VOLUME 117 No.3 September 2023
AND
RAILROAD THE MAGAZINE OF THE NSW BRANCH OF THE RAIL, TRAM & BUS UNION
Same Job Same Pay: Closing the Loopholes Legislation before Parliament
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RAIL & ROAD is the official journal of the NSW Branch of the Rail, Tram and Bus Union and is produced as part of the union’s communication strategy to inform and report on matters of interest to members. All editorial and advertising inquiries should be addressed to the union office on Tel: 02 92642511; email: nswho@rtbu-nsw.asn.au Printing - Brightset, Banksmeadow, (02) 9316 4800 Art & Design - P Design - proberson@hotmail.com - Phone 0402 032 949
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Branch Executive Secretary President Assistant Secretary (Road) Assistant Secretary (Rail)
Alex Claassens Craig Turner Peter Grech Robert Hayden
Elected Full-Time Officials Branch Secretary Alex Claassens Locomotive Divisional Secretary Farren Campbell Tram and Bus Divisional Secretary David Babineau Tram and Bus Divisional President Peter Grech
Organisers Director of Organising
Toby Warnes
Industrial Campaign Organiser
Courtney Thompson
Branch Organisers
Craig Turner Ricky Keehn Matt Bindley Wayne Moody Amanda Perkins
Locomotive Organisers
Steve Wright Kevin Pryor Marc Chapman Greg Cameron Brian Head
Industrial Officers Branch
Tram & Bus Locomotive Legal Officer - Locomotive Locomotive Executive Officer
Helen Bellette Jason Hart Aayam Chrestha Lizanne Bennett Sebongile Mbele Peter Matthews Bob Hayden
From the Branch Secretary The RTBU NSW is in full swing at the moment and members have probably noticed the change in government at a state level has coincided with a notable shift in how many of our issues are dealt with. Of course that doesn’t mean it’s all smooth sailing – in fact we’re facing challenges on many fronts – but there has been a noticeably less combative approach to workers and more willingness to at least acknowledge the expertise of RTBU members. A couple of areas where this has been particularly evident are the New Intercity Fleet and the major change agreement which has been secured with the NSW Government. After years of dispute with the former NSW Government, the RTBU – through the unwavering commitment of its members and staff – has finally forced real progress on a safe new Intercity Fleet. While there is still a lot more work to be done, the fact that the RTBU has finally reached agreement on a final operating model is a significant
step forward and one which shouldn’t be underestimated. When you consider the fight the former government put up against the modifications required to make the fleet safe for members and commuters, the fact that the RTBU has forced Transport for NSW to this point is incredibly significant and a sign of the strength of the union. In a similar vein, the fact that the RTBU recently secured a Major Change Agreement with the current NSW Government is also a testament to union strength. The Major Change Agreement, which was signed by the Combined Rail Unions, commits to collaboration between rail agencies, workers and unions on significant changes in the transport system. This is a sizeable shift in the dynamic and the power workers, via the RTBU, hold when it comes to making changes that will impact the running of our transport network. It also guarantees no forced redundancies, which is an important win for all workers.
In addition to these major updates, the RTBU has also been moving forward on a number of other key issues, including the New Regional Fleet and the Sydney Trains digital systems project – both of which are fundamentally important for RTBU members across the board. Our bus drivers have also had a huge win recently, finally forcing the NSW Government to provide employee passes for workers. This has been a long time coming and has come in response to the severe bus driver shortage we’re experiencing – due in large part to privatisation. Securing free Opal for bus drivers is a big step, but it’s just the first step towards getting similar benefits for workers in other areas. The RTBU is better placed than ever to fight for the rights of the workforce and for the safety and benefit of the travelling public. Thanks for your ongoing support and commitment to improving working conditions in this state. I trust you’ll enjoy this edition of Rail and Road.
In this Issue Industrial News Closing the loopholes that undermine wages and conditions. . . 4 Loco News QUBE locks out RTBU members, stalls negotiations . . . . . . . . . . 6 PN Greta depot roster dispute. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Loco division regional tour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Tram & Bus News Bus Taskforce Interim Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Opal Card win. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Northern Beaches. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Region 7 (Ryde & Willoughby) Enterprise Agreement . . . . . . . . 10 Office Move! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Light Rail News Newcastle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Transdev. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
General News Major Change Agreement for Sydney Trains and NSW Trains . 11 Union Delegates training 2023. . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Members at Metro Trains Sydney Build a union. . . . . . . . . . . . 13 Celebrating the RTBU’s 30th anniversary. . . . . . . . . . . . . . . . . . 14 ALP National Conference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 NIF to proceed to Waratah operating model. . . . . . . . . . . . . . . . 16 MP’s Visit Lithgow Signal Box. . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ITF launches global manifesto on public transport financing. . 18 A blueprint for the future of freight. . . . . . . . . . . . . . . . . . . . . . . 19 PN IPS Members fight to restore wages and conditions. . . . . . 20 Safety Matters Derailment of Passenger Train ST 23 . . . . . . . . . . . . . . . . . . . . . 21 Cyber security warning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Tracksafe suicide awareness training . . . . . . . . . . . . . . . . . . . . 23
Industrial News Closing the loopholes that undermine wages and conditions New laws have been introduced to Federal Parliament to tackle the legal loopholes that employers use to erode workers’ rights and keep workers’ pay low. The four major elements of the Closing Loopholes Bill are: • Criminalising wage theft • Introducing minimum standards for workers in the gig economy • Closing the forced permanent casual worker loophole • Closing the labour hire loophole Other elements of the Closing Loopholes Bill include: • Allowing the Fair Work Commission to set minimum standards for the road transport industry • Introducing an offence for industrial manslaughter and increasing penalties • Better support for first responders diagnosed with post-traumatic stress disorder
• Expanding the functions of the Asbestos Safety and Eradication Agency to include silica safety and silica-related diseases
through labour hire to undercut that rate of pay because they’re technically employed by a different employer.
