VOLUME 115 No.4 December 2021
AND
RAILROAD THE MAGAZINE OF THE NSW BRANCH OF THE RAIL, TRAM & BUS UNION
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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 Farren Campbell Tram and Bus Divisional Secretary David Babineau Tram and Bus Divisional President Daniel Jaggers
Organisers Director of Organising Industrial Campaign Organiser
Toby Warnes
Branch Organisers
Helen Bellette Craig Turner Ricky Keehn Trent Hunter Wayne Moody Jay Suvaal
Courtney Thompson
Locomotive Organisers Steve Wright Kevin Pryor Marc Chapman
Industrial Officers Branch Jason Hart Tram & Bus Lizanne Bennett Locomotive Jeremy Gadsden Legal Officer - Locomotive Peter Matthews Communications Officer Peter O’Connor
From the Branch Secretary As another year comes to a close, we can safely say it has been a big year for the union and our members. We have continued to perform our union work through an uncertain 2021 with many battles still being fought, some of these have been ongoing like the Introduction of the unsafe NIF train model and Bus Privatisation across several Regions. We have also had the negotiations and industrial actions for new EAs in Sydney and NSW Trains, under the banner of the Our Rights Our Fight Campaign. It also continues to be an extremely busy and challenging time in relation to bargaining with the many employers in the private sector that employ our members. Recently, we have had the NSW Government implosion, with the resignation of Premier Gladys Berejiklian, as she faced the ongoing ICAC Inquiry, followed by the resignation of Deputy Premier John Barillaro, and Transport Minister Andrew Constance announcing his intention to move to Federal politics. During this time, Opposition Leader Jodi Mackay also stepped down, and has announced that she will be resigning from Parliament, and was replaced by Chris Minns as the new Labor leader.
As COVID cases continue to rise and wreak havoc and confusion across the community, over the last little while there has been a shift in rhetoric by the NSW Government. Previously we’ve been told that total case numbers and the number of infectious cases in the community must come down and that’s why restrictions need to be in place. With more than 90% of the adult population fully vaccinated, most of the previous lockdown restrictions have been lifted. We continue to meet with Transport for NSW and employers to try and limit the impact on workers and drive home a clear message that an ongoing testing regime is vital in any strategy to limit the spread in workplaces and the broader community. These regimes should complement the push for workers to be vaccinated and be an alternative for any worker who is unable to be vaccinated for medical or personal reasons. We’ll keep fighting for workplace testing to be on the table to ensure all workers are treated with respect, and safety is the primary consideration in these trying times. As this issue of Rail & Road goes to press, after ongoing industrial action, finally forcing Sydney/NSW Trains to
the negotiating table, we are continuing to negotiate for a fair and reasonable EA outcome for members. There have been some positive developments to date, including the insulting 0.3% wage offer being taken off the table, with Sydney / NSW Trains proposing a 2.5% increase which includes superannuation increase, while the combined rail unions have argued for a 3.5% increase, as well as increased employer superannuation contributions. On a sadder note, this issue of our journal pays tribute to Professor Daryll Hull, a good and loyal friend of the RTBU over many years. Daryll passed away in September, and on behalf of the RTBU, I offer my condolences to Daryll’s wife, Merryn, and his family and colleagues. While the Summer festive season will see the continued efforts around a number of key industrial negotiations and issues, I would like to thank all members and delegates for their loyalty and tireless efforts during a very tough period. I would like to wish all members and their families a Merry Christmas, Happy New Year and trust that you will be able to spend time with loved ones during the festive season.
In this Issue Industrial News
Letters of Support for Protected Actions . . . . . . . . . . . . . . . . . . 12
Our Rights Our Fight Campaign. . . . . . . . . . . . . . . . . . . . . . . . . . . 4
General News
Trammies Spewing Over Weak Offer. . . . . . . . . . . . . . . . . . . . . . . 6
COVID Update - Mandatory Vaccinations. . . . . . . . . . . . . . . . . . 13
Negotiations with Sydney / NSW Trains. . . . . . . . . . . . . . . . . . . . 7
HSR Reinstated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Aurizon EA Agreement in Principle. . . . . . . . . . . . . . . . . . . . . . . . 9
First Female RTBU National President . . . . . . . . . . . . . . . . . . . . 15
RailTrain Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
RTBU Has Lost a Friend - VALE Daryll Hull . . . . . . . . . . . . . . . . 19
Industrial Notes
Festive Season Office Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
ARTC Negotiations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Safety Matters
Bus Region 8 - Draft EA Vote . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
One Giant Leap for Rail Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Industrial News Our Rights Our Fight Industrial Action Forces Sydney and NSW Trains to the Negotiating Table Following our Protected Industrial Action Ballot, where more than 90% of members voted in favour of all actions, and after the commencement of some of these actions we finally got agreement to commence serious intensive negotiations around the EA. After getting our Protected Action Ballot over the line, RTBU members in Sydney and NSW Trains had 30 days to use as many protected actions as possible. We strategically chose to take action early in bargaining so that we can continue to take action as needed, at scale, as negotiations progress or stall. Protected action kicked off with drivers blowing their horns at every station, which garnered a lot of attention from the public about the campaign. September was a packed month with some form of industrial action taking place almost every day. Members across the network started by taking periodic localised actions, with station staff performing duties sitting down, cleaners banning the removal of graffiti and hazardous waste, signallers banning the issuing of transposition slips, infrastructure workers refusing to work higher-grade duties as well as members taking part in “mischief” and “chaos” days. Towards the end of September, focus turned to networkwide actions to build strength and unity leading up to the 4-hour stoppage on the 28th. There was a 24-hour ban on overtime across all parts of the railway, a work to rule and members wearing their union gear to work Indefinite Ban on the NIF After a long and still unresolved battle over safety concerns on the NIF, there is now an indefinite ban on working with the NIF as part of protected action. Special mention goes to the RTBU signallers and shunters who have been instrumental in the huge success of this ban. This ban remains firmly in place until all safety issues are resolved. Network-wide Stoppage On Tuesday the 28th of September the railways came to a complete stop as members took part in a 4-hour stoppage. Over 1000 members joined the virtual picket line and members at worksites across the state walked off the job together to demand respect. Despite the challenges presented with taking action during the COVID pandemic, the day was a huge success. This is a true testament to the unity and collective power of RTBU members.
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Ban on Operating Privately built Rolling Stock After a 30 day extension of the protected action period, members continued to take a series of indefinite actions. The big one in October was a ban on operating privately built rolling stock to make a statement in line with our anti-privatisation claims for the EA. This action received a lot of media attention and positive feedback from the community even though there were major disruptions to the network. Intensive Bargaining The next step after the ban on privately built rolling stock was set to be a 2-week network-wide ban on overtime, which we all know would have caused major disruption to train services. The weekend before this action was planned to take place, the Combined Rail Unions received correspondence from the Transport Secretary, which led to the postponing of larger actions after Transport, Sydney and NSW Trains folded to some of our demands and agreed to bargain together, engage in 2 weeks of intensive bargaining and scrap the 0.3% pay offer. The employers have replaced this with an offer of 2.5%, while the unions have claimed 3.5% plus additional super contributions from the employers.
RAIL & ROAD December 2021
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Trammies spewing over weak offer As part of ongoing industrial action for a comparable EA, light rail drivers from Sydney’s Pyrmont depot have told management there is a problem, and say operator Transdev can clean it up. The drivers have put a ban on cleaning up hazardous waste such as passenger vomit and are refusing to answer phone calls from their bosses. NSW Tram and Bus Division President Daniel Jaggers said costcutting put in place around five years ago meant that rather than take a vehicle containing hazardous waste – vomit or urine – straight in for cleaning, drivers are now meant to put a powder substance on it and finish the route before getting the tram cleaned. The action is part of a campaign of protected action in response to management’s refusal to provide Pyrmont workers with career equality as part of current enterprise agreement negotiations. Danny said the action will be ongoing after an initial management offer was voted down. Of 55 workers, 51 voted and 50 rejected the offer. He said Pyrmont drivers are paid around 6% less than other drivers at the Randwick depot, and the company had offered a 3% pay rise, backdated to November, to ensure this gap did not widen. Grade progress and job classifications, however, remain a sticking point. The issue covers trams on the city’s inner west line, which began operating around 1997, first to Lillyfield, then out to Dulwich Hill. But Danny said that since 2017 the company’s focus has been on the new Randwick depot, which had to be up and running by 2019 “They had a new workforce there and we were able to get a good enterprise agreement for tram operators. “When the Pyrmont EBA negotiations came up, we said: why not put everybody under one umbrella. The company talks about flexibility. You could use these people to drive on both networks with no issues.”
