2022 Rail and Road - December Edition

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to all RTBU Members and their Families Merry Christmas and a Happy New Year Print Post Approved 25500003-01148 VOLUME 116 No.4 December 2022 RAILROAD AND THE MAGAZINE OF THE NSW BRANCH OF THE RAIL, TRAM & BUS UNION

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From the Branch Secretary

2022 has been a big year for our union and members. While much of the media attention has been on the ongoing dispute with the NSW Government over our Sydney/NSW Trains EA and the ongoing safety concerns around the New Intercity Fleet, we have continued to perform our union work across the industry. We have successfully negotiated new agreements in most sectors, and have been protecting members in the continued Government push for bus privatisation.

Earlier in the year we saw the election of the Federal Albanese Labor Government, who have vowed to improve working conditions and wages for all Australians. In the first six months of the Labor Government, we have seen support for an increase in the minimum wage to keep up with cost of living, the introduction of paid domestic violence leave, an extension of the paid parental leave, a national Jobs Summit, bringing together unions, government and business to address improvements to work and industrial relations. The Albanese

Government has also introduced the Secure Jobs, Better Pay Bill to progress some of these outcomes and to reform aspects of the industrial relations system. This is more than the previous government did for working people in the last decade.

The RTBU has also had input and made formal submissions, into a number of major Inquiries affecting our industry and members, including the Parliamentary Inquiry on Emission Free Transport and a Select Committee on Coronial Jurisdiction dealing with workplace fatalities. These are reported in this issue of the Rail & Road. Also reported are the findings of a Legislative Council Report on Bus Privatisation, which found what most of us already knew, and that is that bus privatisation delivers poorer services, poorer working conditions, is less accountable, and is driven by profit rather than public interest. The Report recommended that the NSW Government abandon bus privatisation and reverse those areas already privatised.

In this Issue

Members should have received their ballot papers for the current RTBU National and NSW Elections. Voting in our union elections is an important part of ensuring that our union representatives are democratically elected and reflect the will of members. I would strongly urge all members to exercise their democratic right and vote in the election for the union leaders you want. Please complete your ballot papers and return to the Australian Electoral Commission before the ballots close on 12 December.

The work of the union doesn’t stop over the summer festive season, we will be continuing our efforts around key industrial negotiations and issues. I would like to thank all members and delegates for their loyalty and tireless efforts during a tough and challenging year. I would also like to wish all members and their families a Merry Christmas and a Happy New Year, and trust that you will be able to spend time with loved ones during the festive season.

Industrial News Union Condemns Government Attempt to Recoup Strike Costs ... 4 QUBE Enterprise Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Government Refuses to Put Its Money Where Its Mouth Is .... 8 Industrial Notes No Extra Notice Required for Train Bans 9 PN Bulk Ea Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Commuters Get Free Travel as Premier Attempts to Pause Rail Dispute ................................. 11 Tram & Bus News ................................... 10 General News Government Prior Knowledge of Cracked Trams ‘Disgraceful’... 12 Family & Domestic Violence Leave One Step Closer ........ 13 Jobs and Skills Summit Outcomes ...................... 14 Inquiry on Bus Privatisation Confirms RTBU was Right ..... 16 Labor to Increase Paid Paid Parenting Leave .............. 17 Retired Members Lash Out at Rezoning Proposal .......... 20 Whistlestop ........................................ 26

Industrial News

Union condemns “unprecedented” Government case to recoup rail strike cost by suing its workforce

The RTBU says an “unprecedented” NSW Government court case claiming that deactivating Opal card readers at Sydney train stations is not protected action and seeking to recoup lost revenue will force it to revert to disruptive strikes, as the union files its own court action in response.

The RTBU filed a Federal Court application urgently seeking clarification on the legality of its action targeting Opal card readers on the Sydney Trains network and has called off a planned shutdown of the system, until such time as the legal position is clarified.

The move follows a NSW Government Federal Court case launched in late October that seeks compensation, damages and penalties against the union, along with declarations that Opal disruptions totalling about six weeks between August and October do not qualify as “protected industrial action” within the meaning of s408 of the Fair Work Act.

The Perrottet Coalition Government argues that leaving Opal gates open initially was not authorised by an earlier FWC protected action ballot order as it did not involve a ban on performing work or performing it differently within the meaning of s19(1)(b) and (1)(a).

Although a new Protected Action Ballot Order in late September specified that proposed industrial action might include deactivating Opal readers and gates, the Government claims the union also continued to breach s343 and s362 by organising

and arranging such action with an intent to coerce employers to accept its agreement terms.

The statement of claim refers to delegates who voted at bargaining meetings and names RTBU NSW Branch Secretary Alex Claassens and Director of Organising Toby Warnes as having knowledge that the earlier action “was intended to hurt financially” to “force” the employers to accede to its claims.

Unions NSW says it “appears the NSW Govt is setting conditions to seek personal penalties against individuals fighting for safety and fair pay during a cost of living crisis”.

Branch Secretary, Alex Claassens says the court action is an “unprecedented attack” and told members that “in what is probably a first in the history of Australia, the NSW Government decided to actively sue its own workforce”.

After calling off the planned shutdown of Opal gates on the rail network in response to the court action, Mr Claassens says that as “silly” as some of the legal claims sound, the NSW Government has “invested serious time and (taxpayer funded) resources into preparing this application, and it potentially has very serious consequences for our Union”

He says it is therefore “likely that we will have to escalate our previously taken types of disruptive industrial action to drive us closer to an enterprise agreement”.

In an RTBU Facebook post, the union said it had “tried to minimise harm to the public and give everyone free fares”.

“We really did. Sorry, more strikes coming,” it said, adding that they are the “only tool we have left to achieve safety on the railways and a fair enterprise agreement”.

Delegates then went about preparing and distributing a new “November calendar of actions” to members.

Transport for NSW Secretary Rob Sharp and NSW Trainlink Chief Executive Peter Allaway accused the rail unions of failing to genuinely try to reach agreement with government entities on the terms of a new agreement and a deed outlining safetyrelated modifications to the new intercity train fleet.

Unions NSW Assistant Secretary Thomas Costa meanwhile at the time said Transport for NSW had shifted the goalposts by issuing a “new deed” along with a threat to move to terminate the current deals if it was rejected.

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QUBE Enterprise Agreement Update

On Tuesday 25 October 2022, the Locomotive Division Enterprise Agreement Committee met with QUBE Management to continue bargaining for a replacement Enterprise Agreement.

At this meeting QUBE Management presented a proposal for an Annualised Salary, which in their view provides a simple way to remove uncertainty around pay. This proposal was unexpected as there has been no discussion of an Annualised Salary during bargaining to date.

While an Annualised Salary might sound attractive, the devil is in the detail. QUBE’s proposal includes the removal or reduction in a range of existing conditions. These have been detailed in our bulletins on Locoexpress.

The EA Bargaining Team showed great restraint in remaining calm and composed throughout the presentation before launching into questions. The Bargaining Team led off by questioning what figures are attached to each classification for the Annualised Salary as QUBE’s proposal lacked this basic detail. Alarmingly, QUBE advised that they didn’t have any figures as they were simply enquiring if this proposal would be acceptable and what items/ entitlements they believed could be sacrificed to achieve an Annualised Salary.

Bargaining Reps made it clear, that without the provision of all necessary detail and the endorsement of Locomotive Division Members any consideration of an Annualised Salary cannot occur.

QUBE Management then provided a “ballpark” figure of $120k for a Level 4 Driver. The EA Bargaining Team took some time alone to discuss the proposal and the many

items/entitlements that QUBE are attempting to vary and or remove noting that once an entitlement goes, it is hard to get it back.

