspan of up to 2.2 metres. Within the Booderee National Park you will find beautiful white sandy beaches at Green Patch, Murrays, Steamers, Caves and Bherwerre. Bherwerre is home to some of the Boderee National Parks rarer seabirds. Pods of Bottle-nose dolphins are often spotted playing in the waves at the Sussex Inlet Entrance and Humpback whales have been known to enter the protected areas close to shore.

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Direction to work extra hours ruled unlawful and unreasonable The Fair Work Commission has ruled that a company's requirement for an employee to work additional unpaid hours and make himself available on- call was neither lawful nor reasonable. The company (Hazeldene Chickens) sacked the employee in February after he wanted to continue negotiations over a new on-call requirement put in place following his refusal to respond to calls during three weeks' leave in late 2013. After receiving advice from the company's HR department that the employee was not required to respond to calls while on leave, the company’s technical services manager emailed staff to advise them their contracts would be varied to require them to work 1,976 ordinary hours with an additional 364 hours attracting no additional payment. The new contracts provided employees with time off in lieu for hours worked above 2,340 and created a new roster requiring them to be on-call 13 weeks a year in return for a payment of $77 per week. Deputy President Anne Gooley said the company had no legal right to compel the employee to accept significantly changed terms of employment. Deputy President Gooley said there was a marked difference between an employee being required to work reasonably additional hours and being compelled to be on an on-call roster. The deputy president said despite the employee's existing contract not requiring him to answer calls outside work hours, he had been asked, after starting work with the

company, to include his personal mobile number on a contact list and had regularly answered calls outside normal hours. He had only refused to answer calls during his annual leave period and only then because he was given no indication that they required an urgent response. "Employees are entitled to annual leave without interruption," Deputy President Gooley said. She said that the company, having been advised it could not require the employee to work while on annual leave, tried instead to compel him to vary his contract. The company, she said, proposed a new employment contract which "went significantly beyond codifying" his existing terms and conditions to require changes to his hours of work, the removal of his annual leave loading and his participation in the on-call roster. "The direction to agree to these terms was not a lawful or even reasonable direction," she said, noting that it was irrelevant that other employees had agreed to the new conditions. The only thing that the company could require him to do, Deputy President Gooley said, was comply with his current contract and there was no evidence that he had not or was unwilling to do so. She said the employee's resistance to the changes to his terms and conditions was not evidence of a breakdown in the employment relationship.

Station HUBs Station staff members are aware of the push to bring in HUBS (formally PODs). However it appears that the decision to implement these HUBs does not comply with the Work, Health and Safety (WHS) legislation. Under the legislation station staff, impacted by the proposed workplace change, are to be consulted and directly involved in carrying out the mandatory risk assessment(s). This may be done by using the station staffs’ nominated and/or constitutionally elected Health and Safety Representative(s). However, as Sydney Trains Customer Service Directorate does not have properly constituted and elected HSRs, any and all workplace risk assessments can only be done using station staff nominated and elected representatives. Employees should be represented by an employee(s) of the same grade and classification, employees of other grades are not legally able to carry out risk assessments or sign off on your behalf unless you agree.

agreed work groups, HSR structures and a briefing power point presentation that will be rolled out next month. We are also, as part of these negotiations, setting the parameters for WHS compliant elections for HSRs for each workgroup.

Management continue to use the previous WHS structures and HSRs that do not, and have been found by WorkCover not to comply with the new WHS Act and therefore cannot be used.

Any attempt to install HUBs or force a dangerous change in your workplace environment should only occur when the new and WHS compliant HSRs and work groups are in place and risk assessments have been carried out and found that it is safe to do so. If members are aware of any change they should contact your RTBU Delegate or the RTBU office.

