VOLUME 109 No.2 June 2017
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RAILROAD THE MAGAZINE OF THE NSW BRANCH OF THE RAIL, TRAM & BUS UNION
Bus Drivers Take Action Against Privatisation
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From the Branch Secretary The news recently has been dominated by the announced privatisation of sections of the public bus network in Sydney, and our member’s resistance and opposition to these moves.
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Transport Minister Constance has raised the ire of bus operators, commuters and the broader community with his stubborn insistence on privatisation at all costs. He betrayed bus drivers with his announcement of intentions to privatise State Transit bus services in Sydney’s inner west, after promising five year contracts and job security for STA as recently as December last year. These undertakings were made following a restructure within STA to secure the five year guarantee, which resulted in the loss of 200 salaried and white collar jobs. Minister Constance has persisted with his narrow privatisation agenda, and has taken every opportunity to bully and intimidate bus drivers into submission. The Minister first tried to use the media to denounce the actions taken by bus drivers to oppose privatisation of public bus services, then tried to sanction the union in the Supreme Court, and
has more recently threatened to remove drivers’ industry allowance as retribution for their opposition. We are prepared for a long and drawn out battle over this and other intended privatisation measures. The Minister just doesn’t get it – the voting public do not want public transport services privatised. The NSW Government is bragging about its recent surplus budget, on the back of the sale of other public assets, but this could also assist the community response in that there is no service or economic benefit in privatising public transport. The recent national minimum wage decision by the Fair Work Commission to award a 3.3% increase to the country’s lowest paid workers, following on from the earlier decision to strip week-end penalty rates from hospitality, retail and fast food workers, is a step backwards in wages and conditions in already exploited industries, where workers will continue to work for poverty level wages. Imagine for a moment, the take home pay of rail or bus workers take if we were to remove penalty rates, shift allowances and the like.
The RTBU is supporting the ACTU campaign encouraging all members and all workers across all industries to actively campaign and fight to have this decision overturned. This issue of the journal reports a number of wins by the RTBU industrially and legally, with members rejecting sub-standard enterprise agreements from a number of rail operators, and cases in the Fair Work Commission upholding the union arguments against employers in breach of their EA obligations. The NSW Branch was also successful recently in appealing a decision in Fair Work to protect members anonymity in industrial disputes. It is also timely, that with this issue of our journal we acknowledge and celebrate the lessons of the Great Strike of 1917, which saw tram workers walk off the job over broken promises and the introduction of new work system. The dispute quickly spread to other tram workers, rail workers, coal, maritime to become one of the most important conflicts in this country’s trade union history.
In this Issue Industrial News Bus Operators and commuters Betrayed on Sydney Bus Privatisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 NSW Transport Minister Embarrassed in Supreme court . . . . . 6 Messages of Support for Bus Drivers . . . . . . . . . . . . . . . . . . . . 8 Industrial Notes railTrain Members Urged to Vote No. . . . . . . . . . . . . . . . . . . . . . 9 Bus Drivers Punished for Opposing Privatisation . . . . . . . . . . . . 9 Sydney Trains Member representation Dispute . . . . . . . . . . . 10 rTBU Wins right to Protect Members’ Anonymity . . . . . . . . . . 10
General News One hundred Years Since the General Strike . . . . . . . . . . . . . . Fair Work Grants 3.3% Minimum Wage rise . . . . . . . . . . . . . . report considers Impact of Penalty cuts . . . . . . . . . . . . . . . . rTBU Turns Out for May Day . . . . . . . . . . . . . . . . . . . . . . . . . . . rTBU holiday Park News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Uber for Buses ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Summary of Financial reports – rTBU NSW Branch . . . . . . . . Summary of Financial reports – State Union . . . . . . . . . . . . . . Buy Your Piece of Union history . . . . . . . . . . . . . . . . . . . . . . . . campaign Trail AcTU Save Dave campaign . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 13 13 14 16 18 23 30 36 15
Industrial News Bus Operators and Commuters Betrayed by NSW Government on Sydney Bus Privatisation The RTBU has condemned the NSW Government for its betrayal of Sydney commuters and public transport workers with the announcement in May that it would privatise public bus services across Inner Western Sydney. The announcement comes after assurances from the Government in December last year that STA bus operators jobs would be safe for the next 5 years. This promise was made after restructures were carried out and 200 salaried and white collar jobs were shed from STA. RTBU Tram & Bus Division Secretary Chris Preston said the Government’s decision to privatise bus services would slash routes, close bus stops and cost the jobs of 1,200 public transport workers. “This announcement to privatise bus services is a complete betrayal of Sydney commuters and bus drivers.” “It will result in rolling closures of bus services and bus stops for commuters across Inner Western Sydney, affecting tens of thousands of commuters. 1,200 public transport workers, who just last December were given assurances by this Government that their jobs were
safe for 5 years, will now get the chop.” Mr Preston said “We oppose privatisation because we know at the end of the day, it’s the commuters who’ll pay. Private bus operators put profits before the public. To make money they’ll slash services and cut back on maintenance. We’ve seen it happen before. Less popular, less profitable bus routes get the chop and commuters are left stranded.” Mr Preston said absolutely no consultation had been undertaken with the Inner West community, commuters or bus drivers about the decision to privatise bus services.
As recently as December the CEO of the State Transit Authority issued a letter to all 5,000 public transport workers assuring them that their jobs would be safe for the next 5 years. “Commuters were assured their routes and bus services would be protected. Bus drivers were assured their jobs were safe. Now they’ve been betrayed.” “There should be no doubt that the Government now intends to privatise all public transport across NSW. Every Sydney commuter needs to be asking ‘is my bus next on the chopping block?'”
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rAIL & rOAD June 2017
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When It Matters
SYDNEY PARRAMATTA NEWCASTLE CANBERRA WOLLONGONG CAMPBELLTOWN
NSW Transport Minister Embarrassed in Supreme Court NSW Transport Minister Andrew Constance was humiliated in the Supreme Court when his attempt to sue his way to bus privatisation failed. The Government acted on its threat to take legal action against the RTBU for the 24 hour industrial action in response to the Minister’s privatisation announcement. Once the Government realised its application was incompetent and its claim useless, it was then forced to discontinue the matter.
collapsed because you sued the wrong union?" Opposition Leader Luke Foley said in parliament following the failed legal action.
said the NSW Government should be ashamed about the Transport Minister’s vindictive and pointless legal frolic.
The NSW government has been lampooned in the media and in State Parliament after launching Supreme Court action against the wrong branch of the Rail, Tram and Bus Union following the 24-hour bus strike.
RTBU NSW Tram & Bus Division Secretary Chris Preston said 1,200 bus drivers had been vindicated.
“Andrew Constance’s antics over the past week have been bordering on unhinged.”
“STA bus drivers will not be threatened and intimidated by Andrew Constance. We will continue fighting to protect the jobs of bus drivers and to save local bus services in Sydney’s Inner West. Minister Constance is in over his head. Not only does he not know his portfolio, he has wasted about $100,000 in taxpayer’s money on legal fees for his failed legal action.”
Unions NSW Secretary Mark Morey said the courtroom embarrassment was another spectacular stuff up from Mr Constance.
The state government mistakenly filed its legal action seeking penalties against the National Union when it should have been against the NSW State union. "How many taxpayers' dollars have you spent pursuing bus drivers in the courts in legal action that today
“Instead of going after bus drivers, Mr Constance needs to take a good hard look at his own performance… For the good of NSW, he needs to either step down, or be told to step down.”
RTBU National Secretary Bob Nanva
Bus Operators rallied outside Parliament House on May 23, before going into parliament to hear Opposition Leader Luke Foley criticise the Transport Minister's actions.