The EA Bargaining Team put 2 options back to QUBE Management.

1. We could undertake a Depot Tour to discuss and gather feedback from Members. Your Bargaining Team made it clear that they did not believe members would ever accept an obvious and blatant “conditions grab”.

2. Scrap this proposal and continue with proper and constructive negotiations.

Some quick calculations based on the $120K “ballpark” figure highlighted just how far off the mark QUBE is with their proposal. Upon this realisation, QUBE Management proposed that they “go away and crunch some numbers” before getting back to the EA Bargaining Team the following week.

We also took the opportunity to remind QUBE that they clearly still have a lot of work to do as this proposal doesn’t include any items from member’s endorsed Log of Claims or address the items highlighted in the completed Rostering Survey.

Regardless of QUBE’s next steps, members will continue to set the direction for the Bargaining Team in these negotiations.

Page 6 RAIL & ROAD December 2022
to all RTBU Members and their Families Merry Christmas and a Happy New Year

Members attending Sydney / NSW Trains EA Industrial Action Meetings

RAIL & ROAD December 2022 Page 7

Government Refuses to Put Its Money

Where Its Mouth Is

In the weeks following the NSW Government’s threat to sue its workforce and the RTBU if action proceeded with turning off Opal machines , Government ministers have lined up in the media to suggest that it is the Unions who are stopping the enterprise agreement from being approved and bringing this dispute to a close. We know this is not true at all – after all, it was the Government that made a promise to the Fair Work Commission that it would not put the agreement out to a vote until the good faith bargaining case is finished.

In response to this Government rhetoric, our EA delegates, in conjunction with delegates across the Combined Rail Unions, have told the Government that it’s time to put its money where its mouth is.

If the Government agreed to our final outstanding claims, listed below, and committed to lock them in (and of course honour their commitment to the already agreed items from our log claims) regardless of the outcome of a vote, then it would be free to test its theory that members will accept their wages cap by putting the EA to a vote.

In yet another attempt to reach a resolution to the dispute, the CRU wrote to Sydney Trains and NSW Trains to set out the 4 outstanding claims yet to be resolved that would have to be addressed before an agreement is put to a vote. They are:

1. Rostering Agreements for Stations, Network Control, CSOs, On-boarders, and Fleet Maintenance.

2. Deed for the New Intercity Fleet, as well as a prohibition on Driver Only Operations and staffing requirements for safety at the Platform Train Interface.

3. Higher Standards Cleaning Allowance of $2.55 per hour.

4. Union Involvement in risk assessments.

The wages component is still very much outstanding with the Government stuck on its inadequate offer of 2.53% payable from 1 May 2022, and 3.03% from 1 May 2023 with the Agreement expiring on 1 May 2024 (noting that their wage offer contains only two increases and excludes the entire third increase in the CRU offer). Given the Government’s steadfast refusal to move from its wages position, the only

way to comprehensively tell them its not good enough is a resounding “NO” vote.

The Government has been saying that it wants to put its deal to a vote. This was its chance to agree to the final union claims and see whether hardworking union members will accept their insulting wage increase.

Still Playing Politics

In early November, the NSW Government again took steps to drag out our ongoing EA dispute.

Their letter of response contains a refusal to put the draft Enterprise Agreement to a vote with all agreed conditions. In fact, the letter went backwards on previous government positions. The government now wants to take conditions away from union members (previous positions had members maintaining all their conditions), including the government wanting to have the Fair Work Commission arbitrate on whether clauses 12, 13 and 14 should exist at all, and what our wage increase and newly won allowances should be.

If we needed even more proof that this is nothing more than a political game for the government, this is it. The NSW Government Ministers have been saying they want to put an Enterprise Agreement to the workforce to vote on, but as soon as we put forward a position which would allow them to do that, they change their minds.

This should be about getting safe trains on our tracks and fair wages and conditions for rail workers, but instead it’s becoming a platform for a few Ministers to make a name for themselves ahead of an election.

It’s a farce and the rail workers and commuters of NSW are the ones paying for it.

It’s important to note that the government cannot put an agreement out to the workforce to vote on while the “good faith bargaining” Fair Work Commission case is still underway, and the timeline on that case is still unknown.

to all RTBU Members and their Families Merry Christmas and a Happy New Year

No extra notice required for potential train bans

On September 30, Sydney Trains’ request for extra notice of RTBU plans to turn off Opal readers and gates so it could safely do so itself has been rejected by the FWC, a senior member observing that on the employer’s own evidence it would only make any potential disruption worse.

Described by RTBU NSW Branch Secretary Alex Claassens as a “bizarre” proposal, Sydney Trains and NSW Trains, while not opposing a Protected Action Ballot sought, asked that the notice period be extended from three to seven days so it could direct electricians or trained technicians to complete deactivations across the network.

The request was rejected –Deputy President Michael Easton granting a later updated PABO – before the Deputy President provided detailed reasons as to why he found no exceptional circumstances justifying an extension.

The ballot asks if, in support of negotiating a new agreement, members approve of taking protected

action including “any or all of” deactivating Opal readers and gates; ensuring that Opal readers and gates remain deactivated; opening ticket gates at train stations; and ensuring that ticket gates at train stations remain open.

In arguing for seven days’ notice of any such action, Sydney/NSW Trains told Deputy President Easton that station staff are not authorised to power off Opal poles and gates except in “limited emergency situations”.

The cabinets and switchboards containing the power switches were “inherently dangerous”, the employers said.

To avoid exposing employees to any risk, “Sydney Trains and NSW Trains would be required to consider, plan for and implement a controlled power off and shut down of all Opal readers and gates across the entire network; by electricians or trained technicians, members of the Facilities Management team or contractors engaged by that team”.

Noting that the employers acknowledged that the

public would not be “compromised” by the proposed industrial action, Deputy President Easton in weighing whether the necessary exceptional circumstances existed nevertheless agreed that, “on the materials before me”, the risk of harm or injury for some workers would be increased.

“Progressive” deactivation would exacerbate situation

The Deputy President further noted that “in this matter there is no concern that allowing Sydney and NSW Trains extra time to make preparations will nullify the effect of the industrial action or weaken the RTBU’s bargaining position”.

“In fact, Sydney and NSW Trains plan to engage electricians to perform the threatened action instead of the employees.”

“Moreso”, the Deputy President said, with the employers estimating it would take 7-12 days to turn off all their Opal readers and gates, their plan of “progressively deactivating Opal poles... will exacerbate rather

than negate the deleterious effects of the RTBU’s proposed action”.

Ultimately, the Deputy President preferred an RTBU analysis of Sydney/ NSW Trains’ evidence suggesting the employers could deactivate the Opal system at all 160 station inside three days.

“Having found that there are no exceptional circumstances that justify an order to extend the notice period, there is no discretion for me to do so,” Deputy President Easton said.

The latest development in the long-running dispute comes after the RTBU earlier this month withdrew a threat to turn the Opal machines in the wake of the NSW government’s s418 application to terminate the action.

The new PABO was sought after the union received legal advice that it could lose the right to take further industrial action if the FWC found the Opal shutdown did not constitute a “specific ban” approved by RTBU members in a Protected Action Ballot back in January.

RAIL & ROAD December 2022 Page 9
Industrial Notes

PN Bulk EA Wage Offer

In our last edition we reported how Pacific National had sent out correspondence to members indicating that their EA wage offer equated to a pay rise of 4% each year. As a result of the Company’s actions, we repeatedly wrote to management asking that they explain their calculations, as it was clear to delegates and officials that PN could not substantiate their claim that their offer equated to a percentage increase of 4% each year. The company failed to provide any real evidence or figures to back up their assertions.