RTBU Delegates are continuing to negotiate with Sydney Trains and are close to completing properly constituted and

Until this process has been completed any trials and/or risk assessments will need to be negotiated with the specific RTBU Sub-Divisions, CSA Subdivision and Salaried Division. Furthermore, management have been running a “trial” at Circular Quay and the RTBU has been requesting the data from this “trial” but management has not been provided any information on the trial. Therefore any further trials will require a proper WHS compliant risk assessment conducted, ensuring that at least minimum WHS standards are applied and that safety is not downgraded and/or current controls are not removed.

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Concise Financial Report

For Year Ended 31 December 2013

The Committee of Management of the Australian Rail, Tram and Bus Industry Union, New South Wales Branch (Federal Organisation), and The Australian Rail, Tram and Bus Industry Union, New South Wales (State Organisation) has resolved to provide a concise financial report to members for the financial year ended 31 December 2013, in accordance with the Fair Work (Registered Organisations) act 2009. A copy of the full report and auditor’s report is available on the RTBU website. The following summary is provided for the general information of members.

AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES BRANCH AND

THE AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES STATEMENT OF COMPREHENSIVE INCOME For the Year Ended 31st December 2013 General Fund

2013 $

2012 $

INCOME Members Contributions Interest Received Rent Received Grants and/or Donations Net Gains on Sale of Assets Other Income TOTAL INCOME

6,842,050 62,689 215,287 69,135 7,189,161

6,872,430 227,306 197,059 38,457 26,182 33,647 7,395,081

EXPENSES Employee Expenses Capitation Fee paid to National Office Affiliation Fees Administrations Expenses Grants or Donations Depreciation and Amortisation Legal Costs Audit Fees Net Losses from Sale of Asset Net Losses from Transfer of Redfern Property Other Expenses TOTAL EXPENSES

2,683,300 901,801 205,755 1,045,364 17,620 223,022 214,590 53,709 5,425 2,602,742 1,141,886 9,095,214

3,551,590 885,135 184,059 939,195 13,000 283,353 136,852 59,480 1,156,466 7,209,130

PROFIT/(LOSS) FOR THE YEAR

(1,906,053)

185,951

OTHER COMPREHENSIVE INCOME Loss on revaluation of land & buildings TOTAL COMPREHENSIVE INCOME FOR THE YEAR

(253,056) (2,159,109)

185,951

RAIL & ROAD September 2014

Page 25


AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES BRANCH AND

THE AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES STATEMENT OF COMPREHENSIVE INCOME For the Year Ended 31st December 2013

RTBU Holiday Park, Jervis Bay

2013 $

2012 $

INCOME Rent Received – Caravans Rent Received – Units TOTAL INCOME

75,606 161,905 237,511

94,093 123,702 217,795

EXPENSES Depreciation Administration Expenses Other Expenses TOTAL EXPENSES

41,233 196,591 25,314 263,138

51,896 190,888 19,386 262,170

PROFIT/(LOSS) FOR THE YEAR

(25,627)

(44,375)

OTHER COMPREHENSIVE INCOME TOTAL COMPREHENSIVE INCOME FOR THE YEAR

(25,627)

(44,375)

Legal Fund

2013 $

2012 $

INCOME Interest Legal Levy Received TOTAL INCOME

9,537 424,944 434,481

1,180 212,473 213,653

EXPENSES Bank Charges Wages and Salary – Employees Other than Officeholders Legal Expenses TOTAL EXPENSES

29 66,894 44,450 111,373

293 45,622 40,073 85,988

NET INCOME

(25,627)

127,665

OTHER COMPREHENSIVE INCOME TOTAL COMPREHENSIVE INCOME FOR THE YEAR

323,108

127,665

Page 26 RAIL & ROAD September 2014


AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES BRANCH AND

THE AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES Statement of Financial Position For the Year Ended 31st December 2013

2013 $

2012 $

8,713,044 265,107 27,301 112,389 9,117,841

7,682,802 255,183 169,129 8,107,114

NON-CURRENT ASSETS Financial Assets Property Investment Property Plant & Equipment Motor Vehicles Sussex Inlet Property & Equipment TOTAL NON-CURRENT ASSETS TOTAL ASSETS

