2023 Rail and Road - March Edition

Jervis Bay

RTBU Holiday Park

Vacancies - Book your holiday now

The RTBU Holiday Park is a great place to escape to for a peaceful break in the National Park and a walk along the beach.

Avoid the rush and the high season rates - book your holiday now. The Holiday Park is situated in a National Park and Members can enjoy a holiday by the sea and relax with fishing, tennis, boating, swimming or bushwalking.

RTBU members can also now get discounted rates at the United Services Riverside Resort at Port Macquarie.

For booking enquiries please telephone Head Office on (02) 9264 2511

RAILROAD AND ADVERTISING RATES

Selective advertising is available in RAIL & ROAD at competitive individual issue rates or a discounted annual rate. A design service is also available to have your advertisement professionally designed to your specifications.

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

NSW BRANCH

Head Office

Level 4, 321 Pitt Street, Sydney NSW 2000

Tel (02) 92642511

Email nswho@rtbu-nsw.asn.au

From the Branch Secretary

As the NSW public goes to an election on March 25, our members have recorded a massive win in the long, drawn out, and often hostile Sydney/ NSW Trains EA. After securing a deal locking in safety modifications to the Korean made New Intercity Fleet, and major progress on wages and conditions, members overwhelmingly voted in support of the proposed EA. Given the political games played by the NSW Government, the public abuse of members, and the use of every legal weapon and media misinformation at its disposal, our members remained strong and united, and persisted with a series of industrial actions which finally arrived at a fair and reasonable EA outcome. As we go to press, we received news that a Fair Work Commission decision confirmed even higher increases, smashing the NSW Government’s unfair ‘wages cap’. This has been a monumental dispute and one which every RTBU member should be incredibly proud of. There have also been some recent major wins and positive developments in a number of other industrial agreements. Members have agreed to a new EA for the Airport Link, Pacific National Terminal Operators have locked in a three year EA, similarly Pacific National Bulk members have endorsed a new EA, while negotiations around the PN Asset and Infrastructure EA continue. Negotiations are also slowly moving forward with the QUBE EA.

As the people of NSW go to the polls to elect the next Government, the shameful dirty tactics during the EA campaign will be front and centre in the minds of rail workers, and across the community, as they cast their votes. It is no accident, that flowing from this industrial campaign and the issues it raised, we have joined forces with the Australian Manufacturing Workers Union (AMWU) in a campaign to have public transport vehicles built locally, by local manufacturing workers and fit for local conditions. We are calling on candidates in the NSW election to pledge their support to the building of trains, trams and ferries locally by Australian workers. Regardless of whether the next NSW Government is a Perrottet Coalition Government or a Minns Labor Government, we will continue to push for public transport to be built here. This Rail & Road also reports on major industrial relations reform at the Federal level. The first important round of legislation was the passing through Federal Parliament of the Albanese Government’s Secure Jobs Bill, with Employment and Workplace Relations Minister, Tony Burke, outlining the new legislative changes planned for later in the year to build on the Secure Jobs legislation and to meet their election promises for better social provisions for working families, and bridging pay inequalities, improving job security and getting wages moving. We also report the results of the 2022

In this Issue

national survey of RTBU members, with a clear message from members that they want the RTBU to continue to take the fight to bad bosses, and ensuring that we challenge employers who treat their workers unfairly, and to hold them accountable in compliance of their employment obligations. Not surprisingly, high on members priorities are advocacy for better wages and conditions, job security and improved workplace safety.

I would also like to take this opportunity to thank all members for their participation in our democratic union elections at the end of last year, and for their continued support of our leadership team. I also welcome all newly elected delegates and officers across the union, and look forward to working with them in building and strengthening our union over the next four years.

Importantly for our union, this year we celebrate 30 years since the RTBU was formed through the amalgamation of major public transport unions. The amalgamation of the Australian Railways Union (ARU), the Australian Federated Union of Locomotive Enginemen (AFULE), the Australian Tramway and Omnibus Employees Association (ATMOEA), and the National Union of Rail Workers of Australia (NURWA), was an important moment in our history, where we came together as a major transport industry union, which continues to advance our industry and our members’ best interests.

Members Win Sydney Trains / NSW Trains dispute

RTBU members have claimed a massive win in the epic Sydney Trains / NSW Trains rail dispute after the NSW Government signed a deal locking in safety modifications to its Koreanmade New Intercity Fleet.

The dispute stretched more than a year and involved the mothballed trains as well as the long delayed new Enterprise Agreement. From an initial wage offer of 0.3%, to refusal to address the safety concerns around the New Intercity Fleet, to the NSW Government calling the RTBU every name imaginable, to media hype, pre-election political posturing, we won. Through ongoing industrial action, members showed the Government that we would not back down and accept an inferior agreement.

RTBU members overwhelmingly voted in support of the new EA, , that includes a $4,500 cash payment for employees and two annual pay rises over the life of the agreement, which will expire in 2024.

As part of the agreement, the NSW Government has signed a deed committing it to carrying out the much-needed safety modifications to the New Intercity Fleet.

“We knew that eventually com-mon-sense would prevail and the State Government would come to the table with a commitment to deliver the safe trains and the fair Enterprise Agreement workers and commuters deserve,” NSW Branch Secretary Alex Claassens said.

“There is still more work to be done, but this is a significant step forward.”

The Government has also:

» Agreed to a number of outstanding items, including an allowance of $2.25 per hour for Cleaners and new rostering arrangements, staf f i ng guarantees for Station staff, Onboarders, Guards and Repeaters.

» Agreed at the Fair Work Commission (FWC) that it will not backflip on a range of previously agreed items, as it had done in the past.

» Agreed to arbitrate in the FWC on wages, with a guaranteed payment and the opportunity for the Commission to grant higher wage increases after looking at all relevant circumstances.

Alex said the NSW Government had no idea what it was up against when it picked a fight with RTBU members.

“This dispute is one for the history books,” he said.

“And those books will show that the Perrottet State Government thought it could get away with forcing people on to unsafe trains and forcing workers to accept an inferior enterprise agreement. It was proven very wrong by a membership of strong, united rail workers.”

Alex said members deserved better, after putting their health and their families’ health on the line during the pandemic to keep the state moving, and after watching the cost of living skyrocket.

For more details of the full list of conditions in the new EA, see www.ourrightsourfight.com.au

Infrastructure members attending EA Information sessions

MICHAEL BARNES PARTNER Liability limited by a scheme approved under Professional Standards Legislation Level 18, St James Centre, 111 Elizabeth Street, Sydney NSW 2000

PETER LLEONART PARTNER Motor Vehicle Claims

Carroll

Assessing Total and Permanent Disability claims

Members Vote for New Sydney / NSW Trains

EA

In an RTBU media release, 30 January 2023 the Union reported that rail workers have overwhelmingly voted in favour of a new enterprise agreement for Sydney and NSW Trains workers.

80 per cent of all eligible voters took part in the vote and 93.6 per cent of those voted in favour of the draft agreement.

Rail, Tram and Bus Union Secretary, Alex Claassens, said the vote is a significant win for workers and commuters.

“All we ever wanted was to secure safe trains for commuters and fair wages and conditions for rail workers. This means we’re another huge step towards achieving that.

“Rail workers have overwhelming voted in favour of the enterprise agreement that they had to fight so long and hard for, it’s a great outcome for everyone,” Mr Claassens said.

The voting participation again clearly demonstrates that rail workers are invested in rail safety and their future.

Mr Claassens said the final pay increase still needs to be decided in the Fair Work Commission, which

was being heard on 8-9 February (see article on p 11, with details of FWC wage increase)

“The NSW Government is continuing to actively argue in the

Government’s argument would have rail workers wages going backwards in real terms. It’s an outcome essential workers will not accept, and we think the travelling public would agree with us.

“Unsurprisingly they are still using taxpayer funded lawyers to actively fight against rail workers getting higher wage increases but given the way they have fought us every step of the way, nothing is surprising.

“We’re looking forward to the Enterprise Agreement finally being completed, and we’re looking forward to seeing the crucial safety changes finally being made to the New Intercity Fleet.

Fair Work Commission against any further pay increase above the Government’s wages cap of 2.5 percent, even despite the current high inflation figures. The

“Today’s vote is a great win for workers and commuters. It was a hard slog to get here, but workers have stood together in solidarity and showed that rail safety is too important to ignore.”