We met again for bargaining in early October. At this meeting, PN revised their offer. Their new offer was a 2% pay rise on a “yes vote” of the EA, 2% in the first year of the EA, 4% in the second year, 4% in the third year, and 4% in the fourth year. The offer also included a 2% sunset clause.

Delegates recognised this positive movement and agreed to pause protected action so that delegates could be released and meet with members to gain the workforce’s views on PN’s offer. It is clear that the movement from management was assured through continuous pressure from industrial action and the Locomotive Division calling out PN’s misleading communications.

After a month of meetings with members across the

state it is clear that PN’s offer is unsatisfactory, and members want a higher pay increase at the start of the EA and some recognition for their efforts during the pandemic. On this basis, we put the following proposal to PN: $4,000 payment and a 2% pay rise on a “yes vote” of the EA, 2% increase and the Aggregate Allowance rolled into the base rate of pay in the first year of the EA, 4% in the second year, 4% in the third year, and 4% in the fourth year, along with a 2% sunset clause.

PN reacted to this proposal by taking the surprising step of referring bargaining back to the Fair Work Commission. This is despite the fact that PN did not offer any counter proposal, and both parties are mature industrial actors that should be able to bargain directly with one another.

As a result of PN’s refusal to entertain our latest wages proposal we have ramped up our industrial action. Bans on the operation of trains that do not have all of the Mandatory Emergency Equipment, as specified in the Network Provider TOC Manuals, are due to commence next week. We are preparing to notify of further actions that will have a real impact on PN’s operations but still emphasise PN’s failure to comply with basic safety requirements.

TRAM & BUS UPDATES

Region 6

At the start of July, Transit Systems Australia (TSA) had been sitting on the pay rise for #900 drivers to sway negotiations. In response to this the TWU demanded for these pay rises to be passed on, and the RTBU backed any action the TWU members were willing to take to ensure workers received their fair pay. This is not a new tactic for them, with the company having sat on a Region 3 pay rise for over 2 years.

To demonstrate the importance of this to workers, protected industrial action was planned for both morning and afternoon peaks between 25-29 July.

The company has now agreed to pass on this pay rise to all 900 drivers, and we applaud the solidarity of workers that made this possible. While legacy drivers have secured pay rises and backpay through RTBU legal action, there was unanimous support for our colleagues and solid backing for the planned action.

Region 7 EA Update

We’ve now finalized outlining our general issues to Busways with their proposed Enterprise Agreement. The next step is for the company to get back to us with their position on the same items, after that we can get into the nuts and bolts of each issue and work through them. It seems like there is not much that we won’t be able to find a middle ground on and if this continues, we’re confident that we can negotiate a decent outcome.

It is crucial if we don’t want to follow the Region 6 experience, and that we do come to a negotiated outcome. As we’ve said before, we’re not going to be able to keep everything we had in.

Page 10 RAIL & ROAD December 2022

Commuters Get Free Travel as Premier Seeks Pause to Rail Dispute

Premier Dominic Perrottet announced on Friday 18 November that rail commuters would get one week of free travel in an attempt to divert ongoing industrial action.

Meeting with the Premier

On the afternoon of 17 November, NSW Premier Dominic Perrottet, called a last-minute meeting with the Rail Tram and Bus Union.

At this meeting the Premier stated that if our protected industrial action goes ahead on Monday 21 November, he will “rip up” any commitment he had made to fixing the safety issues on the New InterCity Fleet. This ultimatum was accompanied by a deadline to advise the government by the following morning whether our Monday action will go ahead.

An emergency delegates meeting was held on the morning of 18 November where EA bargaining delegates made it clear: you can’t rip up an agreement that was just words at a press conference.

The Premier doesn’t get relief from actions or political brownie points

for promises and platitudes. The RTBU reiterated that the only way the actions could come off is if the government does what we’ve been asking for a long time: sign the NIF deed, commit to safety, and separate NIF and the safety modifications from the proposed Enterprise Agreement. Alternatively, they can simply give commuters free fares for the duration of the action as has been the case for each and every action of our November calendar.

One Week of Free Travel

On Friday 18 November the Premier publicly announced that commuters would receive free travel for the week of Monday 21 – Friday 25 November, in an attempt to avert the planned industrial action and to meet and attempt to resolve the dispute.

The ABC reported Mr Perrottet as saying that “This has gone on for way too long. Providing free travel for the week will ensure that industrial action does not occur… We’re going into mediation on Tuesday, and I want these matters resolved”.

The Premier was referring to a conciliation session scheduled for the Tuesday, where the Government would argue and try to get agreement on terms of a managed arbitration in the Fair Work Commission.

Branch Secretary Alex Claassens said that he hoped the Premier’s intervention may lead to a result, as we have had promises of resolution before.

The Federal Minister for Workplace Relations, Tony Burke lashed out at the State Coalition Government, accusing some Ministers of playing ‘political games’. It came after NSW Minister for Finance Damien Tudehope, on the same day as as he, the Premier and Transport Minister Elliott were meeting with the RTBU, urged the Federal Government to intervene in the dispute.

Mr Burke refused to step in, suggesting that the NSW Government is either ‘naïve or deliberately misleading.’

See ourrightsourfight.com.au for the latest developments in the EA negotiations.

RAIL & ROAD December 2022 Page 11
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 TRAM & BUS EXPRESS

Government prior knowledge of cracked trams disgraceful

The revelation in October of internal documents which show that the NSW Government knew about the risk of trams on Sydney’s inner-west line cracking, but did nothing about it point to a government willing to turn a blind eye to transport safety risks, tram drivers say.

Secretary of the RTBU Tram and Bus Division NSW, David Babineau, said the revelations that documents provided to the government highlighted a risk of “faults and failures” around two years prior to the trams being taken off the tracks for an extended period of time are a slap in the face to workers and commuters.

“That the government knew about these risks but simply turned a blind

RTBU Visits New UGL Control Centre

On 6 September Branch Secretary Alex Claassens and Infrastructure Organiser Wayne Moody attended the new UGL Train Control Centre in Orange.

Following the transfer over from John Holland CRN to UGL Regional Linx Pty. Ltd, UGL have design and developed a new signalling system that will be integrated across the network and be fully operated out of Orange, the system is currently undergoing testing.

Alex Claassens gets a rundown on the new system by Jamie Dean UGL Network Control Manager with representatives from Transport NSW, UGL Regional Linx, and ONRSR

eye to them is disgraceful,” Mr Babineau said.

“This clear show of government incompetence resulted in absolute transport mayhem for inner-west commuters. The idea that it could have been avoided but wasn’t is unbelievable.

“The people of the inner-west were left without trams for months. They should all be asking questions about

why the government allowed it to get to that point.

“Not only did the government ignore the warnings, but they then went ahead and order more overseas made trams without any further investigation.

“The sooner this NSW Government realises that public transport is a public need and not a political plaything, the better.”

Page 12 RAIL & ROAD December 2022 General News

FAMILY & DOMESTIC VIOLENCE LEAVE LAWS ONE STEP CLOSER

The Albanese Government has delivered on a key election promise, putting legislation to parliament to lock in a minimum of ten days paid family and domestic violence leave for all workers.

National Vice President Leanne Holmes said the RTBU made a sub mission to the Senate Education and Employment Legislation Committee supporting the draft laws.

Leanne said our submission argued that all full-time, part-time and casual workers should have access to paid Family and Domestic Violence Leave, and payment for leave must be at actual rates of pay (not base rates).