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PRIVATISATION OF SYDNEY BUSES: THE REAL STORY The privatisation of public buses in Sydney’s Inner West, or Region 6 of the metropolitan bus network, represents a major change to Sydney’s public transport system. There are 233 routes in Region 6, with commuters taking more than 42 million trips on those routes every year. Around 1,300 workers are based in the four depots to be privatised – at Tempe, Kingsgrove, Burwood and Leichhardt. WHY IS THE STATE GOVERNMENT PRIVATISING SYDNEY BUSES? Transport Minister Andrew Constance says it’s because there were 12,000 complaints about Sydney Buses in the Inner West in one year. This number is too much, so it had no choice than to privatise the service. The reality is that buses in the Inner West recorded only 3.21 THE STATE GOVERNMENT complaints perWHY 1,000IS trips – which is lower than other regions, including privately-operated services in PRIVATISING SYDNEY BUSES? the South West (3.36) and Outer West (3.38) regions. (Source: The Guardian) more, late-running buses TransportWhat’s Minister Andrew Constance in the Inner West are not caused by poor drivers says it’s because there were 12,000 or bad management, theyabout are caused the crippling complaints Sydneyby Buses in the inner city traffic congestion. Thisyear. congestion has been Inner West in one This number is too much, so it had no choice than to privatise made worse by the State Government’s decision to rip up city streetsthe for service. major infrastructure projects such as the George street light rail and WestConnex. The reality is that buses in the Inner West This is not about the number of complaints, it’s about recorded only 3.21 complaints per 1,000 this Government’s with privatising many trips obsession – which is lower than other as regions, public servicesincluding as it can.privately-operated services in the South West (3.36) and Outer West
regions. (Source: The Guardian) WHY DID BUS(3.38) DRIVERS TAKE INDUSTRIAL ACTION? Transport Minister Andrew Constance says drivers were What’s more, late-running buses in the told to strike by “union bosses”. Inner West are caused pooroverdrivers The reality is that bus driversnot in the Innerby West or bad management, they are caused by whelmingly decided to give passengers a fare free day, the crippling inner city traffic congestion. take strike action have a uniform ban. They did by so Thisand congestion has been made worse knowing they would lose a big chunk of pay and risk the State Government’s decision to rip potential fines.up Workers at Sydney Buses are concerned city streets for major infrastructure projects such as the George light about their jobs and the future of local busstreet services. rail and WestConnex.
WILL SERVICES SUFFER UNDER PRIVATISATION? This is not about the number Transport Minister Andrew Constance saysofthat privatecomplaints, it’s about this Government’s ly-run buses will be better able to stick to the timetable. obsession with privatising as many public The reality is that no buses – public or private – can get services as it can. past the traffic in the inner city of Sydney. The running times for Inner West services are unrealistic, and are set by the State Government – not by Sydney Buses. A private operator will have a profit incentive to cut costs and reduce service standards in order to make more money.
WILL WORKERS LOSE PAY AND CONDITIONS? Transport Minister Andrew Constance says workers will get a five-year job guarantee, like workers at Newcastle Buses. The reality is that the State Government has only given workers at Newcastle buses an 18-month job guarantee. Similarly, Sydney Buses have only been a given an WHY DID BUS DRIVERS 18-month guarantee – and do TAKE not have any job security beyond that time. INDUSTRIAL ACTION? Privatisation lobbyists like the Tourism & Transport Forum (TTF) also claimAndrew that a private operator Transport Minister Constance says will run the service a significantly cost.bosses”. There are only two driversfor were told to strikelower by “union ways to cut costs in public transport: is and that bus drivers in the Inner • The Cut reality wages; overwhelmingly decided to give • West Cut services. passengers a fare free day, take strike action That’s why workers and commuters both lose under and have a uniform ban. They did so knowing privatisation. they would lose a big chunk of pay and risk potential fines.
WHY SHOULD LOCAL BUS SERVICES BE RUN BY THE GOVERNMENT? Workers at Sydney Buses are concerned about their jobs and the future of localsays bus it’s time to Transport Minister Andrew Constance services. give a private operator a go. The reality is that inner city bus services are too important to stuff up. You don’t just ‘take turns’ to see how it goes. Government-operated bus services have served Sydney well for decades. Commuters in the Inner West were not told that their bus services were on the chopping block before the last election. What’s more, the former CEO of Sydney Buses told workers in December that their jobs were secure, and that a new five-year contract with the State Government was being negotiated. SO HOW CAN WE IMPROVE BUS SERVICES IN THE INNER WEST? The best way to plan for our growing city is to invest in better public transport - with more services, more often.
THE ANSWER IS NOT PRIVATISATION! rAIL & rOAD June 2017
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Messages of support The RTBU has had a steady stream of support for our campaign against bus privatisation from other unions, community organisations and individuals. Here are some of their messages. Dear colleagues,
Dear union,
The Berejiklian government does not hide its privatisation agenda, with Sydney’s inner west bus drivers and commuters just the latest to feel the sting. This government is waging a war on workers and the working class by attacking public provision of transport, housing, health and education in prisons and TAFE.
Lynne.
The New South Wales Teachers Federation passes on support and solidarity to the Sydney bus drivers taking action today in protest against the announcement to privatise more of the Sydney bus network.
Yours in solidarity,
Maxine on behalf of John Dixon, NSW Teachers Federation Hi RTBU,
I want to say that I and many others totally support your bus strike actions today against the horrific idea of privatising transport and buses in this state! I am not a member of the union, simply a very concerned citizen and I abhor that the rich will only get richer and screw our lives even more as a result of this plan to privatise inner west buses by these corrupt politicians. Regards, John.
Dear Member Sidoti,
I heard on the news about the government’s proposal to privatise bus services in the inner west. I strongly oppose any such move.
The government has clearly forgotten history: its been proven in the past that private bus services simply do not work. I grew up in Lane Cove, where the private bus services (Northern Western) was so unreliable that the government brought back the routes.
It’s abundantly clear that any delays or unreliability with the services are fundamentally a result of traffic. Privatising services will not make the buses run on time – only fixing Sydney’s gridlock problems will.
I know that you have been forced into this position by the underhand masking methods of this state government. Keep fighting. Keep strong. Constantly point out that the disruption is due to poorly thought out planning by the government.
Good evening,
I live in the Inner West and fully support the proposed strike. I believe the services provided by the inner west bus services, both drivers and the quality of the buses, is outstanding. I think the government is on a rampant sell-off binge and has betrayed both drivers and the residents of the inner west. I hope that the many affected organisations and communities can work together to stop these destructive activities. Regards,
Robert, Balmain. Dear Bus Drivers,
I am writing to support your strike. I am an inner west public transport user and I am appalled that the NSW Government has made this decision with no regard for the public transport users of the inner west. Can the union and politicians of the inner west join forces to explore ways of addressing the complaints that do not involve privatisation? If a private company can make the services work then so can the public servants. I have also emailed the Transport Minister, the Treasurer, Jodi McKay and Jo Hanley. Thanks,
Geraldine. Dear RTBU
I sent the email below to my local member, John Sidoti, protesting the privatisation of inner west bus services. Kind regards,
Kaye, Abbotsford
Please understand that this is a vote changer. I will not, under any circumstances, vote Liberal if bus services are privatised. Regards, Kaye.