QUBE Members Reject Enterprise Agreement

Members have seen through QUBE’s inadequate EA and in March emphatically told management to get back to the bargaining table and improve the offer. Whilst management are being coy about the exact results of the vote, the Union understands a vast majority of employees voted “NO” – this also explains why management are not keen on

publishing the results.

With this emphatic result, members have let QUBE management know that the proposed agreement was not up-to-standard and the company needs to do more for its workers who are driving company profits. What happens next? The RTBU and EA delegates are ready and waiting

to go back to bargaining to attempt to achieve a fair and reasonable Enterprise Agreement for all members, which includes recognition for the increased cost of living and profitability of QUBE, significantly more pay, reinstating deleted clauses, and accepting more of members’ log of claims.

“Today’s vote is a great win for workers and commuters.”

Airport Link successful renegotiation of their Enterprise Agreement 2022

Congratulations to all members employed with the Airport Link on a successful renegotiation of their Enterprise agreement 2022, in a cooperative approach by both parties.

Members and the company decided to defer the 2021 EBA negotiations to concentrate on maintaining full employment following the devastating coronavirus that affected this operation severely due to the lack of air travel.

The new Enterprise Agreement will provide a 4% increase from July with an overall increase of 14.25% over the next 4 years.

Other improvements to the EA

• Redundancy clause for employees over four years continuous service which includes two weeks payment for each year of continuous service up to a maximum of 15 years’ service.

• Employees will be entitled to up to 22.8 hours of additional paid sick leave to assist with recovery of Covid-19 if they have a nil sick leave (under clause 22 Personal/ carer’s) balance. Casuals would be considered on a case-by-case basis.

• Improved Casual Conversion Clause allowing for long term casual employees to be converted to full-time employment. Finally, we would like to make a special mention to our Enterprise Agreement delegates for their hard work and dedication during the negotiations. Mari Laukkanen, MD Saifur Rahman and Typhis Marley.

RTBU organiser Wayne Moody, Glen McGinley HR & Training Manager, Mari Laukkanen Local Workplace Delegate , Tim Anderson Chief Executive Officer sharing a cake with delegates and members to recognise the co-operative achievement

www.locoexpress.com.au

PN Bulk Members Vote for New Enterprise Agreement

Pacific National Bulk and Coal Members have resolutely endorsed a new enterprise agreement. 62% voted ‘yes’ out of the 89.4% of eligible workers who voted.

This is a great result and demonstrates positive support for the EA delegates’ hard work over the past two years. Thanks to RTBU Locomotive Division members’ commitment and unity, we stopped PN from their philosophical Part E, that would have seen all new employees on inferior conditions. Instead, we now have an agreement with a fair and just process to review a mixed commodity model that will not just be one sided. The new Agreement sees a one off $1000 gross payment, and a 6% wage increase in the first year of the agreement. This will be followed by three more annual increases of 4% and a 2% sunset. 20% in total over the next 4 years. Additionally, after 20 years of push back the agreement now has compulsory arbitration, the first Pacific National agreement to contain this. A massive win for the PN workforce.

We will be setting in place arrangements for the Transition Committee formation which we will keep you informed about as we progress. Understanding the strong desire expressed by

members to establish an all-up wage, we will be undertaking membership engagement seeking your thoughts and ideas of how a mixed commodity model can work and what an all-up wage could/would look like.

We should not underestimate the time and focus needed to work through what a successful all-up wage may look like understanding the current pay and entitlements across both sections of the business. Consideration will need to be given to what is, and isn’t included, and also factor in the different work performed by members across different rosters, regions, and depots. The Committee will also work with local representatives to develop a number of options for members to consider and provide feedback on.

Congratulations again. It hasn’t been easy, but we’ve finally got an enterprise agreement that will see members receive a much-needed pay increase, some improved conditions and strong protections going forward.

NIF Stoppage - Strength in Solidarity

Congratulations to the membership of the Signallers Sub-Division for being instrumental in bringing the NSW Government, Sydney and NSW Trains to the table, resulting in the delivery of a gold-standard enterprise agreement.

The Signallers Sub-Division membership work in a diverse work environment ranging from signalling complexes accommodating large numbers of Area Controllers through to one-person signal boxes. However, no matter how large or small their area of control is, all Signallers and Area Controllers are essential to running a rail network.

The Signaller Sub-Division membership was straight out of the gate in blocking the NIF at the commencement of the Protected Industrial Action (PIA), with Wyong and Lithgow Signal Boxes leading the charge with blocking the NIF from leaving Kangy Angy and Lithgow yards.

Sydney Trains then approached the Signaller Sub-Division representatives seeking their assistance with the train to be run for mechanical reasons; this resulted in an agreement of the NIF being carted around behind a freight locomotive and not under its power to address the mechanical reasons and this only occurring after Sydney Trains sought authorisation from the Signaller Sub-Division on each occasion.

The result is that from the commencement of the PIA until the agreement was reached, the NIF has not run under its power and was trapped at Lithgow and Kangy Angy yards causing major embarrassment for TfNSW, Sydney and NSW Trains and the Government.

Undoubtedly, the membership of the Signallers SubDivision was crucial in helping deliver the Sydney and NSW TrainLink Enterprise Agreement, which is a reward for their solidarity.

Wyong and Lithgow Box Members

PN Terminal Operators lock in three-year agreement

Terminal Operators at Pacific National received nearly six months’ backpay after locking in a new three-year Enterprise Agreement just before Christmas.

The deal secured a 3% increase to the base rate for each year, and was backdated to 30 June 2022.

National Director of Organising and National Vice President Leanne Holmes said the members backed the agreement with a 65% YES vote after a six months of negotiations and a series of depot meetings around the country.

“It was gruelling negotiation, but in the end we achieved a very solid result for members,” Leanne said.

“I’d like thank all the Delegates and the Negotiating Team for their hard work and determination, and all members for their patience as we worked through the details.”

The agreement also achieved:

» An increase to the APM Night Multiplier from 1.18 to 1.265 from the commencement of the EA;

» A further increase to the Night Multiplier from 29 June 2025 to 1.3, which guarantees that rate into the next EA;

» A $1,000 bonus in the first year for those that work less than 15% night work, plus a $500 bonus paid in years two and three;

» A $500 bonus paid yearly for three years for those who work less than 25% but more than 15% of night work;

» Simplifying the Classification structure to remove wage increase hindrances from June 2023;

» Updating the Parental Leave clause include a 12-week parental leave entitlement for primary care givers;

» Updating the Domestic Violence Leave clause to reflect the new standard 10-day entitlement;

» Enhancing the Redundancy Clause to allow for retraining in the case of Automation;

» Introducing an Employee Representative Committee (ERC);

» Additional protections and wage outcomes for introduction of the Flying Crew concept; and

» Additional full-time employees to cover existing shortfalls and facilitate the Flying Crew concept.

“This package was been achieved without the loss of a single entitlement or condition, and will result in the

creation of approximately 40 full time PN employee positions,” Leanne said.

NOW FOR THE ASSETS & INFRASTRUCTURE EA

While PN Terminal Operators were able to get their EA knocked over, it’s been a more difficult process for members waiting on a new PN Assets & Infrastructure EA.

Leanne said the combined RTBU/ AMWU Bargaining Team has been hoping to get an in-principle agreement before Christmas, but intransigence from PN management had made that impossible.

“The Negotiating Team put forward several proposals seeking to get a fair and reasonable deal, but unfortunately PN engaged in delaying tactics in order to kick the can down the road into 2023.

“We’re ready to move forward, but we won’t wait forever. The onus is now on PN management to get its act together and negotiate in good faith on this EA.”

Tribunal increases wage rate for cost-of-living as rail deal approved

A Fair Work Commission bench decided in early March that NSW rail employees should receive an extra pay bump after long and fractious negotiations with the Perrottet Government.

Due to begin operation on Friday 17 February and nominally expire on May 1 next year, the Sydney Trains and NSW Trains agreement included increases of 2.53% for the first year (backdated to May 1 last year) and 3.03% in the second year, alongside a one-off $4500 top-up expected to be paid up front.

The FWC has decided to increase the original wage offer in the Sydney/NSW Trains EA by 1%. This means that members will receive a pay increase of 3.53% immediately, and back dated to 1 May last year, with a further increase

of 4.03% taking effect in May 2023. The decision took into account cost of living increases, and largely ignored the Government’s public sector wage cap.