Furthermore, entitlement to paid Family and Domestic Violence Leave must be available from commence ment of employment, not progressive ly accrued.

“The RTBU has already negotiated Family and Domestic Violence Leave into many Enterprise Agreements around Australia,” Leanne said.

“We know that having the opportunity to take time o work is potentially life-saving for people caught in violent and controlling relationships.

“Victims of domestic violence need time: time to find a place to live, time to see a doctor, time to set up new bank accounts and establish financial independence, time to enrol children in new schools, time to get counselling and professional support, and so on.

“For victims who are also trying to hold down a job, that could be time they just don’t have.”

In his speech introducing the news to Parliament, Minister for Employment and Workplace Relations Tony Burke spoke passionately about the impact that family and domestic violence has on workers.

“People often leave a relationship with just the clothes on their backs, and have to start from scratch to build a new life,” Tony said.

“The economic impact on these work ers and their families is nothing short of devastating.

“Paid leave provides the financial support and economic security these individuals so urgently need to help them leave dangerous situations safely and rebuild their lives.”

Tony Burke said the principle behind the paid leave entitlement was simple: getting out shouldn’t mean losing pay. An increasing number of employ ers—both large and small—are already providing a range of support to their employees experiencing family and domestic violence, including access to paid leave,” he said.

“All states and territories now provide their employees with access to paid leave to deal with family and domes tic violence.

“This entitlement will be enshrined in the National Employment Standards and cover up to 11 million employees.

“It will be a lifeline when women most need it, allowing workers to take

necessary steps to stay safe, while retaining their jobs and their income.”

At the time of writing, the new laws were being debated by the Senate.

Stay tuned to the RTBU National facebook page for updates.

Tony Burke puts the finishing touches on his speech introducing

RAIL & ROAD December 2022 Page 13
RTBU TRANSPORT NOW OCTOBER 2022 10
Having the opportunity to take time off work is potentially life-saving for people caught in violent and controlling relationships

JOBS & SKILLS SUMMIT DELIVERS A NEW DEAL FOR WORKERS

After years of bare-knuckled industrial combat, the new Albanese Federal Government has set the tone for a new era of cooperation in workplace relations.

The recent Jobs and Skills Summit in Canberra saw representatives of the business community, state governments, civil society, disability groups and the trade union movement come together to discuss the country’s employment and training challenges.

There‘s only so much that can be achieved in a day and half, so the summit was preceded by around 100 industry and community roundtables across Australia.

The RTBU participated in a number of these roundtables, and was represented at the Summit by National Secretary Mark Diamond.

Mark said the Summit came up with 36 initiatives for the Federal Government to progress immediately, and a similar number of longer-term initiatives to start working on.

“Importantly for RTBU members, these initiatives included several things that we have been campaigning for,” Mark said.

“One of the biggest wins for us was the commitment to fix the flaw in the Fair Work Act which allows employers to tear up enterprise agreements at the drop of a hat.

“Our members were the first to su er from this flaw when Aurizon ripped up a dozen agreements almost 8 years ago. Now the Premier of NSW is trying it on as well, threatening to tear up EAs for workers at Sydney Trains and NSW Trains.

“There was a lot of talk leading up to the summit about making changes to enterprise bargaining to kick start wages growth, and addressing EA

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4 RTBU TRANSPORT NOW OCTOBER 2022

Key outcomes from the Summit included:

1. An additional $1 billion in joint Federal-State funding for fee-free TAFE in 2023 and accelerated delivery of 465,000 fee-free TAFE places;

2. A one-o income credit so that Age Pensioners who want to work can earn an additional $4,000 over this financial year without los ing any of their pension;

3. More flexibility in the use of the $575 million National Housing Infrastructure Fa cility to invest in social and a ordable housing;

4. Modernising Australia’s workplace relations laws, including to make bargain ing accessible for all work ers and businesses;

5. Amending the Fair Work Act to strengthen access to flexible working arrange ments, make unpaid paren tal leave more flexible and strengthen protection for workers against discrimina tion and harassment;

6. Improving access to jobs and training pathways for women, First Nations peo ple, regional Australians and culturally and linguis tically diverse people, and other measures to reduce barriers to employment;

7. An increase in the perma nent Migration Program ceiling to 195,000 in 202223 to help ease wide spread, critical workforce shortages; and

8. Extending visas and relax ing work restrictions on international students to strengthen the pipeline of skilled labour, and provid ing additional funding to resolve the visa backlog.

MARK v DOM IN SUMMIT SHOWDOWN

While the summit itself was a civilised and serious a air, things got a bit more heated in the Parliament House foyer when National Secretary Mark Diamond came face-to-face with NSW Premier Dominic Perrottet.

Perrottet’s minions had just sent the RTBU and other NSW rail unions a letter demanding that all industrial actions cease, or the NSW Government would apply to the Fair Work Commission to terminate the Sydney Trains and NSW Trains enterprise agreements.

Mark saw the Premier across the foyer during a break at the summit , so he took the opportunity to invite the Premier to meet with workers to explain his actions. The invitation was not well received.

The interaction was witnessed by the nation’s media, and splashed across major newspapers.

The Premier was left in no doubt that NSW rail workers mean business, and they have the full support of their national all-grades union.

RAIL & ROAD December 2022 Page 15
TRANSPORT NOW OCTOBER 2022 5
October 2022
Left, Nick Bonahady / The Sydney Morning Herald
RTBU
from TRANSPORT NOW

Inquiry Confirms that the RTBU was Right

Report Recommends End to Bus Privatisation

The NSW Legislative Council Report on Privatisation of Buses, September 2022 found that bus privatisation in NSW has resulted in less services, prioritising profit over public interest, lower accountability and uneven industrial conditions.

The Report’s findings were:

Finding 1

The recent privatisation of bus services has not resulted in any real market competition because the competition occurs only at the tender phase after which time the market for a particular area is monopolised albeit regulated. This creates a potential situation where the market can be characterised as more of an oligopoly than a free market and in those circumstances does not result in the best service for the travelling public. Under public ownership the benefits of such monopoly control can be passed on directly to the public through low fares and increased service provision and direct accountability.

Finding 2

The privatisation of bus services in New South Wales has created an incentive for private companies

to sacrifice the needs of more vulnerable people in order to cut costs while still appealing to a wide enough user base to meet their contractual obligations.

Finding 3

The privatisation of bus services in Sydney and Newcastle have resulted in more limited service delivery, higher costs for passengers and worse pay and conditions for bus drivers.

Finding 4

Recent changes to bus services in Sydney and Newcastle, including location of stops, frequency of services and changes to routes, have at times occurred without comprehensive community consultation.

Finding 5

There are instances where private operations have been an obvious success such as on the Central Coast where the operator Red Bus Services is driven not just by profit but also by customer and staff satisfaction. This correlates with the smaller based family ownership and control structure of the company and their historical connection with that community.

Finding 6

The recent privatisation of bus services in NSW has resulted in a two-tier class of workers whereby the wages and conditions of some bus drivers working on exactly the same buses and routes as their colleagues are paid less and have worse conditions because they are employed by the private operator under a separate industrial instrument.

The Report’s key recommendation was:

“That the NSW Government give consideration to taking action to revert bus services to being publiclyowned-and-operated for:

• bus services in the four recently privatised Contract Regions in metropolitan Sydney (Contract Regions 6, 7, 8 and 9) that were previously operated by the State Transit Authority

• bus services delivered under the integrated public service contract for Newcastle. “

Page 16 RAIL & ROAD December 2022
A parliamentary inquiry into the privatisation of Sydney Buses has confirmed what bus drivers and commuters have been saying for a long time – that the privatisation of our public transport leads to a poorer service for commuters and workers.