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Industrial Notes RailTrain members urged to Vote No on EA Priority member issues raised during negotiations are being ignored by RailTrain as they attempt to push ahead with a company deal to split the EA. The RTBU met with RailTrain on Tuesday 16 May. At that meeting both parties realised it was going to be difficult to cover all workgroups using the
current Agreement, and dividing the Agreement into streams would ensure workers are covered by their respective work classifications. RailTrain, however, came back with a proposal to split the EA into two totally separate EAs (Rail and Infrastructure) which was NOT discussed in the meeting. Two separate EAs would weaken the
Agreement and also not provide protection for workgroups over the next four years. RailTrain has advised that it intended to send out its (the Companies) Rail Operations EA on Wednesday 24th May. The RTBU strongly believes that the company’s proposed EA is completely unacceptable. We have only had three
meetings with RailTrain, and have only just begun to negotiate all the issues raised by Members. The RTBU has always been, and continues to be, prepared to negotiate in good faith. It is clear from the member’s survey results that members want improvements which the Company are refusing to acknowledge.
The only way to keep RailTrain at the table is for the majority of members to reject the Company EA and to VOTE NO!
‘Dog Act’ – Sydney Bus Drivers punished by Constance for opposing privatisation After failing to stop bus drivers taking action in response to announced privatisation of bus services in Sydney’s Inner West, and failing in his attempt to punish the union in the courts, Transport Minister Constance is now going for the pay packet. RTBU Tram and Bus Division Secretary Chris Preston has described Minister Constance’s slashing of bus driver pay as punishment for their opposition to privatisation a ‘Dog Act’. The State Transit Authority informed bus drivers that it would be taking away the drivers ‘Industry Allowance’ from the next pay period. This was done to punish drivers for standing up against Minister Constance’s plans to privatise the Sydney bus network, a move that will cost 1,200 jobs in July 2018 and lead to the further privatisation of Sydney’s public transport system. Mr Preston said this was another disgraceful act of intimidation from Minister Constance which would cost drivers around $50 per week. “This is a dog act from Minister Constance. Just two week ago, Minister Constance betrayed commuters and bus drivers by announcing his plans to privatise
rAIL & rOAD June 2017
one third of Sydney’s bus network, despite them having received written guarantees of job security for the next five years just last December.” “Now, when bus drivers have courageously stood up to oppose his plans to sell off the bus network, putting 1,200 drivers out of a job, Minister Constance has punished them by slashing their pay.” “These public transport workers have families to feed. They are standing up for their jobs and for better services for commuters, who will face route cuts, bus stop removals and increased fares under privatisation.” “Andrew Constance sits there collecting over $300,000 a year and rides around in his chauffeured limousine while cutting hard working Sydney bus drivers pay. It’s an absolute disgrace.” Mr Preston said that Sydney bus drivers would push ahead with their campaign against bus privatisation, which has already included a 24-hour work stoppage and ‘Fare Free Day’ by talking with commuters and winning their support. “We won’t rule anything in or out to stop privatisation. Everything is on the table.”
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Sydney Trains Member Representation Dispute The Locomotive Division has been informed that some areas of Sydney Trains management are yet again advising Members requested to attend disciplinary or conduct related meetings that they are to arrange their own “Support Person” as the business will not release anyone to attend. All Members have the right to be represented. The denial of this right is a breach of both the Sydney Trains Enterprise Agreement 2014 and the Fair Work Act 2009. While this issue seems to present itself with disappointing regularity the Locomotive Division will continue to follow and enforce the agreed process for delegate release
developed in 2008. The agreed process is outlined below: • When requested to attend a meeting with a manager, advise your manager that you will require representation. • Contact your local delegate if you wish them to attend and ascertain if they are available to attend at the nominated time. • If they are not available, members may nominate another representative from their depot and ascertain if they are available. • If none of these options are available, contact the manager and request he/she make
arrangements to have them in attendance by either re-rostering or covering part of their shift. • If this cannot be achieved, members should seek to postpone the meeting until representation can be afforded. This matter is now a current Step 2 Dispute with Sydney Trains regarding Member Representation. A meeting has been convened with Sydney Trains to address this current Dispute. Should Members have any questions or concerns please contact your local Delegate or RTBU Head Office.
RTBU Wins Right to Protect Fair Work Commission pulls up Aurizon on Employee Anonymity “Classification Creep” During Disputes The NSW Branch of the RTBU was successful in winning a decision in the Fair Work Commission (FWC) to protect members identity during disputes recently. In the recent Appeal decision of Australian Rail, Tram and Bus Industry Union-New South Wales Branch v Asciano Services Pty Ltd t/as Pacific National, a Full Bench decided that the RTBU: • could notify Pacific National of a dispute in its own name on behalf of its members, and • could file a dispute with the FWC in its own name as a representative. The RTBU said the decision confirms employees can maintain their anonymity when they are adequately identified as a class or group. “If the relevant dispute clause does not provide otherwise, a Union can now safely notify a Company of a dispute in its own name as a representative and even apply to the Commission in its own name as a representative. “This approach ensures that the process is quick, informal and avoids unnecessary technicalities.” The Full Bench clearly articulates that naming employees may still be required when it is necessary to characterise a dispute but otherwise identification as a class or group is sufficient. If identification is required, this can occur during the Commission process including by order of the Commission and is not a requirement otherwise. "The decision assists in restoring the equilibrium in dispute processes in an already excessively employer focused industrial landscape,”.
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The Full Bench of the Fair Work Commission this week endorsed the RTBU's position that employees cannot be forced to train in duties outside of their classification.
then direct them to do new tasks however a sensible line needs to be drawn especially when an enterprise agreement clearly provides limitations,” Mr Diamond said.
RTBU National Lawyer Mark Diamond said the dispute arose when Aurizon tried to force its Shunters to train in new tasks that were previously done by a higher paid role.
“In this instance, Commissioner Spencer even spent time at the site to understand the new tasks and to consider whether they would fall within the classification. Her process and findings were extremely thorough.
The Full Bench found that clause 29.4 of the Agreement limited Aurizon's ability to train employees to tasks that fell within their classification which the new tasks were not. "Employers must have some flexibility to train employees and
“Aurizon should remember its classifications are there for a reasons and classification creep to the detriment of union members will not be tolerated."
rAIL & rOAD June 2017
General News 100 years since the General Strike: a milestone for the Australian labour movement The 1917 General Strike began with the RTBU’s predecessor rail unions and became one of the most significant milestones in Australian labour history.
