2017 Rail and Road - March Edition

VOLUME 109 No.1 March 2017

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

Remembering Granville Train Disaster 40 years on

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Tramnswho@rtbu-nsw.asn.au and Bus Division Email 83-89 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 Street

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RAIL & ROAD is the official journal of the NSW Branch of the Rail, Tram RAIL & ROAD is the official journal of the NSW Branch of the Rail, Tram and and Bus Union and is produced as part of the union’s communication Bus Union and is produced as part of the union’s communication strategy 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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Locomotive redfern NSW 2016Division Level 4, 321 Pitt Street Tel (02) 93197277 Sydney NSW 2000 Fax (02)92643400 93194341 Tel (02) Fax (02) 92647679 nswbus4@bigpond.com Email nswloco@rtbu-nsw.asn.au Newcastle Office Locomotive Division

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Wollongong Office Email nswloco@rtbu-nsw.asn.au Level 1, 306a Crown Street, Wollongong, 2500 Newcastle Office Tel (02) 4227 5798 Email wollongong@rtbu-nsw.asn.au 33 Gordon avenue hamilton NSW 2303

Branch Executive

Tel (02) 4961 Secretary 4311 Alex Claassens President

Fax (02) 4961 4779 Joanne McCallum Assistant Secretary (Road) David Woollams Assistant Secretary (Rail) Robert Hayden

Wollongong Office Elected Level 1, 306aFull-Time crown Street,Officials Wollongong, 2500 Branch Secretary Tel (02) 4227 5798 Alex Claassens Email wollongong@rtbu-nsw.asn.au Locomotive Divisional Secretary Robert Hayden Tram and Bus Divisional Secretary Branch Executive Chris Preston Secretary alexPresident claassens Tram and Bus Divisional President Phil Kessey David Woollams

assistant Secretary

Organisers

Mick Schmitzer

Wollongong

John Curley

Organisers Freight Organisers Steve Wright Newcastle Mick Schmitzer

Kevin Pryor Passenger Organiser Bob Newham Wollongong John curley

Jessica Epps Frieght Organiser Steve Wright Branch Organisers Lizanne Bennett Branch Organisers Brendan Edghill Helen Bellette Paul Douglas

Mick Cartwright BobGraham haydenFozzard

Luke Hayden Lead Organisers Industrial Officers Lizanne Bennett Phillip Kessey

Jessica Epps Doug Klineberg

(Locomotive Division) Lizanne Communications Officer Peter Bennett O’Connor Education Officer Maryanne Stuart Industrial Officer

Peter O’connor

From the Branch Secretary Early in the year there was a pause and glimmer of hope for transport workers when Premier Baird surprised many with his announced resignation.

While Mr Baird had a public image of the smiling affable Premier, his Government’s reforms, cutbacks and privatisation agenda in public transport were a constant cause for concern to our members. In addition to the privatisation of transport services in Newcastle, the recent announcement of the closure of the NSW Trains Newcastle Call Centre was another blow to workers in this region.

The Government announced at the end of last year that Keolis Downer was successful in winning the tender for the integrated Newcastle transport services. While we are cautious about the new operator and new arrangements, we have been meeting with Keolis Downer, and will be negotiating to ensure that through transmission of business arrangements and future enterprise agreement negotiations that the conditions of our Tram and Bus members will be protected and maintained. We may have lost the initial battle to prevent the privatisation of these services, however, we will continue to fight for our members’ conditions in the new transport arrangements.

The NSW Government desire to

extend its privatisation agenda to Sydney State Transit buses, was stalled when State Transit was awarded a new five year contract to operate Sydney buses. This decision came on the back of a broad public campaign which targeted bus stops and commuters with the anti-privatisation message.

At the Federal level we weren’t shocked by the recent decision of the Fair Work Commission to reduce week-end penalty rates in the fast food, hospitality and retail industries given that Minister Michaela Cash was bragging about her appointments to the Commission, and the recent decision made it abundantly clear as to whom the Commission is accountable to.

Needless to say that this is a step backwards in working conditions in these already exploited industries, and signals a warning for other industries in future. Imagine for a moment, the take home pay of rail or bus workers if we were to remove penalty rates, shift allowances and the like. This is a future that should be left to the imagination and never allowed to eventuate. RTBU members and all workers across all industries should actively campaign and fight to have this decision overturned.

On the immediate radar, we have a number of major enterprise agreement negotiations underway in different

sectors. Your union negotiating teams will be working hard to ensure that we continue to defend and improve existing conditions and achieve positive outcomes for all members affected.

The union has also recently appointed new managers at the RTBU Holiday Park in Jervis Bay, and have conducted policy reviews and programs of improvements for the Holiday Park. I urge all members to visit the Holiday Park, and to treat their families to a holiday in our bit of paradise at reduced member rates.

This and future issues of the journal will keep members up-to-date with developments and activity at the Holiday Park.

We also recently mourned the loss of a staunch unionist, activist and the first female president of AT&MOEA, who passed away in December. I am referring to June De Lorenzo (later Gabriel), as some members would know as the driving force, with other women at Waverley and Brookvale Bus Depots, to have women trained and employed as bus drivers in 1970.

June’s activism and achievements in fighting for worker’s rights should remain as an inspiration to all of us working to protect and extend the quality of life of members and their families.

In this Issue Industrial News Pacific National Drivers Win Appeal. . . . . . . . . . . . . . . . . . . . . . . 4 RTBU Wins Back Pay for Tram Workers . . . . . . . . . . . . . . . . . . . . 4 Industrial Notes Annual Leave Loading Dispute Sydney & NSW Trains. . . . . . . . . 6 PN EA Negotiations Finally Commence. . . . . . . . . . . . . . . . . . . . . 7 Sharp Increase in EA Terminations. . . . . . . . . . . . . . . . . . . . . . . . 7 General News The Granville Train Disaster Remembered. . . . . . . . . . . . . . . . . . 8 Penalty Rate Cuts Open Door for Future Pay Cuts. . . . . . . . . . . . 9 June De Lorenzo Tribute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 RTBU Holiday Park News. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 RTBU Recognises Three Lifers. . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Another Kick in the Teeth for Newcastle Workers. . . . . . . . . . . 13 The Dangers of Social Media in the Employment Context. . . . . 14

Oliver Resigns as ACTU Secretary. . . . . . . . . . . . . . . . . . . . . . . . 15 Unions Cautious as Newcastle Transport Operator Announced. . . . . . . . . . . . . . . . . . . . . . . . . . 15 200 Jobs Slashed in State Transit wins new bus contracts . . . 16 Driverless Trains on Aurizon Wishlist. . . . . . . . . . . . . . . . . . . . . 17 Parental Leave Changes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Union Slams Metro Rail Construction on Bankstown Line. . . . . 19 Campaign Trail ACTU President Ged Kearney Address WCC. . . . . . . . . . . . . . . . 22 Safety Matters Union Calls for Severe Punishment After Bus Driver Attacked. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Safety Regulator Looking to Scrap Prescriptive Hours for Fatigue Management . . . . . . . . . . . . . . . 23 Whistlestop. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Industrial News Pacific National Drivers Win Appeal After a long hard fight the seven locomotive drivers represented by the RTBU have won an appeal against Pacific National (PN) after being made forcibly redundant in July 2015.

In a decision which has delighted the RTBU NSW Loco Division and the loco drivers, the Fair Work Commission (FWC) rejected PN’s claims that these dismissals were genuine redundancies and remitted their unfair dismissal applications to the FWC for re-hearing.