• Stronger workplace protections for survivors of family or domestic violence
“The loophole is only relevant where there is an enterprise agreement – already in place and signed up to by the workers and the employer,” he said.
• Provide specific protections for delegates, greater legal powers to challenge unfair contract terms, and cracking down on sham contracting
“Having agreed to that rate of pay with workers and registered it – it’s currently legal for an employer to undercut the agreed rate of pay through the use of labour hire.”
• Better representation for safety and compliance issues in the workplace, including expanding the powers of the Fair Work Commission to permit right of entry to investigate suspected underpayments Minister for Employment and Workplace Relations Tony Burke said the labour hire loophole is where an employer and employees have agreed to a particular rate of pay for particular work in an enterprise agreement – but then the employer brings in different workers
Sadly, however, a vote on the new laws has been delayed until next year after cross-bench Senators teamed up with the Liberals and Nationals to extend a Senate Committee report on the bill until February. Unions including the RTBU will use the extra time to keep campaigning and building support for these important new laws.
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
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RAIL & ROAD September 2023
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Loco News QUBE locks out RTBU members, stalls negotiations
On July 19th, 2023, rail company QUBE announced that it would lock out its train crew from midnight following plans by RTBU members to take part in a small, partial work ban as part of their protected industrial action. QUBE workers had been attempting to negotiate a fair enterprise agreement for workers for over 12 months, however the company refused to negotiate fairly, including reneging on in-principal deal reached in conciliation. The RTBU is at the same time currently fighting a massive wage theft claim against QUBE in the Federal Court, claiming a chronic and systemic practice of underpayment and wage theft that has robbed employees of tens of thousands of dollars each year. Rail, Tram and Bus Union (RTBU) NSW Locomotive Division Secretary, Farren Campbell, said QUBE workers are simply demanding a fair enterprise agreement and have been taking low-level protected industrial action in an attempt to force the company to deliver that. “To take this stance against workers who are simply demanding the rail company commit to provide basic wages and conditions, which includes a commitment to stop the current practice of chronic underpayment and wage theft, is a low act from a major rail company. The RTBU then took unprecedented action against QUBE in the Fair Work Commission, describing the company’s actions during the industrial dispute as ‘putting the lives and safety of workers and the public at significant risk’. “We believe that QUBE is putting safety and potentially lives at significant risk, so we’ve been left with no choice but to take this unprecedented action,” Mr Campbell said. “It’s highly unusual for a union to be forced to take this kind of action. In fact, it may well be the first time in Australia that it’s happened, but we don’t have any other option. We can’t let this continue because lives are at real risk. “Workers are operating trains they’re not qualified to operate, safety regulations are being shirked and that’s just what we know about. QUBE’s operations interact with the busy Sydney and NSW Trains passenger network so we’re talking about the safety of workers and the travelling public.
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“We’ve seen catastrophic events in the past as a result of safety breaches like the ones we’re seeing from QUBE. The risk is real and not something anyone should be taking lightly.” Unfortunately, the RTBU’s application was not successful however the Commission had made one thing clear- that QUBE had lied about reneging on their agreement. To make matters worse, despite there not being any protected action being taken by RTBU members, the lockout was extended again- taking the total number of days workers were locked out to 13. This was the longest lockout our industry had seen since the 1980s! QUBE members were supported by a financial fund set up by the Locomotive division to help see them through the lockout. They were finally allowed to return to work on August 3rd when bargaining meetings also recommenced While the company claims it wants to end this long running dispute, it will only be if the RTBU and our members accept a ‘Global Settlement’, something that has long been rejected over its containment of ‘nonpermitted’ matters for bargaining, claims like indemnities, signing of Deeds and the withdrawal of court proceedings. QUBE had also taken this settlement off the table only a month prior during the Fair Work conference! The negotiating team is always willing to negotiate in good faith whenever QUBE is ready but are also prepared to lodge an intractable bargaining application in two months which would allow the Commission to step in and give RTBU members a replacement agreement that is fair but importantly not one that is on the basis of a ‘global settlement’. The lock-out of workers impacted on QUBE’s services – which transport large amounts of freight, including steel and grains - right across the state. Approximately 180 train drivers are employed by QUBE across NSW who are based in various locations including Newcastle, Sydney. Wollongong, Bathurst, Port Kembla, Junee, Dubbo.
