2023 Rail and Road - June Edition

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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.

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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.

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From the Branch Secretary

Since the last issue of Rail and Road, we have seen the election of a NSW Labor Government. Leading up to the election, the RTBU and AMWU campaigned to gain support for building our public transport using local manufacturing. The NSW election also saw former Branch Organiser Maryanne Stuart elected as Member for Heathcote, and former RTBU National Secretary, Bob Nanva elected to the NSW Legislative Council.

This month, we saw the release of the interim Walsh Review recommendations by the State Government. After years of facing challenges, setbacks, and a lack of proper consultation, these recommendations have the potential to reshape our troubled rail network and pave the way for significant improvements.

The Minns Labor team went to the election with clear undertakings to remove the public sector wages cap, stop the privatisation of public assets and to treat essential workers with respect.

So, while we welcome the change of Government and congratulate the Minns Labor Government on its victory, we need to be reasonable and realistic in our expectations. This will not be Christmas come early, as the

new Labor Government will inherit massive public debt and have to navigate some of the policies put in place by the outgoing Government. However, we can expect a shift in the industrial relations attitude and approach of the new Government, and we will need to hold them accountable to ensure that members and their families get fair and reasonable treatment from the new Government. The challenge now is to ensure that the new Labor Government listens to the key recommendations and properly consults with the experts, including us, to ensure they’re implemented properly. A world class transport network is long overdue in NSW, and together, we can make it happen.

In the Bus and Tram lanes, the new Transport Minister for NSW, Jo Haylen, announced the Bus Taskforce, that will closely analyse and evaluate the consequences of bus privatisation across NSW. The NSW Tram and Bus Divisional Secretary, David Babineau along with the Assistant State Secretary of the TWU are both on this taskforce and we look forward to ensuring members voices are heard by the taskforce.

The announcement of this taskforce comes after the revelations about the previous Coalition Government

In this Issue

signing off on long-term deals with private bus companies. That’s despite the fact that bus privatisation has unquestionably been a failure in this state.

NSW Branch Secretary Alex Claassens and Tram and Bus Secretary David Babineau were fortunate to represent the RTBU at the International Transport Federation conference in South Africa earlier in the year. This was an invaluable opportunity to share ideas and strategies with other Transport Unions from around the world.

This issue of the journal also provides summaries of the audited Financial Statements of the NSW Branch and the State Union. Full details of these Financial Statements including notes forming part of the reports can be found on the rtbuexpress.com.au website.

This journal also reports on a recent decision by the Federal Court on the requirements on employers when they request that employees work on public holidays.

While challenges lie ahead, we now have an opportunity to rebuild and transform our industry. At the moment, we are seeing some very real outcomes of the collective efforts of our union.

PAY INCREASE RESOLVED IN ONE RAIL EA NEGOTIATIONS

After two days of productive meetings, an in-principle agreement was reached on several outstanding matters however the pay increases remain not agreed. The EA negotiating team initially had put forward a claim of 28% over four years based on the current economic times and to recognise the dedication and commitment shown by members during the pandemic. We made clear we would only review our position after we had resolved all outstanding claims including roster issues.

One Rail made an initial offer of 12% over the four-year term of the agreement. The negotiation team made a counter offer following which One Rail made a revised offer.

ONE RAIL’s final offer is as follows;

• 4 Year Agreement

• $400 Payment indexed for working outside lift-up layback parameters.

• Payout of all current DILS upon certification.

Delegates argued that they did not believe this offer would be acceptable to members considering that one percent of each year’s increases is to cover income protection insurance costs as was negotiated in the last EA.

In an attempt to reach agreement, the delegates put forward a further counter proposal that included dropping the sunset claim, with the belief that members need increases sooner rather than later.

Wickham trams EA

There are two Agreements operating in Wickham trams, one for the drivers and one for the Network Controllers. The latter is the ‘Multi-modal’ Agreement and we need to keep an eye on how the company plans to use this in the future.