1,236 4,090,000 3,200,000 211,713 165,529 953,518 8,621,996 17,739,837

1,236 6,587,686 3,560,429 223,501 140,191 992,296 11,505,339 19,612,453

CURRENT LIABILITIES Accounts Payable Provisions TOTAL CURRENT LIABILITIES TOTAL LIABILITIES NET ASSETS

816,835 584,314 1,401,149 1,401,149 16,338,688

588,260 1,031,488 1,619,748 1,619,748 17,992,705

ACCUMULATED FUNDS Reserves Accumulated Surplus ACCUMULATED FUNDS

522,752 15,815,936 16,338,688

3,378,550 14,614,155 17,992,705

CURRENT ASSETS Cash and Cash Equivalents Receivables Promotional Items on Hand Other TOTAL CURRENT ASSETS

RAIL & ROAD September 2014

Page 27


AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES BRANCH AND

THE AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES STATEMENT OF CASH FLOWS For the Year Ended 31st December 2013

This Year Inflows (Outflows) CASH FLOW FROM OPERATING ACTIVITIES Receipts from Members Payments to Suppliers and Employees Interest Received Rent Received Receipts – Other Net Cash Provided by (Used in) Operating Activities CASH FLOW FROM INVESTING ACITIVITIES Payment for Assets Net Cash Provided by (Used in) Investing Activities Net Increase (Decrease) in Cash Held Cash at beginning of the Year Cash at the End of Year

Last Year Inflows (Outflows)

7,655,439 (7,066,038) 188,345 452,798 69,136 1,299,680

7,414,277 (7,075,112) 382,952 414,855 71,973 1,208,945

(269,438) (258,588)

(177,255) (177,255)

1,030,242 7,682,802 8,713,044

1,031,690 6,651,112 7,682,802

Page 28 RAIL & ROAD September 2014


Whistlestop 160 years Experience Farewelled at the Dapto Bowlo Four long-term railway workers were farewelled by friends, family and co-workers at the Dapto Bowling Club recently. Drivers Phillip Lawson, Antonius “Tony” Arntz, Brian Suckley and guard Peter Rodden have all recently retired from the railways, taking with them a collective 160 years experience. Phillip Lawson Phillip Lawson joined the NSW Government Railways as a Trainee Engineman at Port Kembla Locomotive Depot in 1966, not long after which he won the Golden Award for having the best knowledge of Safe Working in the State of NSW Railways. In 1969 he transferred to Wollongong and worked as a fireman and then Acting Driver on the passenger services Wollongong, Sydney, Nowra before transferring to ESR Suburban ETR Mortdale depot in 1978. In 1981 Phillip transferred to Wollongong City Interurban Depot where he remained till he retired on the 8th July 2014. Phillip was presented with a plaque from the RTBU at the Dapto retirement event for recognition of 48 years of union membership. Tony Arntz Tony joined the NSW Government Railways in March 1974 at Port Kembla Locomotive Depot as a Trainee Engineman. He stayed there until 1979 working in a range of roles including as a Shed Fireman’s mate, and later as Shed Fireman and also the occasional stint working Freight trains to Enfield, Nowra Moss Vale and Goulburn In July 1979 Tony transferred to Mortdale ETR Driver on City Rail Suburban Network. He transferred to Wollongong City Interurban Depot in 1982 where he became a union activist. Tony was never shy when it came to informing managers that they were not compliant to their own policies or procedures, especially when it came to environment issues and train running costs. Tony retired in July 2014 and was presented with a plaque from the RTBU in recognition for 40 years of membership. Brian Suckley Brian first joined the NSW Government Railway as

