VOLUME 112 No.4 December 2020
AND
RAILROAD THE MAGAZINE OF THE NSW BRANCH OF THE RAIL, TRAM & BUS UNION
Merry Christmas and a
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RAIL & ROAD is the official journal of the NSW Branch of the Rail, Tram and Bus Union and is produced as part of the union’s communication strategy 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: unionnetwork@bigpond.com Printing - Brightset, Banksmeadow, (02) 9316 4800 Art & Design - P Design - proberson@hotmail.com - Phone 0402 032 949
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Branch Executive Secretary President Assistant Secretary (Road) Assistant Secretary (Rail)
Alex Claassens Joanne McCallum David Babineau Robert Hayden
Elected Full-Time Officials Branch Secretary Alex Claassens Locomotive Divisional Secretary Robert Hayden Tram and Bus Divisional Secretary David Babineau Tram and Bus Divisional President Daniel Jaggers
Organisers Director of Organising Campaign Director Branch Organisers
Toby Warnes Dan Scaysbrook Helen Bellette Craig Turner Ricky Keehn Trent Hunter Wayne Moody
Locomotive Organisers Freight Passenger
Farren Campbell Steve Wright Kevin Pryor Bob Newham
Industrial Officers Branch Grace Morgan-Cocks Tram & Bus Lizanne Bennett Locomotive Peter Matthews Legal Officer - Locomotive Sarah Scully-Leaf Communications Officer Peter O’Connor
From the Branch Secretary As we wrap up this year, marked by bushfires and the COVID-19 pandemic, I want to once again thank our members for their awesome efforts on the frontline, keeping transport services operating under very trying circumstances. The lack of gratitude from the NSW Government, as it proceeded with its privatisation measures, went about cutting public sector wages, and refused to make masks mandatory on public transport, has stood out during this time. The New Intercity Fleet continues to be a cause of concern at many levels. The trains have continued to arrive, and the testing is progressing, without the involvement of the union or HSRs. Our independent safety evaluation was released in late November and we now know that the NIF operating model is unsafe. Train Crew and Station Staff maintain that they will not crew or assist the new train until all safety concerns are addressed. Recently we have had two hearings in the Fair Work Commission. The appeal for the clause 12 classifications dispute was heard by a Full Bench of the Fair Work Commission on 20 November 2020. The Commission heard the union’s arguments as to why NSW Trains cannot unilaterally change members pay and introduce new classifications during the life of an enterprise agreement. A further hearing was held about Operator Instruction Manuals (OIMs) which we won, with NSW Trains allowing access to the NIF to test the
OIMs. The access provided has been limited and we may rely on a second hearing date scheduled for later in September. In October we wrote to the Office of the National Rail Safety Regulator citing our concerns about the design and operation of the trains. We have yet to see any movement from them, but we encourage all members to get in touch with ONRSR to raise any issues you have with the NIF. The RTBU has now commenced proceedings against ONRSR and Hyundai Rotum Company for granting the latter accreditation to operate on our network without consulting with the Union. The case is set to be heard early next year The Tram and Bus Division managed to push negotiations with the NSW Government by publicly announcing a 48 hour stop work meeting to be held on the 24th & 25th of August. Within 24 hours of the announcement the Government wanted to sit down and negotiate. The issue received massive attention in the media, particularly due to the link to Covid-19 and our push to have passengers wear masks where there are not enough green dots to physically distance. We used this opportunity to leverage commitments around protecting industrial entitlements in any transition to private operations and a commitment to community consultation about any moves to remove routes or stops. During this year, we have also registered some good wins for our members. Our Loco Division recently won a massive
victory in the Federal Court for our Ex-Independent Rail members. QUBE withheld several pay increases that 31 members were entitled to. While the final figure is yet to be announced, all 31 members will be backpaid. The case has been a mammoth effort on the part of members and delegates, who have proven yet again how union strength can achieve justice for workers. We sincerely congratulate all involved. As we go to press, the company has filed an appeal against this decision. In relation to the PN Intermodal Outsourced EA, matters have escalated, with a range of industrial actions being undertaken by the members. In October we saw the passing of two stalwart unionists and defining figures of our union: Bernie Willingale and Jim Walshe. Both started their careers on the railways young, joining the union movement and becoming fierce leaders in the fight for workers’ rights in Australia. Our hearts are with their families and we pay our respects to their great legacies. Our union would not be what it is today without the strength and wisdom of their guiding hands. You can read about their lives and some of their contribution in this edition of Rail and Road. To all members and their families, I wish you all a very Merry Christmas and a Happy New Year and trust that you get some quality time to spend with loved ones.
In this Issue Industrial News Federal Court Win. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PN Intermodal Outsourced EA – Industrial Action. . . . . . . . . . . . 6 Industrial Notes Shift Penalty Issues Update. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Transdev Master Roster Negotiations . . . . . . . . . . . . . . . . . . . . . 7 Total Momentum Rail Ops EA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Win for Transport Shared Services Delegates . . . . . . . . . . . . . . . 8 General News VALE Jim Walshe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 NSW Treasurer Says Public Sector Pay Cut ‘Generous’ . . . . . . 11
Station Staff asked to perform ‘Right of Way’ on the NIF . . . . . Union Win! Certificate 3 in Customer Engagement . . . . . . . . . . Our Transport: How Guards Have Helped You NIF: Letter to Regulator and More Legal Action. . . . . . . . . . . . . A Tribute to Bernie Willingale . . . . . . . . . . . . . . . . . . . . . . . . . . . Safety Matters RTBU Critical of Draft Fatigue Management Guidelines . . . . . . SafeWork Agrees with Station Staff on Prolonged Standing. . . Union Backs Calls for Mandatory Masks on Public Transport. . RTBU Festive Season Office Hours . . . . . . . . . . . . . . . . . . . . . . . Whistlestop. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Industrial News Federal Court Win The Federal Court rejects Qube’s definition of deal’s “re-negotiation” The “re-negotiation” of an agreement takes place when a new deal comes into force, rather than when parties first begin bargaining, the Federal Court has ruled. Considering the RTBU’s backpay claim on behalf of 31 past and present Qube Logistics (Rail) employees, Justice Geoffrey Flick noted that the union’s case hinged on interpretation of Clause 5 of a 2011 agreement, which provided for an annual pay increase “in the absence of renegotiation”. Qube employees covered by the deal received no pay increases on the two April 1 “anniversaries” between its nominal expiry in April 2014 and March 2016, when the replacement agreement took effect. “In summary, the union contends that after the nominal expiry date of the Railways Agreement the employees were nevertheless entitled to the ‘remuneration increase’ referred to in cl 34 of that agreement,” Justice Flick said. “The union contends that ‘renegotiation’ in that context means the completed negotiation of a new agreement, and pending completion of the negotiation process, payments should have been increased pursuant
to clauses 5 and 34. “Again in very summary form, Qube Rail contends that ‘re-negotiation’ only requires negotiations between the parties and that negotiations had in fact commenced. “On the approach of Qube Rail, the trigger for any entitlement to future increases was not enlivened – on its approach, negotiations had already commenced about a year prior to the ‘nominal expiry date’.” Justice Flick concluded that “clause 5 of the Railways Agreement is to be construed such that the ‘renegotiation’ to which it refers is the completion of the ‘negotiation’ process and not the mere commencement of the negotiation process”. Clause 5, said the judge, showed that the parties contemplated that they sit down at some stage and “renegotiate” a replacement agreement. That process, he continued, could start before or after the expiry date of the agreement. Justice Flick discounted suggestions
that clause 5 could be interpreted as entitling employees to a pay increase “in perpetuity”, in the event of the parties failing to secure a replacement agreement. “Such an interpretation would be neither commercially nor industrially sensible nor an interpretation which would sit comfortably with the qualification that the increase was subject to the condition as to the absence of re- negotiation,” said Justice Flick. The decision effectively means that ex-Independent Rail Locomotive Train Crew (IRA) who worked at IRA during the period from the expiry of their 2011 EA up to the approval of the first QUBE Train Crew EA, were enetitled to two wage increase of 3% each in 2014 and 2015. While ordering that Qube pay the outstanding money and interest, the judge declined to impose a penalty for its contravention of s50 of the Fair Work Act. Qube has decided to appeal the decision.