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He said the company insisted on keeping the agreements separate, ensuring the pay gap will remain and, in some cases, widen. Danny said that on first glance the 3% pay offer to Pyrmont drivers means they won’t fall further behind But under their EBA Randwick drivers can go from trainee to the top grade, grade three, in three years, whereas at Pyrmont it takes five years. “So right now, Pyrmont workers will be no worse off than around 6 per cent behind, but in a few years’ time they will be worse off, as they won’t progress to the highest grade for another two years more. That’s not equality.” STICKING POINTS Danny said another sticking point is a blip in the system caused by medical requirements. Under the Rail Safety Act a tram operator must have a Category One medical, as he or she is classed as safety-critical worker responsible for safety of passengers plus anything else on the network. Authorised Officers – whose job includes checking tickets and assisting passengers on platforms – require only a Category Three medical, as theirs is not classed as safety critical. “As a safety-critical worker, drivers must jump through a lot more hoops to prove they can perform safe, critical work, so that should be reflected in their pay,” he said. In 2018 there were two Authorised Officer grades – training and grade one – but in 2019 the Randwick agreement saw two additional grades added to allow those workers the opportunity to have a progression path. This change created a situation where the highest grade Authorised Officers (non safety-critical workers) are now on more per hour than a Pyrmont depot tram operator, who are safety-critical workers.
Danny said the protected action campaign and work bans will continue until Transdev addresses these two fundamental issues of equality. He said the ban on the use of their personal technological devices, which management are not meant to use as a means of contacting workers, has created headaches for management, as has the ban on overtime. “Even before the overtime ban was in place the drivers exercised their right not to do overtime. That’s how angry these members are.” Other bans include: a uniform ban (all PPE is still being worn); a ban on using the Transdev app, which is used for service updates; and not answering a two-way radio until they are completely stopped at a station. Members have also taken part in two-hour stoppages. Danny said that as a result of the RTBU members’ united campaign, Transdev has been forced back to the negotiating table, and a longoverdue resolution to these issues could now be within sight. “It’s outrageous that a company as big as Transdev would insist on treating its workers with such little respect. “Being a light rail driver is a career, and the Pyrmont drivers deserve the same access to career progression as other drivers in Sydney.” Update: Our Tram Pyrmont Depot are celebrating a win, with Transdev agreeing to implement equal career progression as part of the enterprise agreement. Congratulations to all members who stood up and took action to achieve this outcome. Negotiations will continue as the rest of the issues raised are being addressed. See also, page 16 for the latest development on the light rail defects and impacts on workers.
RAIL & ROAD December 2021
Negotiations with Sydney/NSW Trains Have Been Progressing – with some wins for Members Throughout bargaining so far, one of our front and centre demands has been that Sydney Trains and NSW Trains bargain together, with our combined delegates, for one agreement. In October, the Combined Rail Union received correspondence from the Secretary of Transport for NSW (Transport) saying that Sydney Trains and NSW Trains will commit to bargaining jointly on issues that are considered to be common to both agencies. On this basis, Transport sought that the union suspend its industrial action planned for the next fortnight. However, the offer put by Transport was not good enough for delegates to consider calling off the planned action. The full EA delegate committee met over the weekend to develop a counter-offer which could deliver the first win of this campaign after 6 weeks of intense and effective industrial action. At 4pm the same afternoon, Transport folded and agreed in writing to our proposal. There are some significant wins in this back down by Transport, Sydney Trains and NSW Trains. The insulting 0.3% wage proposal is now off the table, and all bargaining parties and decision makers will be at each and every meetingof the intensive bargaining period.
As a result the 2 week networkwide ban on overtime and foreign depot working, Monday 26 October 1 hour strikes, and Tuesdays 27 October ban on “detailed walks” for infrastructure members were postponed.
that have been put over the past 5 months of bargaining on MS Teams. It was important that the senior managers of the employers were able to hear your claims in person, from the mouths of your delegates.
The following actions continued: • Members wearing union gear to work • Members can engage with the media and the public about the bargaining campaign • Adding campaign material to outgoing correspondence • Public announcements by any means • Attaching union materials to railway assets • Indefinite ban on working with the NIF
Importantly, we also got to speak to the following claims: 1. Incorporating all employment arrangements into the EA to protect them into the future. 2. Making the disciplinary processes fairer
On 27 October, combined delegates met face to face with Sydney Trains, NSW Trains, and Transport for NSW. This included the Chief Executives of Sydney Trains and NSW Trains and Senior TfNSW officials. There was a strong sense of solidarity amongst our delegates, who were backed by close to 9000 RTBU members that have taken industrial action over the past 2 months to bring the employers to the table to talk seriously about our conditions of employment. At the table, we rehashed the claims
RAIL & ROAD December 2021
The claims we put to senior management were: 1. One Agreement for Sydney Trains and NSW Trains 2. Maintain or improve on current conditions 3. Health and safety claims 4. Leave matters 5. Job security claims 6. Claims for the deed 7. Flexible work claims
The following days of intensive bargaining were where each Division of the Union put their specific EA claims to the rail entities. The claims we put forward included: 1. The need for a wholesale review of disciplinary processes utilised by the rail entities. 2. Our claim to improve the disputes resolution procedure. 3. Claims for Section 2 of the Agreement covering Salaried Employees. 4. Claims for Section 3 of the Agreement covering Fleet Maintenance Wages Grades. 5. Claims for Section 4 of the Agreement covering Station Staff, Drivers, Guards, OnBoarders, Area Controllers, LICs Operators, and Signallers.
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From the outset EA bargaining delegates made dramatic progress in the process demonstrating the importance of the earlier industrial action. Having senior decision makers at the table and having Sydney and NSW Trains in the same room will allow all delegates to present a united front and make serious ground on our log of claims. As the negotiations progressed with Sydney Trains and NSW Trains, we put the remainder of our claims to management. These were: 1. Section 5 specific claims 2. Proposed additions to clause 12 (Facilitation of Changes Clause), including the ability of Area Controllers to negotiate more pay for additional duties, and Salaried members to negotiate conditions of employment when they work from home.
3. Our pay claim – 3.5% per year with an additional 1% rise in employer super contributions above the 10% statutory amount. 4. A bonus for each occasion members work through disaster or crisis conditions, such as bushfires or pandemics. 5. Defensive claims against any move to privatise rail assets. 6. A claim to ensure that any employee who is put off work on the employers initiative (i.e. disciplinary or fitness for duty related reasons) to be paid at their average pay measured over the 6 months prior. Once your delegates finalised the presentation of the log of claims, the employers put their proposed changes to the enterprise agreement forward. Far from being constructive, many of their claims are attempting to either reduce conditions now or allow
them to do so during the life of the agreement. Showing that this bargaining is progressing, at the start of the fourth day’s meeting there were some concessions made around some of the more aggressive claims made by Sydney Trains and NSW Trains. 1. Sydney Trains have dropped their claim to replace the disputes resolution clause with the Fair Work Commission minimum model clause. 2. Sydney Trains have dropped their claim to replace the consultation clause with the Fair Work Commission minimum model clause. 3. NSW Trains have dropped their claims to remove clauses 12 and 13 in their entirety, meaning that these clauses will remain in the agreement. These are important clauses that give members and delegates power to deal with disputes, be consulted properly on workplace change, and to ensure that a deal is a deal and the employer cannot just change major conditions of employment at a whim. The fight continues, and we will have to escalate and intensify our action in order to achieve the claims we’ve made. We commend all members who have stood firm and taken action so far. It is because of the strength and unity of RTBU members that this progress has been made.