One hundred years on, we remember the General Strike as a triumph of solidarity, a tragedy of broken dreams, and the birth of the modern trade union movement all rolled into one. The strike itself started over the introduction of time cards at tram workshops in Randwick and the carriage workshops at Eveleigh. But workers’ frustrations had been building for years and weren’t just about time cards. The First World War had been dragging on and the people had been told to make sacrifices. Wages had been frozen and workers had been forced to work harder and longer as part of their contribution to winning the war. But shortly after Chief Railway Commissioner James Fraser took control of the NSW railways in
rAIL & rOAD June 2017
1916 he broke his promise to the unions that he would hold back on making substantive changes to working conditions during the war by deciding, without any notice, to introduce time cards at Randwick and Eveleigh. This set a match to a field of anger and resentment that was tinder dry and ready to explode. Workers were so fed up that they took unplanned wildcat action and collectively walked off the job. The Labor Council then issued an ultimatum to the Rail Commissioners to either pull the time card system, or face strike action. When the Commissioners didn’t budge, 1,100 tramway workers at Randwick and 3,000 workers at Eveleigh downed tools immediately. Other railway unions joined in, and the number of striking workers
climbed to 10,000. The sense that workers were being exploited in the name of a foreign war was not limited to the railways. Similar grievances were felt across the country – particularly in the big unionised workplaces like the mines and the wharves, and quickly the strike spread until an incredible 100,000 workers had withdrawn their labour. These workers were supported by hundreds of thousands of family members and friends. Women’s committees were formed, organising vital assistance after the Government cut social benefits to the striking workers’ families. But while the General Strike brought out a level of unity and militancy that showed that Australian trade unionism was truly a force to be reckoned with, it was also a heart-
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remained for 75 long years, right up until the amalgamations to form the RTBU in 1993. The union movement has learned the lessons of the General Strike and we’ve become smarter and more sophisticated in our campaigning. But just as they were in 1917, the cards are still stacked against workers and we’ve got to continue to stand up for workers everywhere. General Strike Centenary: activities and events A 1917 General Strike Committee has been set up including retired RTBU members, Unions NSW officials, historians, academics and representatives from the AMWU, AWU, TWU, MUA and other unions affected by the strike. The committee has been working hard over the last twelve months to organise several events and activities to mark 100 years since the strike, including:
• A 35 minute documentary on the General Strike • Staging a 1917 General Strike exhibition which will travel NSW • The Gala Dinner on the 2nd of August, at Carriage Works Eveleigh • Organising a train to Bathurst for the annual ‘Light on the Hill’ dinner • Launching a play • Creating a booklet on the 1917 General Strike The Committee is also calling for descendants of the 1917 strikers to come forward if they have any memorabilia or personal stories. For further information and details please contact Nick Lewocki on nick.lewocki@bigpond.com.au
breaking point in union history. After five weeks, the rail strike was crushed, and by the summer of 1917 all remaining strikers in other industries had also returned to work. Workers had been threatened, strike breakers were brought in from farms and schools and the NSW Government ran a fierce propaganda campaign against the strikers, accusing them of being tools of our foreign enemies, and deliberately undermining brave Australian fighters on the front line. After the strike ended 20 unions were deregistered including the rail unions involved, and a series of loyalist unions – funded by the government – were set up in their place. Strike leaders like Chifley and Cahill were initially blacklisted and not allowed back into the rail workforce. It took the election of a Labor state government to start the long, slow process of recovery. But the divisions created by the failed strike
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Fair Work grants 3.3% Minimum Wage Rise The ACTU was asking the FWC for a $45 a week or 6.7% increase in the national minimum wage, as it begins a push to lift minimum rates towards a new benchmark against average weekly earnings. ACTU Secretary Sally McManus has said that the announced minimum wage increase will keep low paid workers in poverty. She said the ACTU proposed rise of 6.7% was well above the proposed rise is well above the 2.4% increase the Fair Work Commission delivered last year when it lifted the national minimum wage by $15.80 a week, after the ACTU claimed a $30 (4.6%) increase. Sally McManus announced the 2017 claim during an address at the National Press Club in Canberra, labelling it an "historic increase" that would lift the annual minimum wage from the current $33,635 to $37,420.88. McManus argued in her speech that
building economic security for the lowest-paid workers is at the core of the ACTU’s objectives. "Australia’s minimum wage has been forced down to dangerously low levels when compared to average wages – stifling economic security for workers and further entrenching inequality which is now at a 70 year high," "According to the OECD, the benchmark for an effective minimum wage is 60% of average wages. “Our claim will move us towards this target." The claim for an extra $45 a week translates to a rise of 3% for the C14 national minimum wage and about 5.7% for the C10 tradesperson's rate and below. The claim is part of the more aggressive approach being taken by the ACTU under McManus, but it is sure to raise the hackles of employers.
The Australian Industry Group, on the other hand, called for a "modest" increase of 1.5%, . Ai Group chief executive, Innes Willox, in arguing for the increase, cited "exceedingly weak" national employment growth; low inflation over an extended period; rising energy costs and other cost pressures eroding businesses’ capacity to afford wage increases; weak productivity growth and weak and uneven national aggregate income. "Rising youth unemployment and underemployment, and falling participation, suggest significant pockets of spare capacity are building up, particularly at the lower-skilled end of the labour market," Willox said. "In such circumstances, it is important that the Fair Work Commission adopt a cautious approach when determining the level of any minimum wage increase in this year’s annual wage review.”
Report considers impact of penalty cuts outside major cities
Recent research by the McKell Institute estimates the planned cut in Sunday penalty rates will reduce disposable income in rural and regional Australia by about $667 million a year.
The Institute's report ‘Unfair Burden: The Impact of Sunday Penalty Rate Reductions on Regional and Rural Australia’, May 2017, argues the proposed cuts will impose an "unfair burden" on the 18% of rural and regional workers employed in retail and hospitality sectors, who are already paid less than city-based workers . The estimates and methodology of the McKell report will be disputed by employers, who argue that more working hours and new jobs will flow from the decision. However, it provides an insight into a key way unions will conduct their grassroots campaign against the penalty rates cuts and push for changes to stop the Fair Work Commission cutting take-home pay in future. The 44-page report breaks down the
rAIL & rOAD June 2017
estimated loss in disposable income in individual federal seats in rural and regional Australia. It finds the federal seat of Leichhardt in Queensland is set to lose the most, with a reduction of up to $21 million in disposable income across the electorate, followed by McEwen in Victoria (about $19 million) and Dawson in Queensland ($19 million). ACTU secretary Sally McManus flagged that Coalition MPs will face local campaigns if they fail to support a Labor Bill to protect take home pay which has been passed by the Senate and is headed for debate in the House of Representatives. "When the Bill comes before Parliament each politician will have to choose – do they put the takehome pay of locals first?"
The McKell report also claims that non-locally-owned employers will shift away from regional and rural communities about $290m in savings from lower labour costs (this figure is based solely on estimated losses in hospitality and retail – it doesn't extend to fast food and pharmacy). "This will hurt small and locally owned businesses, and will slow job growth in regions that are in many cases already struggling with higher unemployment than elsewhere in the country", the report says. In February, the McKell Institute released another report that found the FWC's "unwarranted" decision to cut Sunday rates "only increases the existing difficulties" of low income workers battling "nearstagnant" wage growth
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RTBU turnout at May Day Marches in Sydney and Newcastle! It was great to see a strong RTBU turnout at the May Day marches in both Sydney and Newcastle !
we heard from striking Fairfax journalists and domestic violence workers.
All up, around 100 RTBU members across all divisions attended and we had a great time together while fighting for a fairer country and a better future.
We then marched up Elizabeth Street to Prince Alfred Park where we had a concert and a delicious BBQ staed by Alex Claassens and RTBU retired members. They gave out 1,600 sausage sandwiches in record time!
At the Sydney event, new ACTU Secretary Sally McManus and NSW Unions Secretary Mark Morey both gave rousing speeches to kick o the day. Delegates from the ASU, the AWU and MEAA spoke, and among them
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A great day was had by all, even the kids, who got to go on rides and have their faces painted.
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ACTU Save Dave Campaign Australia’s industrial laws are broken and it’s individuals like NSW miner Dave McLachlan who are suffering.
Appin miners at the now-controversial undie protest in early March Dave, a miner in Southern NSW was fired in April by South32 for standing up for his workmates against an employer who had failed to implement the terms of an EBA for nearly 18 months. Dave and his workmates had been protesting against South32’s refusal to provide a laundry service for their coal-ridden work uniforms for 18 months, despite a legal agreement to do so. Dave led a 10 minute protest with his colleagues in his undies to further highlight the issue. He was then sacked. South32’s action demonstrate better than any slogan that Australia’s laws are broken. South32 can simply thumb
rAIL & rOAD June 2017
its nose at a legally binding agreement for 18 months but when a union delegate tries to make a point in a humorous but effective manner he is sacked. Dave’s’ guts and determination to stand up for mates should make us all proud. South32’s actions should make us all ashamed that we have let our laws become so unbalanced. The right to protest is fundamental not only to the union movement but to a free and open society, and it is to the great shame of South32 that they have acted in such a heavyhanded way against a man with an impeccable work record protesting against their own misconduct.
The Australian Council of Trade Unions (ACTU), and the entire union movement, is behind Dave and we will use every means at our disposal to expose the industrial thuggery by South32. The campaign has extended to ACTU Secretary, Sally McManus getting this message out to the people of Wollongong through a series of TV ads running during the nightly news.