The company went straight to the Controllers who agreed to an offer the Union believes is inferior to what they should have received. Ultimately if those workers want

The Negotiation Teams proposal is as follows;

• The annual increases include the income protection offset (as per current process)

• The $400 Standalone payment (indexed to agreement) for working outside Lift up Lay Back parameters should members choose to do so.

• Current accumulation of DIL days to be paid out the day before implementation of the new roster.

• The new roster be introduced no later than three months after certification of the agreement.

• The choice for employees to salary sacrifice the DIL payment. One Rail management advised they did not have authority to agree to our revised proposal as it is above what has been approved by the Board. They advised they will discuss our proposal and formally write to the Locomotive Division within two days.

Management consistently stated over the two days of negotiation that we are not that far apart, the team is hopeful the ORA Executive will see the benefits of the overall negotiation proposal and come back with a favourable response, or counter offer which satisfies members expectations.

Stop Press:

Recent developments in EA negotiations in late June has seen agreement in-principle reached on a new agreement that will see a 7% pay increase upon certification followed by a 5% increase on the 2024 anniversary, 3% in 2025, 3% in 2026 and a 2% sunset increase in 2027. (That is, a guaranteed 20% increase across four years). Details of all changes in the EA can be found on locoexpress.com.au

to vote up an Agreement then they will, but they have effectively lost their only chance to better their conditions for the next 4 years.

Drivers on the other hand are being represented by the RTBU and have already secured some concessions and we’re looking for more. Negotiations are being handled by Industrial Officer Lizanne Bennett and Divisional President Peter Grech.

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QUBE Members Enterprise Agreement Update

Bargaining representatives met with QUBE management to continue bargaining for your Enterprise Agreement. A proposal was put to QUBE Management, which they AGAIN outright rejected.

The proposal was.

• 18-month agreement – from 1 April 2023.

• 7% from 1 April 2023 with back pay.

• 7% from 1 April 2024.

• 1.8 for all Overtime.

• Superannuation – Ex IRA entitlement to remain as is, all other employees to receive an additional 1% on top of the legislated guarantee.

On top of this, the EA Delegate Team provided QUBE with draft clauses to address the following issues:

• Cancelled Shifts – A Cancelled Shift that is no longer required to be performed by anyone.

• Available Days – There are less than 38 hours of rostered work, then there will be no Available Days

• Minimum Shift Length – changes to clarify that Overtime is also for a minimum shift of 6 hours.

We worked through these clauses in detail and while there has been some movement, outstanding issues remain. We are hopeful that these clauses will be finalised at the next meeting. We then proceeded to work through the Posting of the Working Roster provision.

QUBE stated that they are quite happy to have the Working Roster out by 1600hrs on Thursday but have now introduced an extensive list of reasons why it could be delayed. These reasons include –

• Emergency impacting the Network.

- Derailment

- Flood

- Washaway

- Fire

- Category A Mainline Incident

- Unplanned/emergency possessions.

- Force Majeure event declared by the RIM

• Customer impacting the schedule

- Short notice change of load site, for reasons outside of customers’ control

- Port Vessel delayed arrival

- Bulk Grain Port block out

• Public Holiday impacting roster preparation

- A mid-week Public Holiday delaying Working Roster preparation.

These exceptions are far too expansive and do not resolve the matter. The Working Roster is a major issue for members, and we have proven to QUBE that Rostering Personnel are abusing the current clause. Out of 115 consecutive roster postings, not once was the Working Roster sent out on a Thursday, unless Friday was a Public Holiday. If they can manage to get a roster out on a Thursday when they get a day off on a Friday, there is no reason why it cannot come out every Thursday. It is essential that members get access to their rosters as early as possible so that they have time to address any errors and can plan time off work with family, something that QUBE don’t seem to understand or care about. We will continue to resist QUBE’s proposal until they agree to a fair and reasonable approach.

QUBE then stated that they will not discuss remuneration, which includes

yearly increases, overtimerate and backpay until all other clauses are fully agreed – a position the Union has rejected. Our next meeting is on 4 May 2023. Members can expect that bargaining representatives will continue to push the claim for a short-term EA that delivers fair pay increases and conditions.