Merry Christmas and a
Happy New Year to all RTBU Members and their Families
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PN Intermodal Outsourced EA – Protected Industrial Action The Ban on Overtime and the Ban on Piloting Duties started at 8 am on the morning of 5 November. What does this mean? From 8 am on 5 to the negotiation table and give A 4-hour stop work meeting – this November 2020, any Pacific National members the decent pay increase that protected industrial action commenced Employee that is an RTBU Member, they deserve. on Tuesday, 17 November 2020 covered by the Pacific National between 10.30 am to 2.30 pm. We are As a result of not hearing from Intermodal Outsourced Enterprise in the process of organising meetings Pacific National and at the request Agreement, started exercising their to discuss any further or continued of Members, we have lodged with legal rights by refusing to work Protected Industrial Action Items. Pacific National in November, three overtime and do piloting duties. more notices of Protected Industrial We have been advised that Pacific These are protected industrial action Action. National is seeking incentive items that our members voted for approvals for AA employees to come • A 4-hour work stoppage, and and Pacific National cannot force in during these periods of protected • A Ban on Unloading the Limestone members to do. The action lasted until industrial action. This is an insult to wagons, and 8:00am on 26 November 2020. the hard working members looking for • A 4-hour stop work meeting The RTBU have also reminded Pacific a decent pay increase and this waste • A 4-hour work stoppage – this National that it is prohibited by law of money could have been added to protected industrial action from taking any adverse action or in the pay increases being sought, and commenced on Friday, 13 any way hindering our members from avoiding having to take these drastic November 2020 between 2 pm and exercising their workplace right to actions. 6 pm. take protected industrial action. Your RTBU EA Negotiation team A Ban on Unloading the Limestone On Friday 23 October 2020, at the two consists of RTBU delegates Paul wagons – this protected industrial Port Kembla Leagues Club member Bentley, Jason McPhee and David action commenced at 8:00am on sessions, it was clear that members Rowley and NSW Locomotive Saturday 14 November 2020 until are very angry and unanimously voted Division Organiser Kevin Pryor and 8:00 am, Thursday 26 November to ramp up and continue with other NSW RTBU Branch Organiser Craig 2020. protected industrial action items if Turner. Pacific National doesn’t come back
Merry Christmas and a
Happy New Year to all RTBU Members and their Families Page 6
RAIL & ROAD December 2020
Industrial Notes
Shift Penalty Issues Update The RTBU has been working closely with Infrastructure members at John Holland since the identification of anomalies with the payments for hours worked outside of normal hours. A matter that remains outstanding is the inconsistency in the way that the backpay for shift penalties was paid. At the Consultative Committee meeting on 22 September 2020, Management agreed to meet with RTBU representatives to explain the process used to calculate and pay the backpay and address any outstanding issues. Every member deserves to be paid properly for the hard work they do. With this process coming to an end, it is important that any affected members review the breakdown they received and forward any further issues to Wayne Moody on wmoody@rtbu-nsw.asn.au
Transdev: Master Roster Negotiations for Tram Drivers The RTBU recently highlighted to Transdev that members are becoming agitated by the level of influence external bodies have on their ability to plan their daily lives. To give workers the freedom to meet their personal commitments, we have been in negotiations to set up a master roster. An appropriately constructed master roster will let staff know what days they would have off, allowing them to plan their everyday lives in advance. Right now, there is no master roster in use, leaving members with uncertainty and confusion in planning and balancing their personal and working lives. During EA negotiations, the company requested a 3-month grace period from the ratification of the agreement for it to embed a master roster. The union and members have been accommodating in the flexibility needed in these 3 months and more. Five months have now passed and no master roster has been implemented or physically displayed for workers to view. This constitutes a breach of Clause 4.3(c). The company has cited constant timetable changes being made by TfNSW, but our members have been flexible enough. Transdev must implement a master roster that doesn’t require the moving of days off due to changing timetables, and it’s up to them to sort out any timetable issues with the government. It’s not for employees to have to wear this. Before seeking the assistance of the commission in this matter, the union is seeking a copy of the current master roster containing all known work, along with the new proposed master roster that will come into play on December 7th, 2020.
TRAM & BUS EXPRESS
Get on the TRAM & BUS EXPRESS Tram and Bus Express is constantly updated with new information from around the depots – including workplace disputes, industry updates and news about RTBU Members. Members who subscribe to the web site get a fortnightly email with links to all the latest scoops. Printed newsletters will also be distributed around depots.
tramandbusexpress.com.au
Total Momentum Rail Ops EA Update Negotiations between the RTBU and Momentum continue to be difficult. Things are also moving at glacial speed, with meetings being held every fortnight for a maximum of two hours (sometimes less than this). In fact, “difficult” is putting it mildly, with basic premises such as a Master Roster seemingly unattainable for Management. And the suggestion from the company of 12 hours minimum work PER MONTH for Part Time Employees is just laughable.
At the start of these negotiations in July, Momentum Management were espousing values such as Genuine Career Pathways, Permanency, Diversity Programs for Women, and ‘giving people vision’ in their work life. Now all we are hearing is the National Employment Standard at the lower end ,and suggestions of multiple book-offs and extended Lift Up and Lay Back at the other.
Hire Companies, however it’s disappointing to see a downward slide of standards that started off so lofty. Your RTBU Negotiating Team will continue to bargain in good faith to achieve the best outcomes for current and future members.
These negotiations were never going to be easy, as with most Labour
Win for Transport Shared Services Delegates The RTBU were advised in November that our Transport Shared Services’ delegates had a monumental win on the personnel and payroll restructure. On 23 October 2020, the Combined Unions submitted an alternative proposal to the Executive Director of Transport Shared Services. Our delegates worked tirelessly around the clock to ensure that the proposal would be taken seriously. Transport Shared Services informed us that they were persuaded by our delegates alternative proposal and would agree to: • Temporary Full-time positions will instead be permanent positions; • NSW Trains payroll will stay at Newcastle; • Transport for NSW payroll will be staying at Burwood; and • Members can take voluntary redundancy if they wish. There are still some issues that need to be resolved around the outcomes for Grade 5 payroll staff and our delegates will continue to push those forward.