The Fair Work Commission found that Pacific National failed to minimise the impact of forced redundancies by way of redeploying employees to the employee’s enterprise or an associated entity of Pacific National in a manner know as “VR Swaps”.

PN knew at the time that these dismissals took place that

there were potential VR Swap’s that these Loco Drivers would have redeployed into, but failed to pass this information onto the affected employees.

Since this decision was handed down we have been advised that PN are once again making employees redundant, this time at their Antiene depot.

In an effort to reduce and or try to mitigate the impact of this new round of forced redundancies, we are seeking any PN members who would consider a VR Swap regardless of what PN entities (business units) they belong to.

RTBU Wins Back Pay for Tram Workers The RTBU Tram & Bus Division, have had their 10-month long struggle to negotiate fair pay and conditions for the Tram workers at Pyrmont, vindicated in the Fair Work Commission. The decision in November awarded roughly 90 workers at Pyrmont trams back pay for a year.

“After a long fight with the employer, we’re very pleased that the Fair Work Commission has awarded tram employees the back pay they deserve” RTBU Divisional Secretary Chris Preston said.

“Our members have been struggling to deal with a massive increase in commuter numbers, overcrowded carriages, unrealistic timetables and angry commuters.”

Mr Preston said that the union has consistently raised its concerns with the company about dangerously

overcrowded carriages, increased driver shift limits and unrealistic passenger turnaround times, but it has been ignored.

Patronage on the light rail has soared over the past year due in part to a 5.6-kilometre extension to Dulwich Hill, prompting the operator to recently put on 90 extra services a week.

“We’ll continue to campaign on behalf of our members and commuters for better, safer working conditions and realistic operating times.”

“At the end of the day, it’s about getting commuters from A and to B safely. You can’t do that with stressed, fatigued tram operators and dangerously overcrowded trams rushing to unrealistic timetables.”

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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.

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When It Matters

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Industrial Notes Annual Leave Loading Dispute Sydney & NSW Trains Members at Sydney Trains and NSW Trains have raised a number of occurrences where they are not being paid their Annual Leave Loading entitlement.

The non-payment of this entitlement has been linked to Transport Shared Services Payroll not paying employees more than the yearly allotment of annual leave loading (4 weeks Leave - 152 Hours Nonshiftworker/ 5 weeks leave - 190 Hours Shiftworker) irrespective of whether the annual leave being taken is for (2) separate years rostered annual leave.

An example of this is: an

employee clears their full 2016 rostered annual leave in June/July, this would attract the 152 or 190 hours of annual leave loading.

The same employee then commences the 2017 rostered annual leave in December 2016 they will not be paid annual leave loading on any days/hours that fall in December 2016. Management have indicated that employees would still get their annual leave loading for that period but this would not take place till the end of 2017.

It is the Union’s position that employees are entitled

to receive annual leave loading for all annual leave taken and this is to be paid at the time of clearing the annual leave.

The RTBU has placed this matter into dispute as this is a breach of the relevant EA Clause 27.2 (NSW Trains) and Clause 28.2 (Sydney Trains). It is clear from these Clauses that Annual Leave Loading is paid in addition to your annual leave. We have also spoken to Sydney and NSW Trains Management about the fact that the non-payment of annual leave loading at the time of clearing annual leave is

a denial of an entitlement and the intent of leave loading was to compensate employees for lost earnings whilst they were on annual leave.

Members who have cleared or are in the process of clearing their 2017 rostered annual leave should check their pay dockets to see whether they have been paid their entire annual leave loading. If you find that you have not you should contact your local Delegate and/or the RTBU Office with details.

Pacific National Ignores Decision and Sacks Workers In early February, Pacific National terminated the employment of twelve Hunter-based train drivers and finished up another 27 through voluntary retrenchment - even though there is work available at other nearby depots and other locations within the business.

RTBU National Secretary Bob Nanva said it was evident that Pacific National was embarking on a casualisation drive – offering all 39 workers casual work at the same time as making the 39 roles redundant.

“Pacific National is intent on forcing a large percentage of Coal train drivers onto casual work, and undermining enterprise agreement coverage of other workers.

“The company could reduce the impact of forced redundancies by allowing employees from other areas to swap a redundancy, however it has constantly refused to allow this to happen.”

Slap-Down for PN in the Fair Work Commission Mr Nanva said the aggressive behaviour of PN in

terminating the employment of train drivers in the Hunter had forced the RTBU to run a number of unfair dismissal cases over the past two to three years.

In a major win a week prior to the terminations (see previous story), the Full Bench of the Fair Work Commission handed down a decision in an appeal matter over one of those cases.

The Full Bench held that the sackings were not genuine redundancies, because PN had failed to consider whether those drivers could be re-deployed to other positions. The RTBU will now re-lodge unfair dismissal claims.

Mr Nanva said the RTBU was concerned that Pacific National was using the lure of possible casual employment as a means to dissuade sacked workers from making complaints.

“The RTBU is currently looking into legal action on behalf of the employees who will be terminated.”

Page 6 RAIL & ROAD March 2017

PN EA Negotiations Finally Commence

Negotiations have finally commenced on replacement Enterprise Agreements for all PN business groups.

Locomotive delegates on the Pacific National negotiating team are Peter Mundey from Taree Depot, Elliot Hackett from Junee depot, Dan Hathaway from Melbourne depot and Brett Dawson from Port Augusta depot. If one of those delegates is unavailable, then Dave Mathie from Sydney depot will take their place.

The RTBU Officials are Leanne Holmes, National Organiser, and Brian Head, NSW Branch Locomotive Division Organiser.

Both Bob Hayden, NSW Branch Locomotive Divisional Secretary, Allan Barden, Assistant National Secretary, will attend the meetings subject to availability.

There have been three meetings to date with Pacific National Management where the RTBU negotiating team has been strongly pressing your Log of Claims to the Company.

Negotiations are already proving difficult with little give from the Company, which clearly wants flexibility in Employment classifications and Rostering, as well as expansion of Relay Working and Driver Only Operations and a reduction of procedures for the implementation of DOO. This will be a tough and hard round and we will need your support and assistance in making sure we get a fair and equitable outcome.

Members will be kept informed of developments.

Sharp increase in EA terminations Many members will remember the 2015 RTBU case against Aurizon’s attempt to terminate the QLD Enterprise Agreement. Ultimately, the Fair Work Commission ruled in Aurizon’s favour, allowing the company to terminate a series of hard-fought union agreements.

This was a crucial case and the outcome was a slap in the face for workers. Since then, there has been a dramatic increase in employers attempting to terminate so-called “legacy” agreements, according to new government data.

The data shows that the FWC terminated 416 agreements in the first three quarters of 2016 alone. Around half of these covered construction and manufacturing workers and the majority were union agreements. This is a sharp rise from 275 terminations in 2015 and 156 in 2014.

The Department of Employment says that employers aren’t “avoiding” the Fair Work Act when they seek to terminate enterprise agreements and use labour hire (providing minimum wages are paid). But it’s clear to us that this is just another example of employers taking advantage of anti-worker governments to undercut wages and conditions.

PN Coal – Master Roster Dispute Pacific National have been pushing on with employee redundancies while attempting to force their roster proposal on employees without proper consultation. Recently a HBT delegate raised a formal dispute with the General Manager. Rather than discuss the dispute locally, he saw fit to have the company Law Firm lodge the matter with the Fair Work Commission for conciliation.