The EA deal was voted up by more than 9400 (93%) of 10,100 workers who took part in the ballot after the Government and Union in November agreed to the FWC arbitrating the remaining sticking points. The parties subsequently spent two days in February before a Full Bench of the FWC arguing over whether workers should in the current inflationary climate receive pay rises above the NSW Government wages cap

RTBU NSW Secretary Alex Claassens told members that the Government strongly held that rail workers were already paid enough, arguing that

“we shouldn’t receive any back pay for 2021/2022 because of the $4,500 one off payment”.

“Both the unions and the Government produced expert economic evidence about what the effect of the rising cost of living (CPI) has on our wages,” Mr Claassens said.

The agreement’s approval comes after what former Employment Relations Minister Damien Tudehope described as the RTBU’s “campaign of incredibly damaging industrial action”.

Prior to the FWC decision to increase the pay rate, Tudehope greeted news of the agreement being voted up as “meaning no further industrial action over the life of the EA , a welcome result for the public of NSW who own the rail network and rely on it every day to

go about their lives”.

Transport Minister David Elliott hailed the deal as “a significant and successful outcome for rail employees and commuters, after more than 12 months of intense negotiations and impacts from industrial action”.

“This Enterprise Agreement represents an extremely generous and fair deal for employees,” the Minister said.

Among the new deal’s improved terms are increases or greater access to parental leave, bereavement leave and carer’s leave; stronger emphasis on managing physical and mental health in the workplace; and an increased focus on preventing sexual harassment and supporting employees experiencing family and Domestic Violence.

Bus Operators Vote ‘No’ to Region 6 EA

After the NO vote delivered to the EA draft, a number of discussions have been had, both with RTBU members and with the combined RTBU/TWU caucus. We’re hammering out a proposal to put to the

company for discussion and consideration and are still working towards Same Job, Same Pay with the Copied State Award as the basis of a single Agreement. As we get closer to a potential

share more. The other potential outcome is that we get stuck in a loop with unions demanding and the company refusing. If this happens, given the expiry of the Copied State Award

year, it may be worth looking to arbitration of disputed claims in the Fair Work Commission. We’re taking legal advice on possible outcomes and how to protect workers and hope

Rally against Privatisation

We recently held a rally alongside Marjorie O’Neil, Member for Coogee, Mark Morey from Unions NSW, and Jo Haylen, the Shadow Minister for Transport. Peter Grech representing the union made remarks on the recent cuts to services, and the worsening of working conditions for bus drivers.

We heard from members of the public and drivers alike who expressed their grievances with the absolute disaster that is privatisation. Thanks to the failed policies of this government, drivers are overworked and under immense stress, and commuters are losing out on a proper transport system.

As we edge closer to the NSW election, we will keep working to elevate the voices of the many bus drivers who’ve been taken advantage of to remind the government they can’t keep ignoring the problem they’ve created.

NSW deserves better, and this is a fight we’ll continue to champion.

NSW workers launch campaign to build public transport here

The future of local manufacturing will be a key issue in the NSW state election, with all candidates being asked to commit to designing, building and maintaining our trains, trams, buses and ferries in NSW.

The Build Them Here campaign, supported by the AMWU and the RTBU, was launched outside Penrith Railway Station on 4 March, with Labor candidate for Penrith Karen McKeown to be the first to sign the Candidate’s Pledge.

A campaign video featuring workers from the public transport and manufacturing industries has also been released.

Australian Manufacturing Workers’ Union (AMWU) NSW & ACT State Secretary Cory Wright said Australian manufacturing workers are some of the best in the world.

“For decades, workers in Sydney, the Hunter, the Illawarra and the regions built the public transport that keeps NSW running,” Cory Wright said.

“But for 12 years, the Liberals and Nationals have privatised and offshored our public transport needs – sending billions of dollars and thousands of jobs offshore.

“We lost a generation of manufacturing workers, their skills, and their knowledge.

In return, we’ve gotten unsafe trains, cracked trams and unseaworthy ferries.

“We built them here once. Let’s build them here again.” Rail, Tram and Bus Union (RTBU) NSW Locomotive Division Secretary Farren Campbell said the history of overseas-built trains, trams, buses and ferries in NSW was littered with cost blow-outs delays, and defects.

“From trains that can’t be operated safely, trams that crack and ferries that can’t handle Sydney Harbour swells – it’s been one debacle after another.

“For workers and passengers on the public transport network, these problems represent serious safety concerns.

“The fact is that when you’re sourcing high-tech infrastructure like modern locomotives, train carriages and Light Rail Vehicles from Australian manufacturers, you know what you’re getting.

“Governments that source trains from overseas suppliers not only sacrifice local jobs, they potentially put lives at risk through lower safety standards.”

The Build Them Here Candidate’s Pledge:

I pledge that if I am elected, I will support building our public transport in NSW.

I will:

• Commit to designing, building, and maintaining our trains, buses, ferries and trams in NSW – creating jobs for local workers

• Support procurement policies that mandate the use of local content on government transport contracts, with preference given to local manufacturers, suppliers, and service providers

• Make safety and reliability a priority in the procurement of new public transport, and consult with end users through every step of the process; and

• Invest in the TAFE system to ensure we have a skilled manufacturing workforce

I will advocate within my party and use my vote in parliament to honour my commitment.

For more details go to the Build Them Here campaign website.

NSW Government to blame for bus services changes – not workers

A media release issued on 30 January by the RTBU Tram and Bus Division, as school summer holidays were coming to an end, and students were returning to school and many workers returning to work, stated that the NSW Government’s cuts to bus services, which came into effect on January 30, are the result of planned changes made by the NSW Government’s Transport for NSW and nothing to do with bus drivers who are simply trying to do their job.

President of the Tram and Bus Division, Peter Grech, said comments by the Premier at the time blaming workers for the service changes are untrue, ridiculous and offensive.

“There is no action by bus drivers, nor has there been any suggestion of it. All we’re doing is informing commuters of the bus cuts coming into place – a job Transport for NSW should have been doing themselves,” Peter Grech said.

“The Premier’s comments reek of the fake rail strike of last year where they tried to blame workers for their decision to stop the railway. It is outrageous for the Premier

to suggest that there is any action being taken, knowing full well that there is no action at all.

“The Premier should admit that his comments blaming drivers were blatantly untrue. Bus drivers already bear the brunt of some passengers’ frustration at cuts to services. Comments like this can only make things worse.”

Mr Grech said the cuts – which in many instances mean the time between services has been blown out – had been in the works for over five weeks, and Transport for NSW has clearly admitted the cuts have been made.

The media release stated that “The simple fact is that huge service cuts, planned by Transport for NSW, have come into effect today.

“Since they privatised the buses they’re struggling to attract and retain enough drivers to do the job. As a result hundreds of trips are being cancelled on an ad hoc basis every day. The decision they’ve made is to just cut thousands of trips permanently reflects the fact they simply can’t keep up with the quality service commuters deserve.”

Secure Jobs Bill passes Parliament

The Albanese Government’s Secure Jobs Bill passed Parliament on December 2, after the House of Representatives accepted the Senate’s amendments.

The Senate backed the amendments to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill that the Government negotiated with the Greens and ACT Independent Senator David Pocock. Workplace Relations Minister Tony Burke told the House that the passage of the legislation would mean that small businesses without HR departments that had no chance of “ever getting a document that was simpler than the award” would be able to achieve that through the cooperative bargaining stream. Larger businesses that faced an unbelievably complex BOOT would now deal with a simplified process and “come back to the bargaining table again”.

Workers “trapped” on Work Choices

era zombie agreements for nearly 20 years will “catch up with the rest of the Australian workforce”.

“For those who’ve been paid less than their co-workers, but weren’t able to find out because of pay secrecy clauses, the days of forced secrecy are over,” he said.

“And for the women workers of Australia, who’ve been held back with an unacceptable gender pay gap, held back because the objects of the Fair Work Act didn’t recognise the challenge that they faced, held back because the Fair Work Commission lacked the expertise that it needed to have, held back because there was a requirement every time a pay equity case was run to find a male comparator, today is the day that the parliament decided

to close the gender pay gap.”