Restructure in Transport Shared Services On 22 September 2020, Combined Union delegates and officials attended a meeting with representatives from Rodd Staples office about the proposed restructure in Transport Shared Services (TSS). The meeting was the direct result of the resolution passed by members at the meeting of 8 September 2020. The resolution was passed unanimously: “We are disgusted in TSS undertaking to destroy our jobs during these difficult and anxious times, just to save a few dollars, and request that the unions do everything in their power to halt this unnecessary nonsense.” This resolution was the primary focus of the meeting, however there were many other important issues brought up by your representatives which included the cutting of positions from payroll, and the lack of equity in the proposed restructure. During the meeting, the unions put forward a proposal that Transport for NSW grant an extension of time to allow members to put forward a counter proposal. Rodd Staples’ office suggested that the unions put this request in writing by the 23 September 2020. They also
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welcomed a counter proposal as a positive step forward. The unions will be issuing a letter requesting an extension and formalise intention to put a counter proposal to the restructure. Congratulations to all members for the solidarity that brought Transport for NSW to the table to negotiate about the restructure. This was directly due to your actions in attending the member meeting, endorsing the resolution at the meeting, and sending the letter to Rodd Staples seeking a meeting to discuss the resolution. This clearly demonstrated what a strong unionised workplace can achieve. There has never been a more important time in history to join your union and to be active. In the event members have any questions or comments please contact your local delegate or the RTBU office.
RAIL & ROAD December 2020
General News VALE Jim Walshe : 1931 – 2020 Former NSW ARU Secretary (The main content of this article is an edited extract from Peter O’Connor, On Wooden Rails, 2005, and interviews with Jim Walshe. A number of other quotes from an obituary, and former colleagues have also been included.) Jim Walshe, rail unionist, Labor activist and superannuation reformer was born in Ballybunion in County Kerry, Ireland, a resort town known for its picturesque sand dunes and, in his early years, the rural poverty of Depression-era, newly independent Ireland. (Fergus Walshe and Michael Easson, SMH Obituary, October 16, 2020) Jim started on the railways in 1953 as a Junior Porter at St James Station, after emigrating to Australia in 1952. The Irishman had worked for a short while as a junior on British Railways in London. His mother had worked in the railways in London during the war, and his step- father was active in the British rail unions. At the time he was employed at St James as a Porter the steam era was drawing to a close, there was plenty of work available and the railways were looking for people. While at St James he did his safeworking qualifications and went to Darling Harbour as a shunter. A few years later he went to Goulburn as a Guard where he became active in union matters. To become eligible as a guard, it was obligatory to perform two years of shunting duty. Jim did his shunting time at one of the most notorious and largest shunting yards in the state. At the time there were approximately 500 men employed in freight and 200 in shunting and administration at Darling Harbour. The yard was double level and used gravitational shunting. Apparently, it was common
for rolling stock that ‘got away’ at Darling Harbour to end up in the harbour. On reflection, Jim saw the ultimate closure of Darling Harbour as a ‘good thing’, as it was rough and dangerous work, resulting in the injury and deaths of many workers. “I went to Darling Harbour – it was a ‘death job’ with so many people killed – it remained so for many years Darling Harbour was recognised as probably the largest freight yard in the Southern Hemisphere - like all workers, if trains got away on time then everything was all right –people would cut corners and there would be accidents, people would lose their legs and many were killed. By cutting corners you could get away half an hour early – bosses were happy for that to happen – until something would go wrong, or if there was an inquiry, then it would strictly be by the book for a while until things
RAIL & ROAD December 2020
settled down, then go back to cutting corners.” His time in Goulburn as a guard is filled with memories of good people and good times. “We used to work from Goulburn to Junee, Crookwell,Cooma, and Taralga. In winter going to Crookwell you would have get hot water from the engine to put on points to separate them. The Guard would also do the shunting – you would drop off various trucks along the way. The conditions on the job were not great – the brakevans were 30 feet long with no compartment for the guard – the wind and weather would come through – it was freezing.” The social life was good for the young, single guard: “I really enjoyed it – the woolshed dances with bales of wool over the floor – after a dance you’d have a rum or whisky – purely for warmth of course.”
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A Union Career While working in Goulburn a job came up for the Northern Organiser position in Newcastle – and he was ‘talked into taking the job’. At that time the organiser positions were appointed by State Council, so an early lesson in the numbers game was in order. “In 1960 decisions and deals were usually made at pubs not in the union office – I was bailed up by both factions at the pub and grilled about my credentials – I wasn’t Lloyd Ross’ choice but I had support from others on the Left and Right, so got the job.” The position involved a large area from Newcastle through to Brisbane. Jim would be on the road for at least two weeks out of every five, and running into all sorts of people. “We would have had about 3,500 people in the region. We had members in the buses, and also had members in the Maritime Services Board and the power stations. The ARU then had a competitor union – we had to be careful about strikes – we risked members defecting to the NUR. Had to work hard to hold and recruit members.” Meeting People Jim’s organising role in the North brought him into contact with the spectrum of the union membership. Some of his recollections not only remind us of how union and political business was done at the time, but also of some of the prevailing social conditions. The 1960s are nostalgically remembered for free love, radical and revolutionary politics and recreational drugs – to enhance both of the latter activities. The railways had difficulties adapting to even the minor expressions of the ‘flower power’ generation. Jim recalls having to go into bat for members who were growing their hair longer than the railways thought acceptable. ‘One lad with long hair, he was clean and well-groomed, was sent home by a manager. We had to contact Sydney and object and argue the case before he was eventually reinstated.’ He also recalls his first significant encounter with racism during the ‘make love not war’ period. At the time there was a significant number
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of aboriginal workers in the North and North West. As Jim put it, ‘they hadn’t yet received the vote in general society and elections, but they certainly had the vote in the union’. “It was my first experience of racism. I went to go to a lunch time meeting – the aboriginal guys were sitting in one group having their lunch and ten yards away the anglos were sitting having theirs. I couldn’t believe what I was seeing. They’d work together but didn’t eat together. I got angry and said ‘I am not having two bloody meetings here – come on get together as a group’. I got one of the aboriginal fellows as a union rep. I went to see him at the reservation at night – bailed up by the manager of the reserve, asking what I was doing there. I explained I was there to see my member, and why would I need to get permission. I hadn’t experienced anything like it.” Jim spent 11 years in Newcastle between 1960-1971. In 1971 the ARU was looking for a Traffic Industrial Officer in Head Office. “Again both factions were happy for me to move to Sydney, maybe so they could keep a closer eye on me. At that time the organisers were appointed.” ”In the meantime officers became elected positions – I was elected Traffic Industrial Officer, then as President. When Jack Maddox retired I was persuaded to stand and was elected as Branch Secretary.” Tough in the Clinches The battle for the Secretary and Union leadership was not a gentle affair. Jack Maddox retired as ARU Secretary after 11 years in the job, and involved in some tough battles with the Askin Government and the rail rationalisation and cost-cutting attempts of Chief Commissioner Phillip Shirley. Jim Walshe says that the political barometer of factional infighting within the union would always rise to boiling point with the election for a new Secretary. ‘That’s when the big fights would break out’. Traffic was the largest membership area, and where Walshe and his team were known and had longstanding. Walshe comfortably won the Secretary position. Jim Walshe’s
term as Secretary coincided with the appointment of David Hill as Chief Executive Officer of State Rail and a new round of rationalisations and cost- cutting. It was an often hostile environment in relation to demarcations disputes such as those surrounding the removal of the Brake Vans off freight trains, and three man crewing disputes. Jim insists that much of the demarcation of that time was created and generated by management, not the unions. “We recognised different areas of demarcation – this was mainly managerial – and was about maintaining the five railway empires. There were the Traffic, Locomotive, Signals and Communication, Workshops and Perway Empires – if there was an inquiry each would try to blame the other.” Strangely enough, through such conflicts came the added impetus for union amalgamation. Jim eventually retired from the Secretary’s position in 1992 to work full-time on assisting the amalgamation process. Former NSW RTBU Branch Secretary(and Jim Walshe’s Traffic Industrial Officer), Nick Lewocki summed up Jim’s focus in the following way: “Jim Walshe understood that the railway men and women who supported the union were not hoping for personal gain but fighting for better working conditions for all railway workers.” Former RTBU National Secretary, Roger Jowett, said that “Though having different industrial and political differences with the National ARU Jim was thoughtful and constructive in debates around major policy issues including the democratisation of the ARU national structures and the amalgamation of unions which formed the RTBU in 1993.” Jim was predeceased by Rosette in 1999. He was father and father-inlaw of Hamish and Linda, Fergus and Veronika and brother of David and Chris (deceased). Jim will be remembered for his tireless and passionate attempts to champion the rights of rail workers.