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 Page 8
RAIL & ROAD December 2021
Aurizon EA Negotiation Update Your RTBU negotiating team is pleased to advise that after 3 ½ months of negotiating, agreement in-principle has been reached with Aurizon on a replacement EA. Whilst the negotiations have not been what we would consider normal, we have been able to reach a good outcome that sees all conditions within the agreement either improved or maintained.
conditions contained within the agreement are a benefit to you and your families.
We have not been able to achieve everything that we set out to achieve, but we have certainly gained some good improvements for you, as members in your Enterprise Agreement. This now finalises negotiations. discussions have been respectful and genuine consideration and debate has been undertaken by both sides.
1. 2.5% each for 4 years
It is now time for members to consider the Enterprise Agreement and ask questions that will allow you to make an informed decision of whether you believe the
The final position delivers the following further improvements if accepted by employees and approved: 2. Back pay to be paid from 1- November 2021 once EA is certified with FWC, IF approved 3. EA comes into operation 7 days after certification if accepted and approved 4. Nominal expiry date of 10 November 2025 if accepted and approved
TROJAN RAIL - Vote and Mistruths In early November, Trojan circulated an employee update that contained part results of the recent Majority Support Determination vote they had conducted. What they failed to mention was the actual results which were as follows; Eligible Voters – 93 Total Votes Received – 72 Total Abstained – 21 Total Yes Vote – 38 Total No Vote – 34 Contrary to Trojans newsletter, a majority of those that voted did vote yes. Unfortunately, there were 21 people who did not vote at all. The Fair Work Act requires a majority of all employees to vote yes before they will issue a Majority Support Determination (MSD). What does this all mean? It does not mean that the majority of employees don’t want an EA. It means there are 21 employees who were most likely too scared to vote after Trojan’s scare campaign. The fight is far from over and it will only take some small actions from those 38 employees who voted yes to force Trojan to the table. Trojan employees still have the Union’s full support. Some employees working the Aurizon Grain Trains are not actually employed by Trojan Rail but rather are employed by another subsidiary company of Trojan Recruitment called “RAIL LOGISTIC SERVICES PTY
LTD”? We have spoken to some of these members who didn’t even know this until they checked that this was the case. All their communications have Trojan on them. These employees didn’t even receive a vote! I am sure some members may have previously thought such actions only happened at Trojan’s competitors, but this proves Trojan are no different, only capable of making money by paying lower wages. During the voting process several of our members called us and advised they had been phoned and told to vote No by Trojan, and were also told that to vote yes may result in the company losing work. This was a clear falsehood and was squarely aimed at intimidating employees. We also know that contrary to Trojan’s newsletter that stated “at no stage told you how to vote or think”, there were many instances of managers phoning employees and sending them text messages telling employees to vote No! Employees know this; we wonder who Trojan is trying to fool? The RTBU legal and industrial officers will be reviewing the situation and we will again be in contact with members as to the next steps in gaining the right to bargain for an EA for Trojan Members.
Merry Christmas and a Happy New Year to all RTBU Members and their Families RAIL & ROAD December 2021
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Railtrain – The Latest Before the last vote, Rail Shuttle Services (RSS) Members were clear in telling management, that what was proposed was unacceptable, yet RSS ignored them and proceeded with the vote. Shortly after the announcement of the results, Railtrain wrote to the Fair Work Commission to request the Commission relist the previous good faith bargaining case brought by the Union, alleging that the RTBU misled RSS Employee’s in a recent newsletter, and this caused members to vote no.. The RTBU welcomes the opportunity to examine RSS’ conduct before the Commission. It has become very evident to members exactly why the proposed RSS agreement is unacceptable. RSS have now decided they don’t need to provide any more training and have therefore left some casual employees at home unpaid with no advice as to when they will next be required. One could say this is sour grapes because the affected Casual Employees saw through the $1500 sign on bribe and voted no, however it clearly demonstrates why strong protections and job security are necessary in the enterprise
agreement. RSS want to be able to treat employees like this at any time, to have the ability to leave people at home with no work, no pay, and no idea when their next shift will be. This type of behaviour cannot be allowed to become the norm. RSS now has no option but to come back to the table and take seriously, the items and pay rates members are concerned about. Items such as Rostering Conditions, Site Rates, Shift Penalties, Training Bonds and protections for Casual Employees. Hunter Port Services Proposed Enterprise Agreement and the Proposed NSW Operations Agreement As we have previously reported, the RTBU has made very clear to Railtrain that there is absolutely no reason and no logic in progressing the separate Hunter Port Services Enterprise Agreement as it only applies to four people and their roles can easily be covered and better protected in the NSW Enterprise Agreement. Railtrain have maintained their position and had refused to even meet to discuss the Proposed NSW
Agreement until the Hunter Ports Agreement has been completed. We wrote to Railtrain and raised concerns that the company is not bargaining in good faith as required by the Fair Work Act. Following a FWC conciliation, Railtrain agreed to meet to bargain for the NSW Agreement. . It’s been 4 years since the RAILTRAIN PTY LTD SA/ VIC/TAS/ACT/NSW/QLD/NT ENTERPRISE AGREEMENT 2013 expired and members/ employees received a pay rise. It’s now well and truly time for all those RTBU members who are Railtrain employees across NSW (that are not in RSS) to start getting interested and active, and to show Railtrain you want a decent agreement and a decent pay rise. It’s time for those employees who are not yet members to join the Union. Being a member is the only way you can take industrial action if and when needed as decided by members. The way Railtrain have been conducting themselves thus far, it may well be necessary to initiate this important workplace right in order to get a decent enterprise agreement.
Merry Christmas and a
Happy New Year to all RTBU Members and their Families Page 10
RAIL & ROAD December 2021
Industrial Notes ARTC Negotiations RTBU members across the state are currently in the process of re negotiating the Australian Rail Track Corporation Infrastructure Maintenance enterprise agreement 2018 (ARTC). Some of the conditions members are fighting for are: • An increase to level 4 classification Pay • Grade 5 positions to be included for progression not via appointment • An increase in on call allowance rate for Monday to Friday and weekend / public holidays • Domestic violence leave policy to be put in EA
•P enalties for more than 3 roster changes in the 28 day period •P enalties for working more than the agreed 2 weekends in a row •B etter protection for RTBU members who as a result of a injury or illness can not return to their pre injury employment RTBU delegate Christopher Neal from Broken Hill said that “these negotiations are extremely important to RTBU members, not only are we fighting for our conditions now but we have been fighting for conditions for our future. Its very important that all RTBU are standing together ”
Bus Region 8 - Draft EA vote In contrast to the battleground in Region 6, Region 8 shows how big a difference it can make depending on who your employer is. Keolis Downer have so far kept to the Memorandum of Understanding signed with the RTBU many months ago. Recently members on the Northern beaches in Region 8 voted on a draft EA proposal. While a bit unusual, this was done for several reasons. 1. To avoid a two-tiered workforce 2. To maintain our current conditions 3. To give workers confidence of their conditions going forward Members voted overwhelmingly to accept the draft, and we’re in the process of formally putting it to the company. As long as the company puts forward the same document that was voted on as an EA to vote on after privatisation, the union will have achieved what members said mattered most to them- a single workplace and keeping their conditions.