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PN Greta depot roster dispute Pacific National show further contempt towards their employees After around 90 employees lodged dispute notices regarding Pacific National’s actions in relation to no consultation and trying to implement a non-Enterprise Agreement compliant roster that contained worse conditions than the current roster, Pacific National started sending out generic replies to each dispute. The replies were contemptuous and totally dismissed the concerns raised by members and in fact stated they believed the rosters were EA Compliant. This action again demonstrates PN has no care whatsoever around how its employees are rostered, they seem to think employees are their property and they will work as and when they want regardless. Employees and their families’ home lives do not rate in their considerations.
Unfortunately, but not unexpected, again we will have to drag Pacific National through the dispute settlement process of the agreement to get resolution. The RTBU Locomotive Division has written to Slade Billot to escalate the dispute to his level. Considering PN rarely agrees to try and resolve a matter at a lower level, we are expecting another refusal which will then trigger the next step of the DSP which is a Meeting with Brendan Sellens. Failing resolution at these points the dispute can then be progressed to the Fair Work Commission. While the dispute is in progress the Status Quo provision is enacted and no new roster can be implemented.
Loco division regional tour Recently, Assistant Secretary Freight Mark Supple, and Northern District Divisional Councillor Jarrod Tickle, hit the road on a long overdue tour of NSW. Mark and Jarrod piled into the car, heading out to visit Quirindi, Werris Creek, Dubbo, Narrabri, Gunnedah, Tamworth and finally finishing up in Willow Tree. We’d like to thank the members who turned out to see Mark and Jarrod. It was fantastic to see members from different areas and different employers share a yarn and a drink. The Division intends to make a habit of getting out into the regional areas as much as possible so members are encouraged to contact the office so we can get to planning the next tour.
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Tram and Bus News Bus Taskforce Interim Report
The Bus Taskforce - set up by the NSW Government to review the way our bus services are - or more appropriately, aren’t - working in this state, recently handed down its report findings. The findings from the Bus Taskforce Report came as no surprise to both long-suffering commuters and bus drivers who have long advocated for better pay and improved working conditions. After the previous government tried to sell the idea that its bungled privatisation plan would lead to better services, we’re now in a situation where we have a huge bus driver shortage, poorer performing services, and a two-tiered payment system that treats drivers unfairly depending on where they work. The privatisation of the bus industry during the previous Liberal government’s tenure is undeniably at the core of the issues we are facing in the industry now.
And while it is positive to see the NSW Government in-principle agreement with the report’s main points, we can’t just stop at agreements. We need real action to fix these ongoing issues caused by the cost-cutting from privatisation. The bottom line: public transport is a vital service, and it should never have been handed off to private companies. The Minns Labor government has started taking steps towards fixing the mess, but there’s still a very long way to go.
TRAM & BUS EXPRESS Get on the TRAM & BUS EXPRESS
Tram and Bus Express is constantly updated with new information from around the depots – including workplace disputes, industry updates and news about RTBU Members.
Members who subscribe to the web site get a fortnightly email with links to all the latest scoops. Printed newsletters will also be distributed around depots.
tramandbusexpress.com.au Page 8
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Opal Card WIN At the beginning of last month, we received fantastic news - the NSW Government announced they will be providing Bus Drivers with free public transport, aiming to boost workforce participation. This decision aligns with one of the key recommendations made by the Bus Industry Taskforce. For over four and a half years, our members have tirelessly advocated behind the scenes for this benefit. Our persistence made this issue a central focus during elections, and it paid off. Transport Minister Jo Haylen not only kept the Labor election promise but went above and beyond
by providing free passes for all Bus Drivers across the state. This milestone aligns with a crucial recommendation from the Bus Industry Taskforce, where RTBU Tram & Bus divisional Secretary plays a part. It’s a step forward in incentivising workforce participation and retaining skilled professionals in our industry. The announcement underscores the importance of consulting those directly impacted by policies. Through active participation in the Bus Industry Taskforce, we’ve proven that our voices matter, leading to tangible outcomes.
This initiative is the catalyst we need for broader reforms to reshape the landscape of our industry. The Union is ready to fight for more steps toward revitalising our industry. Next on the agenda: passes for our members in the Light Rail!
Northern Beaches We’re still dealing with the fallout from the Keolis Downer audit results and debt collection. Since evidence provided by members has shown consistent and significant errors in the audit results, the RTBU has been pushing for more accountability from the company and better availability for supporting documents to be provided to members so they can verify debt claims themselves.
The reason the RTBU wants journals available is because we have seen instances where information has not been correctly input from the journal into HASTUS. HASTUS is then relied on when calculating what someone has earned, but it’s no good if it’s not right.
While the company has afforded a 30 minute paid session (base rate) to employees who ask for it, they are not happy to provide journals for the entire period many debts cover.
Divisional President Peter Grech is visiting depots looking to discuss issues members are having so we can provide specific information to the Fair Work Commission.
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Journals are the ultimate source of truth for the work you have done and should be paid for.
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Region 7 (Ryde & Willoughby) Enterprise Agreement and other news Firstly, thanks to the tireless work of the Ryde RTBU committee, particularly Ian O’Connor, Busway has agreed to pay the Uniform Allowance to ‘…qualifying employees, in the pay period ending 24/12/23.’ If anyone gets chipped about old clothes you have no excuse, and if you see Ian around at Ryde tell him “thanks!” Secondly, again at Ryde there is a Workplace Consultative Committee being set up. Employees can only nominate themselves and must have their nomination seconded. The work of the committee will be to bring operational issues to the attention of management in a controlled way and to solve as many issues as possible locally. This is serious work and we ask that anyone who nominates understands that they will be dealing with issues that affect the entire workforce.