Labor to increase paid parental leave by six weeks

The Albanese Labor Government will phase-in an increase in the total package of federally-funded paid parental leave from the current 20 weeks to 26 weeks between 2024 and 2026.

Prime Minister Anthony Albanese, Finance and Women Minister Katy Gallagher and Social Services Minister Amanda Rishworth said in a statement on 15 October that the entitlement will rise to 22 weeks in July 2024 and 24 weeks in July 2025, before reaching the full 26 weeks in 2026, noting that it had been one of the most frequent proposals raised at last month’s jobs summit.

The current entitlement comprises 18 weeks of paid leave under the Paid Parental Leave scheme, paid at the minimum wage, and two weeks of dad and partner pay (also paid at the minimum wage).

The Government says families “will have access to more leave and enjoy greater flexibility, with extended PPL able to be taken in blocks between periods of paid work”, while single parents “will be entitled to the full leave payable so their children don’t miss out”.

It says the Government would maintain the two weeks of “use it or lose it” leave “to encourage more dads

and partners to access PPL, so that both parents can share in those precious early days and share the caring responsibilities more equally”.

The Government will make changes to boost the flexibility of the scheme from July next year, 12 months ahead of the first stage of the increased paid entitlements.

The Women’s Economic Equality Taskforce will “examine the optimal model for 26 weeks and what mix of flexible weeks and ‘use it or lose it’ component for each parent will deliver the best outcome for families and encourage more shared parenting”.

While the Government characterises the increase in paid parental leave as “a full six months” or 26 weeks, that refers to the overall package and the entitlement for the mother or primary carer is 24 weeks.

However, a single parent will get the full 26-week payment.

Unions and the Business Council of Australia made a joint call for the 18-week entitlement for primary carers to rise to 26 weeks.

RAIL & ROAD December 2022 Page 17
to all RTBU Members and their Families Merry Chistmas and a Happy New Year

192 Women, 26 Unions, 2 Continents

RTBU ROCKS WIMDOI 2022 192 Women, 26 Unions, 2 Continents

The WIMDOI 2022 National Conference was held Canberra from 13 – 15 September, with 192 women representing nearly 26 unions from all around Australia and New Zealand in attendance.

The conference was held at the United Workers Union o ce in Kingston, and included presentations from women such as the Minister for Finance Senator Katy Gallagher, the founder of the Touched by Christopher workplace safety campaign Patrizia Cassanti, human rights Aunty Pat Anderson and writer Van Badham.

to help educate and empower working women,” Leanne said.

by men with little regard for issues that a ect women at work.”

The WIMDOI 2022 National Conference was held Canberra from 13 – 15 September, with 192 women representing nearly 26 unions from all around Australia and New Zealand in attendance.

The conference was held at the United Workers Union o ce in Kingston, and included presentations from women such as the Minister for Finance Senator Katy Gallagher, the founder of the Touched by Christopher workplace safety campaign Patrizia Cassanti, human rights Aunty Pat Anderson and writer Van Badham.

National Vice President Leanne Holmes is on the WIMDOI Committee and helped to organise the event.

“WIMDOI stands for Women in Male Dominated Occupations and Indus tries, and it was established as a forum

National Vice President Leanne Holmes is on the WIMDOI Committee and helped to organise the event.

“WIMDOI stands for Women in Male Dominated Occupations and Indus tries, and it was established as a forum

“WIMDOI prides itself in creating a safe environment where women can come together, network and share in what sometimes are horrific personal stories about their experiences in workplaces.

Leanne said this year’s event was a raging success.

to help educate and empower working women,” Leanne said.

“WIMDOI prides itself in creating a safe environment where women can come together, network and share in what sometimes are horrific personal stories about their experiences in workplaces.

“It brings together women employed in industries as diverse as transport, stevedoring, aviation, electrical and construction trades, and emergen cy services.

“These women are often the only woman in their workplace, or experi ence work where decisions are made

“It brings together women employed in industries as diverse as transport, stevedoring, aviation, electrical and construction trades, and emergen cy services.

“These women are often the only woman in their workplace, or experi ence work where decisions are made

“It was inspiring to see so many incredible women in one place – in cluding a huge delegation of 20 women members from the RTBU.

by men with little regard for issues that a ect women at work.”

Leanne said this year’s event was a raging success.

“It was inspiring to see so many incredible women in one place – in cluding a huge delegation of 20 women members from the RTBU.

“Besides the incredible speakers, we also had a trip to Parliament House and attended a rally in support of Gen eral Service O cers - the ACT Govern ment employees who keep Canberra running through cleaning, trades, and facilities management.”

WIMDOI will next be held in 2024.

“Besides the incredible speakers, we also had a trip to Parliament House and attended a rally in support of Gen eral Service O cers - the ACT Govern ment employees who keep Canberra running through cleaning, trades, and facilities management.”

WIMDOI will next be held in 2024.

Page 18 RAIL & ROAD December 2022
RTBU TRANSPORT NOW OCTOBER 2022 8 from TRANSPORT NOW October 2022

Sergey and Jake are workplace delegates at UGL Regional Linx Infrastructure, who maintain the country rail network. Following the successful completion of the delegates training Sergey and Jake are in a better position to

• Represent members in the workplace

• Recruit new members

• Assist with grievance handling

The RTBU will be conducting further L1 and L2 Delegate courses in 2023 interested delegates please contact your Organiser.

NSW Parliamentary Inquiry into Emission Free Public Transport

The RTBU was invited to make submissions and appear as witness into the recently held NSW Legislative Assembly inquiry into Emission Free Modes of Public Transport, as this issue particularly affects our Tram and Bus Division.

Broadly, the RTBU was receptive of the Committee’s interest in de-carbonising the future public transport needs of the State whilst acknowledging that there exist more than 200 electric buses that are in service.

Pursuing emission free modes of public transport will assist Australia reach its emission reduction targets, whilst providing sustainable job opportunities in manufacturing, servicing and technical trades, together with upskilling the existing workforce, was pressed by the union as an obvious economic benefit to investment in the State’s economy. The RTBU highlighted potential

issues borne out of early transitionary arrangements which impacted Yard staff including poor training, shifting of recharging duties onto drivers and the poor design of recharging facilities, together with inadequate safety measures which must be addressed by TfNSW and private operators as adoption expands.

RTBU Industrial Officer, Jason Hart spoke to the RTBU Submission in evidence to the Inquiry, excerpts are below:

“We think that the adoption of emission-free passenger services is a welcome opportunity to decarbonise our current global footprint in relation to emissions. Even in today’s

Australian Financial Review, the talk of reducing carbon emissions from new vehicles is welcomed by the Australian Government, noting that European emissions standards are much lower than what exist here in Australia and in New South Wales. We say that, as part of the recommendation from our submission, not only do we welcome the decarbonisation of the bus fleet as it transpires across the next couple of years, but also that the Committee should make recommendations with respect to lowering the emissions of fleet transport vehicles across the State.”

RAIL & ROAD December 2022 Page 19
Sergey Shehetinin and Jake Brooks attend Level 1 union training in Sydney in July 2022
RTBU Delegate Training Update

Retired Members lash out at Rezoning proposal for the Large Erecting Shop

RTBU retired members President David Boyd has reacted angrily to proposals by Transport for NSW(TfNSW) to rezone the Large Erecting Shop at the Eveleigh Locomotive Workshops for commercial and retail uses. The rezoning proposals will adopt a business park theme that would see the ground level of the workshop converted into commercial office and retail premises and the creation of two new internal “storeys.