Stop Press:

A ‘Compulsory Conciliation Conference’ held at the Fair Work Commission in late June, and attended by RTBU Officials, RTBU Delegates, and QUBE Management reached an in-principle agreement.

The terms of that agreement are as follows:

1. Wage offer – 6% for the first year, 5% for the second year and 5% for the third year. A total of 16% over 3 years.

2. Back Pay from 1 April 2023.

3. The “Hourly Rate” definition in clause 4.2 will remain as per the current EA.

4. The Posting of the Working will have a new “cut-off” time of 1pm on Friday.

5. QUBE’s Parental Leave Policy terms will be written into the new EA, offering a significant improvement in parental leave available.

6. In-Cab Monitoring will have words to the effect of “QUBE will not, on its own initiative, introduce an in-cab monitoring system prior to legislation requiring it to do so”.

7. Overtime Rate to remain at 1.6x.

8. “Pencil Roster” to be included within the new EA.

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Federal Court Decides on public holiday work

On 28 March 2023 the Federal Court handed down an important decision for all employees that has profound impacts with respect to public holidays moving forward.

In summary, the Federal Court found that employers that require their employees to work public holidays, without first formally making a genuine request have breached the minimum requirements of the Fair Work Act 2009. Such a requirement is therefore invalid and illegal. As a result, all employers are required to formally make a request of employees questioning whether they are available to work a public holiday. A request will not be valid unless it genuinely leaves the employee with a choice as to whether or not to work on a public holiday. Relevantly, if an employer indicates there is no choice for an employee but to work on a public holiday (or unnecessarily curtails that choice), then they have not made a reasonable request. Simply being rostered on for a public holiday is not a request.

It is also worth noting that a provision in an employment contract, enterprise agreement, policy, position description or any other document, requiring an employee to work a public holiday is not binding and an employer is still required to make a request of relevant employees.

Members should further note that the employer’s request must be reasonable. Whether a request is reasonable will depend on a number of factors including the nature of the employers operation (i.e. a request of a hospital worker is more likely to be reasonable than a request of a rail worker), the amount of notice given, whether there are additional payments available for working a public

holiday, personal circumstances of the employee, whether any particular employee might have expected to be asked to work a public holiday and more.

The RTBU interprets this case as having the result that a request from Sydney Trains and/or NSW Trains to its Drivers will be capable of being a reasonable request, due to the nature of rail operations and relevant conditions of employment. That does not mean that they have made, or will successfully make, a reasonable request.

If a request is made, as the Court noted, an employee must comply with the request if it is reasonable unless the refusal is also reasonable. Whether an employee’s refusal is reasonable will depend on largely the same factors as the request, i.e. the amount of notice given by both parties, personal circumstances of the employee, working conditions/ payments for public holidays, and the nature of the employers operations. If an employee simply does not feel like working on a public holiday, a refusal on that basis is not likely to be reasonable.

However, if an employee’s personal circumstances, and in particular, family circumstances ground a refusal, then that refusal is more likely to be reasonable.

Taking this Easter for example, it would more likely be reasonable if an employee were to refuse the request to work the associated public holidays because:

1. They have an elderly or sick family member who they wish to spend time with, as this Easter may be their last together.

2. They wish to observe the religious traditions of the holiday.

3. The joining of one or more public holidays with rostered days-off would present a unique opportunity to travel with a school aged child; or

4. It presents the only opportunity to spend some time with family members who may have travelled for the occasion.

If an employee’s refusal is reasonable, they are entitled to be away from work on the public holiday, and to be paid for that public holiday, without accessing any form of leave. If the employee’s refusal is not reasonable, only then the employer may require the employee to work the public holiday. The Court has acknowledged the prompt of the request/refusal process should create a dialogue, which in turn has capacity for discussion, negotiation and a refusal. A request may be more reasonable, if an employer was to offer additional payment or an additional ADO for the public holiday shift in the negotiation process that alleviates a ground for refusal.

Where a reasonable refusal is not respected by an employer, members should contact their Organiser if they have any questions.