Finally, we have been making progress on a single EA for all drivers. TfNSW has asked the company and the union to sit down and get to the bottom of what each entitlement would cost. When we nail that down we will come to members and discuss where we have landed and seek direction from the workers. After that we will take the list to TfNSW and they will take it to the Minister for approval to spend that money. As usual, it comes down to who has to pay for what.
Office Move! As members would be aware, the Redfern building was sold by the RTBU which means that the Tram & Bus division is leaving its home of 30 years. We ask for your patience as we deal with the complex task of sorting through over 100 years of history from our predecessor unions as well as 30 years of the RTBU. The division will be moving to the Branch office at Pitt St. so the entire Union is under one roof.
Light Rail News Newcastle After the Controller EA (Greenfield) was essentially rolled over with minimal RTBU involvement, drivers have taken a different approach and it’s definitely looking to deliver a better outcome to have the Union fighting for you! The last proposal by the Keolis Downer was voted down by drivers and the RTBU has been pushing for more concessions from the company. We’re not sure how much they have to give but members are motivated and keen to have concrete improvements locked in place.
Transdev
The RTBU has just begun the process of merging two existing Enterprise Agreements and including coverage for the new Parramatta Light Rail into a single EA. This will be a complex exercise but the workforce is looking forward to plugging up some of the long term gaps in both Agreements. We’ve had a couple meetings as a group with all workplace reps and individually to allow each group of employees concerns to be clearly heard by Transdev.
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The company has said from the beginning that they will have a gap in pay structure between the three lines to reflect the various complexities, if we can’t get rid of it then our job is to make that gap as small as possible. Members can expect more of a presence from officials once the office move is done, and we can confirm we are looking for an organiser with a rail background to properly service our Light Rail membership going forward.
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General News Major Change Agreement for Sydney Trains and NSW Trains
Union members know better than anyone else that consultation is the best way to ensure good outcomes.
That’s why the Combined Rail Unions recently pushed the current NSW Government to commit to ensuring the experts in the room – the workers – are always consulted on the major matters of importance to us. After many years of dealing with governments that refused to engage with workers and watching the disastrous outcomes of that, the Combined Rail Unions were heartened recently when the NSW Transport Minister, Jo Haylen, stated that the NSW Government doesn’t just acknowledge the important role the workforce play in our transport system but that she was willing to sign an agreement committing to engaging with unions on any major changes at Sydney and NSW Trains. This commitment is part of the ‘Sydney Trains and NSW Trains Major Change Agreement’, ensuring collaboration between rail agencies, workers, and unions for successful changes.
The agreement guarantees no forced redundancies due to changes and prioritises direct employment over contractors. This shift recognises the crucial role of unions in making positive transportation decisions. It’s clear that after watching the shocking way the previous government handled transport – and now dealing with the fall out of many of the poor decisions made – the current government has recognised the importance unions like the RTBU play. By getting the NSW Government
RAIL & ROAD September 2023
to sign an agreement committing to engage constructively with unions, we’re setting the groundwork for a positive shift in the way transport is handled in this state. Obviously no one is naive enough to think that an agreement of this nature will solve every problem or that there won’t be disputes with the government in the future, but it is certainly a sign that workers have shown, through our unity and commitment to getting the best possible outcomes for both workers and commuters, that we shouldn’t be ignored.
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Union Delegates training 2023 Delegates play an important role in the union, by working together to strengthen each member together to advance and protect the interests of the union and the wages, conditions and welfare of its workforce.
Organiser Amanda Perkins delivers Role of the delegate session On-going training is vital to ensuring Delegates have the skills and knowledge to be an effective representative for their fellow members, to be able to assist across a range of issues including advocacy and accountability. Union Delegates training has been in full swing throughout 2023 with a number of two-day courses being held throughout the year. The training focuses on basic skills that Delegates need in the workplace, including supporting members, recruiting new members, problem solving, mapping the workplace and the role of the Delegate.
Loco has developed training too and is well underway in delivering that training. Feedback from the training includes: ‘Excellent interactive course with a lot of participation by participants.’ ‘I enjoyed the course and benefited from participating.’ ‘Good course, valuable skills to take home with.’
So if you’re looking to improve your skills as a Delegate and expand your knowledge, contact your organiser and arrange to attend one of the future training courses.
www.locoexpress.com.au Page 12
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Members at Metro Trains Sydney Build a union and win a union Enterprise Agreement In just over a year Frontline and Engineering Control Staff have built a union at MTS basically from scratch. When our first delegate Campbell Arundel started to talk to staff about the upcoming EA negotiations the RTBU had less than 20 members! Campbell said “the need for representation was there and it was obvious we weren’t going to get improvements from the company just by asking.” Campbell is now joined by 5 other RTBU Delegates and more than 120 members. Members campaigned for and successfully won:
Jake Tagg , Ben Roberts , Matt Heming at the Fair Work Commission after the RTBU applied for a Protection Action Ballot.
• A 3 year Agreement with 4 percent (backdated for 12 months), 4 percent and 3 percent • Two days additional Sick Leave • 20 Paid Domestic Violence Leave • Improved Parental Leave • Workplace Trainer Allowance • Rostering Principles and Committees • A Redundancy Agreement And importantly Union Rights and Delegate Training Leave. A huge welcome to one of our newest RTBU workplaces.