RAIL & ROAD September 2014

Trainee Engineman at Binnaway. In 1982 he was appointed Acting Driver and shortly after Freight Rail had made the decision that there would not be any Driver Appointments at Binnaway as it was due to close down. In 1987 he transferred to Port Kembla Loco Depot for a promotion to Class 5 Driver. While at Pt Kembla he worked general trains to Enfield, Moss Vale, Goulburn and Nowra. In 1995 he transferred to Waterfall Depot ETR Suburban Services where he stayed until 2001, when he moved to Wollongong City Interurban Depot. It was there he become known as the quiet achiever. He was also a union activist and one could call on him to clarify issues regarding OMET or minim standards in regards to train working. In May 2014 Brian ceased his love of driving trains due to illness and retired due to a medical condition. Brian was presented with a plaque from RTBU in recognition for 35 years of union membership. The RTBU wishes all four workers a safe and enjoyable retirement and thanks them for their many years dedication to the railways.

L to R: Tony Arntz, Brian Suckley, RTBU rep John Aquilina, and Phillip Lawson.

Page 29


RIP Neal O'Connor Family, friends and work colleagues recently saw off Neal O’Connor at a touching service at Leumeah. Perhaps the best summary of this man that was obviously much loved, is provided in the service “To those who knew him, no explanation is necessary. To those who did not know him, no explanation is possible”. We would like to share the following sentiments, and offer our sincere condolences to Neal’s family at this time. Neal ‘Woofa’ O’Connor started his railway life as a trainee engineman at Bathurst in 1965 and spent his driving years also at Enfield and from 2003 at Flemington ETR. Woofa was a stalwart of Enfield Railway Rugby League team in its final years and loved to play it hard and party hard as well. We remember what life as an engineman was in those bygone years and Woofa was in amongst all of it and was well entrenched in the social side of the job at work and outside of work and was in amongst the ‘Cheso’ mob from Delec. Like a lot of engineman from those days Woofa was proud to be a train driver that covered all the eras, Steam in his Heart and Diesel in his Blood. He liked nothing better than telling stories about the past over a few schooners with his old work mates or with the new drivers who wanted to listen to an old hand tell how it was or a laugh about some of his, or others, misfortunes or light hearted times on the job. Woofa would comment on how railway people seemed to be different to other people, there was a bond and a sort of strange sense of humour, being able to give it and take it back, all with a grin and a laugh. A union man from AFULE to the present era he wouldn’t stand any of the knockers and would give it back to them with both barrels and a sharp history lesson on what they have now and how they got it. He spent his last bit of time on this earth at a drivers retirement send off in the company of his fellow drivers telling yarns, laughing and sinking some schooners looking forward to his retirement only a short run down the track. Woofa’s booked off now and we hope the barracks he is at has a comfy bed and a sweet as attendant and a billy that never runs dry. A good hand gone, but never forgotten, a champion mate.

Page 30 RAIL & ROAD September 2014


Retirement Letters Hi Alex, & Bob, kage due to the introduction RTBU as I have accepted the VR pac the from tion gna resi my of ise adv to ed sales positions I wish ews at various locations for the dedicat revi f staf of nd rou last the r afte ) card opal card and of ETS (opal to move on personally as roll out the me for t righ was e tim the ght thou I at Hurstville Station. office area. I have will have e is becoming limited in the booking the technology of new ticketing my tim 7 to the present in station stries starting in the workshops in 197 indu rail the in e tim of s orie mem ing ever last operations some 36 and half years. and friendship and officers of the union for their support ent pres and t pas the k than to like to represent I would also positions over the years and an honour ous vari to ted elec g bein of e ledg members for the priv members. ing years. I wish everyone the best over the com Regards Terry Missingham

Dear Alex, Bob, Dave and all, redundancies to Intermodal ific National have offered Voluntary Pac re, awa very all, ly bab pro are eve that As you reasons. The primary being that I beli two for r offe r thei on up them take Drivers. I have decided to I have worked time work at this point in my life, as full of ts men mit com the from dom I will enjoy some free which time I became a 9 and in Loco since January 1971 at 196 in 14 of age the e sinc stry indu within the rail er right (don't quote me on renowned Jack Patterson if I rememb the by sted enli LE AFU then the of member that). someone else, that was not nts of today, in that my going allows eve the to t van rele e mor is on reas The second ulder, or at least I hope that is the out an ominous shadow on their sho with d loye emp ain rem to e leav to y read case.