He continued that it was “for those households who have seen everything going up, except their wages, because for a decade, low wage growth was a deliberate design feature of the Australian Government”.

“Today is the day that the Parliament decided that that is no longer the policy of Australia and today is the day the parliament decided to get wages moving,” Burke told the House.

The Prime Minister concluded by saying Labor is proud that the legislation “will be carried today”, on the 50th anniversary of the election of the Whitlam Government.

INLAND RAIL AT RISK FROM SHONK Y CONTRACTORS

Shonky contractors with track records of poor workplace safety and poor-quality work are putting the future of the massive Inland Rail project at risk, and leaving the Federal Government vulnerable to expensive rectification works.

The RTBU has outlined its concerns about the project in a submission to the Independent Review into the Delivery of Inland Rail.

Assistant National Secretary Shayne Kummerfeld said Inland Rail was a nation-building project that will deliver enormous benefits to the agricultural sector and stimulate jobs and economic development for regional communities along the route.

“There have been, however, a number of serious flaws in the delivery of this project to date,” Shayne said.

“The flaws have included a lack of transparency in contracting arrangements, leading to significant concerns over workplace safety and employment practices on the project.

“The reliance on shonky firms with a history of fraudulent behaviour and defective work will undermine the reliability and quality of the railway itself, and will ultimately lead to the need for expensive rectification works in the future.

“That’s why the RTBU has called for the current ad-hoc approach to contract management to be replaced by a Best Practice approach, similar to the Best Practice Principles applied to major government procurement projects in Queensland.”

Shayne was also critical of the lack of genuine consultation around the project.

“The RTBU has had long-standing concerns over the chronic failure

of ARTC to e ectively engage with stakeholders,” he said,

“From our perspective, engagement with ARTC has been virtually non-existent. Indeed, the only communication we have had with ARTC over the Inland Rail project has been when we have taken issues to the company and pressed it for a response.

“We’ve also noted a concerning trend of businesses, particularly labour hire firms, setting up sham “shopfronts” in local communities to demonstrate their local credentials.

“This is emblematic of ARTC’s entire approach to engagement and consultation – it is engagement on the surface level at best, and has no real substance.”

See the RTBU’s submission to the Inland Rail Review at https://www.rtbu.org.au/ submission_to_the_independent_ review_into_the_delivery_of_ inland_rail

The reliance on shonky firms with a history of fraudulent behaviour and defective work will undermine the reliability and quality of the railway itself

The Rail, Tram and Bus Union Turns 30

A majority of current rail, tram and bus workers have only known the RTBU as their union, however , previously members belonged to one of the unions which formed the foundation of the current RTBU.

The current Rail, Tram & Bus Union was formed on 1 March 1993 when the Australian Railways Union (ARU) merged with the Australian Federated Union of Locomotive Enginemen (AFULE); the Australian Tramway & Motor Omnibus Employees’ Association ATMOEA), and the National Union of Rail Workers of Australia (NURWA), to form the Australian Rail Tram & Bus Industry Union. While this was and remains the formal name of the amalgamated union, it operated for its first few years as the Public Transport Union (PTU), before changing to the RTBU. The current union continues a long and proud history of railway unionism spanning most of the history of the life of the NSW railways.

Since people have been employed on the railways there have been attempts at unions and associations to protect collective interests. Rail unions in one form or another came into existence in the 1860s and 1870s.

During the first decade of the NSW railways there were a number of small sectional and craft unions in existence, variously covering guards, drivers, perway and workshops. For example, there were unsuccessful attempts to form train drivers unions in Sydney and Goulburn as early as 1871; eventually establishing the Locomotive Enginedrivers, Firemen & Cleaners Association. Traffic Branch employees were organised from the early 1880s, with the NSW Guards and Shunters Association being formed in 1883, and the NSW Signalmen’s Union in 1885., Others included the Railway Workers & General Labourers Association, formed in 1908.

Many of the smaller unions were brought together under the umbrella of the Amalgamated Railways and Tramways Service Association (ARTSA) that was formed in 1886, de-registered after the 1917 strike, and re-registered in the 1920s as the Australian Railways Union.

State Tramways Employees Associations formed the Australian Tramway Employees Association in 1914, later changing to the Australian Tramway & Motor Omnibus Employees Association.

All of the major rail and tram unions were deregistered for their involvement in the 1917 general strike, and were not re-registered until the 1920s. In this time, the government assisted the establishment of a number of ‘loyalist’ unions to replace the more militant unions.

Divisions in the Ranks

Those who remained aloof from ASRTSA were some of the trades, such as fitters, turners and patternmakers, as well as the enginemen. They did not see throwing their lot in with the general grades as the best way of pursuing their interests or maintaining their relativities. Similarly, the salaried staff remained separate, forming their own Salaried Officer Association in 1890, which only lasted a few years. The relations between the different associations were at times quite hostile, and at best tense.

As mentioned earlier, these hostilities emanating from the strike of 1917 have never fully faded. The animosity between the ARU, the AFULE and the NUR survived through the century, and flared up regularly around industrial differences and disputes. The debates leading to the amalgamation of key rail and tram unions to form the Rail Tram and Bus Union in 1993 reflect how raw some of these feelings were some 75 years later.

The following edited extract from Peter O’Connor, On Wooden Rails : Celebrating 150 years of Work on the NSW Railways, provides a summary of the union amalgamation. The NSW Branch in collaboration with the RTBU National Office , are compiling a more detailed booklet to commemorate the RTBU amalgamation, which will be available later in the year.

Towards Amalgamation

June 1992

Just as the first twenty years of the last century were vital formative years in the development of the major rail unions, in particular the AFULE, ARU and ATMOEA, and later the formation of ‘loyalist’ unions after the 1917 strike, the last 20 years of the century were equally crucial in shaping the future of the rail unions. This was a period that laid the foundation and groundwork for the historic amalgamation of the major rail unions into a strong and viable union for the twenty first century.

The amalgamation in 1993 was the culmination of major changes in the industry. It was a time of heavy rationalisation in the industry, with services that had existed for a century being wound back or closed, it was a time, with many retrenchments, where workers were caught in conflicts over demarcation and job protection. It was also a time when the former ACTU President and Prime Minister Bob Hawke had put in place a policy platform to restructure antiquated industrial awards and practices, and rejuvenate the industrial relations landscape by legislating for the creation of 20 ‘super unions’ as the basis for negotiating industrial relations in major industries. It was the era of striving for the ‘clever country’.

The union amalgamation processes that flowed from these policy initiatives were often desperate and bizarre events, as tribes sought to protect old territory and power and ideological groupings huddled around each other. The rail and bus union amalgamations were not without these power plays, their detractors and conflict. However, what resulted from the long amalgamation processes was a sensible grouping of rail unions covering most of the rail industry workforce. Unlike many of the nobbled together hybrid configurations that occurred in other industries, the rail unions managed to construct a coalition

Cartoon promoting amalgamation in ARU NSW Journal RailRoad

of unions, not on an ideological or political affiliation basis, but on the prize of building a strong industry union that could serve each of their traditional constituents from a stronger bargaining position. The ‘empires’ within the railways were breaking down and were largely not relevant as forces in the modern era, from a management or union perspective. The break-up of the railways through privatisation, corporatism, contracting of functions and a range of new operators in the industry, demanded strong and unified industrial representation. The testimony of the strength and wisdom of the amalgamation brokered over that time is evidenced in the almost unique position of the RTBU in the industrial landscape. Not only had the rail industry experienced radical and profound change, the general labour market and labour movement had changed. Union membership and density has steadily declined and the roles and influence of unions has been effectively challenged and diminished in many quarters. Talks around the rail union amalgamation, while having been raised previously, ironically started in earnest after the Brake Van demarcation disputes in the mid1980s. Disputes that generated considerable animosity between the two main amalgamation partners the AFULE and ARU. Most now agree that it was a necessary, and probably one of the best moves made by the unions. Former ARU Secretary, Jim Walshe, who retired to work fulltime on the amalgamation process summarises the ARU position as “we’d pretty well lost signalmen from the industry, shunters were disappearing, and guards could have gone anywhere. So we may not have been viable in the future. It was also an opportunity to be rid of the ‘filthy’ demarcation disputes that had gone on.”