Mr Boyd said “it is outrageous that the last surviving rail connection to the world famous heritage workshops will be obliterated if this drive for commercial gain is allowed to proceed. It will end a 123 year rail connection and will prevent future generations from seeing steam locomotives and rolling stock in the Eveleigh Locomotive Workshops. They are taking the locomotive out of the Locomotive Workshops.”

The Eveleigh Locomotive Workshops constructed, repaired and assembled steam locomotives for a hundred years. It was a beacon for leading edge technology and the highest standards of craftsmanship. It was an era when locomotives and rolling stock were proudly Australian made.

The short sighted decision to rip up the rail link and deny historic rolling stock to be displayed in the large Erecting shop (The Large as it affectionately known by past generations of rail workers, the local community and rail heritage enthusiasts) comes from a deal between the NSW government agency and property developer Mirvac.

The Large was built in 1899 to accommodate the expanding NSW railways industry. The original design of the workshop and its functions

followed British rail traditions with the erecting referring to both the construction of a steam locomotive from its various component parts as well as the overhaul of a locomotive; its dismantling, repair, or reconstruction and then subsequent reassembly.

The Large is one of Australia’s finest remaining railway heritage buildings.

It consists of brick walls with sandstone windowsills and is divided into two enormous parallel galleries, each separated by a row of iron pillars separating it into 20 bays. The Large is unique in Australia as a complete example of this type of facility .It contains a number of architectural and operational features which are of exceptional heritage significance.

The main Eveleigh Locomotive Workshop facility closed in 1985, whereas The Large continued from 1988 until 2017 as an operational rail facility which housed rail heritage operator 3801 the then operator of NSWs most famous steam locomotive. During this period The Large restored steam locomotive 3830 for the Powerhouse Museum.

Retired members are incensed at the major flaws in the Rezoning process. It has excluded the hundreds of volunteers who were involved in the

operation of The Large for 30 years from being consulted. The failure of the Rezoning proposal to take into account the enormous potential of cultural heritage tourism for the entire Eveleigh Railway Workshop Precinct is a serious shortcoming.

Association President David Boyd condemned the role of Government bodies Heritage NSW and the Heritage Council in not being in the frontline advocating for preservation of this iconic workshop and its heritage railway operations.

David Boyd has a long association with the Large Erecting Shed as a Driver in all types of locomotive traction and is one of the most senior steam locomotive drivers in NSW. He was appointed as an Acting Driver at Eveleigh in 1973 and in 1987 a Special Class Driver. While stationed at the Parkes Depot in Western NSW in 1970 he was fireman on the steam train 3801 in its first journey to Perth in 1970 celebrating the opening of the standard gauge line between Sydney and Perth.

Page 20 RAIL & ROAD December 2022

Short cut to Kings Cross Station

Our Rail Fire and Emergency Unit members perform a crucial role in responding to traumatic events around the rail network and putting their welfare at risk to keep us safe for which we a truly grateful. However, it is recognised that safety incidents can take many forms with an example occurring on 22 September 2022.

Our members from the Rail Fire and Emergency Unit were called to a car that took a wrong turn resulting in the car mounting the stairway at Kings Cross Rail Station. To the surprise of the Queensland driver, who advised that he believed the stairway was an alternative entry point to the parking station across the road that was full. The driver soon realised after he mounted the stairs going down to the station was not an option for entering the car park.

On arrival, the Rail Fire and Emergency Unit set to work stabilising the car and organising a tow truck to safely remove the car.

RAIL & ROAD December 2022 Page 21

RTBU Submission to Select Committee on the coronial jurisdiction in New South Wales

The law, practice, and operation of the Coroner’s Court have a significant impact on employees within public transportation and freight operators in a myriad of ways which include those involved directly or indirectly in a fatality such as train drivers, train guards, signallers, and station staff. This includes first responders employed within the transport cluster such as Rail, Fire, and Emergency Officers, Incident Response Officers through to safety investigators that provide reports for the coronial proceedings.

Coronial Inquests generally take significant time and are incredibly arduous for those involved in fatalities which has the potential to increase stress and add to existing trauma.

A summary of the RTBU recommendations to the Select Committee is provided below:

Recommendations

1. Suppression of Names

The RTBU recommends that the Act should require the names of transport workers involved in inquests under s59 be suppressed. Inquests attract media attention, including alleged facts and interpretations reported before the coronial findings are determined. Transport workers can suffer severe emotional distress that impacts reputations and potentially destroys careers while further impacting their health regardless of the status of the findings.

2. Streamlining of Information and Testimony

The Act should require the streamlining of information gathering processes that Transport Workers are subjected to in an investigation. For example, currently an impacted worker involved in a rail incident must provide statements to three or four different parties, including internal investigators, Rail Regulators, NSW Police, and SafeWork Australia. The RTBU recommends that the process be streamlined by only requiring one statement to be provided to the Rail Regulator , with this statement then being supplied to all other bodies.

3. Coronel Investigators Training

Investigators acting on behalf of the Coroner should be trained and briefed on the appropriate rail regulations and network rules at the commencement of an investigation into a rail incident. Rail Safety regulations and network rules are very complex, and it would be beneficial to all parties to understand them.

4. Drug and Alcohol testing

That drug and alcohol testing be streamlined to one testing process. When there is a rail incident, the impacted employee can be tested up to three times which can incredibly stressful post incident. We recommend that one drug and alcohol test be performed by the first responder, whether that be an Incident Rail Commander, NSW Police, a representative from the rail regulators, or the drug and alcohol testers contracted by the rail operator. If subsequent testing is required to confirm the result, this should be conducted by the same entity that performed the first test.

NSW Government Response

In its response to the Select Committee, the NSW Government stated that it “welcomes the Select Committee’s Report into the coronial jurisdiction in New South Wales. The Government acknowledges the contribution by individuals and organisations that participated in the inquiry, particularly families who have experienced the coronial system for sharing their views on how the coronial system can be improved.”

The Government recognises the trauma and grief experienced by families and communities affected by an unexpected or unexplained death and that the coronial jurisdiction must not add to this burden. It is critical that these important services are delivered in a professional, therapeutic and timely manner, which upholds the dignity of the deceased person and ensures respect for their family and friends.

The Government also acknowledges the importance of coronial processes being culturally safe and responsive to First Nations families, and effective in preventing the future loss of life for First Nations people. Within this context, the Government notes the commencement in April 2022 of the State Coroner’s Protocol – Supplementary arrangements applicable to section 23 deaths involving First Nations Peoples, which sets out arrangements for the case management of mandated inquests in respect of First Nations people.

Initially commencing ahead of and later running in parallel with the work of the Select Committee, the Government established the Timeliness of Coronial Procedures Taskforce (Taskforce), whose aim was to reduce delays in the coronial system and improve the experiences of families. The Taskforce’s work has since resulted in the implementation of a range of initiatives to improve the timeliness of the coronial process, especially in relation to post-mortem investigations, and streamline early case management processes.

The Government has also boosted investment in the coronial jurisdiction to strengthen outcomes for families, reduce the number of preventable deaths, improve timeliness and support culturally safe and responsive processes.

Following an investment of in the 2021-22 State Budget, an additional magistrate was assigned exclusively to the coronial jurisdiction, and additional resourcing was provided to the Coronial Case Management Unit to reduce delays and improve information and support for families.

Two Aboriginal Coronial Information and Support Officer positions have also been established to improve support for First Nations families.

The Government has carefully considered the report and is pleased to support or support in principle 15 recommendations and to note 20 recommendations.”