Delegates Matt Heming , Karen Rigg and Rebeka Watene at the RTBU office for EA drafting
Jake Tagg also after graduation- Jake has designed a colour coded recruitment map to help him and fellow delegates keep track of membership.
Original Delegate Campbell Arundel
Jake Tagg , Ben Roberts, Matt Heming
Karen Rigg after graduating from RTBU Delegate Training
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Celebrating the RTBU’s 30th anniversary
Work is progressing on a short book and a video to commemorate the 30th anniversary of the modern RTBU.
RTBU officials from across Australia National Secretary Mark Diamond said the book and video would be launched at the upcoming National Council meeting in Brisbane from 21-23 November. “It’s important that we mark our 30th anniversary as it’s an important milestone for our national, all-grades union,” Mark said. “But it’s also an opportunity for us to reflect on how far we’ve come, and think about the challenges ahead.” Mark said the book would outline the history of four unions that merged in 1993, the process leading up to amalgamation, and the turbulent years that followed. “Over the past 30 years we have had to deal with a wave of privatisations, new technologies, the Howard Government’s work choices laws, the global financial crisis and the Trade Union Royal Commission.
“We’re now looking to the future, and finding new ways to help improve the lives of workers in the rail, tram and bus industries – such as our partnership with registered training organisation Training Ahead Australia.” “This partnership will ensure more members have access to union-standard workplace training. “Partnering with a Registered Training Organisation was unimaginable for our predecessor unions, but we now have the scale and capability to take on major projects for our members. “We’re dreaming big, and the next chapter in the history of the RTBU is going to be very exciting.” Mark said the book would be published online and available for members to download after the National Council meeting.
“The solidarity and resilience of the amalgamated union has enabled it to withstand these difficult times, and emerge as a stronger organisation.
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ALP National Conference
A number of RTBU representatives from across the country, including RTBU NSW reps, attended the ALP National Conference in Brisbane recently in an attempt to ensure issues impacted our members were heard loud and clear. The National Conference debated some big national political issues facing the country such as housing, national security and defence, climate change and industrial relations. One of the main roles of the ALP National Conference is to finalise the party’s National Platform. The National Platform is an important document that sets the policy goals of the federal Labor Party. The National Platform is even more important when Labor is in power, as it effectively sets the policy direction for the Federal Government. The RTBU, in conjunction with other unions, was successful in securing a number of critical commitments in the ALP’s updated National Platform including on issues such as strong rail safety regulations, securing the future of rail freight, growing domestic rail manufacturing, growing public transport, criminalising wage theft, and access to arbitration to resolve industrial disputes. What now? The RTBU, along with other unions, will continue to pressure the Federal Government to make sure the commitments in the ALP National Platform are delivered in full. For example, in recent months we have successfully secured a review of national rail safety laws, and argued against the rail safety regulator’s attempt to impose mandatory in-cab surveillance on rail workers. We will continue working to get a fair go for rail, tram and bus workers from all sides of politics.
Public Transport Labor will work with state and local governments to encourage increased use of all public transport and active transport modes. Wage Theft
RTBU-RELATED PLATFORM COMMITMENTS Rail Safety Labor recognises that strong, prescriptive safety regulations are the foundation stone of a safe and reliable transport sector, and is committed to harmonisation of safety regulations to ensure best-practice standards and practices are applied consistently across all jurisdictions. Rail Freight Labor will work to ensure the resilience of our supply chain and freight networks, including considering the importance of rail in the movement of freight across Australia. Rail Manufacturing Labor will work with state governments to address rail infrastructure needs and will ensure more trains are built in Australia to create skilled manufacturing jobs.
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Labor will increase penalties for employers and related entities that systematically underpay and exploit workers. Labor will legislate to make intentional wage theft a criminal offence. Good Faith Bargaining Labor will promote and ensure good faith bargaining in workplaces, including by developing guidelines on good faith conduct in negotiations to allow access to and assistance from the independent umpire to resolve disputes including giving parties access to arbitration. Union Delegates Labor will ensure union representatives, including delegates, are able to organise and effectively represent workers, including through paid training leave. The updated ALP National Platform will be available online at https://www.alp.org.au/about/nationalplatform/
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NIF to proceed to Waratah operating model
The RTBU has reached an agreement with Transport for NSW on a final operating model for the New InterCity Fleet (NIF) of electric Mariyung trains. It is a significant step forward into the fleet entering passenger service in the most efficient way, with the modifications required that would see it run similarly to the Waratah service. Improvements on the NIF service include more spacious seating, arm rests, tray tables, charging ports, dedicated storage space and modern heating and cooling. It will also open up more travel opportunities for people with a disability as the carriages will have dedicated spaces for wheelchairs and accessible toilets. The NIF will set a new standard for commuters travelling to Newcastle and the Central Coast, Blue Mountains and South Coast. Sydney and NSW Trains members fought incredibly hard to get changes made to the NIF to ensure the safety of commuters and workers is protected.
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Meanwhile, a new process will begin to transfer the operation of the NIF and the majority of the intercity passenger services, crew, and stations from NSW TrainLink to Sydney Trains. The transition will help to improve resourcing, crew availability and training to ensure new trains are put into service as soon as possible.