One Rail Australia Sale Agreement to Aurizon
RTBU members in Narrabri keeping up to date with what’s going on in the negotiations
RAIL & ROAD December 2021
In late October Aurizon announced agreement has been reached for the acquisition of One Rail Australia for $2.35 billion with the intention of integrating the bulk and general freight assets into the Aurizon business and divesting One Rail Australia’s NSW and Queensland Business “East Coast Rail” through either a demerger or a trade sale. One Rail’s East Coast Rail largely consists of the NSW and Queensland Coal Operations. The sale is still subject to approvals by regulatory bodies and is proposed to be completed between January and April 2022, with the demerger of East Coast Rail to be completed in CY2022. What does this mean for our NSW Members? As we understand the NSW business will continue to operate as One Rail Australia independently from Aurizon and have its own CEO. While there will be some management changes it will largely operate business as usual. The RTBU has been in discussion with senior management and will continue to ensure members interests are considered and taken into account throughout the transaction period. Your EA still applies and will continue to throughout the process.
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Sydney & NSW Trains Protected Action:
Letters of Solidarity from NZ RMTU, ASLEF & JRU NZ RMTU (Rail Maritime Transport Union), ASLEF (UK Train Drivers Union) and JRU (Japanese Rail Union) have written to pledge solidarity following the protected industrial action taken by NSW and Sydney Trains members. The NZ RMTU have given their full support to the campaign and congratulated the Members, Division Officials, Organisers, and Delegates on what they have achieved. They celebrated the immaculate organisation the members put into the campaign, especially in the midst of pandemic. ASLEF also sung praises for the 4-hour stoppage on 28 September, which rounded off the month of action. Their letter highlighted that
not only were the actions taken over the course of the month a show of the RTBU’s strength, it was also a great success in showing the power of a highly unionised workforce to new and younger members of the RTBU. JRU, on behalf of their 20,000-strong membership base, also wrote to us emphasising that, while striking and fighting for our rights is a major part of the action, the RTBU’s education and organisation of members throughout this period and beyond is key to our big strides forward. We thank the NZ RMTU, ASLEF and JRU for their well-received letters. In addition to the support shown from unions around the world, we
have also received many unsolicited letters of support from the travelling public. The following is typical of the support from commuters: “Hey, I heard about the strike, and as someone who catches the train into the city for work all the time I say good on you guys. Privatisation of public transport is absolutely ridiculous, there are SO many issues that I am sure you know, and the cost of living has gone up a lot more than 3.5%... especially if you rent. I have my own battles to fight(no unions in my industry boo) so not much more I can do to help, but thought I would say keep up the good work.”
Merry Christmas and a
Happy New Year to all RTBU Members and their Families Page 12
RAIL & ROAD December 2021
General News COVID Update – Mandatory Vaccinations Since Transport for NSW announced that it was considering mandating COVID vaccinations for the staff of all its agencies, we have had some understandably concerned and anxious members. Although it is TfNSW that made the announcement going forward more and more employers will make similar moves, so the following is for all RTBU members. Make no mistake, we have arrived at this situation because of the failure of both the Federal and State Governments in relation to vaccine rollouts, quarantine systems, virus containment, and allowing the spread of misinformation to flourish. Any negative impact on members because of vaccine mandates is on their heads. The Health Advice and a safe workplace The RTBU recognises and accepts the health advice that vaccination is a key part of responding to the safety issues created by the COVID-19 pandemic. All workers are entitled to a safe workplace and have any risk to their health and safety reduced as far as possible. What is also, essential to creating a safe workplace is long-term workplace testing systems which involves a variety of onsite testing systems, such as saliva swab testing, Rapid Antigen Testing (RAT) and PCR Surveillance testing, combined with other control measures such as mask wearing, thorough cleaning regimes, physical distancing and the use of QR Codes. The Federal Government’s poor handling of the vaccine rollout and the politicisation of communication at a state level have negatively impacted people’s perception of the vaccination process and the science backing it. Misrepresentation of the science by a variety of political leaders has facilitated a transfer of mistrust of the government onto the science itself. Since the beginning of the pandemic, your union has worked hard to keep us all safe by advocating for onsite testing and access to priority vaccination for essential workers. We have also lobbied and achieved in many cases protections for
vulnerable workers and special leave provisions. We continue to be actively involved in implementing specific work, health, and safety controls, and organising members. This work continues and we will continue it together. Remember, it was our Bus Drivers last year that first raised the issue of customers needing to wear masks for the safety others and our Sydney Trains cleaner Delegates and HSRs who took a stand against the reckless indifference to their safety by management in March 2020. Here to support and represent as always Where any member is treated unfairly, the RTBU will intervene to assist. The pandemic has not changed this. Where a member has been treated unfairly, we offer industrial advice and assistance particular to their case. When it comes to vaccinations, members with medical contraindications (you can download the form here), members who are unable to access a vaccination, and members whose individual circumstances make vaccination difficult should contact us at covid@ rtbu-nsw.asn.au. Many members have asked us about legal options in response to the mandate on vaccines. We have commissioned the preparation of legal advice regarding any decision by an employer to require a vaccination to come to work. We also continue to monitor the legal proceedings underway in various jurisdictions across NSW and interstate regarding the mandating of a COVID vaccine across a range of industries by major employers and state governments. To be clear, if a decision is made to mandate vaccines and this affects a
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member’s employment, we believe the employer has a responsibility to look after that worker and treat them fairly. This includes assistance to find alternative employment and other financial assistance. The union is here to hold the employer to account for our members. Beware of scams Some members are rightly feeling vulnerable at this time, and we must remember that there are always people out there trying to take advantage of people at low points. We are aware there is a scam circulating amongst some members regarding COVID-19 representation, promising a range of things. Like the scam text messages we have all been receiving where you are asked to “click on a link” for a bogus parcel delivery or a bogus voicemail, this scam is designed to take your money. We encourage members to exercise caution and not lose money to this scam. Your job is too important for you to be scammed out of it. The RTBU is here to offer advice and represent you in your industrial matters and you should get in touch at covid@rtbu-nsw.asn.au. We are a union of close to 15,000 members and we make our decisions together. Our industrial democracy is part of who we are and is the foundation on which we exercise our power. That means from time to time there may be individuals in our union who have not had their expectations met. To those members, please feel free to submit a complaint to covid@ rtbu-nsw.asn.au and we will respond to you personally. As always, stay safe
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Health and Safety Representative reinstated after NSW Trains “grossly disproportionate” action The Fair Work Commission has ordered NSW Trains to reinstate a health and safety representative after an outburst with his supervisor, and criticised the employer for adopting a “grossly disproportionate” approach to his outburst after ignoring his concerns. The tribunal heard the HSR sent his supervisor an email last year, criticising an area manager’s conduct at a meeting after he apparently tried to start a conversation about NSW Trains “meeting its commitment” to ensure workers’ psychological safety. Referring to a workforce “pulse survey” and perceptions management had not properly considered or listened to their wellbeing concerns, he claimed the area manager shut the conversation down at the meeting in a “humiliating and downgrading manner, victim-blaming me and anyone who has completed the Pulse Check with their honest answers”. Deputy President Michael Easton said the HSR “unfortunately” did not receive any substantial response or reply to his email, which “ironically proved his point”. Given the HSR copied in the area manager and sent it in response to one of her emails, the deputy president said her decision to “not even respond to his email was appalling”. “Worse still, the area manager decided to place the HSR on a performance improvement plan [PIP] because he sent the email.” ‘Grossly Disproportionate’ Response Noting NSW Trains invited him to respond to its draft PIP but no one appeared to read it, the deputy president said it also seemed the area manager “simply issued a directive” that the HSR must sign off on the draft without amendment. “This sequence heaped irony upon irony insofar as [the HSR’s] initial email that led to the [PIP] raised a concern that management generally,
and [the area manager] in particular, did not listen in any meaningful way to the concerns of the workforce and instead victim-blamed”, he said. A day after the PIP meeting, the HSR spoke with his supervisor about the “controversial issue of the New Intercity Fleet (‘NIF’) trains” and they disagreed about whether the new technology would be safe. The HSR and the supervisor exchanged some blunt words. Suspended for four months NSW suspended the HSR for four months before dismissing him in October last year, after 22 years of unblemished service. Deputy President Easton said NSW Trains “could have, and should have, taken swift and decisive action to deal with” the HSR without dismissing him, and should have taken “swift steps” to restore his long-standing working relationship with his supervisor. Instead, it left the HSR “languishing under suspension for a long period of time” with his supervisor unaware of his “remorse and unconditional apology”, leading the deputy president to hold the dismissal harsh and unreasonable. Deputy President Easton said NSW Trains acted in a “grossly disproportionate” manner when it suspended the HSR and conducted a “4-month external investigation into a 4-minute incident”. He found “some force in [the HSR’s] claim that his concerns fell on deaf ears” and that the inadequacy of NSW Trains’ responses to his communications was “obvious”. While NSW Trains was entitled to
have a “zero tolerance” for code of conduct breaches, he said this does “not mean that every transgression” must result in dismissal. Manager “Not hired to be a person” The deputy president also highlighted a “bizarre” statement made by the area manager, when asked during cross examination about her personal view of the HSR’s prior behaviour. The area manager told the tribunal she was “not hired to be a person” but was “hired to be a manager” and “therefore, I apply rules, policies, and procedures”. The deputy president said the statement “in one sense. . . reflects NSW Trains methodology for dealing with [the HSR] – it just applied rules, policies and procedures without any personal considerations”. But he said her statement was “actually a more damaging reflection of NSW Trains’ actions”. While many involved in the matter were “hired to be a manager”, he said “nobody ended up being a manager to [the HSR] because nobody was prepared to actually engage with him properly”. He said that when the HSR’s “frustrations erupted in an outburst, still nobody in his line of reporting was prepared to sit and talk to him and listen to what he had to say” but instead they “farmed [it] out” to an external investigator, and someone the HSR had never met decided to dismiss him. Deputy President Easton ordered NSW Trains to reinstate the HSR with continuity of service and backpay for lost wages.