“Same job, same pay” details revealed

that are captured by the meaning of ‘full rate of pay’ will be payable to the labour hire worker, so long as those conditions are enlivened by the ‘same job’ being performed”.

Broad reach for measures

The consultation paper suggests the Government wants the measures to have an expansive remit.

The Albanese Government in April outlined the details of how it might implement its “same job, same pay” proposal that it framed to ensure labour hire arrangements are not used to undercut employees’ pay and conditions. In a new consultation paper, the Department of Employment and Workplace Relations (DEWR) outlines guiding principles for implementation of the reform, along with the criteria for identifying a “same job” and a methodology for calculating the “same pay”. The proposal, it says, “seeks to address the limited circumstances in which host employers use labour hire to deliberately undercut the bargained wages and conditions set out in enterprise agreements made with their employees”.

The paper says the department is “considering the merits” of identifying the “same job” via the following criteria, which relate to when a labour hire worker is performing:

• “duties that align to a classification, job, or duties set out in or covered by an enterprise agreement that applies to the host employer and directly-hired employees; and/or

• the same duties as an employee covered by the modern award; and/or

• the same duties as a specific directly-employed employee working in the host.”

The paper cites the example of “Jane”, a production worker employed by a labour supplier and placed at a major food producer.

It says the labour hire company pays Jane under the terms of the “relevant” award, but the host employer has an agreement with higher rates of pay for the job classification she performs.

“The Same Job, Same Pay measures will apply, and the labour hire provider will have to pay Jane at least the same pay that employees doing the same work under the enterprise agreement are paid,” DEWR says.

Calculating the “same pay”

The department says that once a host employer and labour supplier have identified that a labour hire worker is performing the same job as a directly-engaged employee, they must calculate the same pay that is owed to the labour hire worker.

It is “considering the merits” of calculating the labour hire worker’s entitlement by relying on the definition of “full rate of pay” at the Fair Work Act’s s18. This approach to calculation “will mean that any conditions set out in the host’s enterprise agreement

It says “traditional” labour hire arrangements “are no longer the type of labour hire arrangement being used by Australian businesses” and now extend to supplementing short-term workforce shortages, outsourcing specific functions “or even entire workforces, and can take various forms”.

It notes that the labour suppliers “may be a completely separate corporate entity, or a related entity within the same corporate group of companies”.

Arrangements can involve “several tiers of contractual relationships, responsibilities on different parties regarding the management and pay of labour hire workers, and in addition to traditional labour hire arrangements (described above), may include (for example):

• Contractor management services, in which a business (the provider) recruits independent contractors on behalf of a third party (the host) and manages the performance of the contractors. Recruitment and placement services, in which one party (the recruiter) recruits or places a worker to perform work for another party (the host). The recruiter does not pay the worker, as the worker is paid by the host either directly or indirectly through an intermediary.”

How the entitlement would be implemented

The paper says the Government would implement the new measure by amending the Fair Work Act to provide:

1. a direct entitlement for labour hire workers to receive at least the same pay as directly-engaged employees; and

2. a positive obligation for labour hire providers and host employers to take reasonable steps to ensure the direct entitlement is paid to the labour hire worker.

There would be a threshold requirement that “same job” criteria are met.

TRAM & BUS NEWS

Region 6

Officials and delegates from both the TWU and RTBU continue bargaining together with TSA management. The company has made significant concessions, largely due to a combination of consistent industrial pressure, the changing political landscape, and new Industrial reforms coming through.

After over 2 years of fighting, both groups are closer to agreeing on a unified set of conditions based on the Copied State Award. There have been slight adjustments from the Union side, like reducing brokens from 13 to 12 hours and 15 minutes, instead of 12hours. In the next EA, if these negotiated items remain, we will aim to roll back these concessions.

We are now awaiting government intervention to address issues that the company won’t address, such as 5 weeks annual leave for all employees not just ex-STA workers while we fine-tune other matters. We’re getting closer to the point where we’ll be having depot meetings to present the EA to members with both Unions having endorsed it unless something drastically changes.