nds over the years, seen have met and made a lot of good frie and s way rail the in er care my yed I have enjo some changes both good and bad. ours to ensure that my time, is the Union and it’s endeav r ove ent evid very n bee has that t The one constan have been. I have very much s with employers whoever they may ling dea all in go fair a had e hav the future members bers, by members will continue into mem of alf beh on rts effo e thos that appreciated this and I hope g from the me to inform you that I will be resignin for g thin sad but , glad a now is It . as I am sure they will mployment for me. e 2014 as that is the first day of une Jun d 22n the from e ctiv effe ber RTBU as a mem r these r help, assistance and friendship ove you for is bas l ona pers a on you of all I now finally wish to thank all the best. many years and wish you and yours person in the near future. Hopefully I will be able to do this in office staff for me as many thanks to Donna and the other and ents tim sen e thes vey con se Also, could you plea many, many thanks. U organisation to them go my many, RTB the of part nt orta imp an are well as they Thank You Arthur Pollard

RAIL & ROAD September 2014

Page 31


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AM AND

RTBU Change of DeTails foRm

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BU

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UN

Change of Personal Details

ION

Surname

Given Name(s)

Gender Male Female

Street Address

Suburb

Post Code

Home Telephone Number

Work Telephone Number

Date Of Birth

Mobile Number

Email (work) Email (home)

Employer

Employee Number

Occupation: Eg Train Driver

RTBU Member Number

Work Location/ Depot

Date Commenced

Employment Status Fulltime

Part time

Casual

Change in Banking Details iMPortant Members need to specify the date of their next pay so that when the membership fee debit occurs on a friday there is sufficient money in the account to ensure the transaction is not dishonoured which results in you then being charged an additional fee by your bank.

Next Pay Week

Details of Bank aCCoUnt to Be DeBiteD Name of Financial Institution (Bank)

Branch where account is held

Account in the name(s) of Bank/State Branch Number: (BSB Six Digits)

Account Number (Maximum of 9 digits)

Details of CreDit CarD to Be DeBiteD Credit Card Type: Eg Visa, MasterCard, AMX

Credit Card Number

Credit card in the name of

Expiry Date

I/We authorise and request the Rail Tram and Bus Union, until further notice in writing to arrange for my/our account described in this direct debit authority, to be debited with any amounts which the debit user may properly debit or charge me/us through the direct debit system. I/We authorise and request this direct debit authority to remain in force until cancelled, deferred or otherwise altered in accordance with this service agreement. SIGNATURE

sUBMit

DATE Please email your completed form to nswho@rtbu-nsw.asn.au by using the submit button Post: Level 4, 321 Pitt Street, Sydney NSW 2000 or fax: 02 9261 1342


TR

R AI

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Membership Enquiries Telephone (02) 9264 2511

BU

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RTBU MEMBERSHIP APPLICATION FORM

AM AND

UN

ION

Surname

Given Name(s)

Gender Male Female

Street Address

Suburb

Post Code

Home Telephone Number

Work Telephone Number

Date Of Birth

Mobile Number

Email (work) Email (home)

Employer

Employee Number

Date Commenced

Occupation: Eg Train Driver

Work Location/Depot

Employment Status Fulltime

Part time

Casual

I, ___________________________________________________ the undersigned, hereby apply to become a member of the Australian Rail, Tram & Bus Industry Union, an Organisation of employees registered under the Fair Work (Registered Organisations) Act 2009 as amended, and hereby undertake to comply with the Rules & By-Laws for the time being of the Union. Signature of Applicant _______________________________________________________ Dated _____________________ I, __________________________________________________ the undersigned, hereby apply to become a member of the Australian Rail, Tram & Bus Union NSW, an Organisation registered under the Industrial Relations Act 1996 (NSW) as amended, and hereby undertake to comply with the Rules and By-Laws for the time being of the Union. Signature of Applicant _______________________________________________________ Dated _____________________ 1. I agree to pay $ __________ via