www.locoexpress.com.au
Letter From Stephen Grantham Hi all. My name is Stephen Grantham. I’m a Principal Guard at NSW TrainLink’s Lithgow Depot. Over the last year or so, I went through an experience that I wouldn’t wish to be repeated for any worker. During 2020, I was the elected Health and Safety Representative for my workgroup. I did my best to raise their health and safety concerns (including their serious concerns relating to the operation of the New Intercity Fleet) so that passengers and workers could rest assured that transport safety risks were being controlled to the lowest reasonably attainable level. Unfortunately, my passion for safety resulted in increased personal scrutiny and strain in my professional life, leading to my sudden suspension from duties in October 2020 and eventual dismissal from NSW TrainLink after 22 years transport service without any disciplinary issues. With the full help of the RTBU and overwhelming support of my
workmates, however, I applied to the Fair Work Commission to try to have the dismissal overturned as an unfair dismissal. Following a hearing at the Fair Work Commission, the Commission found that the dismissal in my case was indeed harsh and unreasonable, and therefore unfair, ordering NSW TrainLink to reinstate me to the position I had held prior to dismissal, with restitution of lost pay. The Commission was openly critical of how I had been treated in relation to the dismissal process and its decision was a most welcome relief after the emotionally difficult roller coaster ride of losing my job. It was an especially trying time for my family while the future seemed uncertain. I really want to thank everybody for your support during what was a hugely challenging period for me. I want to thank my workmates from Lithgow and the Blue Mountains who gave me their instant unquestioning support right
from the start. I want to thank my intercity colleagues for their ongoing encouragement that helped me through the process. And I want to thank the RTBU and all its members who contribute and provide the opportunity to help individuals like me who find themselves in unfair situations and in need of strong backing while they stand for their rights. One of the most surprising and heartwarming aspects of my experience was when RTBU members I had never previously met would contact me with their good wishes, simply because of our shared industry background and solidarity. I am grateful to you all.
RTBU appoints first female National President The Rail, Tram and Bus Union has appointed Luba Grigorovitch as the Union’s first ever female National President. A meeting of the Union’s National Executive also appointed former National President Shayne Kummerfeld to the vacant role of Assistant National Secretary, replacing Allan Barden who retired earlier this year. Shayne Kummerfeld is member of the Locomotive Division and a long-standing union activist from the Queensland Branch. Luba has previously made union history by becoming the first female and youngest person to serve as Secretary of the Victorian Branch, a role she has held since 2014. She will continue to hold the Victorian Secretary position.
The National President is responsible for leading the union’s national governing bodies – including the National Executive and b-iennial National Council. National Secretary Mark Diamond said Luba Grigorovitch was the perfect fit for the National President position. “Luba is one of our union’s most hardened generals,” Mark said. “She’s dynamic, knows unionism and always holds others to account as much as she does herself. “And it’s about time we had a woman as our President!”
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Inner West Trams Off the Rails Recent media reports have revealed that design faults in the Spanish built trams operating in Sydney’s Inner West, have resulted in significant cracks being discovered in all 12 trams sets operating on this route, during routine maintenance checks during October.
On November 5, ABC News reported that new Transport Minister Rob Stokes announced that Sydney’s inner-west light rail service will be decommissioned for possibly up to 18 months, while the issues are rectified. The service between Central and Dulwich Hill was suspended on Thursday 4 November, forcing thousands of commuters to use replacement buses. Mr Stokes said it was not known how long it would take to fix the problem. “I want to stress this is the worstcase scenario. It is my expectation that we rectify these issues much sooner than that,” he said. Earlier in the same week, Transport for NSW’s chief operating officer, Howard Collins, said while the cracks had “some longevity” they were not considered a safety risk. However, Mr Stokes said the briefing he received on Friday showed the cracking was more significant than first thought. “The safety advice has been for these vehicles to be withdrawn from service and we are looking at whether a temporary fix might be made,” he said. “My instinct is that we can do everything we can to make sure that fix is permanent.” “It is also important that I offer a profound apology on behalf of the
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NSW government,” he said. Mr Stokes said the Spanishmanufactured tram model by CAF was used around the world, including in Canberra, Newcastle, Europe and North America. “So the problem we have identified is likely to far broader in scope than just here in little old Sydney town,” he said. “It is likely to be a global concern.” Mr Collins said there had been a similar problem in the West Midlands in the United Kingdom. Mr Collins said while Sydney’s other light rail lines — the CBD and Southeast — had different trams, Parramatta’s upcoming light rail system had the same vehicles on order. “There are the Parramatta trams and four additional units on order from Spain, but what we have said is that we want to be clearly comfortable that the newest versions do not present this long-term engineering challenge,” he said. Calls for locally made trams NSW Shadow Transport spokesperson Jo Haylen said the government should be buying Australian made. “It is time the government learnt from its mistakes instead of buying overseas-built trams that do not work,” Ms Haylen said. “We need a quality product built here in Australia that passengers can rely on.” “This is what happens when you try to save money by building overseas.” Mr Stokes said he expected NSW taxpayers would not be out of pocket. “We expect the contractor to meet the costs and liabilities of their contract, so it is my expectation this will not cost the taxpayer a cent,” he said. On Saturday November 6, Transdev – which operates the inner west light rail and the L2 Randwick and L3 Kingsford lines – said the cracking on the inner west trams was “extensive”. Transdev Sydney managing director
Arsene Durand-Raucher said the company believed it made the right decision to halt tram services while inspections continue. The Randwick and Kingsford light rail lines are operating as normal. “The cracking is surely extensive, but at the moment and until we finish the inspection, we don’t know what the final outcome will be,” Mr DurandRaucher said. “The work for us now will be around how we reach the best outcome from a passenger’s perspective with a bus replacement.” Buses to Replace Inner West Trams More than two dozen buses have been providing replacement services between Central and Dulwich Hill for commuters, at a cost to the government of several thousand dollars a day. Mr Durand-Raucher said Transdev would be moving from an “emergency response” bus service to a more regular service while the line is out of operation. NSW Labor Leader Chris Minns said the shutdown of the 12.8-kilometre line was “totally unacceptable” and said it was the result of sending local jobs and manufacturing offshore. “Tens of thousands rely on the service every day and will now be stranded for over a year,” Mr Minns said. Daniel Jaggers, President of the RTBU Tram and Bus Division, said the trams were “falling apart” and urged the government to offer support to workers on the inner west line while the cracking was addressed. “We’re calling for an iron-clad commitment that the government will find and support alternative employment for the workers on the inner west light rail,” Mr Jaggers said. “For decades transport workers in NSW have been calling for our transport infrastructure to be made and maintained on our shores. Workers were ignored, but they shouldn’t now be made to pay for the government’s mistakes.”