RAIL & ROAD December 2020
NSW Treasurer Says Public Sector Wage Cut ‘Generous’ The SMH article reported on November 3 that Treasurer Dominic Perrottet defended the state government’s budgetary decision to cap public sector wage increases at 1.5 per for the next three financial years as a “generous policy”. He said the new wages policy would allow the government to keep as many people in work as possible. “I think if you look at our wages policy here in NSW, compared to anywhere else in the country, it’s completely fair and reasonable and very generous in the circumstances,” Mr Perrottet said. “I think it’s a very generous policy... We don’t want to have a two-tiered society here, we’re all in this together.” But the government’s decision was described as “economic idiocy” by Public Sector Union general secretary Stewart Little, who said Mr Perrottet was showing contempt for workers.
“The most powerful economic stimulus the Treasurer has is NSW’s own workforce. They spend what they earn directly back into their communities,” Mr Little said. “The Treasurer has absolutely disrespected NSW public sector workers who stopped COVID-19 in its tracks.” Unions NSW Secretary Mark Morey said he was outraged by the government’s decision, but ruled out industrial action during the pandemic. “In the current circumstances we have an ongoing commitment every public sector worker has had to make to keeping this economy open, [that] it ticks over and the people of NSW are safe,” Mr Morey told the Sydney Morning Herald. “We are not going to jeopardise that.” Opposition Leader Jodi McKay said Mr Perrottet’s decision was an act of
economic vandalism and a betrayal of public sector workers. “The Treasurer is picking the pockets of workers to pay for his economic mismanagement,” Ms McKay said. Earlier this year, the NSW government attempted to implement a 12-month public sector wage freeze to save about $3 billion during the coronavirus crisis. That was blocked by the opposition in the state’s upper house, with the government then referring the matter to the NSW Industrial Relations Commission. The commission ruled that wages should be capped at 0.3 per cent for 12 months, ending nine years of 2.5 per cent pay increases. The decision by the industrial umpire also emboldened the government to walk back from the 2.5 per cent cap after it ruled public sector workers did not have “entitlement to a particular wage increase”.
Station Staff at NSW Trains asked to perform ‘Right of Way’ on the NIF Station Staff at NSW Trains on the Newcastle – Central Coast line have received briefing note that they will be expected to perform flagging duties and assist with the testing of the New InterCity Fleet (NIF) when it stops at stations as part of a “mission readiness exercise rehearsal”. This note was dropped on Station Staff without any consultation with the CSA Sub-Division Delegates, or relevant Health and Safety Representatives (HSR). The RTBU is in dispute with NSW Trains about their proposed operating model which includes the right of way duties involving the operation of the NIF. We have not seen any evidence
that the NIF, in its current form, is safe. The RTBU has enrolled the services of an independent safety expert to prove our concerns. There has been no evidence provided by NSW Trains that demonstrates that Station Staff providing a right of way to the NIF is safe. The NIF is designed to operate in a way vastly different to existing rollingstock, which has so far not been properly explained to Station Staff making the exercise much riskier. NSW Trains is putting Station Staff in a precarious position where if something goes wrong, they may be held liable. This risk is unacceptable. By providing a right of way you may be putting
RAIL & ROAD December 2020
yourself, your workmates, and the community at risk. It is also noted that the current NTOSP 6 procedure does not reflect giving right of way to the NIF as it is intended to operate. All Station Staff are reminded that if you are issued an unsafe directive, you are within your rights to refuse it on safety grounds. If you feel the situation is unsafe, you should ask management for other available work at the time the NIF arrives at your station. You should not lose any pay for this time. If you have any questions about the above, please contact your delegates, sub-divisional representatives, or your organiser.
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Sydney Trains Flexible Working Survey Members may have noticed Sydney Trains have circulated a survey entitled “Train Crewing Flexible Working” to operational staff. The RTBU Guards Sub-Division encourages members to be very cautious if they choose to complete this optional survey. Sydney Trains purport to have your best interests at heart, but make no mistake, the data gained from surveys like this will be used to support Sydney Trains in attacking hard won conditions of employment. The survey has questions gauging employee interest on topics such as: • Ability to work from different depots • Ability to choose the type of work in your shift (i.e. standby, shed/wash, specific routes) • Ability to choose the number of hours you work per roster period. • Part-time working Lines of enquiry such as these potentially undermine important conditions like home depot status, lines of succession, hours of work, minimum shift lengths,
excess travel, guarantee payment and any associated remuneration. Additionally, proposals in this space may pave the way for unwanted working arrangements like split shifts. With senior Train Crew Management already spruiking working groups to develop and implement change, the timing of this survey cannot be a coincidence. Member/Employee feedback will be used to justify whatever wish list of changes Sydney Trains will have no doubt already identified that they want to benefit the business in upcoming Enterprise Agreement negotiations. Members must understand any information Sydney Trains gain may have long term negative impacts on the industrial arrangements of all employees. Members should display extreme caution if they choose to complete this survey. When employers talk about “improved flexibility” it is very rarely for the benefit of workers.