DIRECT DEBIT fortnightly; OR

CREDIT CARD fortnightly or any other amounts as may be determined from time to time in accordance with the Rules of the Union. I certify that I have received a copy of Rule 14, Notification of Resignation From Membership. 2. I/We authorise and request the Rail Tram & Bus Union, until further notice in writing to arrange for my/ our account described in this direct debit authority, to be debited with any amounts which the debit user may properly debit or charge me/us through the direct debit system. 3. I/We authorise my employer to notify the Rail, Tram & Bus Union of any change of address during my employment. 4. I/We authorise and request this direct debit authority to remain in force until cancelled, deferred or otherwise altered in accordance with this service agreement. Signature of Applicant _____________________________________________________ Dated ____________________ DETAILS OF THE ACCOUNT TO BE DEBITED

Account Name OR Name on Credit Card __________________________________________________________ Financial Institution ______________________________________________ Branch ___________ Date of next pay week __________________________ IMPORTANT Members need to specify the date of their next pay so that when the membership fee debit occurs on a Friday there is sufficient money in the account to ensure the transaction is not dishonoured which results in you then being charged an additional fee by your bank.

Bank / State Branch No. (BSB)

Card Type

MasterCard

Account No. / If Credit Union Membership No. _____________

Visa

Expiry Date

/

Credit Card Number

Please submit this Form to the RTBU’s Membership Officer by email nswho@rtbu-nsw.asn.au OR Mail to Level 4, 321 Pitt Street Sydney NSW 2000 OR Fax (02) 9261 1342


IMPORTANT PLEASE KEEP THE FOLLOWING FOR YOUR REFERENCE

4. A notice delivered to the Branch Secretary shall be deemed to have been received by when it was delivered.

RESIGNATION FROM MEMBERSHIP

5. A notice of resignation that has been received by the Union is not invalid because it was not addressed and delivered the Branch Secretary.

2. A notice of resignation from membership of the Union takes effect:– (a) where the member ceases to be eligible to become or remain a member of the Union (i) on the day on which the notice is received by the Union or (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member, whichever is later; or (b) In any other case:– (i) at the end of two weeks; or (ii) on the day specified in the notice: whichever is later. 3. Any subscriptions, fees, fines and levies owing but not paid by a former member of the Union in relation to a period before the member’s resignation took effect, may be sued for and recovered in the name of the Union in a Court of competent jurisdiction, as a debt due to the Union.

What happens if I get pregnant, sick for an extended period or take leave without pay? If you are on unpaid maternity leave, sick or are off work for a substantial period of time you can seek to have your membership fees suspended until you return to work by giving written notice addressed and delivered to the Secretary of his/her Branch under Clause 11 (8): (8) Notwithstanding the foregoing provisions of this Rule, should any member during any financial year be without pay owing to ill health or to other causes which a Branch Executive regards as warranting special consideration, then the Branch Executive may grant the member exemption from payment of all or any contributions imposed in accordance with the Rules for all or part of the period during which he/ she is without pay. During the period of the exemption, the member shall be deemed to be financial.

The Rail, Tram & Bus Union is bound by the Privacy Act and your information can only used for RTBU processes and cannot be used for any other purposes.

AM AND

BU S

Level 4, 321 Pitt Street Sydney NSW 2000

TR L

1. A member may resign from membership of the Union by written notice addressed and delivered to the Secretary of his/her Branch.

6. Resignation from membership of the Union is valid even if it is not affected in accordance with this Rule, if the member is informed in writing by or on behalf of the Union that the resignation has been accepted.

R AI

OF THE RTBU

Tel (02) 9264 2511 Fax (02) 9264 1342 E-mail nswho@rtbu-nsw.asn.au Website www.rtbu-nsw.asn.au

UN

ION


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