The process itself involved intensive meetings between the partner unions, interstate meetings, detailed conferences with legal advisers to hammer out rules that

would satisfy the various ‘tribes’, arguments and brawls to be had, political differences to assuage, agreements to be made and broken. In all, the formal process involved in the ‘making’ of the amalgamated union took some eighteen months to two years to broker. Once the amalgamation had been achieved, then began the longer process of transition and adjustment to the cultural changes required for the amalgamation ‘marriage’ to work. The end result was nonetheless a genuine ‘industrial’ amalgamation rather than a ‘political’ grouping. A brief reflection on the state of play leading to amalgamation is testimony to this assertion. The ARU in NSW was aligned to the ALP Right; while its National Office was clearly Left of Labor in its politics. Victoria was Left, Queensland was uniquely Queensland; South Australia was soft Left; Tasmania aligned to Victorian Left; while Western Australia was relatively new and with few members. The AFULE was a similarly mixed bag, and depending on who you ask, had a similar mix of Left, Right and ‘apolitical’ branches. The NUR was traditionally a conservative body, not affiliated with the ALP and eventually identifying with the soft Left of Labor on the political radar. The ATM&OEA was a peculiar entity again. In NSW they neither identified or aligned with Left or Right, but took a sectional position of looking after the ‘interests of buses and trams’. It is also generally acknowledged that some of the positions agreed across the Divisions of the new union were mistakes and could have been more carefully considered. However, with this political tapestry and various histories as the back drop, agreement was reached between the various political groupings to support each other through the amalgamation process, then sort out positions in free elections after the amalgamation. It was a genuine, if imperfect, industry amalgamation. One that has been allowed to take root and

grow in its own directions. Despite protests then and now about how well the particular sectoral interests are served, the viability of all the amalgamation partners has been secured and enhanced through this historic development.

The rail unions have built and consolidated a union that despite the sea changes in the industry and labour market generally, retains a uniquely high union membership in the public and private sectors of the rail industry. Whereas the RTBU can probably claim a historical tradition of industrial moderation rather than militancy, it also retains a perception and respect as one of the more ‘powerful’ and influential unions. The troubles afflicting investment and management of the railways also uniquely affects a broad demographic of the population, rather than more isolated interest groups.

When there is a major problem on the rail network it affects young and old alike. It affects business people, millions of commuters, school children and pensioners. Thus, any action or policy position by the RTBU has the capacity to impact widely across the community. This in part accounts for media perceptions of industrial militancy within the industry and portrayals of the union often as a ‘hostage taker’ in political or community terms. It also accounts for why the RTBU is able to gain broad community support for its campaigns and positions.

The position of the RTBU is not an accident. It is partly the result of the developments and cultural evolution of the industry and its place in society. It is also more than that, the union understood that role and that history and has been able to harness both into a modern viable industrial force. The RTBU was not simply an accident of history, a ‘lucky break or fluke. The decades leading to the union amalgamation involved strategies, changes and adaptations that would allow the development to be effective.

MEMBERS URGE RTBU TO KEEP TAKING UP THE FIGHT TO BAD BOSSES

The results of the 2022 RTBU National Members Survey are in, and members have sent a strong message that they want their union to keep taking up the fight to bad bosses.

In total, 2,358 members filled out the online survey form, with 57% of respondents from NSW, followed by Victoria (16%), Queensland (10%), WA (8%), SA/NT (5%) and Tasmania (3%).

UNION PRIORITIES

Members were asked about the importance of a wide range of union functions.

The most important union function, which rated as ‘very important’ by 94% of members, was “challenging employers who treat their workers unfairly”.

Functions that were overwhelmingly rated as ‘very important’ by members were:

Challenging employers who treat their workers unfairly

Ensuring employers comply with the employment obligations

Negotiating better wages and conditions

Improving job security

Providing legal support and advice to members

Advocating to preserve the superannuation system so it is not dismantled

Improving safety in your workplace

Members urge RTBU to keep taking up the fight to bad bosses

Other union functions that received strong support from members included:

Advocating to government for better safety regulation in our industries

Advocating to protect Medicare so it is not dismantled or defunded

Ensuring that qualifications in our industries are fit for purpose

Assisting members or their families when they are in distress

Providing input and advice to government on the future of our industries

But that’s not all! Members also identified a further list of union activities that they considered very important – which goes to show just how extensive the role a trade union really is. Other functions which were identified as very important were:

Ensuring there are enough people to fill the roles available in our industries

Advocating for government for infrastructure projects or upgrades in our industries

Providing members with core qualifications like RIW Cards and ‘Safely Access the Rail Corridor’

Advocating on issues that do directly impact our industries but make Australia a better place to live

Negotiating discounts on various goods or services to members

Providing members and their families with recreational facilities or events

REASONS TO JOIN THE RTBU

The survey asked members to identify the main reason why they joined the RTBU. It’s clear that members recognise that the importance of having strength in unity, with well over half of respondents (58%) saying the main reason they joined the RTBU was because they believe in trade unionism. Other important reasons for joining were:

» To get involved in an EA negotiation or industrial action (14%); and

Minister for Employment and Workplace Relations, Tony Burke lays out year’s IR agenda

After the successful passage of the Albanese Government’s Secure Jobs Bill through Federal Parliament in December, Workplace Relations Minister Tony Burke announced in February the Government will begin consulting with employers and unions on more “controversial” issues which will be included in separate legislation in the second half of the year.

The Albanese Government will soon introduce further IR legislation to include superannuation payments in the National Employment Standards (NES), clarify coverage of temporary migrant workers and ensure stronger access to unpaid parental leave.

Burke told the National Press Club in Canberra in February, that those issues included Labor’s “Same Job, Same Pay” election pledge, defining casual workers, the coverage of gig economy workers in “employeelike” conditions, introducing jail terms for the worst cases of wage theft, and “having a lowcost jurisdiction at the Fair Work Commission to deal with unfair contract disputes for independent contractors”.

He said the second tranche of legislation will also feature safety principles and minimum standards for long- haul drivers, stronger protections against discrimination, and further action on the dangers of silica dust.

“The agenda for this year, for workplace relations, will involve a lot of the election commitments that we hadn’t dealt with last year,” Burke said.

“The more controversial parts of our election promises that we haven’t yet dealt with will be in the second half of the year.”

Burke said while the title of last year’s Bill “was about taking significant steps on job security and getting wages moving”, the forthcoming legislation will be about “closing loopholes that can undercut the principles that we put through last year”.

The Minister argued the passage of the Secure Jobs legislation is already having an effect on bargaining.

“There are businesses that had refused to bargain that are back at the table now negotiating with their staff and those negotiations will result in pay deals.”

“The legislation this year will deal with how do you even get those agreements moving, how do you deal with the different ways that the system gets undercut through different loopholes and we’ll be closing those loopholes in the legislation that we deal with in the second half of this year.”

Government Not Considering Bargaining Fees

Key union leaders have offered public support for bargaining fees to address so-called “free riders” who benefit from union campaigns and legal cases, and to boost membership and finances.

They include the UWU’s National Secretary Tim Kennedy, AMWU National Secretary Steve Murphy, HSU National President Gerard Hayes and RTBU National Secretary Mark Diamond.

In response to questions, Mr Burke said that the second tranche of legislation will not remove the Fair Work Act’s prohibition on unions charging bargaining fees.

“I have gone through the list of what we’re contemplating and that one [bargaining fees] is not on the list,” Burke said.

“But, you know, unions are free to argue whatever issues they want for their members.

“You know, I’m not critical of them for arguing that, but it’s certainly something that’s not on our list.

“All my focus and all the Government’s focus has been about getting people better job security and about delivering on getting wages moving.”

Unions NSW last year released a discussion paper arguing for bargaining fees, noting that unionnegotiated enterprise agreements consistently deliver better pay and conditions

“Non-union members enjoy the superior benefits of collective bargaining without contributing financially to the costs of the legal and industrial work undertaken to deliver better outcomes for workers,” the paper said.

“This free riding must stop.

“It is unfair to union members whose dues make these negotiations possible and give them the strength needed to bargain for good outcomes.

“It also creates perverse economic outcomes that have fuelled Australia’s wage growth crisis.”

The paper contended that high levels of free riding contribute to wage stagnation, inequality and collective bargaining decline, proposing that a charge on non-union members be capped at 70% of yearly union dues and only payable if the benefit to the worker from the enterprise agreement is higher than this amount.