Page 22 RAIL & ROAD December 2022

Secure Jobs, Better Pay Bill Will Attempt to Close Gender Pay Gap

Just as Workplace Relations Minister Tony Burke used his first announcement after being sworn in to single out the gender pay gap as a “top priority” for the Albanese Government, the first element he has revealed of the Secure Jobs, Better Pay Bill is how it will help close the gap.

Confirming that the Federal Government will introduce legislation that delivers on a “range of commitments” that Labor made at the May election and at its Jobs and Skills Summit, he says the Bill is the “first tranche” of IR reforms designed to modernise Australia’s workplace relations system and get wages moving.

“Women should not be paid less than men – it’s that simple,” Minister Burke says, adding that this is why “gender pay equity will be at the centre of our workplace reforms”.

Announcing measures that were already listed in September as “complementary existing commitments” in the summit outcomes paper, he confirmed the Bill includes: banning pay secrecy clauses so that companies cannot prohibit staff from talking about their pay if they want to, in order to improve transparency, reduce the risk of gender pay discrimination and empower women to ask their employers for pay rises;

making gender equity a central objective of the Fair Work Act, including the modern award system, to put the issue “at the heart of pay decisions” made by the FWC; establishing two new FWC expert panels on pay equity and the care and community sector, to tackle low pay and conditions in the female-dominated care sector and help attract and retain workers; making it easier for the FWC to order pay increases for workers in low-paid, female-dominated industries by putting in place a statutory Equal Remuneration Principle like that which exists in Queensland.

Burke says that under the current federal system, equal remuneration orders are “costly, time consuming, highly adversarial and overwhelmingly ineffective”, with only one successful equal pay order produced from 21 applications since 1994.

The new principle will also clarify that “gender-based assumptions must not be taken into account in assessing work value”, he says.

The ACTU in 2018 released a blueprint for “deep structural reform” to improve the lot of working women, calling for a FWC pay equity panel and a series of “Pay Equity Principles” to be legislated and followed by the FWC, based on the model set out in the Queensland IR Act.

It called for the ditching of requirements for a “male comparator” to prove work is undervalued on gender grounds, and measures to ensure the FWC is required – rather than just permitted – to make an Equal Remuneration Order when the legislative conditions are met, as occurs under ss248 and 249 of the Queensland Act.

Burke says Labor has made a “deliberate decision to support workers in female-dominated professions who have been underpaid and undervalued for too long”.

Prime Minister Anthony Albanese at his first public appearance after taking office said he would set about implementing an agenda that includes putting in place all of Sex Discrimination Commissioner Kate Jenkins’ remaining recommendations in her Respect@Work report and bringing forward its policy to extend and increase child care subsidies and its aged care policy, which supports an unspecified pay rise in the femaledominated sector.

The Jobs and Skills Summit outcomes document said the Government would take immediate action to ensure workers and businesses “have flexible options for reaching agreements, including removing unnecessary limitations on access to single and multi-employer agreements”.

RAIL & ROAD December 2022 Page 23
The Albanese Government has confirmed its Secure Jobs, Better Pay Bill introduced into Parliament in late October will include measures to close the gender pay gap.
Merry Chistmas and a Happy New Year to all RTBU Members and their Families
Page 24 RAIL & ROAD December 2022 Interest Rate 5.45 % pa1 Comparison Rate % pa2 5.45 Get a discounted rate on a qualifying green car Redraw facility1 Borrow up to 100% of the purchase price2 For cars up to 3 years old3 Lump sum or variable repayments Complimentary Auto Search service 13 61 91 | www.australianmutual.bank THE ETHICAL ALTERNATIVE All information is correct as at 01/11/2022 and subject to change. New loans only - no payout of existing loans. 1 You must be at least one month’s repayment in advance to obtain a redraw. 2 Up to 100% of the purchase price of the vehicle or $80,000. 3To be eligible the car must be a manu facturer designated petrol-electric hybrid, diesel-electric hybrid, plug-in hybrid, or electric vehicle, with carbon dioxide (CO2) emissions no higher than 150grams/kilometre (g/km) in the ‘combined’ driving cycle. All applications are subject to Australian Mutual Bank Ltd normal lending criteria. Terms, conditions, fees and charges apply. Australian Mutual Bank Ltd | ABN 93 087 650 726 | Australian credit licence 236476 | AFSL 236476. Scan the QR Code for details of your Relationship Manager
RAIL & ROAD December 2022 Page 25 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 to all RTBU Members and their Families Merry Christmas and a Happy New Year

Whistlestop

Enfield Smoko Sees Off Almost 300 Years of Experience

The Annual Enfield Smoko was held on the 15th October 2022 after being missed for a few years due to Covid. It was also a change of venue from Carlingford Bowling Club to Blacktown Workers Club. The event had over 150 current and former Enfield Social Club Members along with family and friends. The retirees (representing a total of 286 years of work on the railways) were presented with RTBU Recognition of Membership Plaques by Keith Mcmahon and Kevin Prior were:

• Leslie Rudd – 45years (1974 to 2019)– Finished with NSW Trains at Moss Vale

• Terrance Lee – 42years (1978 to 2020) Finished with NSW Trains at Taree

• Glen Tarlington – 43years (1977 to 2020) – finished with NSW Trains Sydney

• Garry Nott – 46years (1975 to 2021) – Finished with Pacific National Bulk Enfield

• James “Jimmy Bruce – 58years (1963 to 2021) – Finished with Pacific National Bulk Enfield

• Steve Foldhazy – 52years (1970 to 2022) – Finished with Pacific National Bulk Enfield

Page 26 RAIL & ROAD December 2022

My 40 + years on the Railway

better as

My father worked for the Railway on the poison train, he came home from work one day, and told me they were looking for good workers. Therefore, the next day we went down to the Railway Employment office at Circular Quay, I completed a medical and the next week I began my employment with the railway.

I started work with the Flemington Bridge gang, during this time I also worked on the Harbour Bridge and many other bridges in the metropolitan area with other bridge gangs. It was hard work, as most was done by hand, not like today where we have machines. After 8 years, I transferred to Blacktown Depot with the Plumbers and Carpenters.

Working at Blacktown with the plumber & carpenters, which I enjoyed, as I was closer to home. Whilst working here they did not have overtime, so on weekends I used to work with the local track team, which gave me extra cash. Working there for approx 7 years, the trade went to contractors, and we needed to find other work within the network.

Having worked overtime with a production gang I had got to know the manager, so I gave him a call and asked was he looking for a good man, he said ‘is that the Gonz’ I started working with West Production at Werrington, working 5 minutes from home. I worked there for 15 years with some great people, but it was hard work very physical and demanding working in all types of weather conditions, and many times working long hours and time away from my wife and family sometimes weeks at a time. Production closed down and my time at West production finished.

I moved on again to Yards and sighting at North Strathfield for 2 years where I was acting in the role as team leader. I did not enjoy the role so i moved onto Granville Fettlers and after a year, a position came up at Blacktown fettlers so I transferred to Blacktown then finished my employment with the MTP at Granville and loving it, great bunch of blokes.

During my time with the railways, I have met and worked with many great people that I can call my friends. I have also been a RTBU union rep and on Division Council. It has been a great ride and there is not much I would change, looking forward to retirement.

Doug Bourke Retirement

On Saturday July 2nd train crew gathered at the Grand View Hotel in Wentworth Falls for a few beers and a bite to eat to say goodbye to one of its favourite sons; Mt Victoria driver Doug (Bourkey) Bourke who joined the rail industry in 1974.

Bourkey was a long-standing and integral part of the Mt Victoria Locomotive, a staunch union man who worked tirelessly for the membership in addition to being a key element of the Area West Health and Safety Committees as both a HSR and Chair. His efforts and legacy will be long remembered and enacted upon after a career spent fighting the boss for our members against all rail comers both small and smaller.