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NEWS While the RTBU Holiday Park has slowed a little with the cooler weather, members and their families and friends continue to visit the Holiday Park to enjoy the Autumn quiet. This is also a time for maintenance and necessary work to be carried out at the Park.
Improvements at the Park A number of measures have been carried out recently to improve the amenities for guests at the Holiday Park. Work has progressed to rectify electrical systems in the grounds of the Holiday Park, with one power pole having been replaced with new wiring and electrical box. The replacement of one remaining power pole in the Holiday Park in the coming period will ensure a high safety standard and remove any potential risk from the old electrical system. Some landscaping work has also been completed to top dress and re-grass areas within the caravan section. New picnic tables have also been placed near all of the cabins, and have been freshly painted, to allow guests to enjoy the outdoor facilities.
A new waste management system will be introduced in July in collaboration with Booderee National Park, with the installation of two skip bins for general and recycled waste. This will allow us to reduce waste costs and more effectively recycle waste, reducing the impact of waste generated at the Park on landfill and the environment generally.
Cabin Face-Lift Building work has commenced to replace timberwork around the cabins. A number of cabins have had the timber posts, handrails and gates replaced as part of an improvement to all cabins to be completed over the next twelve months. The new timber work replaces deteriorated and damaged timber, with structurally sound rails and posts which should serve the holiday park for many years to come.
Plant Re-Generation and Beautification Project The new Holiday Park Managers have entered into discussions with the Booderee National Park to conduct a joint project to clear debris around the perimeter of the Park and to re-generate native vegetation as part of a beautification and education project. Work should commence on this project over the winter months. Follow what is happening at the Holiday Park and encourage family and friends to Like Us on Facebook RTBU Holiday Park Jervis Bay
Holiday Park to Change from 1 July The union has recently made a number of policy changes affecting the operation of the RTBU Holiday Park, Jervis Bay. Among these are an attempt to simplify the booking and rates for members and their families and friends. From 1 July 2017, the changes will mean that there will be two booking seasons operating at the Holiday Park – Peak Season and Off Peak. Peak rates will apply to all school holiday periods (with the exception of the July winter holidays) , as well as gazetted public holidays. All other times of the year will be at Off Peak rates. A related change is that under the new arrangements, bookings will be for a cabin up to a maximum of six people, and not for number of people. That is, if you book for six people or less, there will be no additional charges. The new rates for members to apply after 1 July will be on a nightly basis of $65 for Off Peak and $105 for Peak Season. During the Summer Holidays, bookings will still be on a minimum weekly basis. To go into the ballot for the Summer Holidays for 2017/2018, see the notice in this issue of the Rail & Road.
New Licences for Caravans The union has recently introduced new licence arrangements for caravan sites in order to comply with our lease with the Commonwealth for the Holiday park, and to comply with the laws that apply to the Australian Capital Territory.
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Be in the Ballot for a Special Christmas Holiday at the RTBU Holiday Park A ballot will be held on Friday, 29th September 2017 at noon to decide who will spend the peak Christmas holiday period (Saturday, 16th December 2017 to Saturday the 27th January 2018) at the RTBU Holiday Park at Jervis Bay. The nomination form is available from Dallas at the Sydney office or online at www.rtbuexpress.com.au, and must be returned to the union office before close of business on Thursday 28 September. Please note that while verbal applications are not acceptable, Dallas will gladly answer any enquiries about the holiday park. Call on (02) 9264 2511. Cabins cannot be booked for non members. Proof of membership will be required upon arrival.
Cost for this period is $735.00 per week (including GST). Bookings are restricted to financial RTBU members, on the basis of one cabin per member for a minimum of one week and a maximum of two weeks. The fully self-contained two bed room (plus a sleep out) brick cabins sleep up to six people. The fully furnished cabins also have security screen doors, cooking facilities, remote control TV sets, fridge and microwave ovens. Amenities include a tennis court and covered BBQ area. While Christmas, public and school holidays are much sought after, members may like to take advantage of the special rates from July until September. Even in winter, the holiday park is a wonderful place for a holiday with many scenic places nearby that are well worth a visit. Please Note: If we do not receive your confirmation/payment together with the completed registration form by the 24th November, your booking will be automatically cancelled.
Private sector annual pay growth drops to 1.7% Rates of pay excluding bonuses in the private sector are increasing at the slowest pace in almost 20 years and are being outstripped by inflation, according to new Australian Bureau of Statistics data. The March quarter Wage Price Index (WPI) shows that total hourly rates of pay excluding bonuses grew by 1.7% in trend terms in the year to March, after a 0.4% rise in the March quarter. It is the lowest rate of growth in private sector rates since the ABS began compiliing the Index in late 1997 and is lower than the most recent CPI figure of 2.1%. Across the economy, rates grew by 1.9% (trend) annually (equal to the record annual low achieved in the past two quarters) and 0.5% in the quarter. In the public sector, rates grew by 2.3% (trend) annually and 0.6% in the quarter. This data follows the May Federal Budget forecast that
rAIL & rOAD June 2017
the WPI would rise to 2.1% this financial year, 2.5% in 2017-18 and 3% in 2018-19. The Budget also projected that the WPI will increase further to 3.5% in 2019-20 and 3.75% in 2020-21. The record low result follows the Reserve Bank board at its May 2 monetary policy meeting saying it was "unlikely wage growth would slow much further". The board said that wage pressures would "rise only gradually as the eects of structural adjustment following the mining investment and terms of trade boom, which had weighed on aggregate wage growth, continued to wane". "Data on the labour market had been somewhat mixed, but forward-looking indicators continued to suggest that employment growth would maintain its recent pace and spare capacity in the labour market would decline gradually," it said.
Page 17
Uber for Buses?
"Bus companies themselves can play in the ride-sharing space, start running small mini-buses around, ondemand services," Mr Constance said in the report. Earlier he had announced that buses in the inner west, currently run by the government-owned State Transit, would be "franchised" to a private operator. The minister said the government would talk to the market over the next month or so, and then seek requests from private operators. "Out of that I want to see innovation come into it," Mr Constance said. "I want to see how we can use technology, particularly in some of those smaller areas and smaller suburbs, where you might be able to run some on-demand services and how they can link into the broader network." Under the government's model, the state will own buses and depots, and be responsible for timetables and fares. On top of that, Mr Constance said the bus fleet could be complemented by smaller vehicles. These would not
The RTBU Tram & Bus Divisional Secretary, Chris Preston, dismissed Mr Constance's notion, saying:"He is fanciful if he thinks he's going to be able to create this Uber- style transportation for buses," He said councils in Sydney's north already ran loop buses and these often ran with few passengers. "Whenever you don't have somebody in your bus and you are driving and your wheels are moving, that is an expense," Mr Preston said. "If he thinks he can run a network on demand and it is going to make money, and it is not going to be a burden for the taxpayer, he's laughable." The report also cited Corinne Mulley, professor of public transport at the Institute of Transport and Logistics Studies at Sydney University, who said there was scope for innovation in bus services in Sydney. Professor Mulley said route changes could work in the inner west if they were complemented by higher frequencies on major routes. This type of change would require bus passengers to interchange between services. The overseas experience, Professor Mulley said, was that passengers accepted interchanging if it was easy and quick. She was sceptical about the use of mini-buses. "This was trialled in the UK following deregulation and while it upped the frequency, operators found that minibuses were not as reliable or cost effective." In the same report, Mr Constance said a new operator should be in place in the inner west by July 2018.