RAIL & ROAD September 2023
MP’s Visit Lithgow Signal Box – and get a history lesson to boot Our Members of Parliament are charged with ultimately making decisions that impact our working lives and the way our transport system operates, so helping our MPs get a real understanding of how our systems operate and the importance of our roles can only help ensure that when they need to make a decision, they make a good one.
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
With that in mind, Area Controller Russell Curtis, recently gave two NSW Government MPs – Jo Haylen, the Minister for Transport and Road Minister Trish Doyle - a real insight into what a day in the life of a signaller looks like. Under the watchful eye of Russell, the two MPs got hands on experience of being on the tools, pulling signals at the Lithgow Yard Signal Box.
Russell didn’t just show the MPs what the complexities of the job looks like in reality, but he and fellow RTBU member Nigel Ward also gave them a history lesson in signalling. The MPs didn’t just walk away with a better insight into the complexities and critical importance of the role of signallers in keep our transport system safe and moving, but also got a handy bit of information they might be
RAIL & ROAD September 2023
able to use next time they’re playing trivia with their fellow MPs – that the Lithgow Signal Box, is the oldest operating signal box in the Southern Hemisphere! A big thank you to Russell and Nigel for taking the time to make sure the people making decisions in this state now have a better understanding of the important work our signallers do.
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ITF launches global manifesto on public transport financing As part of ongoing work examining the state of public transport systems around the world, the ITF has launched a new collective vision on the financing of this crucial public service. The Manifesto on Sustainable Public Transport Investment, Funding and Fares is the product of a year’s work by a taskforce of ITF affiliates and allied organisations, bringing together expertise from around the world. Taskforce members and case studies were drawn from Australia, Britain, Bulgaria, Germany, New Zealand, the Philippines and South Korea. While public transport workers worldwide kept society moving throughout the pandemic, the collapse in ridership and fare revenue has led many public transport systems into serious financial difficulties. “This situation poses a threat to both the economic recovery from the pandemic and the wider social and environmental benefits provided by public transport, such as mobility for low-income groups and reduced greenhouse gas emissions,” said John Mark Mwanika, ITF Urban Transport Chair and Programmes Officer at the Amalgamated Transport and General Workers’ Union (ATGWU, Uganda). In response, the manifesto combines perspectives from across the globe into a set of universal principles for public transport financing. Building on the existing ITF People’s Public Transport Policy and research conducted on government responses during the pandemic, it lays out a vision which unions and allied organisations can use to drive policy change in their local contexts.
The manifesto is built on the following four principles: 1. Sustainable investment in public transport system expansion and improvement is an investment in our collective future. 2. Sustainable funding models fit to the specific circumstances of different public transport systems are urgently needed. 3. With sustainable funding and investment, fare structures must support marginalised passengers and facilitate a rapid increase in public transport ridership. 4. Sustainable investment, funding and fares policies must support publicly owned and democratically controlled integrated systems that meet universal goals. The ITF Urban Transport team will now be engaging with unions to design targeted educational materials for workers on the content of the manifesto, as well as developing in- depth case studies on progressive policy developments in different parts of the world. It is expected that public transport financing will emerge as a key topic at ITF’s 46th Congress in Marrakesh next year.
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RAIL & ROAD September 2023
A blueprint for the future of freight
It’s a vital document that has an impact on the lives of every single Australian, every single day – but few could know it even exists.
It’s the National Freight and Supply Chain Strategy, and it’s currently in the process of being updated. National Secretary Mark Diamond said the RTBU was instrumental in getting the review of the strategy brought forward to this year. “The COVID-19 pandemic and various natural disasters, including fires and floods, have exposed serious vulnerabilities in our national supply chains. “We’ve seen supply chains seriously disrupted, leaving communities,and even entire states, stranded and without access to basics like food and medicine for extended periods. “It is now clear that Australia cannot leave the security of its national supply chains in the hands of market forces alone – because if you leave all your eggs in the cheapest basket, eventually they’re going to get broken. “There is a clear need for governments to take more control and to ensure that our supply chains are resilient and flexible enough to handle major shocks. “We need to have a national freight system where road, rail, sea and air transport operators complement each other, and are able to back each other up when disruptions occur.
“Transport workers, however, have an important perspective that needs to be heard, and needs to be respected. “That’s why one of the things we have stressed is that workers must be consulted at every step of the way when decisions about the future of freight networks are being made.” Mark said the new Freight and Supply Chain Strategy also needed to address the need to decarbonise transport networks, and the uneven playing field between different modes of freight transport. “Rail freight operators have to pay access fees to track owners - something that the road freight sector doesn’t have to worry about. At the same time, investment in high-quality rail infrastructure has been pitiful compared to the billions sunk into the national highway system. “This imbalance has the unintended consequence of adding more trucks to busy roads and increasing transport-related carbon emissions. “The National Freight and Supply Chain must recognise the huge benefits of a safe, sustainable and wellmaintained national rail freight network.”
“We need to identify the parts of our rail network that are most vulnerable to being affected by extreme weather,and make sure that infrastructure is built to a standard that can withstand those events.” Mark said the RTBU had made a submission to the review and participated in a number of workshops to ensure that transport workers were heard in the review process. “Under the previous Federal Government, workers and their unions were frozen out of decisions about the future of our Australia’s freight networks. Instead, the Government was only listening to the advice of big business and multinational consulting firms.