After hearing the parties arguments, the Senior Deputy President who conciliated the case made a formal recommendation as allowed for under the enterprise agreement. The recommendations are stated in the memo opposite.

Your delegates and officials have consistently pointed out concerns and EA compliance issues with PN’s roster.

The FWC recommendation is a positive step and will provide members the opportunity to raise concerns and have them addressed through a proper consultative process that has the ability to identify real concerns and have them addressed.

Members should raise any concerns with the Roster Committee and or your Union delegate.

RAIL & ROAD March 2017

Page 7

General News 40 years on: The Granville Train Disaster remembered

January 18, 2017 marked 40 years since the Granville Train Disaster – the worst rail disaster in Australia’s history.

When commuters from the Blue Mountains to Central Station said goodbye to loved ones on the fateful day of January 18, 1977, no one could have imagined that it would be their last time.

The train derailed near Granville station, and hit one of the Bold Street Bridge supports and the 170-tonne structure collapsed on

carriages three and four, killing almost everyone inside. 83 people tragically died that day, with dozens other people injured - making it the worst rail disaster in Australia's history .

RTBU NSW Secretary Alex Claassens joined with Prime Minister Malcolm Turnbull, NSW Premier Mike Baird, and NSW Transport Minister Andrew Constance, as well as representatives from Transport for NSW, community leaders, and members of

the armed forces, to commemorate the tragedy and all those affected.

The anniversary was marked by a remembrance mass and wreath laying ceremony.

“We will never forget, We will always remember, These names will never fade, In our minds and in our hearts, With their God they rest.”

The RTBU NSW sends its respects to the victims and their families, and all involved that day.

Page 8 RAIL & ROAD March 2017

Penalty Rate Cuts Open Door for Future Pay Cuts ACTU President Ged Kearney has said that the Fair Work Commission’s (FWC) decision to radically cut Sunday and public holiday pay will give almost one million Australian workers a huge pay cut.

The Australian Council of Trade This decision is a game changer for decision now leaves the door open Unions (ACTU) has called on industrial relations in Australia. The for pay cuts for all Australians who the Turnbull Government and all independent umpire makes decisions rely on penalty rates and public political parties to immediately act based on the rules they are given. holiday pay to support themselves to protect working people from any These rules are contained in our and their families, including nurses cuts to their take home pay, as the laws. We need the rules to change so and all other frontline emergency cuts are due to come into effect on 1 penalty rates cannot be cut and our service workers”.

July, 2017. parliament must act now to protect Labor leader Bill Shorten blasted working people.

Hospitality, restaurant, fast food, the decision, saying it was a "mass retail and pharmacy workers will "The ACTU will never accept cuts pay cut" that was a "kick in the guts" have their Sunday penalty rates to penalty rates that result in cuts for low-paid workers. He sought cut between 25% and 50%. Public to take home pay and this is exactly to sheet home the decision to the holiday pay was also slashed by up what this decision has done. " Turnbull Government rather than the to 25%.

Fair Work Commission.

"Unless he acts now, Prime Minister Given that Minister Michaelia Cash Malcolm Turnbull will be forever Shorten argued the government has bragged about her appointments remembered as the prime minister ordered the Productivity to the Commission, it is no surprise who oversaw the cutting of the take Commission to "investigate the case who the Turnbull Government home pay of almost one million of for cutting penalty rates" and the appointed Commissioners are Australia’s lowest paid workers."

PC findings in 2015 had "formed working for. the basis in large part" of the FWC Retail, fast food, pharmacy ruling on penalty rates.

This is a loss of up to $6,000 per and hospitality workers work year for some workers. No worker extraordinary hours and deserve "No Australians' penalty rates are will be better off as a result of this to be compensated for working safe under this Government. decision. on weekends and late nights when "It is a weak and unfair decision the vast majority of the Australian This is a cut Australian workers because it hurts enterprise workforce does not. cannot afford and do not deserve. bargaining and productivity."

The decision also comes a day Families across Australia rely on Shorten said "the FWC decision is after record low wage growth was penalty rates to put food on the table part of a two-stage process and that reported for the second consecutive every week and to keep households Labor will front up to argue before quarter. Australians deserve a pay afloat in difficult times. the tribunal that the cuts to penalty rise, not a pay cut.

Ms Kearney has stated that “This rates should not proceed."

Editorial Comment – Penalty Rate Cuts Almost as concerning as the announced cuts to penalty rates in hospitality, retail and fast food, are some of the polite responses from major groups as to how to combat these proposed changes. There is a call from sectors of the community for our political leaders ‘to do the right thing’ and oppose the cuts. Alternatively, there are calls from various quarters to ‘grandfather’ existing conditions, and effectively establish a dual class of workers in these industries – those before and after the Fair Work decision. Apart from obvious industrial problems with this approach, it seems to ignore the age and gender demographic and insecurity of employment prevalent in these industries. There are also appeals to sign petitions to express our ‘concern’ at these cuts.

It would seem that this is as good a time as any for

RAIL & ROAD March 2017

the union movement and community organisations to campaign more directly to prevent these cuts and further erosion to wages and working conditions in other industries. It may be worth considering a more overtly public campaign of direct action aimed at major employers in these industries, including major supermarket, fast food and retail chains. One option may be to secure undertakings not to implement these changes in the workplace, or face name, shame and boycott action. Another would be to campaign for higher base wages in these industries to compensate for any loss in penalty rates. What we can be sure of, is that without an effective and widespread campaign to prevent or provide alternatives to the penalty rates cuts now, it will almost certainly result in further and broader attacks on workers fundamental working conditions.

Page 9

Mike Bairds retirement met with smiles by Hunter Workers The Newcastle Herald reported that news of Mike Baird’s retirement has been met with smiles and delight among some union representatives, who say the outgoing NSW Premier would not be missed in the Hunter Region.

Chris Preston, the NSW Tram & Bus Divisional Secretary of the Rail Tram and Bus Union, said Baird’s “disgraceful” legacy for Newcastle would be the “death of public transport in the second largest city in NSW”.

Mr Preston said he wished Mr Baird’s retirement had happened much sooner.

“If Mike Baird had jumped ship 18 months ago, who knows? We might have kept Newcastle buses and ferries in public hands,” Mr Preston said.

“I was quite pleased to hear he was leaving politics.

“Let’s hope the incoming premier has a more sympathetic view to the public sector workers and the jobs that they do.

“He privatised most of the state, or tried to at least, and public sector workers definitely don’t enjoy privatisation.”

Secretary of Hunter Workers, Daniel Wallace, echoed those sentiments, adding that Baird had short-changed the Hunter.

Mr Wallace said Mr Baird’s privatisation of the Port of Newcastle, electricity assets and public transport had removed the Hunter’s connection to the rest of the state.

“He has pretty much sold the farm,” Mr Wallace said.

“In his press release, he said he’d set things up for the next generation, but I don’t think those assets being in private hands is going to help the next generation or have a big effect beyond that.

“If you look at the sale of the port, they got $1.7 billion for it. The deal they had at the time was that Newcastle was meant to get half of that money, and we only got about a quarter of it.

“He didn’t honour that commitment.

“We were short changed.”

Mr Wallace said he hoped NSW and the Hunter were not “naive enough” to think the problems would go once Mr Baird left parliament.

“As much as the Hunter has a plan for growth, the economic plan was to build light rail in Newcastle and the people would come – the Field of Dreams argument,” Mr Wallace said.