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www.locoexpress.com.au
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The minister legalised the use of ride-sharing services such as UberX in 2015. Now that he has embarked on his first major industrial relations battle in the job – a face-off with inner west bus drivers that has already triggered a 24 hour strike – he is keen to open up public transport to new ways of doing things.
run down the main corridors in the inner west, such as Parramatta Road, but potentially on smaller suburban streets.
R AI
A week after 1200 bus operators went on strike in response to the Transport Minister’s announced privatization in the inner west, the Sydney Morning Herald reported on the Transport Minister’s vision for ‘Uber Buses’. According to the report, to Minister Constance's vision for a franchised bus operation in the area may include the ability for bus passengers in Sydney's inner west to summon smaller vehicles to pick them up on demand.
UN
ION
rAIL & rOAD June 2017
We’ve got your back Proudly supporting the NSW Branch of Rail, Tram and Bus Union and their members.
RTBU Members are entitled to a free, initial consultation and discounted rates when referred by their union.
GET IN TOUCH Contact the RTBU on 02 9264 2511 for a referral to Slater and Gordon Lawyers
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 cabins sleep up to a maximum of 6 people. Cabins have a queen sized 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 cabins 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. Bookings can be made by telephoning the RTBU Office on (02) 9264 2511.
Booderee National Park & Bherwerre Beach
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www.facebook. com/RTBUNSW
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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. 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.
Like Us on Facebook RTBU Holiday Park Jervis Bay rAIL & rOAD June 2017
Wages fix about bargaining "where the power is" Expanding on its theme that the wages system is "broken", the ACTU will seek to change workplace laws so workers and unions can bargain "where the power is" across industries and franchised employers, rather than being limited to the enterprise level.
all sorts of other mechanisms to drop people back to the minimum".
Speaking after the Fair Work Commission awarded a 3.3% increase in minimum wages for award-reliant workers, ACTU secretary Sally McManus said that the system privileged the views of economists above the interests of working people.
"So we believe that workers should be able to choose the group or the scope of how they bargain and that should fit the modern economy.
"Before this decision, they'd always been saying that wage increases would affect employment and now finally they're saying, 'Oh sorry we were wrong about that' and the evidence is actually saying the opposite, that either it's had no effect or there's now all the studies coming out of the US saying it's had a small positive effect on employment."
"Plus, we've got a system where the Fair Work Commission is now cancelling agreements and dropping them back to the minimum as well.
"The modern economy isn't just about enterprises. "It's about supply chains. In some circumstances like in the sector I used to work in, the community sector, it's the industry. The whole industry operates in the same way when you're dependent on [government] funding.
î ˝ ...workers should be able to choose, if that's where power is and that's how it works, to bargain in that way. î ž
McManus said unions would take a two-pronged approach to lifting wages: campaigning and organising at the workplace/ industry level, and "pointing out why this way of setting wages is no longer adequate to ensure that people aren't living in poverty".
McManus said unions believed the enterprise bargaining system also had to be changed, in ways that would require significant changes to the Fair Work Act. She argued the "disconnect" between minimum conditions and those set through bargaining had created a "huge incentive for employers to use labour hire and
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"Where we've got a system that only allows you to bargain at the level of the enterprise, it's not serving working people in the way it was meant to and we think this needs to be now reviewed." McManus said unions were not simply looking for changes that allowed industrybased bargaining.
"We think that it needs to adjust to the way that employers now organise themselves. "So we've got the whole franchising model, for example, and that's not an industry. It's just a whole different way of organising themselves. "So workers should be able to choose, if that's where power is and that's how it works, to bargain in that way. They should be able to choose if the real power is at the top of the supply chain, to be able to bargain at that point.�
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AM AND
RTBU Change of DeTails foRm
S
R AI
BU
L
TR
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
NSW Branch Annual Report 2016
Summary of Financial Reports NEW SOUTH WALES BRANCH This summary of Financial Reports for the NSW Branch have been extracted from the audited NSW Branch General Purpose Financial Report for 2016, prepared for the Fair Work Commission in compliance with reporting requirements of the Fair Work Act and Fair Work (Registered Organisations) Act 2009. The full Financial Reports (including explanatory notes) are available on rtbuexpress.com.au STATEMENT OF COMPREHENSIVE INCOME For the Year Ended 31st December 2016
2016
2015
$
$
6,571,623
6,901,631
486,268
509,379
-
-
Interest Received
231,521
223,254
Rent Received
344,985
276,360
3,211
-
-
187
2,800,000
-
65,875
94,790
10,503,483
8,005,601
2,293,523
2,792,414
Capitation Fee paid to National Office
823,649
833,670
Affiliation Fees
231,409
200,489
1,075,679
971,016
Grants or Donations
20,197
7,574
Depreciation and Amortisation
88,376
94,352
Legal Costs
62,380
60,042
Audit Fees and Accounting Fees
67,473
53,155
Other Expenses
1,158,781
1,135,255
TOTAL EXPENSES
5,821,467
6,147,967
PROFIT FOR THE YEAR
4,682,016
1,857,634
342,500
-
5,024,516
1,857,634
INCOME Members Contributions Legal Levy Received Capitation Fees
Grants and/or Donations Net Gains on Sale of Assets Valuation Gain from Investment Property Other Income TOTAL INCOME EXPENSES Employee Expenses
Administration Expenses
OTHER COMPREHENSIVE INCOME Gain on Revaluation of Property TOTAL COMPREHENSIVE INCOME FOR THE YEAR
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NSW Branch Annual Report 2016
STATEMENT OF CHANGES MEMBER’S FUND as at 31st December 2016
Retained Profits
Balance 01/01/2015 Profit for the year Other Comprehensive Income for the year Total Comprehensive Income for the year Balance 31/12/2014 Profit for the year Other Comprehensive Income for the year Total Comprehensive Income for the year Balance 31/12/2015
Page 32 Page
24
Asset Revaluation Reserve
Total
$
$
14,252,744
14,252,744
1,857,634
1,857,634
-
-
1,857,634
1,857,634
16,110,378
16,110,378
4,682,016
4,682,016
-
342,500
342,500
4,682,016
342,500
5,024,516
20,792,394
342,500
21,134,894
rAIL & rOAD June 2017
NSW Branch Annual Report 2016
STATEMENT OF FINANCIAL POSITION as at 31st December 2016
2016
2015
$
$
CURRENT ASSETS Cash and Cash Equivalents
13,261,853
11,648,057
Receivables
226,259
371,815
Other Assets
383,944
158,194
13,872,056
12,178,066
977,865
973,538
1,236
1,236
805,000
475,000
6,000,000
3,200,000
Plant & Equipment
132,623
145,216
Motor Vehicles
147,699
111,474
8,064,423
4,906,464
21,936,479
17,084,530
Accounts Payable
244,695
293,013
Provisions
556,890
681,139
TOTAL CURRENT LIABILITIES
801,585
974,152
TOTAL LIABILITIES
801,585
974,152
21,134,894
16,110,378
342,500
-
Accumulated Surplus
20,792,394
16,110,378
ACCUMULATED FUNDS
21,134,894
16,110,378
