In this Issue

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.

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

• Stronger workplace protections for survivors of family or domestic violence

• Provide specific protections for delegates, greater legal powers to challenge unfair contract terms, and cracking down on sham contracting

• 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 through labour hire to undercut that rate of pay because they’re technically employed by a different employer.

“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.

“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.”

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.