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Victory - Solidarity on full display Your RTBU members and delegates celebrated a significant victory after Sydney Trains backed down from taking disciplinary action against your fellow union members and elected representatives. During industrial action there are protections in place to ensure the sanctity of the delegates and members rights, however Sydney Trains chose to ignore this by pursuing two RTBU delegates representing members at the bargaining table involving the Sydney and NSW Trains Enterprise Agreements. These negotiations have always had a history of becoming heated; however, this had taken a dark direction, and our delegates were being targeted by management. In one case, a delegate had been suspended from duty by being met at the depot entry by a manager and a security guard at 2200hrs in an isolated location and issued a letter of suspension with a total disregard to the delegate’s welfare. This action was a blatant attempt by Sydney Trains to bully your workplace representatives and force an inferior EA onto you. In response, the RTBU placed a call to action in the format of an online petition demanding Sydney Trains withdraw its intended disciplinary action which resulted in more than 1,645 union members signing
the petition. Your demand was crystal clear: ‘hands off our delegates’. It was outrageous conduct by Sydney Trains to go after your bargaining delegates in an act of brazen bullying and harassment coupled with the threat of disciplinary action. The demand of Sydney Trains was further reiterated by the RTBU Delegates and other members of the Combined Rail Unions (CRU) agreeing to form a block and refusing to partake in any further negotiations until our demands were met. The combined above actions delivered a blow to Sydney and NSW Trains, with the suspended delegate being returned to duties, and an apology being issued for the treatment of these brave delegates. The radical shift of Sydney Trains demonstrates the power of the union movement and what can be
achieved when we stand shoulder to shoulder in solidarity and sending the clear message of when Sydney Trains touches one they touch all! Now is the time to get more involved in the EA Bargaining Campaign by sharing RTBU posts of Facebook and checking if your workmate is in the RTBU and if not, inviting them to join. There has never been a better and more exciting time to join.
GET YOUR UNION NEWS Need to keep up-to-date with what’s happening in your union, need to know more about how fellow members are fighting for workers’ rights and winning battles on a daily basis make sure you grab your next edition of Rail and Road, or check out the rtbuexpress.com.au
Infrastructure members at ARTC Maitland keeping up to date with the Rail and Road.
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NSW Heritage Act Review Must Ensure Peoples Stories are told The NSW Government has conducted a Review of the Act which is now over 40 years old, finding that affects us all. It is our stories, memories and collective experiences. Unions were front and centre in introducing the original Heritage Act in 1977, primarily due to the pioneering efforts of the NSW Builders Labourers Federation. The BLF and its leader Jack Mundey instituted the now internationally famous “Green Bans” to prevent greedy developers from knocking down Sydney’s heritage buildings and appropriating public land for a quick quid. Fast forward fifty years and many communities believe from bitter experience that the wheel has turned full circle and the property developers have too much power once again. Our RTBU Retired Members Association has made a detailed submission to the Heritage Act Review and appeared as a witness before an Upper House Inquiry. The Association was able to draw on the many experiences we have encountered in fighting for the recognition and showcasing of rail workers at the former Eveleigh Locomotive Workshops which are being repurposed for retail and commercial purposes by property giant Mirvac. The centrepiece of the Association’s campaign has been ensuring the Eveleigh workers stories are recognised and presented in an appealing format using the latest technology. There is a treasure trove of information about the history of Eveleigh’s workers. This includes oral histories, photographs and descriptions of the role of Eveleigh’s social clubs as well as the many struggles at Eveleigh to improve wages and to improve primitive working conditions in the Workshops when few occupational health and safety rights existed. Heritage preservation has overwhelmingly focussed on buildings and in some instances machine collections. Eveleigh Workshops is a fine example of this with the grand Victorian era architecture and machines that enabled the fabrication, assembling and repair of the NSW railways locomotive fleet. The missing ingredient in heritage conservation is the workers who enabled this production have been largely forgotten, they have become industrial ghosts. The Association’s submission and witness evidence underlined the changes to how heritage is and should be defined to ensure greater recognition is given to living culture, including the history of working people. Our society has changed remarkably in recent decades due to immigration and social movements and a more diverse range of stories needs to be told and preserved. The Association’s submission made practical suggestions as to how increased resources for heritage conservation could be funded and that there needed to substantial changes to ensure increased participation, education and training for local communities to be involved in heritage conservation.
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Major Gain for our Association A public inquiry by the NSW Legislative Council has conducted a root and branch review of the Act and made a raft of recommendations for changes to both the legislative regime and the administration of heritage conservation in NSW. The Rail, Tram and Bus Unions Retired Members Association has been conducting a long campaign to ensure repurposed state heritage sites such as the former Eveleigh Locomotive Workshops in Redfern include the stories of the many industrial and political struggles forged by generations of workers and their Unions. The Review noted that Intangible Cultural Heritage had emerged as a key area of concern with a demonstrable gap in the architecture of the Act. It didn’t reflect structural changes to the economy and that there was scope to align the Act to a more contemporary understanding of heritage , including more explicit recognition that heritage consists of more than just built or tangible items. The Review Committee observed ‘’ the most vocal advocate of this position was the RTBU RMA which considered the current act to be fabric centric , a bias reflected in its definitions, objects and other elements such as the statutory functions of the Heritage Council.” The Committee commented “the state heritage register was considered inadequate in reflecting the diverse social and cultural fabric of the community, specific attention should be given to migrant communities, indigenous communities, women and other groups,” and recommended “that the NSW government amend the Heritage Act to explicitly reflect contemporary concerns, thinking and approaches to heritage conservation including intangible cultural heritage”. The NSW Government is required to respond to the 26 recommendations of the Committee within six months. Important steps have been taken to modernise the Act to reflect contemporary concepts, thinking and approaches to heritage conservation. Our campaign is far from over but a significant breakthrough has been made.