“But in reality, what we need is infrastructure that gets people from one side of the lake to the other, and to fix up the bottlenecks like Hexham and City Road. They are small problems now, but if we don’t fix it now and get the funds for it, then we might end up with the bottlenecks Sydney has got.

“We are the second biggest city in NSW – we deserve a lot more than two visits a year and a light rail that a lot of people didn’t want."

Stop Press The latest attack on Newcastle workers has come with the announced closure of Newcastle call centre by NSW Trains. See story page 13

Transport Equip system coming to Sydney Trains in July The RTBU have attended consultative meetings regarding an integration of Payroll, Human Resources, Procurement and Finance so that these all occur from one place and not across multiple systems and processes.

Transport Equip is the Enterprise Resource Planning there will be less detail on the payslip and the award rate (ERP) solution being used by TfNSW staff and Senior changes from annual to weekly as per Section 4 of the Service since July 2015 and Rail Management Service EA. (RMS) since March 2016. NSW Trains staff have started Since Transport Equip is currently being implemented at to use the new system from January 2017. Sydney Trains NSW Trains, information arising and any impacts will be will move to the new system in July of 2017. dealt with before Sydney Trains begins to use the system.

Train crew will experience changes to the way their pay At this point, all previously identified issues and docket is formulated and the information it contains. The information tabled by the RTBU has been answered. delivery method will be the same – that is, electronic or Members are encouraged to contact the office for further hard copy will be provided. The major changes are that information if required.

Page 10 RAIL & ROAD March 2017

June De Lorenzo – Tribute June De Lorenzo (later June Gabriel) passed away in December 2016, aged 86.

successful in extending paid maternity leave to women bus, rail and ferry employees.

June was a lifelong activist for workers rights, and in particular, the rights of women workers, equal employment opportunity, as well as for retired workers and superannuants.

Her list of achievements are long and a snapshot of some of June’s groundbreaking efforts in winning rights for generations of workers is provided here.

• Followed by a successful campaign to end age discrimination against women bus workers, where previously men could be employed until the age of 54, but women only up to the age of 34.

• She was widely acknowledged as the ‘driving force’ behind the campaign for women to be trained and employed as bus drivers in New South Wales in 1970, when she was a bus conductor (and later driver), and activist at Waverley Bus Depot • In 1986 she became the first female President of the male dominated AT&MOEA (Australian Tram and Motor Omnibus Employees Association – forerunner to Tram & Bus Division of the RTBU), and delegate to NSW Labor Council, where she regularly locked horns with the male union leadership A tribute in NSW Parliament The Hon Sophie Costsis MLC – after attending events to commemorate the 40 year anniversary of Women Bus Drivers, including a meeting of the RTBU Women’s Campaign Committee, addressed by June, made the following comments.

I was also privileged to meet with June de Lorenzo, the lead campaigner from the Waverley depot, who led the women bus drivers campaign and who moved an historical resolution for women to train and become government bus drivers in 1970. June de Lorenzo and her colleagues are to be congratulated. It is thanks to her and many strong women in transport services who have successfully campaigned for the right to equal access to work and pay opportunities as men in the workplace.

June is a terrific person. Her passion for equal and fair access to opportunity is relentless. Even today she is out there fighting. I love that great Australian spirit. June said to me, "You get nothing without a fight, love."

(Reported in Rail & Road, December 2010) • 1975 – the same women at Waverley and Brookvale Depots fought to extend the same paid maternity leave entitlements to bus drivers as were granted to other female Government employees. Through representations to Labor Council this action was

RAIL & ROAD March 2017

• Also won right for women bus drivers to continue to work during pregnancy, where previously they were stood down.

• As President of the ATMOA, and delegate to NSW Labor Council, and the Labor Council’s Working Women’s Charter Committee, she joined forces with Betty Spears, and was instrumental in having NSW’s first workplace child care centre established at Tempe Bus Depot.

When June 'retired' she took the fight to a different arena, working for the Combined Pensioners and striving to improve the conditions in Nursing Homes. She was active in campaigns against the introduction of a GST, and the last period of her life focused on issues around Aged Care and Nursing Homes.

• June represented the CPSA on the Federal Government’s Aged Care Accreditation Agency.

• She also began to attend meetings of QACAG (Quality Aged Care Action Group), and taking part in the campaign to retain nurses in nursing homes.

• June was not content to simply defend and protect existing working conditions, she dedicated her efforts to extending these rights, often breaking new ground.

In the last few weeks of her life, ironically June ended up in one of those nursing homes.

June’s lifelong passion was summarised in the eulogy delivered at her funeral, where she was cited as providing the following explanation for her extraordinary life "My Grandfather drove the first train to Bourke.

He was a railway man, as were my brothers and uncles.

My Grandfather struck in the 1917 strike and was a strong union man. He told me 'die with your principles intact. You have to prove that everybody doesn't have a price. That's what I live by."

She was, in Joe Hill’s words, ‘the Rebel Girl’.

The RTBU and NSW Nurses and Midwives Association will jointly nominate June for a UnionsNSW Scroll of Honour in recognition of her lifetime of activisim.

Page 11

NEWS The RTBU Holiday Park has had another busy Summer, with members and their families and friends visiting the Holiday Park over the holiday period.

New Park Managers Long-term Holiday Park managers, Kevin and Allison Lewocki have called it a day, and have moved to Crookwell to take up a career in farming. The RTBU would like to thank Kev and Allison for their many years of service and caring for the Holiday Park and guests. In November 2016, Karen Farrugia and Peter O’Connor were appointed as the new Park managers.

Australia Day at the Holiday Park Branch Secretary, Alex Claassens took time out at the RTBU Holiday Park over the Australia Day holiday where he was joined by regular visitors to the Park for an Australia Day BBQ, and a brief flag raising ceremony, with Alex supplying a new Australian and Indigenous flag for the Holiday Park. He made a brief speech to those assembled to commemorate Australia Day, officially welcome the new Park managers and to provide visitors with an update on future plans and directions for the Holiday Park.

Improvements at the Park A number of measures have been carried out recently to improve the amenities for guests at the Holiday Park. In the last year, all cabins have been fitted with new beds, mattresses and bed linen.

Lighting in the cabins has also been replaced and upgraded with LED lighting, providing more reliable and cost-effective lighting. Other works carried out recently include new covers and venting for the septic systems, new lighting in the caravan amenities block, as well as flexible showers in disabled showers. Work is also being carried out to rectify electrical systems in the grounds of the Holiday Park, as well as replacing timberwork around cabins which has become aged and deteriorated.

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.

Follow what is happening at the Holiday Park and encourage family and friends to Like Us on Facebook RTBU Holiday Park Jervis Bay

Page 12 RAIL & ROAD March 2017

RTBU Recognises Three Lifers

Three long-serving RTBU members were awarded Life Membership for their years of dedication to the union and its members. Michael Farhat, Terry Missingham and Chris Doyle, all now retired, were recognised and presented with their Life Membership at the March Branch Council. On hand to share anecdotes and to praise the work of Michael, Terry and Chris, were former Branch Secretary Nick Lewocki, former RTBU Organiser and Branch President, Phil Kessey, former Organisers Ken Sullivan and Don McKechnie, as well as Branch Secretary Alex Claassens, Locomotive Divisional Secretary Bob Hayden and Branch President Joanne MacCallum.