RAIL & ROAD September 2023
Page 19
PN IPS Members fight to restore wages and conditions
Salaried RTBU Members at Pacific National Service Delivery are in the fight of their life to restore Industry standard Wages and Conditions to their Workplace. From 2015 onwards Pacific National went through various restructures within Planning and Service Delivery which resulted in staff being separated from their various Enterprise Agreements and put on individual contracts. During these years staff saw their wages fall steadily against Industry Standards and their competitors. Last year people had finally had enough and voted overwhelmingly through a majority support determination to bargain collectively.
Page 20
Despite Pacific National fighting tooth and nail the RTBU has been negotiating a Collective Union Agreement for the last 14 months. Staff have done a magnificent job organising themselves, membership has soared from under 20 to over 100 and we have eight amazing RTBU Delegates (pictured) Recently RTBU members endorsed a campaign of Protected Industrial Action culminating in a 72 hour stoppage – staring down threats and typical PN Bully Boy tactics. They have the entire RTBU behind them.
RAIL & ROAD September 2023
Safety Matters Derailment of Passenger Train ST 23 The Australian Transport Safety Bureau’s (ATSB) final report into the Wallan derailment in 2020 has been handed down highlighting the need to improve the Australian Rail Safety Regime. It also called out issues relating to safety critical communication and the perils of inconsistent safe working across state borders. As we know two members of our railway family died that day and 8 Passengers were seriously injured with 5 passenger services crew and 53 passengers categorised as having minor injuries. We can only hope that this tragic incident spurs genuine change to rail safety processes so that something like this never happens again. State, Territory and Federal Transport Ministers met in June, where they agreed to an RTBU request for a review of national rail safety laws and the rail safety regulator. The rail safety review must address several key issues including: • The lack of transparency of Office of National Rail Safety Regulator (ONRSR) decisions and investigative processes, which are inhibited by the current legislation;
RAIL & ROAD September 2023
• Confusion about the overlapping responsibility between the Rail Safety National Law and Occupational Health and Safety (OHS) laws; • Whether the co-regulatory model for rail safety is working appropriately; and • ONRSRS’s independence from industry. Rail, Tram and Bus Union (RTBU) Assistant National Secretary Shayne Kummerfeld said “when rail workers have concerns about safety, they need to know that the regulator is taking these concerns seriously and that action is being taken.
“We have been talking about these issues for far too long.”
Page 21
Cyber security warning: beware of Google searches for Enterprise Agreements Cyber security is becoming increasingly important for all of us, as computer hacking has become serious business for organised crime. The RTBU has been alerted to a new threat to workers in the transport industry that involves links to fake documents such as Enterprise Agreements.
If you are looking for information about your Enterprise Agreement, then you can access genuine documents from the Fair Work Australia website.
These links contain viruses that can download malicious software onto your computer or device.
Never click on a link that looks suspicious, and stay cyber safe!
Innocent users can come across these fake documents when looking for them via a search engine such as Google.
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RAIL & ROAD September 2023
Tracksafe suicide awareness training Every life lost on the rail network is a tragedy. The impacts on family, friends, communities, rail & recovery staff & witnesses can be profound. On average there are 74 suicides or suspected suicides on the Australian heavy rail network each year. In addition, there are 67 attempted suicides by the heavy rail network & a small number on the light rail network reported by the rail regulator. As well there are many self-harm incidents & threats of selfharm. In New Zealand there is an average of 6 suicides per year on the heavy rail network.
As part of TrackSAFE’s suicide prevention activities, this training aims to contribute to a decrease in the number of deaths by suicide on the rail network and reduction in the trauma to family, friends, rail workers, first responders and witnesses.
available for rail workers post incident. The training is free, accessible via smart phone and takes only 30 minutes to complete. Register at tracksafefoundation.com.au using your work email to receive immediate access.
TrackSAFE has launched its new suicide awareness training, which has been designed specifically for rail workers in Australia & New Zealand.
Intervention by a third party such as a rail worker is an important part of preventing suicides in a public place including the rail environment. TrackSAFE’s new training aims to help build skills & confidence to engage with someone who may be in distress. It also provides information on support services
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RAIL & ROAD September 2023
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CHANGE OF DETAILS FORM CHANGE OF PERSONAL DETAILS Surname
Given Name(s)
Gender Male Female
Street Address
Suburb
Post Code
Home Telephone Number
Work Telephone Number
Date Of Birth
Mobile Number
Email (work) Email (home)
Employer
Employee Number
Occupation: Eg Train Driver
RTBU Member Number
Work Location/ Depot
Date Commenced
Employment Status Fulltime
CHANGE IN BANKING DETAILS IMPORTANT Members need to specify the date of their next pay so that when the membership fee debit occurs on a Friday there is sufficient money in the account to ensure the transaction is not dishonoured which results in you then being charged an additional fee by your bank.
