Regulator has failed Rail Workers

In late July members received a message from NSW Trains management celebrating the New Intercity Fleet receiving accreditation from the Office of the National Rail Safety Regulator (ONRSR). This is an appalling failure of the agency tasked with keeping the railways safe.

ONRSR have ignored the RTBU

The RTBU has notified the Regulator that we have not been notified nor consulted with in relation to the changes to NSW Trains’ accreditation. We also provided the regulator with documents and reports that demonstrate that the operating model is unsafe for passengers, particularly children and other vulnerable people.

We have written to ONRSR SEVEN times and received NO RESPONSE

Under the Rail Safety National Law, NSW Trains had a clear obligation to consult with the RTBU on changes to the accreditation process, but it has failed to do so. Remember, we wrote to ONRSR seven times.

Federal Court Proceedings

While NSW Trains and the NSW Government were making announcements of this nature, they were in the Federal Court seeking an injunction trying to force members to crew the NIF. NSW Trains has also made an undertaking to the Federal Court that if any member refuses to board the NIF on safety grounds before the matter is resolved will not face any adverse impacts.

The Fine Print

Although the announcement implies that the NIF is safe and that is the end of the story, there is further detail that has been glossed over. NSW Trains has only been accredited to run the NIF between Newcastle and Sydney Terminal and only with a second safety qualified person on the train. It is unfathomable that NSW Trains still won’t fix a simple issue that would allow a Guard to ensure the safe operation of trains on the network as they do today.

What happens next

Whereas the NSW Government and NSW Trains seem to be making decisions based on ego and trying to justify their shonky overseas purchase, we know that RTBU members’ decisions will always be about safety. The safety of members and the travelling public is our priority. Members will do whatever is necessary to ensure our railways are safe.

For safety, every single time.

See related article on Federal Court win below.

NIF Update: Another Win for Safety

In August our Legal Team was at work in the Federal Court of Australia, where NSW Trains made a desperate and last ditch effort to force members to staff a proven unsafe train, and we won. In a stunning win for safety, the Federal Court rejected NSW Trains’ application to force changes to working practices and arrangements proposed to allow for the introduction of the New Intercity Fleet (NIF). We are still working through the judgement, but we won on every point:

Meaning:

• The Federal Court found that changing the working arrangement for Drivers and Guards would be an extra claim and not permitted. • The Federal Court dismissed in full NSW Trains application meaning they cannot force you to crew the

NIF. This is a significant win in a fight that we should never have had to have. Since the judgement arrived, we have not heard from NSW Trains, TfNSW or the Government so members need to be on high alert for any suspicious activity in relation to NIF readiness activities. If you see something, make sure you let your delegate know. Nevertheless, NSW Trains’ have undertaken to not take any adverse action against any worker who refuses to board the NIF. The fight for a safe operating model on the NIF is far from over, but we have NSW Trains on the ropes and are prepared to do whatever it takes to finish this fight. NSW Trains did not appeal the Federal Court judgement, so we await their next move.

Sydney Train Guards Competency Assessments

Union demands Premier refute secret transport sell-off plans

On Sunday, 18 July 2021 Sydney Trains released a communication which stated that Competency Assessments (CA) would continue during the current COVID-19 restrictions.

In a media release issued on 19 August, the Rail, Tram and Bus Union (RTBU) NSW called on the Premier and Transport Minister to denounce a leaked PwC report recommending the corporatisation of the state’s public transport network, including billions of dollars in infrastructure and assets, as a clear betrayal of its election promises and an unacceptable threat to public safety.

This decision is clearly concerning for Train Guards considering the rate of community transmission and the inability to maintain physical distance for extended periods of time during these assessments. The Train Guards Sub-Division believe that this decision by Sydney Trains forces Guards to accept an unnecessary risk. With the current circumstances in mind, if you are rostered for a CA our advice is for is for you to conduct a personal risk assessment and if you feel that participating in CA puts your health and safety at risk contact your Shift Manager and ask them to reschedule CA. You should also advise your manager that you are still available for alternative and safe duties. For assistance or support please contact your Organiser or Delegate.

“This report confirms our very worst fears about the government’s plans for our state’s public transport,” says Alex Claassens, Secretary of RTBU NSW. “The NSW Government built a financial house of cards when it set up the Transport Assets Holding Entity, with no purpose other than to bolster its budget sheet. “The fact that TAHE is an unviable and unparalleled failure is outrageous enough. But the government actually considered covering up its failure by fully privatising the entity, then propping it up by handing over billions of dollars of taxpayer-owned infrastructure, including all of our buses, trams and trains, to profit from. “Taxpayers would end up footing the bill, paying more for public transport while receiving a poorer service that is less safe. “All of this was considered by the government just to improve its balance sheets. It’s an outrageous betrayal of the people of NSW, who stand to lose in every way. “Premier Berejiklian made a promise that no public assets would be sold by her government. “The Premier must come forward today to denounce this report. She must make a clear and solemn promise to the people of NSW that their valuable public transport assets will never leave the government’s hands, and that when it comes to safety the buck stops with the government. “The union has fought this government at every step as it privatises our public transport network inch by inch. It’s always claimed that the public will benefit, but today’s revelations have blown all such claims out of the water. “Premier Berejiklian must earn the public’s trust on transport again, and it starts with denouncing this report today and putting a stop to the great transport sell-off that’s been happening on her watch.”

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