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The RTBU Has Lost a True Friend and Mentor – Vale Daryll Hull It is with great sadness that we note the passing of Professor Daryll Hull and pay fitting tribute to this greatly appreciated, highly respected and much-loved man. Much of Daryll’s career information has been selected from an obituary from Shipping Australia, 8 October, 2021. Known widely for his great intellect, compassion and understanding, Daryll passed away suddenly on Thursday 30 September 2021 in Newcastle’s John Hunter Hospital. Part of the Railway Family Daryll was the son of a railway worker. His father joined the New South Wales Railways as a young school leaver. He trained as a guard and the remainder of his working life he was part of the railway family. Daryll described his “earliest memory as a child was of the railway yards in Dubbo in New South Wales. We lived in the shunters’ cottages near the showground. Coal and soot was the backdrop to my childhood. We stood apart from the rest of the community as part of the railway family…My earliest playmates were the children of other railway workers. When I was old enough to accompany my father to the local hotel, it was a place that railway people drank”. (Foreword to On Wooden Rails, Celebrating 150 Years of Work on the NSW Railways) Daryll never lost his passion or concern for the welfare and working lives of rail workers, and workers across other industries. As former NSW Branch Secretary Nick Leowcki recalled, “I first met Daryll Hull in the late 1990’s he came to the RTBU office and asked to meet with me. He introduced himself and said he had just returned from Western Australia where he was undertaking consultancy work with the State Government and the representatives of the Milk industry following deregulation. He said he had been following in the media the Union’s campaign opposing the contracting out of the NSW Infrastructure work. I explained to him that if contracting out went
ahead there would be thousands of regional jobs affected. Daryll said he would think about what I had told him. A couple of days later he contacted me and organised a meeting where he put forward a campaign plan that would gain both political and community support for the union’s position. The result was the production of a report “Back On Track” that contained research undertaken by Newcastle University highlighting, by rural regions and electorates, the impact on job losses and the loss of financial income within these regions. The report identified the Liberal/ Labor or National Member in each affected electorate. This report was the basis of an ongoing campaign that resulted in the then Transport Minister, Carl Scully, convincing Premier Carr and cabinet to abandon the contracting of out of infrastructure in NSW. Daryll also assisted the Union with main projects including the Union negotiations with station reform. Consultants engaged by the State Rail Authority developed a ranking system for gradings on stations that reflected the duties and responsibilities. When this system was applied to the larger city stations this would have resulted in current station staff grading being reduced. Daryll helped the Union by arguing that the ranking system for larger stations did not take into consideration the large volumes of customers and responsibility for crowd and safety control. The union was successfully in having this included in the ranking system and was called the Daryll Hull Overlay. This protected the gradings of hundreds of station staff.” Daryll never stopped assisting the RTBU in its strategic planning and how to influence government through both media and lobbying to achieve our outcomes. “Daryll became a mentor to many of the RTBU organisers and myself. He had the ability to look at a problem, identify the strong points, weak points
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and recommend a way forward. This was highlighted with the sale of National Rail and FreightCorp. The Federal Government were proposing the sale National Rail. Daryll outlined to the Union that unless we understood the National Freight Market arguing against the sale of National Rail would have little impact on the Federal Government. Daryll was able to convince the then State Treasurer, Michael Egan, to fund a union report into both National Rail and FreightCorp. The Treasurer agreed and the Union engaged Price Waterhouse Coopers to prepare a report within the terms of reference prepared by Daryll Hull. This report revealed that the sale of National Rail would significantly impact on the viability of FreightCorp as the report identified that 80% of FreightCorp’s revenue came for 10 major coal contracts that were due to expire over the next 2 years. Daryll, with Union Organisers held meetings across NSW explaining to Members the findings of the report and implications to jobs if National Rail became a competitor against FreightCorp. Over 2,200 members attended meetings and gave the Union direction on how to move forward. The final option was that the NSW Government negotiate with the Federal Government a joint sale of National Rail and FreightCorp with protection for the existing working conditions in both National Rail and FreightCorp.”
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On a more personal note, Nick Lewocki stated that “after my retirement Daryll and I continued on a weekly basis to discuss politics, world events, what was happening with our families and the odd day fishing in my boat. I will miss my mate Daryll Hull and our weekly talks.” More recently, Daryll was actively involved in assisting the RTBU in developing a series of resources and events to commemorate the 1917 Rail Strike. A Stellar Career With an illustrious career spanning 40 years, Daryll has made tangible impact across the realms of industry, business, government and academia. Through his commitment and dedication, he leaves lasting impressions on many and will be remembered for his brilliant mind, generous spirit, and steadfast belief on the form and meaning of decent work, cooperative management and common ownership as the underpinnings of a new global social and economic paradigm. As well as being an all-round inspiring human, his lifetime of career achievements is also commendable. He ran his own successful businesses, assisted others to develop their business, and acted as an advisor and mentor for senior executives, academics and university students. Daryll also established the Transport and Logistics Centre, a national research centre funded jointly by the Federal and NSW Governments and worked with university research Centres at UNSW and Macquarie Universities. He was a senior public servant in Australia, the corporate projects planner for a major public company, Director and Chair of several computer software companies, Founding Director of a listed venture capital group, Chair of an industry forum in matters of road safety, head of a national research policy centre in transport and logistics, and a private consultant to various corporate clients. Daryll’s most recent post was as a Professor at Macquarie University and co-Director of Centre for Workforce Futures in the Faculty of Business and Economics, now the Macquarie Business School, Chairman of Engage
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Marine, and Co-founder of Future Ports 2050. “It has been a highlight of my career to collaborate with Daryll first at University of NSW when I was the Director of the Industrial Relations Research Centre and from 2011 at Macquarie University. As co-Directors of the Centre for Workforce Futures from July 2018 we shared a passion for envisioning a Future of Work in line with the UN’s Sustainability Goals and particularly Goal 8 Decent Work, to which Daryll made an immense contribution throughout his life. Daryll touched many people with his kindness and generosity of spirit, his support and his quick wit, intelligence, and insight and his irreverent sense of humour. His recent efforts to promote the reshaping of traditional models of work consistently focused on models of decency and co-operation. Together with many others, from a wide range of sector, I mourn Daryll’s passing and am committed to carrying on his legacy.” Professor Lucy Taksa, Director Centre for Workforce Futures at Macquarie Business School . “As a teacher, mentor and friend, Daryll pushed anyone he cared for to truly define themselves, what they stood for, and how they can make their industry and the world a better place. Daryll lived an inspired and authentic life which sets an example for all who knew him. He will be profoundly missed,” added Peter Creeden, MD at MPC International and Co-founder Future Ports 2050. Among his many contributions, Daryll was also working with key stakeholders on research relating to mental health in the transport and logistics sector through the development of the Steering Healthy Minds Project, in partnership with TWU and TEACHO Limited. “Daryll’s firm view was that all Australian workers deserved far more from their industry, regulators and politicians, and he spent his life addressing that gap with humour, insight and integrity which was quite often the glue that shaped industry and training policy at the highest of levels,” shared ITF President and National Secretary of the MUA, Paddy Crumlin, in paying tribute to Daryll’s optimism, calmness and perseverance.
“Daryll’s ability to bring people together to get things done was unrivalled. He was always involved in multiple projects designed to make the world a better place, but never too busy to lend an ear, or impart some words of wisdom. And he always let you know how valuable you were,” added Simon Earle, a close associate of Daryll’s. Daryll’s international work wasn’t only confined to Australia, extending across East Asia and into Europe. He was a long time Mission Leader for technology-based policy advice and technology business incubation and science parks with the United Nations in Malaysia, Indonesia, Thailand, The Philippines, China and India. Work also took him to Europe where he advised on matters of work organisation and management, based in Oxford at Ruskin College; and at the Inter University Centre in Dubrovnik (in the former Yugoslavia). At home, (in Australia) much of Daryll’s recent work concentrated on re-defining and reshaping traditional models of work, always with a focus on ’decent and co-operative’ work models. Industrial Relations lawyer Christa Lenard had the pleasure of working alongside Darryl on a number of maritime projects. “There are very few people who can demand the respect of the unions; of Boards; of business and every other stakeholder in between. Daryll was always that person – steady in the centre. When he spoke, the room listened.” Daryll is survived by his beloved wife, Merryn Hull, his children Arlyn, Nina and Fearn, sons-in-law Darwin and Renee and his much-loved grandchildren Emily, Harvey, Fraser, Hazel and Luca.The RTBU extends its condolences to his family at this sad time. Editor’s Note: I had the great honour and privilege to have known Daryll during much of his involvement with the RTBU, professionally and socially. Daryll also generously provided the Foreword to my book, On Wooden Rails. I also worked with Daryll briefly at TALC, and will always remember him as a truly genuine, highly principled and incisive man. His presence and contributions will be greatly missed in our industry, and many other sectors that he touched.
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Safety Matters ONE GIANT LEAP FOR RAIL SAFETY When Vanessa Low began talking safety with school children along Canberra’s new light rail route, they sat up and took notice.
Not only did the bright young woman have a graphic story to tell of the dangers on our trains, trams and roads, she was also one of the fastest and longest jumping women in the world, with a swag of Rio and Tokyo Paralympics medals to prove it. Vanessa, a TrackSAFE ambassador, was just 15 when she stumbled off a train platform into the path of a train. She lost both legs above the knee, and suffered severe head and back injuries. In a split second she went from being an active German teenager – “I was always running, playing handball, snowboarding, doing ballet, a bit of everything” – to being critically injured and spending five months in hospital fighting for life.