Union Win! Certificate 3 in Customer Engagement Dispute The RTBU has received confirmation from Sydney Trains that they will be providing Transport Officers the Certificate 3 in Customer Engagement to the group of Transport Officers that graduated in September. The dispute started when members were advised by management they would not be receiving their certification due to COVID-19 causing them not to be able to finalise some of the units required in order to graduate due to alternative working locations being organised to minimise contamination. When the RTBU raised the obvious unfairness surrounding this issue, Sydney Trains maintained their position that due to the Transport Officers now being outside their probationary period, the funding (which is presumably linked to new employees being in training) had run out and therefore a certificate could not be awarded to them.
The RTBU put several options to Sydney Trains including recognition for prior learning, which Sydney Trains refused due to budgetary reasons. The dispute was escalated and the RTBU contended that Sydney Trains had breached several clauses of the Enterprise Agreement and its own Traineeship training contract. Due to the significant pressure exerted by RTBU members, Sydney Trains have now agreed that the impacted Transport Officers will be issued their Certificate 3 in Customer Engagement. There are several steps involved in this process and as such the granting of the certification may take a period of time.
www.locoexpress.com.au Page 12
RAIL & ROAD December 2020
Our Transport:
How train guards have helped you As part of our campaign against the faulty New Intercity Fleet, the RTBU’s commuter campaign Our Transport is issuing a callout to supporters for stories of train guards helping passengers on our railways. The NIF is part of a statewide transition to Driver-Only Operations by stealth, removing the train guards and their critical role of monitoring commuter safety. It’s another deliberate attempt to cut corners on safety and customer service to make a profit. Safety on our trains is a key partnership between drivers, station staff and guards. Train guards have saved lives guarding our safety on our railways – that’s why we’re collecting commuter stories to use in the media to highlight just how dangerous the NIF is.
NIF Update:
A letter to the Regulator and more legal action The RTBU has continuously and repeatedly raised your safety concerns with everyone possible. In August, on our Depot Tour, members asked us a lot about the rail regulator and if they would stop an unsafe train ending up on our railways. It’s a great question. Despite the Union raising concerns with the Office of the National Rail Safety Regulator (ONRSR), we have yet to see anything decisive from the agency tasked with keeping our railways safe. We have written to the Regulator, providing an overview of our concerns and demanding immediate action.
Members are encouraged to make a report to ONRSR about your safety concerns regarding the NIF. You can do this by calling 1800 572 077 and by filling in the form at their website, https://www.onrsr.com.au/contact-us They will ask for your details and your connection to the railway but are obliged to keep your complaint confidential. We want the “safety”
regulator to hear and read your concerns so they know that you expect them to take immediate action to keep you and the community safe and not just look after the interest of employers. When you do this, please let us know by sending us an email to the following email address: NIF@rtbu-nsw.asn.au
Merry Christmas and a
Happy New Year to all RTBU Members and their Families
A Tribute to Bernie Willingale : 1933 -2020 Longest Serving NSW AFULE Secretary Getting to the Footplate Bernie Willingale was born in 1933, in the depths of the Depression, the son of a railwayman, who was a Fitter’s Mate at Enfield all his working life Bernie started his career in the railways in 1948 in the railway printing office waiting for apprenticeship. He didn’t get it so went to Eveleigh as an apprentice fitter and machinist, two months shy of his 15th birthday – working in the carriage works, steam loco – boiler shop, where in summer time the ‘heat was horrific’. He terminated his apprenticeship and went to work in the locomotive area. He followed the usual path as a Call Boy, engine cleaner, he worked with the bailiff (the person who looked after tools and other maintenance equipment), trainee enginemen, then as fireman. This was when he began fighting with management and complaining about the condition of the engines. “They were hard days in steam”, he said “ A very lonely life other than the mateship you had with the Driver. He was an entirely different breed of man. He had to be to endure it – living in the country, hard yakka over the mountains to Bathurst, and hard yakka back in the middle of the night. And not always with headlights in those days. Things were very primitive. It really was a hard life in steam days.” (Rail and Road, MayJune 1995) He claims that these complaints sealed his fate and his promotion prospects, never being promoted to Driver. He stayed as a fireman and acting driver until he embarked on a long drawn out campaign to win election to the top job in the union. These same working conditions are what drove Bernie Willingale to fight to improve the plight of his members, and also gained him international
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recognition for his dedication and research into improving working conditions for locomotive members. Times were tough then. “My dad only worked one fortnight in two. People all around you were getting out at this age and that age, planning this and planning that. I never planned anything because in the Union, you lived for the day…. “ Seven days you worked, so you never stopped to think about getting out. You never stopped to think about your future.” (Rail and Road, MayJune 1995) His research and work with unions from around the world continued long after Bernie Willingale retired from the AFULE. He has amassed a wealth of information, and has addressed forums around the world on improvements in general working conditions, and fatigue management in particular. Hard Road to the Top Bernie Willingale was eventually elected to head up the AFULE as its Branch Secretary in 1965. However, Bernie’s first foray into union elections and union politics was a baptism of fire. In 1964 John ‘Jack’ Bale the Divisional Manager of the AFULE left to go to Melbourne to take up the Federal position within the union. “The Divisional Manager was equivalent to the modern Branch Secretary, but the rules were such that the position was named Manager to avoid election. The Divisional Manager and Assistant Manager were appointed at the ‘pleasure of the governing body’ “. At the time, AFULE officials were appointed by the Union’s federal body, virtually for life, without elections. However, Jack Bale’s departure left a vacancy that required an extraordinary election. At the age of 30, and after being frustrated and disappointed
with the working conditions and the way the union was being managed, he threw his hat into the ring. Willingale contested the election and was narrowly defeated – he in turn contested the result due to irregularities. One irregularity in the rules allowed for unfinancial union members to vote in elections, and they had been excluded, and it was on this basis that Bernie successfully challenged the result. However, the farcical nature of it just keeps going. Willingale’s lawyers mis-stepped and made the mistake of taking the matter to the state court, not realising the AFULE was federally registered. So, he won a court decision for another election from the state system (in which the union was nominally registered) but in which he had no members – they were all registered federally. There were three elections over two years to sort out the mess. Willingale eventually won the final federal election. After the state decision which effectively declared him the Branch Secretary of a Branch without members, the incumbent leadership
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wouldn’t allow him into the office. According to Bernie, the drawn out legal battles were irritating the members who wanted a change in the union leadership, despite legalities. “I travelled all over the state sleeping on stools and barracks when no-one was around. I didn’t have a home – couldn’t afford to pay rent – I had a utility with a canopy on back and was sleeping in that for the two years of the court challenges”. He was elected as Divisional Manager in late 1965. His Union Council was hostile, and he was on a huge political and industrial learning curve. “The conditions generally were bad – I stepped forward... Had no union experience or interest prior to the elections.” (Interviews with Bernie Willlingale, Peter O’Connor, On Wooden Rails 2005, p 90)) “I got into the union because the Officers before me weren’t doing things right”…”I went through three elections. In 1964 and 1965, I was involved in two years of court challenges over ballots, three ballots (two of which I won), the last two in the State and Federal Courts.” “We got the rules changed after that. We recovered a lot of conditions….” (Rail and Road, May-June 1995) Bernie Willingale would go on to serve as AFULE Branch Secretary for 27 of the 30 years between 1965 and 1995. His stewardship was stalled 1986 when a team of contenders consisting of Michael Costa, Noel Cox (Willingale’s former deputy) and Bob Plain successfully contested the union elections in 1986.