New InterCity Fleet (NIF) The State Liberal Government has purchased a new train fleet from South Korea, which they believe does not require Train Guards for operation. The Rail, Tram and Bus Union is strongly against this and holds the position that this action is unsafe.

The Secretary, along with delegates from the Locomotive and Train Guards Sub-Division were part of a joint tour with NSW Trains Management to visit InterCity Depots.

The presentations were held in two parts with management presenting their proposal and then the RTBU and was

given the opportunity to speak with the members.

It is Management’s and Government’s position to remove the Guard from the new intercity trains, whereas the RTBU are running a strong safety message in their stance to keep the Guard on the train, with a backup position of keeping the Guard on the train but in a different role.

We were encouraged by the response from the membership in particular the support for their delegates and one of the responses was that management presented loss where the union gave hope.

Another Kick in the Teeth for Newcastle Transport Workers The Rail Tram and Bus Union of NSW is condemning a NSW Liberal Government decision to close a Newcastle based NSW Trains call centre where 71 people are employed.

NSW RTBU Secretary Alex Claassens said the closure showed a disregard for 71 people and their livelihoods, saying that the union would fight for their member’s conditions and entitlements to be protected, and the provision of a proper consultation process for the employees regarding their future.

“This is another kick in the teeth for the people of the Hunter by an out of touch Liberal government, which is taking more jobs from the community.”

“Plunging 71 people into this kind of uncertainty is unacceptable, and quite frankly ruthless, the government

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needs to do better to conduct a proper consultation process to help ensure a clear future for these people.”

“Abruptly closing down a centre that has been providing excellent service to regional rail and coach customers for more than 10 years without offering security for workers conditions and entitlements and their future is just plain rough.”

“It’s a disgrace, many people will be out of a job, or worse if they want a job they will have to compete for a position at a lower wage rate."

“These people have been given the option of competing for a job with lower income, taking a redundancy cheque, or joining an employment pool for NSW Trains which may land them a job that requires them to relocate – the options aren’t great,” Mr Claassens said.

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The Dangers of Social Media in the Employment Context (Article thanks to Michael Barnes, from RTBU’s legal firm Carroll & O’Dea Lawyers) Social Media can have a very expansive definition however, for our purposes, we will limit Social Media to user-generated content in an electronic form which is shared with third persons.

It does not matter if those third persons are “friends” or unidentified groups of recipients or individual recipients.

If you, as the user, are sharing your opinions in relation to any aspect of your employment, then you are at risk of having that behaviour scrutinised by your employer and having adverse opinions formed against you.

You are at risk of your behaviour being grounds for the termination of your employment. Employees need to be mindful: 1. They remain accountable to their employer for aspects of their conduct outside the workplace if there is sufficient connection between the conduct and their employment; 2. Case law has established a sufficient connection exists if the employee has made comments about their employment including comments about the employing entity itself or members of staff.

3. Employees do not necessarily have control over who may access what has been put on social media. Perhaps a “friend” is no longer a friend and they determine to release the information to the employer or other employees.

Venting about what is happening in the workplace when you are simply talking to a close family member at home is completely different from putting that same content on social media.

Case law has been developing in this area over a number of years and it is no longer remarkable that there are cases relating to termination of employment following employees’ use of social media and endeavours by such employees to bring claims for unfair dismissal.

What is, on one view, remarkable, is that employees are not more aware of their vulnerability and potential exposure when they use social media.

In a matter involving a Mr Little, it was established that Mr Little was sharing opinions with a cross section of persons on the employer’s official Facebook page, which included fellow employees.

He sought, in part, to defend his position by claiming what he had communicated was simply a joke.

However, it was contrary to the employer’s social media policy which provided, in part, the use of social media websites should be limited to work purposes and misuse will not be tolerated. Such misuse included using the site for personal use during work hours or making disparaging comments about coworkers, managers and customers or the employer online.

It was noted in the decision even if the employer had no policies, one hardly needed written policies or a code of conduct to understand and appreciate: 1. The kind of sexual comments that were made about the new employee were grossly offensive and disgusting and were more than likely to cause hurt and humiliation; and

2. The comments made by the applicant were likely to adversely impact upon the employee’s relationship with that organisation and damage the employer’s wider reputation.

The fact that the employee made such comments outside of work hours was of no consequence.

What is important is whether the conduct, when viewed objectively, is likely to cause serious damage to the relationship between the employee and the employer or damages the employer’s interest or is incompatible with the employee’s duty as an employee.

An individual employee’s intention behind social media posts will not necessarily determine the outcome of any action taken by the employer or of any Tribunal that hears an unfair dismissal claim.

Accordingly, employees need to be cautious when seeking to assert their rights to express an opinion or if they become too caught up in the concept of freedom of speech or freedom of expression. There are real limits on what you may say in person or post on social media.

A prudent employee might ask themselves if they would like to see their post or email on the front page of the daily newspaper. If the answer is no, then don’t post it.

The fundamental lesson is to not use social media for an anti-social purpose.

If you have concerns relating to these issues you should certainly consider discussing them with your Union representatives and of course you are welcome to contact Carroll & O'Dea for an obligationfree first consultation.

Page 14 RAIL & ROAD March 2017

Oliver resigns as ACTU Secretary ACTU Secretary Dave Oliver made a surprise announcement at the end of January that he was stepping down, effective immediately.

ACTU Vice-President and Campaign Director, Sally "This has not been an easy decision for me.

"I have taken it because the time is right for both the McManus was elected unopposed to the position of ACTU and myself. The time has now come for me to ACTU Secretary, and has already been the focus of spend more time with my family. media and political commentary in relation to her views on unionism.

A former ASU official, McManus has won support for her work, including on the 2016 federal election campaign .

Oliver, said in a statement that it had been a privilege to serve the Australian union movement for 30 years, including five as ACTU Secretary.

"Now is the time for renewal at the ACTU, with a new generation of highly-skilled, diverse and motivated leaders each of whom are capable of fulfilling a critical leadership role."

"My family has always supported me and now it's time for me to support my family. The union movement has always been greater than any individual person.

"It has been so for more than 150 years and will continue to be one of the most critical institutions that will fight against inequality and stop Australia going down the path of the United States", he said.

Oliver was elected as ACTU Secretary in 2012, and was previously AMWU National Secretary.

The RTBU, along with the rest of the union movement thank Mr Oliver for his efforts on our behalf, and wish him well in his future endeavours.

Union cautious as new Newcastle Transport operator announced The Rail, Tram and Bus Union has cautiously welcomed the announcement that Keolis Downer will take over Newcastle Transport’s operation, marking the end of an era for Newcastle Buses and Ferries.

RTBU NSW Tram and Bus Divisional Secretary Chris Preston said, “We welcome better integrated transport for the city of Newcastle, but remain cautious for our members as they transition from one employer to another.”

“It’s a great step forward for Newcastle transport workers who can now finally put a face to their future employer, and will soon get some clarity about future work conditions.”

The transition to the new operator Keolis Downer, from Newcastle Buses and Ferries staff, will happen in July 2017.

“Whilst it’s business as usual for the public transport workers of Newcastle, the RTBU will be in contact with the new operator at the very first available date, to continue to advocate on their behalf throughout this transition.”

RAIL & ROAD March 2017

“Until we know exactly what conditions public bus and ferries workers will be working under come the 1st of July 2017, we will continue to be cautious on their behalf.”

“We hope that Keolis Downer’s planned improvements to services in 2018, will have public transport workers and the public they serve at its forefront rather than economic efficiencies that impact on services.”