Vanessa would eventually be told that due to the extent of her injuries she would only be able to walk about five steps a day, so didn’t warrant the best prosthetics then on offer to other German patients. But she was determined, and managed to convince the medical experts to give her a six-week trial of the fancy, high-tech legs. “Everyone was sceptical about my idea of walking, let alone plans of running,” she says. “But at age 16 you don’t want to rely on others for help, you want to live your own life. “I didn’t want to live life in a wheelchair, so I forced myself to learn to
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walk, to try my best to be as independent as possible.” BORN TO RUN Vanessa proved the doubters wrong and not only learned to walk, but also to run. “I just knew to get to normality I needed to run again. Growing up I was always out and about at sport so for me it just meant returning to my normal life.” It was during her rehabilitation that she met Jörg Frischmann, a former Paralympian and now manager, who gave Vanessa her first running blades and invited her to a weekend trial. “At first I did a bit of running, which was more falling than running, but I
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was hooked straight away,” she says. “I was pushed into the Paralympic world as I was so inspired by these other athletes, these incredible human beings who were defining their own path.” Vanessa’s determination eventually took her to the 2012 London Paralympics, where she achieved limited success with her German team, then to the US, where she had planned a break but eventually trained with Roderick Green, husband of her London Games roommate Katrin. The work paid off, with Vanessa winning gold in Rio in the T42 long jump and silver in the T42 100m.
AUSTRALIA CALLS It was during this time, in about 2013 on a return trip to compete in the UK, that she met Australian Paralympian Scott Reardon. They became close friends, stayed in contact, and a year later during the European competition season became a couple, which is how she came to Australia. “I moved to Australia after Rio, to be with Scott. I had no plan to change citizenship, and was not even sure I’d continue in sport,” she says. “We committed to go to the Tokyo games together, but there were a lot of obstacles living in Australia and being separated from the rest of the German team with training, travel and competing, especially being in opposite seasons, so I ended up committing to change teams.”
Page 22
The move paid off for Australia’s medal tally: in Tokyo Vanessa broke her own world record three times and produced the performance of her life to win gold in the T63 long jump. Did her old German teammates begrudge her move? “There is no bad blood there, they are happy for me. They know the reasons, it was not for money or anything else, I just wanted to live my best life and to be with my husband.” PUTTING A FACE TO PUBLIC TRANSPORT SAFETY Back in Canberra after six months in camp and games lockdowns and training bubbles, including 14 days on isolation on her return to Australia and now more lockdowns in the city – “Living the dream,” she says – Vanessa has time to reflect on the part she plays in her safety campaigns. She had already been involved for some time with world motor sport governing body FIA on its #3500 Lives global road safety campaign, and a few years back signed on with TrackSAFE. “Being affected by a train accident, safety was always something close to my heart,” she says. “We take transport for granted, we use it every day, we use the streets on bikes or walking or driving, and don’t think about it enough. “We don’t realise how difficult life can become when impacted by one of these accidents. It’s always other people those things happen to, then you realise it is not.” It was this attitude she encountered on her move to live and train in Canberra, which had just introduced its light rail, with many in the city taking risks.
“It was new and a lot of Canberrans were not used to having it around,” she says. “All of a sudden you had a lot of these near misses, followed by an actual incident. “I approached them and said, I know you teach all those rules and tell people what to do, but maybe I have the power to tell people why these rules are important. “I spoke at a lot of schools along the light rail that were using it as everyday transport. I could see kids being silly around it, not being aware of the risks of their actions.” Vanessa says it was this that led TrackSAFE to approach her about two years back to become involved in a bigger, national campaign. “It’s mainly about giving this whole aspect of track safety an actual face, an understanding that there is an actual person behind those numbers of incidents. They are not just numbers on a piece of paper.”
RAIL & ROAD December 2021
Holiday at the RTBU Jervis Bay Holiday Park
Treat your family to a relaxing holiday, enjoying the pristine waterways, flora and fauna, and tranquility of the Booderee National Park. All RTBU members (as well as HSU and USU members) pay a discounted member rate. Nonmembers are able to book at the RTBU Holiday Park at a higher rate. Information is available on our facebook page RTBU Holiday Park Jervis Bay, and all bookings are to be made through the union office. Bookings are restricted on the basis of one unit per member (during summer holidays,.....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.
RAIL & ROAD December 2021
Page 23
Festive Season Office Hours The Rail, Tram and Bus Union, Pitt Street Office, will be attended as follows:Tuesday 21st December 2021
08.00 - 16.30
Wednesday 22nd December 2021
08.00 - 16.30
Thursday, 23rd December 2021
08.00 - 16.30
Friday, 24th December 2021
08.00 - 13.00
Saturday, 25th December 2021
CLOSED
Sunday, 26th December 2021
CLOSED
Monday, 27th December2021
CLOSED
Tuesday, 28th December 2021
CLOSED
Wednesday 29th December, 2021
08.00 - 16.30
Thursday, 30th December 2021
08.00 - 16.30
Friday 31st December 2021
08.00 - 13.00
Saturday, 1st January2022
CLOSED
Sunday 2nd January 2022
CLOSED
Monday 3rd January 2022
CLOSED
Tuesday, 4th January 2022
08.00 - 16.30
Normal Office Hours of 08.00 till 16.30 will resume on Tuesday 4th January 2022
Fighting for the rights of Unions and their members for 85 years. We fight to achieve the best outcomes for our clients, while reducing the stress they go through to obtain their compensation. With our No Win. No Fee* offer for Personal Injury Law and a Free Initial Appointment**, you can afford access to the justice you deserve. If you’ve been injured or suffered a loss, ask your Union for a referral to Slater and Gordon Lawyers.
Contact the RTBU Office about our exclusive Union member benefits *NWNF T&C’s: slatergordon.com.au/NWNF **Free appointment T&Cs: slatergordon.com.au/FIA
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 the union office327 on 195 (02) 9264 2511 For more information, contact ChrisatDoyle on 0425
or the union office on (02) 9264 2511 Page 14RAIL & ROAD December 2021
raIL & rOaD June 2010Page 25
RTBU announces new partnership with Union Health The RTBU has always been committed to acting in the best interests of its members. This has included looking after their health and wellbeing by recommending services like health insurance. The union has been on the lookout for a new health fund to partner with, one that is strong on union values and offers members great value. The RTBU is proud to announce a new private health insurance partnership with Union Health. Union Health is by no means a new kid on the block. Backed by Teachers Union Health Fund (TUH), which was formed by members of the education unions back in 1972, Union Health is here to serve union members and their families.
Being 100% member owned, Union Health’s profits go back to members, not shareholders. They offer competitive insurance premiums and more in your pocket when you need to claim. They also have a wide range of member benefits including exclusive discounts and healthy lifestyle programs to get you well and keep you well. This adds up to overall better value for you and your family.
when you switch from your old fund to a comparable level of cover. Union Health has developed a special offer just for RTBU members. To get 4 weeks free* and exclusive access to their top products, scan the QR code or mention you’re a member of the RTBU when you call. *Receive 4 weeks free after your first month of payment. Terms and conditions apply.
If you currently have private health insurance, or are considering getting it, make sure your premiums don’t fund corporate profits and executive bonuses. Consider making the move to Union Health today. Remember, you won’t have to re-serve any waiting periods
Make the Move to Union Health
The health fund with union values at its core 1300 661 283 | unionhealth.com.au/partner-rtbu
RTBU Holiday Park at Jervis Bay RTBU Members can also take advantage of the United Services Union’s Riverside 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 Riverside 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 Riverside Resort on 02 65849155 or check the website at www.riversideresortatport.com.au You can also call the United Services Union’s Head Offi ce on 02 9265 8211 for more information. Members must provide proof of identity plus their RTBU membership card at the time of arrival at United Services Union Jervis Bay or Port Macquarie 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 December 2021
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 27
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
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
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