Bourkey; the Locomotive Division wish you and your wife Michelle all the very best in your retirement

RAIL & ROAD December 2022 Page 27
Gennaro Balzano some might know me Gonzo NSW Branch Secretary Alex Claassens and Infrastructure Divisional Secretary Jonathon Parker, presenting Gonzo with a Certificate of Recognition

Merry Christmas and a Happy New Year

to all RTBU Members and their Families

Join the RTBU Retired Members Association

Many retired members continue to receive copies of the journal Rail & Road, and take an interest in the life of the union. Many have also said that they would like to maintain a closer connection and involvement with the work of the union. The RTBU Retired Members Association was established to provide a forum for former members to meet, work on campaigns, address issues of particular relevance for retirees and to identify ways of assisting, supporting and contributing to the work of the union.

It is expected that the Retired Members Association will function independently and pursue issues that it identifies as priorities.

If you are a retired member of our union, we would like you to consider joining the Retired Members Association. Membership forms are available from the RTBU Head Office, Level 4, 321 Pitt Street, Sydney or on the union website: www.rtbu-nsw.asn.au

For more information, contact Peter O’Connor at the union office on (02) 9264 2511

For more information, contact Chris Doyle on 0425 327 195 or the union office on (02) 9264 2511

Page 28 RAIL & ROAD December 2022 Page 14 raIL & rOaD June 2010

Rick Kinch Send Off

An excellent roll up at the South Grafton Bowling Club on the October long weekend for Countrylink Driver Rick Kinch’s send off. Work colleagues and mates from Junee ,Werris Creek, Grafton and just about every other depot was represented and each and everyone extolled the virtues of Rick and his exploits over the past 45 years of dedicated service. Ricks fervent dedication to the RTBU was recognized with a magnificent plaque presented by Farren Campbell and Andy Holt and a second plaque and other memorabilia was also presented to him by his closest workmates. Rick then regaled the audience with tales of his career, some filled with sadness with the early passing of his wife Sue, the struggle of raising a young family while doing shiftwork, and the absolute joy of being in the company of great friends and workmates in a speech that covered every emotion possible from a proud railway man. After the presentations finished, the Grafton social club led by Peter ‘String’ Lougher and his merry band provided what could be loosely described as a viking feast for the rest of a very enjoyable and late evening. We wish Rick and his family a long and happy retirement.

Northern Region Retirements

On Saturday 30th July 2022 the RTBU Union Officials joined with past and present

large number of railway retirements. The retirement dinner was held

a magnificent night was had by all and sundry.

As you are aware, many retirement functions had been put on hold due to COVID restrictions. It was great to see a large number of family members attend. One of the highlights of the night was the great number of railway stories relayed to the crowd, many of which were hilarious. Those were the days, when the railway really was the railway and everyone looked after one another. When you have a combination of good food, plenty of booze and great company, you can’t go wrong! Many thanks to the organisers of the North Region Railway Retirement Club for arranging such a great night.

RAIL & ROAD December 2022 Page 29
members to celebrate a at Club Macquarie, Argenton, Lake Macquarie, where
Page 30 RAIL & ROAD December 2022 Festive Season Office Hours The Rail, Tram and Bus Union, Pitt Street Office, will be attended as follows:Thursday, 22nd December 2022 08.00 – 16.30 Friday, 23rd December 2022 08.00 – 13.00 Saturday, 24th December 2022 CLOSED Sunday, 25th December 2022 CLOSED Monday, 26th December 2022 CLOSED Tuesday, 27th December 2022 CLOSED Wednesday, 28th December 2022 08.00 – 16.30 Thursday, 29th December 2022 08.00 – 16.30 Friday, 30th December 2022 08.00 – 13.00 Saturday, 31st December 2022 CLOSED Sunday, 1st January 2023 CLOSED Monday, 2nd January 2023 CLOSED Normal Office Hours of 08.00 – 16.30 will resume on Tuesday, 3rd January 2023 to all RTBU Members and their Families Merry Christmas and a Happy New Year

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RTBU Holiday Park at Jervis Bay

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

In the Dhurga language, Booderee means “Bay of Plenty” and the area is the home to the people of Wreck Bay.

The Booderee National Park has the only Aboriginal owned Botanic Garden in Australia. The gardens are well known for providing a centre for interpreting plants used by the local aboriginal people.

The Park is also home to 200 species of birds, over 30 different native mammals including 10 species of bats, 37 reptiles, 17 amphibians and at least 180 species of fish.

The White-Bellied Sea Eagle is a special bird at Booderee as it is the guardian of the Koori people of Wreck Bay and features on the Booderee National Park logo. Within the Booderee National Park you will find beautiful white sandy beaches at Green Patch, Murrays, Steamers, Caves and Bherwerre.

Bherwerre is home to some of the Boderee National Parks rarer seabirds. Pods of bottle-nose dolphins are often spotted playing in the waves at the Sussex Inlet Entrance and Humpback whales have been known to enter the protected areas close to shore.

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RTBU Holiday Park Jervis Bay

Page 32 RAIL & ROAD December 2022 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 Jervis Bay or Port Macquarie or full rates will apply United Services Union Like Us on Facebook at www.facebook. com/RTBUNSW
CHANGE OF DETAILS FORM CHANGE OF PERSONAL DETAILS CHANGE IN BANKING DETAILS Surname Street Address Home Telephone Number Name of Financial Institution (Bank) Credit Card Type: Eg Visa, MasterCard, AMX Credit Card Number Expiry Date Branch where account is held Credit card in the name of Employer Occupation: Eg Train Driver Bank/State Branch Number: (BSB Six Digits) Account Number (Maximum of 9 digits) Date Of Birth Account in the name(s) of SIGNATURE DATE Email (work) Email (home) Work Telephone Number Employee NumberRTBU Member Number Work Location/ Depot Mobile Number Date Commenced Next Pay Week Employment Status Given Name(s) Suburb Gender Post Code Male Female FulltimePart timeCasual 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 DETAILS OF BANK ACCOUNT TO BE DEBITED DETAILS OF CREDIT CARD TO BE DEBITED 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. 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. 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 call • Tel: 02 9264 2511 SUBMIT

I, the undersigned, hereby apply to become a member of the 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

1. I agree to pay $ via DIRECT DEBIT fortnightly OR CREDIT CARD fortnightly. or any other amounts as may be determined from time to time in accordance with the Rules of the Union. I certify that I have received a copy of Rule 14, Notification of Resignation From Membership.

2. I/We authorise and request the 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) Account No./If Credit Union Membership No Card Type MasterCard Visa Expiry Date / Credit Card Number Surname Street Address Home Telephone Number Employer Occupation: Eg Train Driver Date Of Birth Email (work) Email (home) Work Telephone Number Employee Number Work Location/Depot Mobile Number Date Commenced Employment Status Given Name(s) Suburb Gender Post Code Male Female FulltimePart timeCasual MEMBERSHIP APPLICATION FORM 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 call • Tel: 02 9264 2511 SUBMIT

IMPORTANT

PLEASE KEEP THE FOLLOWING FOR YOUR REFERENCE

RESIGNATION FROM MEMBERSHIP

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.

4. A notice delivered to the Branch Secretary shall be deemed to have been received by when it was delivered.

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.

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 and 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.

Level 4, 321 Pitt Street Sydney NSW 2000

Tel (02) 9264 2511 Email: nswho@rtbu-nsw.asn.au Website: www.rtbuexpress.com.au

The RTBU Executive, Officers and Staff wish all members and their families

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