“We look forward to this being a positive project for the people of Newcastle and the Hunter, with smoother public transport integration and much needed revitalisation,” said Mr Preston Unions meet with new Newcastle transport operator Keolis Downer All representative unions met with the new operator Keolis Downer at UNSW on the 16th of January.

KEOLIS Downer has been awarded a 10-year contract to operate Newcastle’s public transport system, including the new light rail. The tender also includes Newcastle buses, ferries and interchanges.

In attendance at the meeting was Keolis Downer CEO Mr Campbell Mason. The CEO made it clear that they would honour the MOU that has been signed, and indicated that they wanted to commence negotiations as soon as possible.

Since the meeting, the RTBU Tram and Bus Division has been in contact with Keolis Downer and are presently setting calendar dates up for weekly meetings which are hoped to start as soon as possible.

RTBU members will be kept informed at regular depot meetings and will also receive minutes that will be mailed out to members.

Page 15

200 jobs slashed as State Transit goes on cost-cutting drive to keep bus contracts About 200 jobs will be axed at State Transit – most of them from support roles – as the government-run operator slashes costs to allow it to hold onto large Sydney bus contracts.

In a blow to staff just two weeks before Christmas, State Transit has told its heavily unionised workforce there will be cuts to back-office support roles and a major overhaul of managerial and salaried jobs.

Some 40 per cent of the 500-strong workforce that falls under the umbrella of “State Transit Executive” will be axed by late next year.

The threat of the Baird government putting State Transit’s lucrative Sydney bus contracts into the hands of private operators has been hanging over staff for months.

As a consequence, the pressure has been on State Transit to slash costs in order to convince the government to extend its four Sydney bus contracts for a further five years.

run Sydney Buses still carries the majority of the city’s passengers.

The government-owned authority’s contracts cover the CBD, the northern beaches, Paramatta, the eastern suburbs and south to suburbs such as Mascot.

A State Transit spokeswoman said expressions of interest for voluntary redundancies would occur in the new year for executive and corporate staff.

“As part of an effort to become more efficient and continue to provide services to Sydney, State Transit has offered to reform parts of our corporate back office,” she said.

“This will ensure State Transit’s metropolitan bus contracts can be renegotiated and ensure taxpayers are getting the best value for money.”

State Transit declined to reveal the cost savings it was targeting.

The combined unions who work for the STA, including the Tram and Bus Division of the RTBU, recently campaigned at bus stops across Sydney to call on the Transport Minister to come clean about Sydney bus privatisation.

After hitting about a dozen major bus locations the government announced its plans for Sydney buses, confirming the renewal a 5 year contract that is set to commence from July 2017.

Following its latest cost-cutting efforts, State Transit has reached an in-principle agreement with Transport for NSW for four new five-year contracts for bus services in Sydney to begin from next July – a year earlier than hoped.

Rail Tram and Bus Divisional Secretary Chris Preston said he was concerned that the loss of about 200 support staff would impact frontline workers and bus services but the renewal of the four State Transit bus contracts would at least safeguard the jobs of 3300 bus drivers at 12 depots in Sydney.

“In light of recent privatisation of bus contracts in Newcastle, and Transport for Newcastle’s transition to a private operator, we’re relieved to see the privatisation tide hasn’t turned for all NSW public buses,” he said.

While private companies such as Hillsbus and Transdev operate bus services in Sydney, State Transit-

Page 16 RAIL & ROAD March 2017

Employers, unions call for end of award review process Australia's two biggest employer groups have joined forces with the ACTU to ask the Turnbull Government to scrap mandatory four-yearly reviews of awards.

The three organisations last month sent a rare joint letter to Employment Minister Michaelia Cash asking for the change, which would require amendments to the Fair Work Act. The AI Group's head of national workplace relations policy, Stephen Smith, said the AIG strongly supported the abolition of four-yearly reviews – before the next review is scheduled to start on January 1, 2018 – as was recently recommended by the Productivity Commission.

"For the past six years, the award system has been in a constant state of major review, with numerous major award cases underway at any point in time," Smith told Workplace Express.

"The current four-yearly review has been continuing for three years, with numerous cases programmed throughout next year.

"It is vital that the whole process does not start again at the end of 2017", Smith said.

The Fair Work Act requires four-yearly reviews of awards to be conducted by the FWC under s156.

Former ACTU secretary Dave Oliver said the four-year award review had become a "very labour intensive process".

"From our point of view we have spent the bulk of the time playing defence, trying to defend the existing conditions in awards."

"So we're supportive of ending it on the basis that we’re still we’re still able to maintain and improve awards."

ACCI chief executive James Pearson said the Chamber agreed with the Productivity Commission recommendation that the requirement for continued four yearly reviews of awards should be scrapped.

"Under the Fair Work Act as it stands, another four yearly review will commence shortly after the current one concludes," Pearson said.

"Repeating a continuous cycle of reviews is unsustainable and would place considerable demands on the resources of the parties and the Fair Work Commission."

However, Smith said s156 could repealed and parties would still be able to vary awards under section 157 or 160.

"We can confirm that the Australian Chamber, in conjunction with the Ai Group and ACTU, has been involved in constructive dialogue with Senator Cash's office to resolve this issue."

"Currently, applications under these sections are uncommon because awards have been in a constant state of review."

Senator Cash's office declined to comment, but the Government is understood to be considering the proposal.

Driverless trains on new Aurizon CEO’s wishlist?

A recent article in the Australian Financial Review speculates that introducing driverless trains and continuing to cut staff could be among the changes that new Aurizon CEO Andrew Harding will make to the company.

Harding replaced Lance Hockridge in December and was a former boss at Rio Tinto.

The article notes that as a Rio Tinto boss, Harding was in charge of developing the company’s driverless trains rail system to haul iron ore in WA. The AFR reports: “Analysts expect that automated trains will be one of

RAIL & ROAD March 2017

many efficiencies that Harding could eventually introduce at Aurizon even at the risk of strong opposition from unions, some politicians and possible regulatory issues.

“Other efficiencies at Aurizon that analysts have focused on include continuing to reduce staffing levels and the move to one integrated technology system rather than many legacy systems inherited from

QR National that should improve productivity.”

The article also speculates about the impact of falling coal demand on the company’s growth prospects and the intensions of “activist shareholder” TCI management, which reportedly owns between 6 to ten percent of Aurizon and may push for a buyback or to return capital to shareholders rather than invest it.

Page 17

ACTU calls for law reform after CUB victory The long-running dispute at Carlton & United Breweries has ended with the reinstatement of maintenance workers on their former pay and conditions.

The AMWU and ETU announced today that a deal had been struck with the new management of CUB and called for an immediate end to the consumer boycotts on its beers and ciders.

The peace deal is understood to include a new three-year enterprise agreement covering CUB's main brewery at Abbotsford, in inner-city Melbourne, which guarantees no forced redundancies for the life of the deal.

In October, the new owners of CUB, AB InBev, sought to defuse the dispute by seeking talks before the Fair Work Commission, but this process is understood to have broken down.

The final agreement is said to have ben thrashed out in direct talks between unions and the company, even though the agreement was

signed at the Commission's Melbourne offices.

Unions alleged that a labour hire company engaged by CUB sacked the 55 long-serving maintenance workers at the brewery in June by and told them they could re-apply for the jobs with a new contractor at 65% less pay.

The AMWU and ETU said all picketing workers had been invited to return to work in their previous positions on "fair and decent union terms and conditions, which provide job security to the workers."