TOTAL CURRENT ASSETS NON-CURRENT ASSETS Receivable Financial Assets Property Investment Property
TOTAL NON-CURRENT ASSETS TOTAL ASSETS CURRENT LIABILITIES
NET ASSETS ACCUMULATED FUNDS Reserves
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NSW Branch Annual Report 2016
STATEMENT OF CASH FLOWS as at Ended 31st December 2016
2016
2015
$
$
CASH FLOW FROM OPERATING ACTIVITIES Receipt from RTBU National Office
34,914
32,676
7,903,537
7,601,254
Payment to RTBU National Office
(1,060,000)
(860,000)
Payments to Suppliers and Employees
(5,845,590)
(5,496,970)
Interest Received
231,522
223,254
Rent Received
379,484
303,996
69,513
98,960
1,713,380
1,903,171
(156,074)
-
56,490
5,295
(99,584)
5,295
1,613,796
1,908,466
Cash at beginning of the Year
11,648,057
9,739,591
Cash at the End of Year
13,261,853
11,648,057
Receipts from Members
Receipts - Other Net Cash Provided by (Used in) Operating Activities CASH FLOW FROM INVESTING ACTIVITIES Purchase of plant and equipment Proceeds from sale of plant and equipment Net Cash Provided by (Used in) Investing Activities
Net Increase in Cash Held
Page 34 Page
26
rAIL & rOAD June 2017
NSW Branch Annual Report 2016
NOTES TO THE STATEMENT OF CASH FLOWS as at 31st December 2016
2016
2015
$
$
13,261,853
11,648,057
4,682,016
1,857,634
88,376
94,352
Note A: Reconcilliation of Cash Cash at the end of the financial year as shown in the Statement of Cash Flows is reconciled to the related items in the Statement of Financial Position as follows Cash at Bank and on Deposit Note B: Reconciliation of Cash Flow from Operations with Profit from Ordinary Activities Profit from Ordinary Activities Depreciation Valuation Gain from Investment Property
(2,800,000)
Change in Assets and Liabilities Decrease / (Increase) in Receivables
141,269
(128,705)
(Increase) / Decrease in Prepaid Expenses
(168,470)
89,158
(Increase) / Decrease in Promotional Items
(2,880)
19,145
(48,282)
(47,029)
(Decrease) / Increase in Provision for employee benefits
(178,649)
18,616
Cash Flows from Operations
1,713,380
1,903,171
(Decrease) in Creditors
rAIL & rOAD June 2017
PagePage 27 35
NSW Branch Annual Report 2016
INDEPENDENT AUDIT REPORT TO THE MEMBERS OF AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES BRANCH
Opinion We have audited the accompanying financial report of Australian Rail, Tram and Bus Industry Union, New South Wales Branch (“the Union”), which comprises the statement of financial position as at 31st December 2016, the statement of comprehensive income, statement of changes in members’ fund and statement of cash flows for the year then ended, and notes to the flnandal statements, including a summary of significant accounting polices, and the Committee of Management Statement. In our opinion, the financial report presents fairly, in all material respects, in accordance with the fair Work (Registered Organisation) Act 2009, and applicable Accounting Standards and other mandatory professional reporting requirements In Australia, the financial position of the Union as at 31st December 2016 , and its financial performance and Its cash flows for the year then ended; and As part of the audit of the financial statements, we have concluded that management’s use of the going concern basis of accountlng In the preparation of the financial report is appropriate.
Basis for Opinion We conducted our audit in accordance with Australian Auditing Standards. Our responslbilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Report section of our report. We are independent of the Union In accordance with the auditor independence requirements of the Accounting Profosslonal ond Ethical Standards Board’s APES 110 Code of Ethics for Professional Accountants (the Code) that are relevant to our audit of the financial report in Australia. We have also fulfilled our other ethical responsibilities In accordance with the Code. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.
Report on Other Legal and Regulatory Requirements Opinion In our opinion, the recovery of wages activity financial report, properly and fairly reports all information required by the reporting guidelines of the General Manager as per subsection 253(2) of Fair Work (Registered Organisatlorn:) Act 2009, Including; i.
any fees charged to, or reimbursements of expenses claimed from, members and others for recovery of wages activity; and
ii.
any donations or other contributions deducted from recovery money.
Basis of Opinion Our responsibility is to express an opinion on the recovery of wages activity financial report, based on our audit conducted in accordance with Australian Auditing Standards. We have been advised that no revenue has been derived from undertaking recovery of wages activity during the reporting period.
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28
rAIL & rOAD June 2017
NSW Branch Annual Report 2016
Other information The Committee of Management is responsible for the other information. The other information comprises the information in the Operating Report for the year ended 31st December 2016, but does not include the financial report and the auditor’s report thereon. Our opinion on the financial report does not cover the other information and accordingly we do not express any form of assurance conclusion thereon. In connection with our audit of the financial report, our responsibility is to read the other information and, in doing so, consider whether the other information is materially inconsistent with the financial report or our knowledge obtained in the audit or otherwise appears to be materially misstated. If, based on the work we have performed, we conclude that there is a material misstatement of this other information, we are required to report that fact. We have nothing to report in this regard. Committee of Managements’ Responsibilites for the financial report The Committee of Management of the Union (the “Committee”) is responsible for the preparation and fair presentation In accordance with the Australian Accounting Standards (including Australian Accounting Interpretation) and the Fair Work (Registered Organisations) Act 2009 and for such internal control as the Committee determines is necessary to enable the preparation of the financial report that is free from material misstatement whether due to fraud or error. In preparing the financial report, the Committee is responsible for assessing the Union’s ability to continue as a going concern, disclosing, as applicable, matters relating to going concern and using the going concern basis of accounting unless the Committee either intends to liquidate the Union or to cease operations, or have no realistic alternative but to do so. The Committee is responsible for overseeing the Union’s financial reporting process. The Committee is responsible for the preparation and presentation of the recovery of wages activity financial report in accordance with Section 253(2) of the Fair Work (Registered Organisations) Act 2009. Auditor’s responsibilities for the audit of the Financial Report Our objectives are to obtain reasonable assurance about whether the financial report as a whole is free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with the Australian Auditing Standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of this financial report. A further description of our responsibilities for the audit of the financial report is located at the Auditing and Assurance Standards Board website at: http://www.auasb.gov.au/auditors_ files/ar4.pdf This description forms part of our auditor’s report.
Other matters In accordance with the reporting guidelines for the purposes of Section 253, the follow!ng declarations are made in reference to the auditor; a. b.
is a registered company auditor and a partner of ESV Accounting and Business Advisors; and is a member of Chartered Accountants Australia and New Zealand, and holds a current Public Practice Certificate.