Transdev Light Rail

Transdev has agreed to negotiate a single Enterprise Agreement for all Light Rail operations in SydneyPyrmont, Randwick, and the upcoming Parramatta service.

We’re currently compiling a Log of Claims from employees as well as other sources such as existing undertakings of the current EA and the Deed that was

Bus Region 7 EA

Like Region 6, Region 7 (Ryde & Willoughby depots) has a two-tiered workplace but it was done with a second EA and the same employer. The company has now put forward their best offer and it falls short of giving the Copied-State Award conditions to all workers.

The RTBU will not accept selling out new employees and excluding them from conditions that workers in Region 7 have fought for decades to achieve.

While we work with the Government to find a solution that delivers this, we are planning to submit an application for a Protected Action Ballot to the Fair Work Commission as a prelude to Industrial Action.

We are determined that no matter if it’s Busways, TfNSW or the Government that needs a solid push then we’re ready to deliver that at short notice.

executed between the company and union in the past. Once compiled it will be presented to members for approval and negotiations will begin.

We look forward to fighting to improve pay and conditions as well as extend the best conditions from each current separate Agreement across all workplaces.

Rail maintenance ‘catch-up’ ordered following review of Sydney Trains operations

• Sydney Trains will get back its ability to directly manage its relationships with its own workforce and their representatives,

• There will be comprehensive engagement with the workforce during the procurement, design and construction of new rolling stock

• Consideration will be given to moving the Intercity fleet and operations from NSW Trainlink to Sydney Trains .

• Plans for upgrading customer communication technologies,

• The implementation of multi modal customer information screens,

A rail maintenance blitz will be conducted across the Sydney network after a review found the punctuality of trains has plummeted and the system had been ‘fragile” since the introduction of the 2017 timetable.

Sydney Trains chief executive Matthew Longland said the accelerated maintenance program could be carried out by “more productive” work during scheduled track closures, rather than having to extend the number.

He was also confident the work could be done within existing maintenance budgets, as recommended by the review team.

Transport Minister Jo Haylen released the interim report of the independent panel on Monday.

Ms Haylen initiated the review of Sydney Trains “in light of continuing pressures on Sydney Trains in delivering reliable and resilient train services” and three significant incidents within 17 hours, including a network-wide shutdown when train crews and signallers could not communicate.

Other Details Include:

• An expanded passenger focused team that can respond more

flexibly and rapidly to disruption.

• Immediately commencing work to map out an urgent and largescale program of works to tackle the five year backlog of system maintenance, which has caused most of the failures.

• The Chief Executive of Sydney Trains will report directly to the Secretary of TfNSW and be represented on TfNSW Executive committees,

• The Chief Executive will be directly accountable to the Minister on critical issues,

• Responsibility for the Standard Working Timetable will be transferred from TfNSW to Sydney Trains,

• The timetable team will report to the Sydney Trains Chief Executive to ensure independence and transparency,

• Key executive positions within the Sydney Trains executive will be made permanent to ensure we have the right people in place to bring about this network transformation

• Sydney Trains and TfNSW will undertake an audit of recertifications and training for rail safety workers,

• A crewing app that will allow faster response times for crew during disruptions and get them where they need to be more quickly,

• Improved rapid incident response capability that will make it easier to get the right message to the right people at the right time,

Ms Haylen said the Walsh Review would now turn to delivering longer term solutions for the rail network and for passengers including:

• How major projects and proposed upgrades consider the ongoing operation of the rail network when they are being designed and built,

• How to best modernise the existing rail network to deliver a world class modern railway into the future,

• How we bring our people along in way we propose to modernise the network.

• Examining how we train our people and how they work together to make the railway work best for passengers.

• Shaping the 2024 timetable review and how to deliver a timetable that strikes the right balance between delivering great passenger service and allowing time to keep it running reliably.

Transport Minister Jo Haylen and Sydney Trains Chief Executive Matthew Longland at the media conference on the Sydney Trains Review. Picture by Murray Trembath

IR Bill to triple flexible unpaid parental leave

A legislative package passed by the Senate in June by the Albanese Government will boost flexible unpaid parental leave from 30 days over 24 months to 100 days.