Twin horns of dilemma – when the cover-up is worse than the crime

Quite often when employees face disciplinary action and investigations by their employer for alleged misconduct, there may be a desire to not be as upfront and truthful in responses provided.

Invariably, where an employer uncovers the mistruth, they will rely on the old formula of saying they have lost trust and confidence in the employee and that the employment relationship has been broken.

This is an interesting problem faced by employees, particularly in circumstances where had they been upfront and honest, then likely, the original misconduct might have been dealt with by way of counselling, retraining or reprimand at worst.

There have been numerous Fair Work Commission decisions involving an examination of precisely these types of scenarios. The key take-away from those decisions is that there is a duty by the employee to provide truthful answers to the employer.

In concluding whether an employer has a valid reason to dismiss an employee, the Commission will frequently consider the question of whether the employee has demonstrated a lack of candour and dishonesty throughout the process.

Where such serious misconduct occurs, Commissioners have found that it strikes at the heart of the employment relationship making reinstatement virtually impossible as the outcome sought.

Members are reminded to always seek the support and representation from trained union officials when facing any kind of workplace investigation and to contact the union before responding to any workplace allegations.

Ongoing Newcastle Bus Safety dramas

Yet again, March brought more safety issues in Newcastle, with bus drivers continuing to suffer from incidents of violence on the job. It’s extremely concerning that there were issues with the distress button, and a driver was left without support. This is unacceptable.

We’ll continue to work closely with local delegates, police and the company to do everything we can to protect drivers. If it comes down to not driving specific routes at certain times, then that’s what we’ll do, but we want to leave no stone unturned in stopping the current situation before that point is reached.

While we are running into a variety of issues, one solution that helps them all is if we have empowered Transit Police, whose job is to tour the network and support drivers in doing their jobs safely. The RTBU is talking to other unions and the Labor party about bringing back Transit Police and how that would work.

Members are strongly encouraged to provide incident reports to management and a copy of these to the Union delegate. The delegate can then chase up on what has been done to fix the concern raised and report to that member about the result.

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

Safety News

ONRSR welcomes $30,000 fine for safety breach

The Office of the National Rail Safety Regulator (ONRSR) has welcomed the issue of a $30,000 fine to a train driver who put lives at risk after inexplicably “losing” four carriages, and failing to take immediate action to secure and recover them.

The offences arose from an incident in October 2020 when a train traveling between Broken Hill and Parkes experienced a loss of air pressure, indicating a likely uncoupling of wagons near Kaleentha in western New South Wales.

Acting ONRSR Chief Executive and National Rail Safety Regulator Peter Doggett said with the train being more than 1100 metres long, the driver initially only inspected a little over half its length before returning to the lead locomotive hoping to rectify the problem by resetting the train computer.

“When this failed to restore air pressure a second inspection was undertaken and located an open-air tap on the ‘last’ wagon. No end of train marker was identified, and the identification of the last wagon was not correlated with the train consist documentation,” he said.

“The train then continued for another 80 kilometres with the driver apparently unaware the last four wagons of the consist had become separated and been left behind unprotected on the main line.”

Exacerbating an already dangerous situation, the uncoupled wagons were obscured to other rail traffic by a rise in topography at the location.

The senior driver was convicted of two offences for failing to comply with his duty under S56 of the Rail Safety National Law, which outlines the duties of rail safety workers, key among them being the need to, when carrying out rail safety work:

• take reasonable care that his or her acts or omissions do not adversely affect the safety of other persons

• comply, so far as the worker is reasonably able, with any reasonable instruction given by the rail transport operator to allow the operator to comply with this Law.

In handing down his ruling in the NSW Magistrate’s Court , Magistrate Glenn Bartley said the four trains were “carelessly allowed to drift to a standstill and in effect abandoned; if they had been slammed into, it could have killed the driver and driver assist of the next train or others”. Even having considered the offender’s previously clean record, Magistrate Bartley imposed the $30,000 fine, adding it was important other rail safety workers take notice of the decision and are aware of their safety duties under the national legislation.

“General deterrence must be given great weight because this is a regulatory offence – it is a

safety offence, the public are entitled to protection, as are other rail workers,” he said.

Doggett said the sheer seriousness of this incident had led to the regulator’s decision to pursue it.

“No decision to prosecute is ever taken lightly. Rather it is always in the interests of rail safety,” he said.

“As a general rule ONRSR will focus on organisational and systemic failures when it comes to prosecutions. However, we simply cannot ignore the blatantly irresponsible actions of individuals that threaten the safety of others who are relying on their colleague to work safely.

“ONRSR’s actions and this result should serve as a timely warning to all rail safety workers that they have important legal responsibilities and is a reminder to rail transport operators that they should make sure their workers, including contractors, are aware of those legal obligations.”

The Broken Hill line.

RTBU CALLS FOR URGENT OVERHAUL OF RAIL SAFETY REGIME

The derailment of a 1.7 kilometre-long freight train with 55 carriages at Inverleigh, west of Geelong, during November, once again exposed the frailties of Australia’s national rail safety regime.

National RTBU Secretary Mark

Diamond said rail workers had lost confidence in the rail safety regime, and an urgent review of the Rail Safety National Law was needed.

“Miraculously, there were no injuries to traincrew in the incident at Inverleigh,” Mark said.

“But a derailment like that would be catastrophic if the train was carrying passengers, rather than freight.

“Rail workers are increasing concerned that Australia’s rail safety regime is no longer fit for purpose, and not enough is being done to ensure that tracks are safe.”

The incident happened after a period of heavy rain and flooding throughout southeast Australia, but Mark said rain should not be used as an excuse to justify infrastructure failings.

“Australia is a big country with a big rail network. It therefore needs a rail workforce that is big enough to ensure that every kilometre of track is appropriately maintained and regularly checked – especially during times of extreme rainfall or heat.

“It has also been ten years since the adoption of the Rail Safety National Law (RSNL). It’s time that safety laws were brought up-to-date with

contemporary practices and standards in the rail industry.”

Mark said the introduction of the Rail Safety National Law in 2012 was a milestone moment for the industry, and a key achievement of the former Labor Federal Government.

“Since then, however, it has become clear that the Regulator needs greater powers in order to hold rail operators fully accountable.

“There are also inconsistencies between the responsibilities of employers under the RSNL and model Workplace Health and Safety laws and these should be considered and, where appropriate, aligned.

“A comprehensive review would allow for the Act to be strengthened, ensuring workers have the protection of a world class safety regime.”

Mark said a major problem with the current rail safety regime was the lack of transparency.

“For example, when an individual makes a report to the regulator, they are not provided with any information about what happened with their report – or even advised if any investigation has been conducted.

“This undermines rail workers’ trust in the system, as they do not know

whether anything has been done about the safety issue.”

Data from the O ce of the National Rail Safety Regulator shows there have been 57 deaths on the national railway network since January 2016.

RTBU analysis of rail safety statistics found that in recent years:

» Workplace deaths have increased;

» Derailments have increased; Level crossing incidents have increased;

» There has been no reduction in SPADS (incidents of Signals Passed at Danger); and

» The total number of injuries is most-likely under-reported.

“By any objective analysis, the rail safety regime is failing to do the job it was set up to do,” Mark said.

A derailment like that would be catastrophic if the train was carrying passengers

Automatic Train Protection is Almost Here

On January 31, 2003, the Waterfall disaster resulted in the tragic loss of seven lives, including the driver and six passengers. The McInerney report into the derailment identified serious failings within the organisation and delivered no fewer than 127 recommendations

Automatic Train Protection (ATP) is one of those recommendations. The McInerney report stated: “RailCorp should progressively implement, within a reasonable time, Level 2 automatic train protection with the features identified in chapter 8 of this report.”

Fast forward 20 years, and ATP is almost here, but what we are seeing roll out isn’t what the recommendation called for.

There are multiple levels of ATP: ATP Level 1 uses in-cab computers to continuously or at regular intervals determine both the speed and location of the train. This information is compared against an authority held by the train’s computer system.

ATP Level 2 (as recommended in the McInerney Report) continually monitors the train’s speed and limit of authority, intervenes in advance to prevent exceeding either, and provides in-cab signalling.