Costa became Branch President, Noel Cox Branch Secretary and Bob Plain was elected Senior Vice- President of the NSW Branch of the AFULE. Bernie Willingale had to spend that term back on the footplate, before regaining his position at the 1989 elections. Bernie Willingale was an enigma to friends and foes alike, with many having difficulty in pigeonholing him and his politics. He was considered by some as a communist and a Communist party ‘plant’ in the union, although he denies any such formal affiliation with the left, but rather describes himself as an accidental unionist holding views that were often left-leaning. “Other people regarded me as left wing – but I didn’t get involved in politics – I wasn’t in the ALP – this was a foreign language to me. I was just a bloke on the end of a shovel in the steam engine”. (Interview with Peter O’Connor, On Wooden Rails 2005) Fighting the Good Fight As AFULE Secretary, the fact that Bernie Willingale was passionately focused on achieving the best outcomes for his members is not in doubt. Whether it was demarcation disputes with other rail unions, taking on hostile employers and government, and whether you agreed with the particular tactics or strategies, the interests of locomotive members as Willingale’s driving force, cannot be questioned. He locked horns with the likes of the Australian Railways Union under Lloyd Ross on many occasions to protect and improve loco working conditions. Some of the more notable being the XPT manning level disputes, and Brake Van disputes during 1984 and 1985, which ironically became the foundation stone for the future amalgamation of the rail unions. “We were involved in a lot of strikes from 1974 on…. There were a number of strikes over wages and conditions in the ‘70s. Then the biggest strikes were the manninglevel strikes – the XPT and freight
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train manning issues. We were out for two months then. I was under threat of my life for a while, and even now, I still get derided.” One Sydney newspaper dubbed Willingale ‘the most hated man in NSW’ during the 1985 strike. More than personal safety or criticism, Willingale felt that fighting for his member’s rights transcended all personal considerations. “I’ve always said about strikes, that the people out there who criticize people who strike, don’t know which side their bread’s buttered on. Without unions and industrial action, families today wouldn’t have washing machines or fridges or TVs or modern cars, either. They’d have none of those household commodities we take for granted today, without there being a union struggle, because they wouldn’t have been able to buy them.” (Rail and Road, May-June 1995) During his term as Secretary, Willingale also had his share of battles with government and management. One such major dispute was the massive job losses proposed by Transport Minister Milton Morris in 1974, on the recommendations of the Nielsen’s Sydney Area Transportation Study. They included recommendations reminiscent of those that have visited the railways at regular intervals before and since, cuts to uneconomic country rail services to be replaced by road coaches, and a reduction in the rail workforce of 10,000 by natural attrition. These were measures that the AFULE and ARU were prepared to fight on common ground, acknowledging that the extensive cuts would affect the membership of both. They were able to combine forces in campaigning against the proposed cuts by the Askin LiberalCountry Party Government, and its new Public Transport Commissioner, Phillip Shirley. Bernie Willingale was in office as AFULE Secretary during some big changes - both in the union and the industry. He saw through the union amalgamation, resigning in 1995.
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Summer Holiday at the RTBU Jervis Bay Holiday Park
Treat your family to a relaxing summer holiday, enjoying the pristine waterways, flora and fauna, and tranquility of the Booderee National Park. A ballot of members was held on Friday, 25th September 2020 to decide who will spend the peak Christmas holiday period (Saturday, 19th December 2020 to Saturday the 30th January 2021) at our Holiday Park at Jervis Bay. Now that the draw has been completed members have been contacted and advised of the outcome of the draw. Following the ballot, there are still some vacancies for this period, for members and non-members. So, if you would like to have your summer holiday at the RTBU Holiday Park, check with the office for rates and availability. Bookings are restricted during this period, on the basis of one unit per member for a minimum of one week and a maximum of two weeks from Saturday to Saturday. Proof of membership will be required upon arrival. For more information about the Holiday Park or any questions, please call the RTBU office on (02) 9264 2511 or email nswho@rtbu-nsw.asn.au.
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Safety Matters RTBU Critical of Draft Fatigue Management Guidelines The Rail Tram and Bus Union (RTBU) has crticised a draft fatigue management guideline that it argues undermines regulated maximum shift hours, which apply in Queensland and NSW. The draft Fatigue Risk Management Guideline, published by the Office of the National Rail Safety Regulator (ONRSR), outlines the steps that rail transport operators should undertake to manage fatigue-related risks of rail safety workers. The draft suggests that high fatigue risks may be offset through other factors. The draft gives the example of work that must be done at night which increases the risk of fatigue because at these times alertness is reduced and it is not possible to obtain night sleep, which is most efficient for recovery. These factors could be offset by shortening the total length of night shifts, minimising consecutive shifts, or implementing a reset break between sequences of night work to allow time for recovery. RTBU National Secretary Mark Diamond wrote in a submission to the guideline that this approach of “offsets” would undercut safety. “By taking a non-prescriptive approach, the draft guideline pushes the burden of risk management assessment onto operators. Ultimately that means people who are untrained in this “field, and/or have little exposure to the needs of the working environment, will be required to make subjective judgments about safe practices.” Under the Rail Safety National Law, transport operators are required to, so far as reasonably practicable, ensure that rail safety workers do not carry out rail safety work while impaired by fatigue or if they may become so impaired. To meet this requirement, transport operators must have a safety management system that includes a
fatigue risk management plan. In NSW and Queensland, in addition to these requirements there are prescribed hours of work for train drivers. In both states, drivers are largely limited to nine hours in oneperson operation and 12 hours in twoperson operation where the second driver is a qualified train driver. ONRSR Chief Executive, Sue McCarrey said that safety risks were not affected by more proscriptive regulation. “ONRSR’s 2018 review of the fatigue risk management arrangements under the RSNL found no conclusive evidence to demonstrate that jurisdictions operating under a full risk-based framework for all rail safety workers pose any greater rail safety risk than jurisdictions which have prescribed hours for train drivers,” she said. ONRSR chief executive and National Rail Safety Regulator Sue McCarrey is reported in RailExpress (www. railexpress.com.au, October 16) to have said that the draft guideline was developed with expert input.
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“As part of the fatigue risk management review, ONRSR engaged two fatigue experts to develop principles of rest and recovery which address key factors associated with the scheduling of work. An essential element of the fatigue risk management process is how the principles interact. If work schedules have an elevated fatigue likelihood, this can be managed via offsetting principles to manage the risk to safety or by introducing other controls to reduce rail safety risks.” Mark Diamond wrote that the national standard should follow the regulations in Queensland and NSW. “Any application of a risk management approach in the Australian rail sector must be done within the constraints of clear, prescribed minimum standards. The RTBU contends that the strict standards regulating hours of work for traincrew in NSW and Queensland should be considered as industry best practice when it comes to fatigue management.”