Part time
Casual
Next Pay Week
DETAILS OF BANK ACCOUNT TO BE DEBITED Name of Financial Institution (Bank)
Branch where account is held
Account in the name(s) of Bank/State Branch Number: (BSB Six Digits)
Account Number (Maximum of 9 digits)
DETAILS OF CREDIT CARD TO BE DEBITED Credit Card Type: Eg Visa, MasterCard, AMX
Credit Card Number
Credit card in the name of
Expiry Date
I/We authorise and request the Australian Rail Tram and Bus Industry Union, until further notice in writing to arrange for my/our account described in this direct debit authority, to be debited with any amounts which the debit user may properly debit or charge me/us through the direct debit system. I/We authorise and request this direct debit authority to remain in force until cancelled, deferred or otherwise altered in accordance with this service agreement. SIGNATURE
SUBMIT
DATE Please Email your completed form to nswho@rtbu-nsw.asn.au by using the submit button Post: Level 4, 321 Pitt Street, Sydney NSW 2000 or call • Tel: 02 9264 2511
MEMBERSHIP APPLICATION FORM Surname
Given Name(s)
Gender Male Female
Street Address
Suburb
Post Code
Home Telephone Number
Work Telephone Number
Date Of Birth
Email (work)
Mobile Number
Email (home) Employer
Employee Number
Date Commenced
Occupation: Eg Train Driver
Work Location/Depot
Employment Status Fulltime
Part time
Casual
the undersigned, hereby apply to become a member of the I, Australian Rail, Tram and Bus Industry Union, an Organisation of employees registered under the Fair Work (Registered Organisations) Act 2009 as amended, and hereby undertake to comply with the Rules and By-Laws for the time being of the Union. Signature of Applicant
Dated
I, the undersigned, hereby apply to become a member of the Rail, Tram and Bus Union of New South Wales, an Organisation registered under the Industrial Relations Act 1996 (NSW) as amended, and hereby undertake to comply with the Rules and By-Laws for the time being of the Union. Signature of Applicant
Dated
via DIRECT DEBIT fortnightly OR 1. I agree to pay $ CREDIT CARD fortnightly. or any other amounts as may be determined from time to time in accordance with the Rules of the Union. I certify that I have received a copy of Rule 14, Notification of Resignation From Membership. 2. I/We authorise and request the Australian Rail, Tram and Bus Industry Union, until further notice in writing to arrange for my/ our account described in this direct debit authority, to be debited with any amounts which the debit user may properly debit or charge me/us through the direct debit system. 3. I/We authorise my employer to notify the Australian Rail, Tram and Bus Industry Union of any change of address during my employment. 4. I/We authorise and request this direct debit authority to remain in force until cancelled, deferred or otherwise altered in accordance with this service agreement. Signature of Applicant
Dated
DETAILS OF THE ACCOUNT TO BE DEBITED
Account Name OR Name on Credit Card Financial Institution Branch
Date of next pay
IMPORTANT Members need to specify the date of their next pay so that when the membership fee debit occurs on a Friday there is sufficient money in the account to ensure the transaction is not dishonoured which results in you then being charged an additional fee by your bank.
Bank / State Branch No. (BSB)
Card Type
Account No. / If Credit Union Membership No.
MasterCard
Visa
Expiry Date
/
Credit Card Number
SUBMIT
Please Email your completed form to nswho@rtbu-nsw.asn.au by using the submit button Post: Level 4, 321 Pitt Street, Sydney NSW 2000 or call • Tel: 02 9264 2511
IMPORTANT PLEASE KEEP THE FOLLOWING FOR YOUR REFERENCE
4. A notice delivered to the Branch Secretary shall be deemed to have been received by when it was delivered.
RESIGNATION FROM MEMBERSHIP
5. A notice of resignation that has been received by the Union is not invalid because it was not addressed and delivered the Branch Secretary.
OF THE RTBU 1. A member may resign from membership of the Union by written notice addressed and delivered to the Secretary of his/her Branch. 2. A notice of resignation from membership of the Union takes effect:– (a) where the member ceases to be eligible to become or remain a member of the Union (i) on the day on which the notice is received by the Union or (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member, whichever is later; or (b) In any other case:– (i) at the end of two weeks; or (ii) on the day specified in the notice: whichever is later. 3. Any subscriptions, fees, fines and levies owing but not paid by a former member of the Union in relation to a period before the member’s resignation took effect, may be sued for and recovered in the name of the Union in a Court of competent jurisdiction, as a debt due to the Union.
6. Resignation from membership of the Union is valid even if it is not affected in accordance with this Rule, if the member is informed in writing by or on behalf of the Union that the resignation has been accepted.
What happens if I get pregnant, sick for an extended period or take leave without pay? If you are on unpaid maternity leave, sick or are off work for a substantial period of time you can seek to have your membership fees suspended until you return to work by giving written notice addressed and delivered to the Secretary of his/her Branch under Clause 11 (8): (8) Notwithstanding the foregoing provisions of this Rule, should any member during any financial year be without pay owing to ill health or to other causes which a Branch Executive regards as warranting special consideration, then the Branch Executive may grant the member exemption from payment of all or any contributions imposed in accordance with the Rules for all or part of the period during which he/ she is without pay. During the period of the exemption, the member shall be deemed to be financial.
The Rail, Tram 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
Level 4, 321 Pitt Street Sydney NSW 2000 Tel (02) 9264 2511 Email: nswho@rtbu-nsw.asn.au Website: www.rtbuexpress.com.au