All systems provide warnings with respect to both speed and authority, but not all systems provide speed enforcement. Where there is no speed enforcement, if the train driver ignores or does not respond to a warning, an emergency brake application is used to bring the train to a stop. Where speed enforcement is available, should a driver ignore or not respond to a warning, the incab system will use service brakes to slow the train to within acceptable limits. Emergency brakes are only applied if the authority will be exceeded. At Level 1, this system still operates using fixed blocks for authority and trackside signals.

Level 2 ATP is still some way off, with Sydney Trains working towards implementation through the Digital Systems project.

By way of history, ATP Level 1 was originally agreed for implementation until roughly 2014 when the then Transport Minister, Gladys Berejiklian, decided it was more financially acceptable to purchase and implement an element of ATP Level 1, known as Limited Supervision. This reduction in the proposed safety system was based purely on saving money and quicker implementation. This lesser ATP system is being rolled out now.

ATP Level 1 – Limited Supervision, prevents train over speed on plain track and at selected (but not all) “high-risk” locations, including crossovers, level crossings, and buffer stops. The system is anticipated to prevent a high-speed roll-over, but it won’t prevent SPADs.

ATP will remain primarily a background supervisory system. If a driver is incapacitated, as occurred with the Waterfall incident, or does not adhere to the network indications or information, ATP will intervene to protect the train. Importantly, this may not be the case in all circumstances. Through testing, it has been identified that Sydney Trains rolling stock can overspeed up to the white CountryLink speed boards before the system becomes active or intervenes.

Despite the recent excited reports from Sydney Trains during the “Train Crewing All In” live stream, there remain ongoing issues which we are attempting to resolve. Most notably is the installation of this safety system onto the Tangara. This issue stems from Sydney Trains choosing to keep the Tangara Train Management System (TMS) instead of implementing the more appropriate solution of replacing the TMS with a new train operating

system similar to the Oscar or Waratah fleets.

This decision has resulted in plans for Tangara trains to re-enter revenue service in “Bypass” rather than “ATP Normal”.

The entire network is now fitted for Level 1 ATP, except the ESR. OSCARs have been operated with ATP by NSW Trains and Sydney Trains Illawarra drivers for about 3 years.

As ATP implementation approaches, members should take note of the following important details:

• Waratah and Millennium trains will soon be enabled, and crew training has already started for depots that work with these sets. However, Tangaras will be delayed until at least July, and K sets will not be fitted with ATP at all.

• ATP Normal training involves two days in a classroom and a third day on train in service with the support of a Standards Officer.

• Drivers will be briefed on the Tangara returning in Bypass, as well as the changes made to the Tangara Desk to facilitate ATP installation.

• Drivers will receive support after training, and Sydney Trains has committed to an initial no-blame approach to ATP operational issues. Support will be provided to qualified ATP drivers from qualification, and consideration will be given to touch time.

We welcome the long overdue safety benefits for our members and the wider community, and we will continue to support our members through the introduction of ATP and beyond. Our goal is to prevent another disaster like Waterfall from occurring.

ROAD

Whistlestop

Foundation Menangle Members Retire

Craig Fogarty

Craig started on the railways in 1981 as Apprentice Boiler Maker at the “College of Knowledge” Chullora at the age of 19. He worked between Clyde, Chullora and Eveleigh. Craig then settled down and was offered a position as a Trainee Engineman at Delec in 1989

He then worked his way through the classifications to become a Locomotive Driver.

Delec was then transferred when the new Enfield Yard opened up.

It was time to stop the daunting Sydney commute and transferred to the new Menangle Depot in November 2020.

Craig retired in 2022 giving 41years of Railway Service.

David Thompson

David started his career at Delec (Enfield) on the 21st November 1978 at the age of 15. Being too young to be out on the road (rails) he cleaned locos until 1980 when he was old enough to enter the school to become a Trainee Engineman. He progressed through to become an Acting Driver in 1984 and in 1985 took his appointment as a Level 5 Engineman on the ÉTR at Flemington.

Over the next few years, David transferred between the ETR and InterCity until 1997 when he took an appointment as a Driver Trainer at Campbelltown. David was the Union representative on the newly set up ‘Driver Training Steering Committee’, which developed and oversaw the introduction of the Driver Traineeship Programme, which was also part of the build-up for the 2000 Sydney Olympics.

In 2005 David was appointed as an Operations Standards Manager (OSM) at Central, but with his main interest being training he was asked to be involved in a number of projects which resulted in him being asked to act as the Workplace Training Manager at Lee Street and then Acting Train Crew Training Manager at Petersham until 2009 when he was successful in his appointment as Senior OSM at Central InterCity.

David saw out his career on RailCorp in the position of Depot Manager InterCity Central until 2013 when he took voluntary redundancy.

David still continued in the Rail Industry by gaining employment with CERT in August 2013, where his role was to assess Aurizon drivers between Newcastle and Narrabri.

In November 2013, David gained employment with Pacific National back at Enfield, where once again he became involved with Driver Training.

In 2020, starting to wind down David was one of the original 10 Drivers to transfer to the new depot at Menangle where he stayed until his retirement on the 21st November 2022.

David has had a long and varied career/life on the railways, of which his interest will undoubtedly continue with his son, Adam being a Driver at Pacific National - Parkes and his son-in-law Steven being a Driver at Pacific National - Menangle.

David retired on 21st November 2022 after exactly 44 years on the railways.

A gathering of work colleagues, union members, friends and family gathered at Campbelltown Golf Club in late November to celebrate the railway careers of Craig Fogarty and David Thompson. The following are brief summaries of Craig and David’s careers on the railways.

David (centre) with the next generation of train drivers, son-in-law Steven (left) and son Adam (right)

Craig receiving a plaque of appreciation from RTBU Organiser Kevin Pryor

Congratulations On Your Retirement Collin Suprain

Well known, and very well respected long time Locomotive Driver Collin (Supertrain) Suprain has decided to pull up stumps on his illustrious 60 year career.

The following tribute was made by Chris Mead

All of us that know Col, worked with Col, past and present, would like to wish him the very best for his retirement and future ventures.

Please read on for an insight of Col’s journey and career that spanned well over half a century.

I was fortunate enough to sit down with Col at one of his local Pubs to try and piece together and pen down his career, and this is what we came up with.

You’ll need to forgive us for not including exact dates of all the depot changes and durations at the many depots Col worked out of, as we were a few beers in.

Col started his career on the railways waaaaaaaaaay back in 1964 as a trainee Engineman at Enfield.

Col continued to work at Enfield for some time as a Fireman gaining qualifications in all Steam Locomotives until moving to Delec as an Acting Driver.

Col then moved on to Hawkesbury River on a temporary transfer basis to work the Bank Engines assisting trains up Cowan bank for approximately 3yrs or so.

Col then went back to Enfield for another short stint there, then managed to find himself working out of his “Home Base” of Gosford for a period of time.

After his time at Gosford, Hornsby would be his next choice of location for the next 3yrs or so.

In 1977 Col moved again, from Hornsby back to Gosford where he stayed until the mid 90’s.

In 1994 after leaving Gosford and Passenger Trains, Col joined the ranks of National Rail at SFT driving freight trains.

Col spent and really enjoyed the remainder of his career (28yrs) working out of SFT mentoring newbies and steering freight trains and one of his favourite trains, The Indian Pacific, all around the countryside until he called it a day in November of 2022.

Being qualified in almost every Steam, Electric and Diesel powered locomotive known to man, Col’s longevity within the industry has had him witness and be a part of many, many changes (some good and some bad) and all things railway related.

Col’s ability and many, many years of experience also gained him notoriety amongst his peers as one of the best train handlers and Locomotive Drivers around, I’d like to add, not only is he a Guru at wiggling the sticks, this guy is a true gentleman, fair dinkum bloody good bloke and a

great friend to many.

I think I can safely say from all of us that know him and have worked alongside him, Col, your experience and knowledge of the job, humour and camaraderie will definitely be missed.

We all sincerely hope you enjoy your retirement and live life to the fullest from here on.

I’ll finish up with a “Fun Fact” and cool story about Col that many may not know.

In the Bi-Centenary year of 1988, Col was the driver of Loco 3642 and his mate, Ted Power, on Fireman duties and in the company of Loco Inspector Maurie Johnson, were involved in a publicity race/stunt of a Train, and a Tigermoth Plane having a race from Morisset to Ourimbah. I do have it on good authority (from Col) that 3642 and crew kicked the Tigermoth’s arse that day.