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SafeWork NSW agrees with Station Staff on Prolonged Standing! In October, SafeWork NSW agreed with the elected Delegates and HSRs on their concerns that Station Staff are being exposed to an unacceptable risk to their health and safety from prolonged standing. SafeWork NSW issued Sydney Trains an improvement notice which directs them to: “in consultation with workers and their elected representatives, regularly review the control measures in place to prevent and/or minimise workplace risks from prolonged standing when working at the hub and/or gates at Strathfield Station.” The RTBU used Strathfield Station as a test case which successfully showed that prolonged standing is a legitimate safety issue on the Sydney Trains network. Congratulations to all members and delegates from Strathfield Station who stood together as a union and were not shy to speak
up about their legitimate health and safety concerns relating to prolonged standing. Time and time again we have told Sydney Trains management that Station Staff are being exposed to serious health and safety risks from prolonged standing. For too long Sydney Trains management have blatantly disregarded the seriousness of these concerns leaving many Station Staff fatigued, stressed and with possibly musculoskeletal injuries. RTBU Station Staff members have said “ENOUGH IS ENOUGH!” This is the first hit back at the unfair practices Station Staff have been subjected to for too long.
Given the improvement notice RTBU Station Staff demand that Sydney Trains take prolonged standing seriously and remedy this health and safety risk by reinstating chairs in Garrisons and at barriers gates for ALL stations! Having a chair to sit down in is not an unreasonable demand! It is a basic human right. The RTBU urges any Station Staff who are feeling fatigued, stressed, or injured from prolonged standing to immediately contact the RTBU and to also report it to Sydney Trains injury and incident hotline.
Union backs calls for mandatory masks on public transport RTBU NSW joined in NSW Labor’s call for masks to be made mandatory on public transport when physical distancing is not possible, as well as calling for Covid marshals to be employed across the network to assist with public compliance. Secretary Alex Claassens says the slow uptake of mask wearing on public transport demonstrates the need for clear and decisive Government
messaging on safety measures. “The slow uptake of mask wearing on transport proves that these safety measures cannot simply be left to public goodwill,” says Mr Claassens. “Physical distancing isn’t always possible on public transport, especially with more people returning to their offices for work. Making mask wearing mandatory for commuters is
a simple, logical step to improve the safety of everyone on public transport. “Evidently, the NSW Government needs to introduce Covid marshals on our trains, buses and trams to help enforce health regulations. Now is not the time to be removing staff from our public transport network, when its regulation is so crucial to slowing the spread of COVID-19.
Merry Christmas and a
Happy New Year to all RTBU Members and their Families
COVID-19 Bus Screens One of the early measures that were pushed by unions when the COVID-19 pandemic started was expanding, or in some case including for the first time, safety screens in all buses. While many bus models have some form of protection for drivers, some are laughably small and there is little consistency across the various body types. Some companies like Transit Systems, rushed through a small expansion of about a foot. this was better than nothing but really more of a “look at us we’re concerned with driver safety” action. It did help somewhat, so that was still a positive thing.
In contrast to this has been the State Transit approach. The union was involved with STA throughout the process as were a great many drivers once the designs were near done and feedback was needed. Several depots had trials across all shift types in all conditions for about 3 weeks, with drivers encouraged to offer feedback based or real world conditions. More changes were made in response to driver feedback and eventually, slightly different designs were adopted for the different bus models. These screens, which are a lot more than just a bit of extra perspex bolted on, are of such a size that they taper to the contours of the cabin. Given that the month of August saw a further 5
spitting incidents reported just through STA, we are confident that the safety of drivers has been catered to in the most consultative way. While it’s certainly true to say that not everyone likes the idea of screens, the fact is that drivers continue to be assaulted, spat on, and abused. The fact that drivers themselves were so positive and had direct input into the design was a key factor in meeting the union’s concerns. Hopefully these screens, which will be fully rolled out by Christmas, will stand as something positive that was achieved during the pandemic and that has a lasting impact on keeping bus drivers safe in the future.
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 office934 on 878 (02) 9264 2511 For more information, contact Bruce Galeunion on 0414
or the union office on (02) 9264 2511
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raIL & rOaD June 2010 Page 19
Festive Season Office Hours The Rail, Tram and Bus Union, Pitt Street Office, will be attended as follows:Monday 21st December
08.00 - 16.30
Tuesday 22nd December
08.00 - 16.30
Wednesday, 23rd December 2020
08.00 - 16.30
Thursday, 24th December 2020
08.00 - 13.00
Friday, 25th December 2020
CLOSED
Saturday 26th December
CLOSED
Sunday 27th December
CLOSED
Monday, 28th December 2020
CLOSED
Tuesday 29th December, 2020
08.00 - 16.30
Wednesday, 30th December 2020
08.00 - 16.30
Thursday 31st December 2020
08.00 - 13.00
Friday, 1st January 2021
CLOSED
Monday, 4th January 2021
08.00 - 16.30
Normal Office Hours of 08.00 till 16.30 will resume on Monday 4th January 2021 Page 20
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Whistlestop VALE Vince Wenberg - April 1932 – July 2020 Warning : Aboriginal and Torres Strait Islanders are advised that this article contains images of a person who has passed. Vince Wenberg joined the railways in about 1953, at Eveleigh (Eveleigh Railway Yards was one of the biggest employers of Aboriginal people living in Sydney in the second half of the 20th century), went to Enfield in 1967 for Driver’s appointment, then transferred to Flemington ETR in 1970. He transferred to Eveleigh in 1982 as a Class 6 appointment, then transferred back to Flemington in 1987 where he remained until his retirement in 1993. Vince Wenberg grew up in the era of the Aborigines Protection Act (which was eventually repealed in 1967), which was responsible for the forced removal of Aboriginal children from their families ( now known as the ‘Stolen Generation’), and the issuing of work permits for Aboriginal workers. It was also responsible for the establishment of the Kinchela Aboriginal Boys Training Home, which, between 1924 and 1970, incarcerated between 400 and 600 boys. Kinchela Boys Home is one of the most notorious institutions associated with the Stolen Generations. Conditions within the institution were harsh and hostile. This was a a place where physical hardship, punishment, cruelty, alienation and abuse (Cultural, physical, psychological and sexual) are documented as having been part of the day-to-day life endured by boys who were kept and made to work there. (Kinchela Boys Home Corporation, 2020) The following tributes were supplied by former colleagues of Vince Wenberg. Over the past 55 years I have known this gentleman and worked with him on many occasions. “I first met Vince when he fired for a Driver named Percy Morgan, and