"All parties agreed to productivity and efficiency improvements that will be implemented at the brewery," the unions said.

"CUB and the unions have mapped out a better approach based on mutual respect, productivity and a shared passion to make the best beers with the best-skilled workers."

Former ACTU secretary Dave Oliver hailed the end of the dispute as a "huge win" for the union movement and the thousands of people who participated in a national boycott of CUB products.

"We hope that the unqualified success of this campaign is a clear indication to all employers that sham contracting and abuse of the labour hire system will not be tolerated," Oliver said.

"We call on the Turnbull Government to introduce changes to labour hire and subcontracting laws so that no other workers have to go through what the CUB 55 have been forced to endure."

CUB said that all parties are "pleased to resolve this dispute and to refocus their attention on working together to brew the best beers in Victoria."

Parental leave maximum to increase to 20 weeks Employers will no longer have a mandatory role as "paymasters" in the national paid parental leave scheme, while the maximum government payment will increase to 20 weeks, under legislation introduced into Federal Parliament.

The Turnbull Government is seeking crossbench support in the Senate for the revised paid parental leave scheme that is embedded in legislation that restructures income and family support.

The Bill’s changes to the paid parental leave regime are similar to those it has been attempting to pass over the past few years , but this iteration extends the maximum parental pay from the current 18 weeks to 20 weeks.

Parents who are entitled to receive employer-provided paid parental leave of at least 20 weeks at the National Minimum Wage will not receive any parental leave pay under

the government PPL scheme, based on the Government’s view that this constitutes “double-dipping”.

The government will pay the difference where employers' paid leave schemes are less than 20 weeks.

The Bill’s explanatory memorandum argues the changes will make publicly-funded paid parental leave “more fairly targeted to ensure eligible working parents have access to a base level of financial support on the birth or adoption of their child."

"Parents will no longer receive both employer-provided paid primary carer leave (such as maternity leave

pay) and the full amount of parental leave pay under the Governmentprovided PPL scheme."

Although the Bill ends the default paymaster role for employers, they will be able to continue passing on the Government payments if they obtain an employer determination.

This will only be made if the employer has elected to pay instalments, and the employee has agreed to it, using funds transferred from the Department of Human Services.

The Opposition says that about 70,000 mothers will still be worse off under the revised PPL scheme.

Page 18 RAIL & ROAD March 2017

Federal Court Clarifies Long Service Leave Entitlement Issue In an important case for employees seeking unpaid long service leave under the Fair Entitlements Guarantee Act, the Federal Court has affirmed that the administrator of a failed company expunged its long-service liability when it sold the business to a new operator.

Justice Chris Jessup overturned an earlier ruling by the Administrative Appeals Tribunal that found both the company under administration and the company that acquired the business had a liability to pay long service leave to a hotel casual worker with nearly 45 years continuous service.

The worker sought an advance under the Fair Entitlements Guarantee Act for the unpaid leave, and the AAT found she was eligible for a payment.

Because thousands of claims are made under the FEG Act each year, the Department of Employment challenged the AAT ruling for clarity on how the Victorian Long Service

Leave Act should be interpreted in cases of sales of businesses.

The case involved a casual bar worker who had worked continuously at a hotel in the Victorian town of Bright since 1972.

Her employment continued under a number of different owners of the pub.

In 2013, the then-owner of the business went into administration, and the administrator continued to operate the pub until selling the business to a new entity the following year.

While both the AAT and the Federal Court accepted that the woman was entitled to long service leave under the Victorian Long Service Leave

Act, the Federal Court rejected her entitlement to claim under the Commonwealth Fair Entitlement Guarantee Act (the FEG Act picks up various state legislation and other employment instruments to assess employee entitlements when companies go into administration).

Justice Jessup found that the AAT had erred in law to find that both the failed business and the new owner had liability for long service leave.

He said the liability had transferred to the new owner on the sale of the business. In turn, this made the AAT finding that the worker was entitled to claim under the FEG Act invalid.

He set aside the AAT ruling and remitted the matter to the Tribunal.

Union slams metro rail construction on Bankstown line The RTBU NSW have slammed the construction on the Bankstown rail line caused by metro rail, calling it unnecessary and disruptive.

Secretary Alex Claassens said that the union opposed the unnecessary replacement of the line, and the metro rail intersections with the existing rail network, it will cause disruptions to commuters and reduce the efficiency of public transport in Western Sydney.

“The RTBU is totally opposed to the removal of the existing Bankstown line to support single-deck driverless metro trains – it’s an illogical change for no good reason.” Mr Claassens said.

“There is no adequate reason to replace the existing Bankstown railway line, which works perfectly fine already, and has the potential for a much needed increase in services if the government purchased more trains.”

RAIL & ROAD March 2017

“We are adamantly opposed to the introduction of the metro train line wherever it intersects with the existing railway line, because we think it’s inherently unsafe and could potentially jeopardise the integrity of the network.”

Commuters face the closure of Sydney's Bankstown Line for up to two months each year for five years from 2019 and more than the usual number of shut downs at weekends to allow for construction of a new multibilliondollar metro train line. Those closures are in addition to the shut down of the rail line for three to six months towards the end of the construction phase of the project in late 2023.

Page 19

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

Like Us on Facebook at

www.facebook. com/RTBUNSW

RAIL & ROAD March 2017

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 Page 21

On the Campaign Trail ACTU President Ged Kearney addresses Women’s Campaign Committee Ged Kearney, President ACTU addressed the March meeting of the RTBU Women’s Campaign Committee (WCC) and spoke on gender equality, domestic violence clauses for enterprise agreements, density of women in the transport industry, the Omnibus Bill and its direct effects on women and children. Ged also spoke on the need for engaging women in the union movement.

Jan Primrose, Australian Services Union Organiser also addressed the meeting on various issues pertaining to 1800RESPECT Campaign for domestic violence and rape crisis services. Jan gave a brief background on the origins of the Rape Crisis Centre and its current status. She advised that the centre was originally run by volunteers and the Government of the day, being Labor funded through Medicare. Unfortunately in 2014, the Liberal Government privatised this portion of Medicare and subsequently all funding now goes directly to MHS (private health insurer).

This has led to women and children not receiving immediate care, which may lead to further trauma. Jan tabled a petition 'No Profit from Rape', which aims to get the Government to provide funding directly to Rape Crisis Centres, rather than through the private health insurer. The WCC endorsed and then signed the petition which will be forwarded to the Prime Minister.

Narelle Sinclair, who has held the position of Affirmative Action - Road, informed the meeting that she was resigning from her position. The WCC and the RTBU Executive would like to thank Narelle for all her hard work and tenacity in dealing with Women's issues within the transport industry and we wish her all the best for the future.

Page 22 RAIL & ROAD March 2017

Safety Matters National Safety Regulator Looking to Scrap Prescriptive Hours for Fatigue Management A reference group has been meeting, consisting of staff from the Office of the National Safety Regulator (ONRSR), Transport for NSW, Department of Transport and Main Roads, rail operators, including Aurizon, ARTC, Laing O’Rourke, Queensland Rail, ARA, ATHRA, and Keith McMahon representing the RTBU. The ONRSR provided background information on its draft principles for the review of fatigue management. While it was acknowledged that data quality and limited availability of data on fatigue as a contributing factor in incidents, and required further information, it was stated that there was a general move away from prescriptive hours to a risk-based approach.