Cheers from us all and good luck Ol’ Mate

Collin Suprain with Branch Secretary Alex Claassens

VALE Bryan Williamson

The RTBU has lost a long time stalwart earlier this year with the passing of Bryan Williamson. Bryan was a fixture of the Locomotive Division for many years, an affable, jovial man, always ready to share a yarn. However, when it came to representing and defending members, either at Lithgow, through Divisional Committee, or industrial negotiations, he was relentless and tenacious.

Family, friends and workmates gathered at St Patricks Church Lithgow on 5th January to say their final farewells to Bryan.

RTBU Branch Secretary Alex Claassens delivered a Eulogy at Bryan’s funeral. The following is an edited extract from that eulogy.

So, I am deeply honored to be here today and provide a eulogy for Bryan, Pigdog as he was affectionately known to many in the railway, it was apparently given to him because once he had your ear he wouldn’t let go and I’m certain some managers that we have had dealings with over the years would also attest to his relentless pursuit of members entitlements.

Bryan started his railway career in Queensland sometime after Changeover Day, or ‘C-Day’ on 14 February 1966 when Australia switched to decimal currency, and we know this because he used to carry some of his old paydockets to show the young blokes what he used to get paid, one was for $97 per fortnight and the other was $102. We know that he was a fireman at Hughenden which was on the Mt Isa line and he later transferred to Townsville.

Then in 1978 as part of an exchange program known as the Kyogle Agreement between the Queensland Government and the NSW Government he was able to be transferred to Lithgow and after training he was promoted through the ranks to become a Class 5 Driver and stayed in Lithgow Loco until he retired from Pacific National in February 2013.

I started at Lithgow Loco in 1978 and was really lucky to be rostered with Bryan initially when he was an acting driver and then on many occasions when he became a fully-fledged Class 5 driver. In fact, I credit Bryan for being a mentor to me at a very early stage in my working life and he is directly responsible for my desire to help others as it was Bryan that convinced me to join and become active in the Union and the ALP.

His generosity was boundless as many will attest to, a common saying that “someone who would give you the shirt of their back” does not do him justice.

I think we would all be shocked by the amount of volunteer hours that he put in over his many years of caring for others, particularly after he retired from the railway to look after Lorraine. The locals here today

would know that he also spent many years driving the community bus and making sure that those in need could get to where they needed to be. He also helped a number of people with little jobs that they were unable to do themselves.

Certainly, he never really retired from the union continuing to represent members right to the end, he was always there for us and whenever any of us contacted him and asked if he could help out, he was there. Officially, when he finished with Pacific National, he worked for us for a few years travelling to all of the freight depot locations where he met with members and he would then report to the Loco Division Executive. He officially resigned from the union in March 2015

The ALP will never really know the extent of his Labor over the years so whether he was campaigning for his very close friend Cass Coleman or any other candidate that he was asked to support.

Susan Gregory the Lithgow ALP Branch President has penned the following;

“He was a loyal and hardworking member of the Lithgow Branch of the ALP and served as the Branch

Treasurer and keeper of the meeting room key. Bryan was particularly wonderful at election time. He was always willing to set up for pre poll and to take material away at night. He was always there, just when something needed to be done, and he did it willingly and efficiently. His front fence always displayed corflutes and his car graced Main Street with Labor posters from early morning during campaigns. Bryan provided political and personal support for Lithgow Deputy Mayor Cass Coleman in all of her campaigns, acting as her agent in local government elections and teaching her daughter to drive. He was a loyal friend and comrade, always calm, always ready to help, always ready with wise advice. He will be sorely missed by all who knew him.”

Bryan, you have done your bit, you have passed on immense wisdom to the next generation within both of your families and you have set a shining example to live, loving others, and life as it should always be.

Rest in god’s hands and for us that remain we will always remember your many lectures on everything important in life with a smile on our face.

Bryan’s son Wayne also provided the following information highlighting Bryan’s love of all things locomotive.

Apart from his lifelong career on the railways, many other aspects of my father’s life were filled with his keen interest in trains. It’s a given that we were often track side when the 3801 was on the move, I recall seeing the

Loco Suit Club

Many drivers who came on the job at the end of the steam era, knew the Loco uniform to be overalls and black cap. However, prior to that, Drivers, as a sign of status and their respected position on the railways, wore a suit and tie with the sweat band around the collars. In addition to other social and cultural activity of train drivers, the significance of the suit was enshrined in the formation at Lithgow and other locations of the Loco Suit club. As the name suggests, it was established for drivers to put aside a portion of their wages towards the purchase of a new suit.

Lithgow is probabIy the last remaining Loco Suit Club. In keeping this tradition alive, Bryan was active in the Lithgow Loco Suit Club, and continued to contribute to the Suit Club until his passing. Today, the Suit Club contributions are more recreational in nature, still meeting and holding social functions, and producing the Suit Club shirt, rather than going towards the purchase of a suit.

3801 pass through Lithgow on a few occasions. Family holidays also seemed to include a ride on a stream train. No trip to Melbourne is complete without a ride on Puffing Billy in the Dandenong Ranges. Some of my fondest memories are of a road trip from Lithgow to Townsville in the mid-1980s to catch up with family friends that we had not seen since moving to Lithgow in the late 1970s. Things were pretty normal until we moved past Brisbane and into the large towns and cities in central and northern Queensland with their sprawling cane fields and cane trains! From that point on, the road trip morphed into a kind a cane train study tour. For the record, the best cane trains were in Tully.

My father’s enthusiasm for trains also extended to model railways. He was a long-term collector of British N-gauge model trains. Small packages with the Graham Farish logo routinely arrived at home with the latest model train purchase inside. He was always planning or building a model railway layout. For his biggest project, he cut a doorway through a brick wall at the back of our house, dug out a large room amongst the house’s foundations, put in a concrete floor and lighting and then built an extensive model railway layout. It was impressive. His enthusiasm for British trains also extended to a large book collection and regular correspondence with fellow enthusiast in the UK that he had made contact with over the years.

Have You Left the Industry? Retired?

Or No Longer Want to be in the Union?

If you have left the industry, permanently or for a period, have retired, or are off work due to illness, or no longer want to be a member of the RTBU, you must resign, or suspend your union membership, in writing.

Our union rules provide that members leaving the union for whatever reason, must do so in writing. If you do not resign in writing, you will continue to be included on our union membership and liable for the dues owing for that time.

Please note: Regardless of whether your union dues were paid by direct debit or through payroll deductions, the employer is not authorised to change your membership details after resignation or leaving the union. You must do this personally.

Please contact the membership office at the union for more information.

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

UNION HEALTH - THE GO TO HEALTH INSURANCE FOR TRANSPORT WORKERS.

Want a health fund that treats you fairly? At Union Health, we’re big on the idea of a fair go, and nobody deserves that more than the transport workers that make up our unions.

Because, while life may not always be fair, we believe your health fund should always be. We’re all about people over profits, every time.

Take charge of your health and wellbeing with Union Health Basic Extras - a cover to help you access benefits for dental, optical, massage therapy and more. Combine with hospital or keep it on it’s own - the choice is yours!

 No-gap preventative dental at preferred providers, making life easier.

 New counselling benefits so you’re never alone, especially when life gets challenging.

 Flexible limits on therapies, so you’re always ready for anything.

 Increased optical benefits, so you can start your year with a fresh perspective.

Make the switch to Union Health today and get 4 WEEKS FREE after your first month of payment.*

*Terms and conditions apply.

Basic

with

counselling benefits so you’re never alone, especially when life gets challenging.

Like Us on Facebook

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.

Like Us on Facebook

RTBU Holiday Park Jervis Bay

CHANGE OF DETAILS FORM

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 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.

MEMBERSHIP APPLICATION FORM

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

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

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

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.

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

A top performer investing in good

As one of Australia’s largest and best performing super funds, we know that you don’t need to sacrifice doing well to do good.

So we invest in affordable housing, renewable energy and critical infrastructure, while delivering low fees and an average annual return of over 8% over 5 years.^

At the same time as being committed to a more sustainable future, transitioning our investment portfolio to be net zero carbon emissions by 2050, investing in Australian and global renewables, and we have also divested from thermal coal miners. Join a fund that does well, while doing good for all.