Percy could not speak highly enough of Vince. Sad times when a gentleman passes and he was a very well respected throughout his career with the railways. I’ve been involved with Vince, and also his daughter Recheal, as I was part of her training to be a Driver. Vince was always obliging and nothing was a problem to him, whatever you needed and he would help you with the like. He helped many of the young acting firemen on the job. Barry Seghers and I attended Vince’s funeral at Frederickton, just north of Kempsey NSW. At the funeral I learned that Vince was part of the Stolen Generation, and he never spoke about it, and nobody really knew about it except his relations. Vince got on with life and gave his family a good education, and they’ve made good, and any man would be proud to have his family as their family. Vince started his career at Eveleigh and went on to be a Class 6 Driver, and then he went back to Flemington to finish his career. It makes me very proud to think that I knew Vince and worked with him over many years. Rest in Peace Vince.” (John Player) I have known Vince all my life and first met Vince in the early 1960s as a Trainee Engineman and Acting Fireman at Eveleigh Locomotive Depot. However, in late 1966, when I was appointed Fireman, I only saw Vince occasionally. Vince was Percy Morgan’s regular Fireman until Vince got his lifetime dream of being appointed a Train Driver on the NSW Railways in the late 1960s. Vince moved to Narooma on the NSW South Coast, where he spent his retirement years with his lovely wife Maria. Vince was well known for being a gentleman, courteous, scholar and responsible at work and home. I visited Vince and his wife Maria in Narooma in 2009, when starting a trip across Australia. In 2010 I was walking down the main street of Kempsey when
RAIL & ROAD December 2020
I thought I saw Vince walking toward me. When getting closer, Vince greets me by saying ‘hello Barry, how are you keeping ?’ I asked Vince what he was doing here in Kempsey. I never knew of Vince’s early life, but he was one of many thousands of the Stolen Generation children, and spent his early childhood at the Kinchela Boys Home, halfway between Kempsey and South West Rocks. Vince was at Kempsey with other Stolen Generation people for an anniversary since leaving the Kinchela Boys Home. In 2020 another anniversary was held again for the Kinchela Boys. I rang Vince to see if he was going to come up for it, but he said due to ill health he was unable to attend. Sadly, a few weeks later Vince passed away, on the 24th July 2020, on his 49th Wedding Anniversary. Vince was a strong Koori man, who throughout all of his childhood wanted to be a train driver. He was a family man, who wanted to protect his family from things such as racism, government interventions and physical pain. Vince experienced these issues throughout his life, and wanted his family to have a better life than he did. Vince always had a gentle, kind manner and always cheerful and friendly, a true survivor and gentleman, and Vince is the last of his kind. Ngaya irhaawa nyaagiili nganya. I once was lost, but now am found. (Barry Seghers)
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RAIL & ROAD December 2020
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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RAIL & ROAD December 2020
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.
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CHANGE OF DETAILS FORM CHANGE OF PERSONAL DETAILS 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
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.
Part time
Casual
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 Australian Rail Tram and Bus Industry 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 • Tel: 02 9264 2511
We’re a not-for-profit health fund for transport workers, 100% Australian owned. Join rt health on combined Hospital & Extras before 31 January & you’ll get 4 weeks1 free health insurance into your bank account after being with us 90 days. Because you’re a member of the RTBU, you’ll receive: 5% discount on all levels of cover (except ambulance only cover) $150 Woolworths WISH gift card as a welcome gift An immediate waiver of all 2&3 month waiting periods An extra $200 WISH gift card if you get someone else to join2
Need more reasons to join rt health? rt health gives back more in benefits than the top three Australian health funds3 Mutual not-for-profit fund, run for people, not for profits Exclusive to transport and energy industries, we’ve looked after members for 130 years We exist to give our members great value health cover at the best possible price
1300 56 46 46
join@rthealthfund.com.au I www.rthealthfund.com.au/rtbu See www.rthealthfund.com.au/terms-and-conditions/4-weeks-free for more details. 2See www.rthealthfund.com.au/mim-gift-cards for more details. Based on benefits paid as a percentage of Premium Revenue from 2018 to 2019.
1 3
MEMBERSHIP APPLICATION FORM 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
the undersigned, hereby apply to become a member of the I, Australian Rail, Tram and 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 and By-Laws for the time being of the Union. Signature of Applicant
Dated
I, the undersigned, hereby apply to become a member of the Rail, Tram and Bus Union of New South Wales, 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
via DIRECT DEBIT fortnightly OR 1. I agree to pay $ 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 Australian Rail, Tram and Bus Industry 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 Australian Rail, Tram and Bus Industry 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
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
Account No./If Credit Union Membership No.
MasterCard
Visa
Expiry Date
/
Credit Card Number
SUBMIT
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 • Tel: 02 9264 2511
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.
OF THE RTBU 1. A member may resign from membership of the Union by written notice addressed and delivered to the Secretary of his/her Branch. 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.
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.
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.
The RTBU Executive, Officers and Staff wish all members and their families
L
AM AND
S
R AI
BU
Level 4, 321 Pitt Street Sydney NSW 2000
TR
Tel (02) 9264 2511 Fax (02) 9264 1342 E-mail nswho@rtbu-nsw.asn.au Website www.rtbu-nsw.asn.au
UN
ION
We are aware At First State Super, we’re aware that our members breathe life into their communities. They care deeply, seeking to improve life not just for themselves, but for all. We’re aware of the potential for their superannuation to do the same. We believe there’s no need to sacrifice integrity for performance – or vice versa. So we invest to do well for our members and, because we’re aware of the difference we can make together, strive to do good for all. This commitment will never change. But our name is. Aware we must invest responsibly. As one of Australia’s largest industry funds we’re focused on making a positive impact, investing to improve our communities, build a more sustainable economy and support growth. Aware of our commitment to our members. As always, our members come first. Our products and services support and empower them at every stage, from starting work to enjoying retirement; and we deliver low fees* and strong long-term returns^. Aware of what super can be today and in the future. Our team of more than 500 experts and advisers are on hand to ensure our members are aware of the power of their super to be a force for good – for them and others. And help them make better financial decisions and shape their best possible futures. We are Aware Super. The fund that proudly breathes life into the community, just like its members do.
An industry fund for all
aware.com.au Consider our PDS to determine the product’s appropriateness to you before making a decision. Issued by FSS Trustee Corporation ABN 11 118 202 672, AFSL 293340, trustee of the First State Superannuation Scheme ABN 53 226 460 365. Financial planning advice is provided by State Super Financial Services Australia Limited, trading as StatePlus ABN 86 003 742 756 AFSL No. 238430. A wholly owned company of First State Super. Past performance is not a reliable indicator of future performance. *The total annual fee (inclusive of admin and investment fees) for our Growth option is 1.10% p.a., the industry average is 1.43% p.a., Chant West Super Fund Fee Survey, March 2020, based on a $50,000 balance in a Growth option. ^First State Super Growth option as sourced from the SuperRatings Fund Crediting Rate Survey for the SuperRatings SR50 Balanced (60-76) Index delivered a rolling 10 year return to 31 May 2020 of 7.77%. This is compared to the SR50 Balanced (60-76) Index median rolling 10 year return to 31 May 2020 of 7.13%. Returns are calculated net of investment fees, tax and implicit asset-based administration fees. The SR50 is an index of 50 super funds whereby each fund is assessed on criteria such as their size, history of returns and allocation of assets to growth assets between 60 -76 percent of the investment. This disclaimer is related to the First State Super accumulation product. Past performance is not a reliable indicator of future performance.