In considering how to best address fatigue factors, the discussion turned to the need for a legislative review, and the drafting of a code of practice on fatigue management.

The removal of prescriptive hours for fatigue management runs the risk of weakening an already variable fatigue regime, and potentially opening this area to ‘self regulation’.

The RTBU will continue to campaign and lobby for prescriptive hours on fatigue management as essential to maintaining safety. We don't trust employers to selfregulate in this area, and we view the moves by the Safety Regulator as going to the lowest common denominator.

Union calls for severe punishment after bus driver attacked

“The new Premier needs to show the community that attacking a public transport worker is a serious criminal act that will be met with severe punishment.

“Last year a bus driver was brutally murdered whilst on duty – we absolutely cannot allow people to be at risk whilst they work.

“People should feel safe at all times whilst at work, and bus drivers so often suffer from abuse from the public, it’s just unacceptable.

“Bus drivers don’t deserve, and should not tolerate attacks, whilst they work to deliver essential services to the community,” said Mr Preston.

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transport workers seriously by making sure that these low-life attackers receive increased penalties.

“Public transport workers are essential service providers and attacks on them are of the same level as assaulting a police, ambulance or hospital worker.

“We’re relieved that the bus driver has escaped serious injury, but assault is assault, so we want the full force of the law to be brought down on the assailant to show the seriousness of this crime.

“The Union condemns any attack on our bus drivers and we demand that if the perpetrator is caught and that they receive a punishment with a severity befitting the crime.

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The Rail Tram and Bus Union of NSW has condemned an attack on an STA bus driver whilst on duty in Campsie in February.

The bus driver narrowly escaped serious injury after being punched in the face whilst sitting outside his bus on a rest break.

Chris Preston, Secretary of the Tram and Bus Division of the RTBU says that public transport workers are essential service providers, and any attacks on them should be taken as seriously as an assault on a police officer or emergency service worker "This is a lucky escape, this could have been a tragic one-punch incident, and we call on the new Premier to take assaults on public

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Engineering and Maintenance Directorate Safety Focus Sessions For the past seven months the RTBU and the ETU have had countless discussions in relation to how Sydney Trains conducts safety investigations, the level of responsibility put on employees, implementation of worksite protection, fatigue management issues and the overall culture of how safety is managed within Sydney Trains.

We have presented various proposals which include a standalone Protection Officer stream which would see a dedicated protection officer who is solely focused on their Protection duties. Sydney Trains current arrangements have employees performing their normal duties in addition to their protection responsibilities leading to added pressure on the individual.

We also proposed the introduction of safety committee’s chaired by senior management and rail safety coaches to discuss on an ongoing basis any improvements or concerns in relation to safety with representatives from the front line staff. These committees would also allow for feedback from employees collected by the rail safety coaches to be heard and addressed. Changes to network rules and procedures was also raised to be an item for discussion at these committees. Currently, changes to network rules and procedures are done by management with little to no consultation from the subject matter experts in the field. Subsequently changes to these network rules and procedures are not sufficiently communicated to employees.

Another proposal was the introduction of a new directorate which focuses on safety. This proposal would potentially give infrastructure workers from the front line opportunities to apply for roles such as Training Officers and Safety Auditors. It is the opinion of the RTBU that this would create a

more robust safety culture in Sydney Trains and also reintroduce subject matter experts with actual experience in network maintenance and major works.

We believe this would also improve morale amongst employees as they would know that anyone conducting a safety audit or investigation would be done by a fellow employee who has experience in the work that RTBU and ETU members perform on a daily basis.

Serious concerns about the current safety investigation process in Sydney Trains have been raised. To many times we have seen RTBU members involved in investigations that have resulted in them being stuck sitting in the depot for months on end losing countless amounts of money as well as them and their families suffering undue stress without any correspondence from Sydney Trains. It was agreed by Sydney Trains management that the current process is insufficient and discussions will need to be had in improving this process.

Sydney Trains have decided that a Safety Reset Program across network maintenance and major works is a necessary first step in working towards a change in safety culture. The information we have received in regards to these safety resets are that they would be in the form of meetings arranged at various locations that allows Sydney Trains to shut their business down for a day

to conduct an interactive discussion with their employees. Sydney Trains management informed the unions that these sessions would be open sessions and would like to engage with employees to speak their minds, without any fear or favour by anyone of any rank in Sydney Trains.

We were notified on Monday, 31st January 2017 that these Safety Focus Sessions would begin on Wednesday, 1st February 2017 with more to be scheduled in the coming weeks.

The RTBU strongly suggested that the proposals and concerns raised by union members during these Safety Focus Sessions are to be used at the end of the process to formulate the basis of discussions between Sydney Trains and the unions on how Sydney Trains can improve on safety throughout their network.

We urge all members to use this opportunity to make your voice heard on how Sydney Trains can improve its safety culture and processes for the benefit of all employees.

As this will be a tough experience for some members, if you have concerns or ideas that you do not feel comfortable raising at these safety focus sessions, do not hesitate to talk to your local delegates or organisers for us to raise these issues on your behalf.

If you have any other concerns please do not hesitate to contact Luke Hayden or Jonathan Parker at the RTBU office on 02 9264 2511.

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Whistlestop

Timothy Gray - Rest in Peace Colleagues of Tim Gray paid an impromptu gesture of respect by writing his name on the front of the steam locomotive 3642 as it set off from Hornsby Station a day after Tim had lost his battle with depression. Sadly, the train driver, larrikin, friend and colleague to many was only 34 years of age when he decided to take his own life in December last year. Tim loved his trains and the journeys they provided, and was described lovingly as a person who would assist others with their problems, would listen without judgement, but didn’t want to burden others with his own battles. Tim will be missed by those who knew him, worked with him and those who loved him.

3642 being driven by Branch Secretary Alex Claassens

We offer an exerpt from his eulogy (from An Engine Drivers Epitaph) in remembrance of a fine young man “My engine now is cold and still, no wateres my boiler fill.

My coal affords it’s flames no more, my days of usefulness are o’er… No more I feel each surging breath, my steam is now condensed in death. Life’s railway over each station past, in death I’m stopped and rest at last.”

Tim B&W image from Trent Nicholson Eulogy wording by Chris Walters

Neil McKeown Retirement Neil McKeown started at Cootamundra railway station on 15 December 1976 as a junior Station Assistant and worked in the Southern region, and was promoted to a Travel Consultant, and worked as a Relief. Neil transferred to Taree in 1991, as a Travel Consultant working the Relief Roster for the North Coast from Taree to Murwillumbah.

Neil held this position until the 4th November 2016, when he was made redundant along with other rail employees. Colleagues and friends attended a send-off for Neil on 15 December 2016, where RTBU retired member Barry Seghers presented Neil with his RTBU plaque.

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ETR celebrates its second annual reunion

More than 150 people from all over the state joined together for the second ETR reunion in recognition of their hard work.

It was pointed out that the attendees had clocked up over 5600 years of service!

The ETR Reunion 2017 welcomed a mix of current drivers and retired drivers, shunters, roster clerks and sign on clerks of the suburban trains.

RTBU Secretary Alex Claassens was there alongside RTBU delegates to support the BBQ effort. Special thanks to Garry and Margaret Durrant for organising such a great event and a good day was had by all.

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.

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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

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RTBU Express Website

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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

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RTBU Change of DeTails foRm

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Change of Personal Details

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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

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RTBU MEMBERSHIP APPLICATION FORM

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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.

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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.

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OF THE RTBU

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

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