Dated at Sydney on the 25 May 2017
ESV Accounting and Business Advisors
Tim Valtwles Partner
rAIL & rOAD June 2017
Page 37
Page 29
NSW Branch Annual Report 2016
Summary of State Financial Reports RAIL, TRAM AND BUS UNION OF NEW SOUTH WALES STATEMENT OF COMPREHENSIVE INCOME as at 31st December 2016 The Summary of State Financial Reports has been extracted from the audited State Financial Statements 2016 (including explanatory notes) prepared in compliance with reporting requirements of the NSW Industrial Relations Act 1996. A copy of the full State Financial Statements for 2016 is available from rtbuexpress.com.au
2016
2015
$
$
INCOME Rent – Caravans
119,040
131,799
Rent – Units
150,721
150,929
Valuation gain from investment property
226,560
-
99
70
496,420
282,798
Administration Expenses
256,801
206,162
Depreciation Expenses
140,427
132,790
Other Expenses
35,790
35,362
TOTAL EXPENSES
433,018
374,314
63,402
(91,516)
-
-
Gain on Revaluation of Land & Buildings
2,679,250
-
TOTAL COMPREHENSIVE INCOME FOR THE YEAR
2,742,652
(91,516)
Interest Received TOTAL INCOME EXPENSES
NET PROFIT/(LOSS) OTHER COMPREHENSIVE INCOME
STATEMENT OF CHANGES IN MEMBER’S EqUITY as at 31st December 2016
Balance 01/01/2015 Net (Loss) for the Year Other Comprehensive Income for the Year Total Comprehensive Income for the Year Balance 31/12/2015 Net Profit for the Year Other Comprehensive Income for the Year Total Comprehensive Income for the Year Balance 31/12/2016
Page 30
Retained
Asset
Total
Profits $
Revaluation $
2,536,483
1,016,604
$ 3,553,087
(91,516)
-
(91,516)
-
-
-
(91,516)
-
(91,516)
2,444,967
1,016,604
3,461,571
63,402
-
63,402
-
2,679,250
2,679,250
63,402
2,679,250
2,742,652
2,508,369
3,695,854
6,204,223
rAIL & rOAD June 2017
Page 43
NSW Branch Annual Report 2016
STATEMENT OF FINANCIAL POSITION as at Year Ended 31st December 2016
2016
2015
$
$
CURRENT ASSETS Cash and Cash Equivalents
48,703
114,688
2,871
168
51,574
114,856
Investment Property
1,000,000
796,878
Property, Plant & Equipment
6,131,401
3,538,493
TOTAL NON-CURRENT ASSETS
7,131,401
4,335,371
TOTAL ASSETS
7,182,975
4,450,227
Payables
887
15,118
TOTAL CURRENT LIABILITIES
887
15,118
Payables
977,865
973,538
TOTAL NON-CURRENT LIABILITIES
977,865
973,538
TOTAL LIABILITIES
978,752
988,656
6,204,223
3,461,571
Reserves
3,695,854
1,016,604
Accumulated Surplus
2,508,369
2,444,967
ACCUMULATED FUNDS
6,204,223
3,461,571
Receivables TOTAL CURRENT ASSETS NON-CURRENT ASSETS
CURRENT LIABILITIES
NON-CURRENT LIABILITIES
NET ASSETS ACCUMULATED FUNDS
Note
This Year Inflows (Outflows) 2015 $
This Year Inflows (Outflows) 2016 $
CASH FLOW FROM OPERATING ACTIVITIES Rent Received
296,737
311,001
99
70
(332,174)
(241,343)
(35,338)
69,728
Payment for Assets
(30,647)
(39,400)
NET CASH (USED IN) INVESTING ACTIVITIES
(30,647)
(39,400)
Net (Decrease)/Increase In Cash Held
(65,985)
30,328
Cash at beginning of the Year Cash at End of Year
114,688 48,703
84,360 114,688
Interest Received Payments to suppliers and employees NET CASH PROVIDED BY (USED IN)
B
CASH FLOW FROM INVESTING ACTIVITIES
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rAIL & rOAD June 2017
A
Page 31
NSW Branch Annual Report 2016
NOTES TO THE FINANCIAL STATEMENTS as at Year Ended 31st December 2016
2016
2015
$
$
Note A: Reconciliation of Cash Cash at the end of the financial year as shown in the Statement of Cash Flows is reconciled to the related items in the Statement of Financial Position as follows Cash at Bank and on Deposit
48,730
114,688
63,402
(91,516)
(226,560)
-
140,427
132,790
(2,871)
-
-
16,345
(9,736)
12,109
(35,338)
69,728
Note B: Reconcilliation of Cash Flow from Operations with Profit from Ordinary Activities Profit/(loss)from Ordinary Activities Valuation Gain from investment property Depreciation Change in Assets and Liabilities (Increase) in Receivables Decrease in Prepaid Expenses (Decrease) / Increase in Creditors Cash Flows from Operations
Page 32
rAIL & rOAD June 2017
Page 45
NSW Branch Annual Report 2016
INDEPENDENT AUDIT REPORT TO THE MEMBERS OF RAIL TRAM AND BUS UNION OF NEW SOUTH WALES
Opinion
We have audited the accompanying financial report of Rail Tram and Bus Union of New South Wales (“the Union”), which comprises the statement of financial position as at 31st December 2016, the statement of comprehensive income, statement of changes in members’ equity and statement of cash flows for the year then ended, and notes to the financial statements, including a summary of significant accounting policies, and the Committee of Management Statement. In our opinion, the financial report presents fairly, in all material respects, in accordance with the Industrial Relations Act 1996, and applicable Accounting Standards and other mandatory professional reporting requirements in Australia, the financial position of the Union as at 31st December 2016, and its financial performance and its cash flows for the year then ended. As part of the audit of the financial statements, we have concluded that management’s use of the going concern basis of accounting in the preparation of the financial report is appropriate.
Basis for opinion We conducted our audit in accordance with Australian Auditing standards. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Report section of our report. We are independent of the Union in accordance with the auditor independence requirements of the Accounting Professional and Ethical Standards Board’s APES 110 Code of Ethics for Professional Accountants (the Code) that are relevant to our audit of the financial report in Australia. We have also fulfilled our other ethical responsibilities in accordance with the Code. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.
Report on Other Legal and Regulatory Requirements With respect to Section 514 of Industrial Relations Act 1991 (NSW), we report that; (i)
satisfactory accounting records were kept in respect of the year ended 31 December 2016 including records of the sources and nature of income {including income from members) and the records of the nature and purposes of expenditure; and
{ii)
the attached financial statement including the Certificate of the Committee of Management and Accounting Officers Statement are prepared in accordance with Section 510 of the Industrial Relations Act 1991 {NSW), as applied by Section 283 (3) of the Industrial Relations Act 1996 and has been properly prepared from accounting records of the Union.
Page 46
rAIL & rOAD June 2017
Page 33
NSW Branch Annual Report 2016
Committee of Managements’ Responsibilities for the financial report The Committee of Management of the Union (the “Committee”) Is responsible for the preparation and fair presentation In accordance with the Australian Accounting Standards (including Australian Accounting Interpretation) and the Industrial Relations Act 1996 and for such internal control as the Committee determines is necessary to enable the preparation of the financial report that is free from material misstatement whether due to fraud or error. In preparing the financial report, the Committee is responsible for assessing the Union’s ability to continue as a going concern, disclosing, as applicable, matters relating to going concern and using the going concern basis of accounting unless the Committee either intends to liquidate the Union or to cease operations, or have no realistic alternative but to do so.
Auditor’s responsibilities for the audit of the Financial Report Our objectives are to obtain reasonable assurance about whether the financial report as a whole is free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with the Australian Auditing Standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of this financial report. A further description of our responsibilities for the audit of the financial report is located at the Auditing and Assurance Standards Board website at: http://www.auasb.gov.au/auditors_flles/ar4.pdf This description forms part of our auditor’s report.
Dated at Sydney on the 25 May 2017
ESV Accounting and Business Advisors
Tim Valtwies Partner
Page 34
rAIL & rOAD June 2017
Page 47
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Buy Your Piece of Union History Limited numbers of the commemorative badge of the 1917 Great Strike are available for purchase from the RTBU office for $10.
Have You Left the Industry? Retired? If you have left the industry, permanently or for a period, have retired, or are off work due to illness, 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. 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 on 02 9264 2511 for more information. Page 36
rAIL & rOAD June 2017
Join the RTBU Retired Members Association Many retired members continue to receive copies of the journal Rail & Road, and take an interest in the life of the union. Many have also said that they would like to maintain a closer connection and involvement with the work of the union. The RTBU Retired Members Association was established to provide a forum for former members to meet, work on campaigns, address issues of particular relevance for retirees and to identify ways of assisting, supporting and contributing to the work of the union. It is expected that the Retired Members Association will function independently and pursue issues that it identifies as priorities. If you are a retired member of our union, we would like you to consider joining the Retired Members Association. Membership forms are available from the RTBU Head Office, Level 4, 321 Pitt Street, Sydney or on the union website: www.rtbu-nsw.asn.au
For more information, contact Peter O’Connor at the union office on (02) 9264 2511 For more information, contact Don McKechnie on 0409 813 643 or the union office on (02) 9264 2511
Page 14
raIL & rOaD June 2010
RTBU Express Website
www.rtbuexpress.com.au rAIL & rOAD June 2017
Page 37
TR
R AI
S
Membership Enquiries Telephone (02) 9264 2511
BU
L
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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