Workplace Relations Minister Tony Burke said in a statement that the boost to the s72A provision are included in the Protecting Worker Entitlements Bill.

He said pregnant employees “will also be able to take some of their flexible unpaid parental leave starting six weeks prior to the expected date of birth of the child, making it easier for them to balance work and prepare for birth”.

Burke said the Bill will also remove restrictions that prevent couples taking more than eight weeks of unpaid parental leave at the same time, aligning the Act’s unpaid parental leave provisions with changes the Albanese Government made to Paid Parental Leave earlier this year.

The Minister said last year’s Jobs

and Skills Summit delivered the message that parental leave “needs to be fair, more flexible and more generous”.

“That’s why the Government is improving the parental leave framework in the Fair Work Act to increase flexibility and remove complex restrictions that limit choice for families,” he said. The Government has foreshadowed that the legislation will also:

• reform the four-yearly review of superannuation default fund provisions;

• clarify that when a workplace determination takes effect, the applicable enterprise agreement no longer operates;

• guarantee superannuation as a right under the NES;

• make payroll deductions for authorised purposes an easier process for workers and businesses; and provide stronger access to unpaid parental leave so families can share work and care responsibilities.

Burke said that the legislation will change the way that long service leave is calculated for casual mineworkers in the black coal mining industry, who are covered by the Coal Mining Industry (LongService Leave Funding) Scheme. It follows a 2021 independent review, conducted by KPMG, finding the scheme not “fit for purpose” for workers engaged as casuals or through labour hire and contracting arrangements.

Bus drivers slam 11th hour signing of private bus contracts

Revelations that the former Liberal / Coaltion Government signed long-term deals with private bus operators just weeks before the state election and at a time when the downfalls of bus privatisation were a hot topic in the community are bitterly disappointing, bus drivers say.

RTBU Tram and Bus Secretary, David Babineau, said the contracts will make it harder for the new Labor Government to unpick the bus privatisation mess, however he said it’s crucial the new government find a way to address our bus problems.

“The signing of long-term contracts despite bus privatisation being a disaster by every measure is a classic example of the way the former Liberal Government handled transport,” Mr Babineau said.

“There’s no question bus privatisation hasn’t worked, yet rather than listen to the views of commuters and workers, the former government decided to sign deals with its mates that locked in private services for years to come.

“The fact that the contracts were signed at a time when the poor handling of our bus services was a key political issue in many areas makes it all the more dodgy and worthy of investigation.

“However, finger pointing won’t get us anywhere. The current government now has a responsibility to look over the contracts with a fine-tooth comb and tell commuters how it is going to address the issues plaguing our bus services.

“The commuters of Sydney deserve a world-class bus service. The previous Liberal Government wasn’t able to deliver that – now it’s up to the current government to show us how it will.”

Workers call on political hopefuls to build them here

Rail unions left NSW voters in no doubt where they stood on local manufacturing when they launched their Build Them Here campaign in the lead-up to the recent state election.

The Build Them Here campaign, supported by the RTBU and AMWU, was launched in the state seat of Penrith, in Sydney’s western suburbs, with Labor candidate Karen McKeown the first to sign the Candidate’s Pledge.

The Pledge asked all candidates to support building our public transport in NSW. This included:

» Committing to designing, building, and maintaining trains, buses, ferries and trams in NSW, and thus creating jobs for local workers;

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

» Making safety and reliability a priority in the procurement of new public transport, and consulting with end users through every step of the process; and

» Investing in the TAFE system to ensure a skilled manufacturing workforce.

A hard-hitting campaign video featuring RTBU National Vice President Leanne Holmes and AMWU NSW/ ACT President Keith Lang was also released.

In the video, Leanne and Keith said the track record of overseas-built NSW public transport in NSW was embarrassing.

“Since the NSW Government started buying off-the-shelf transport from the lowest bidder we’ve seen huge cost blowouts, trains that are unsafe to operate, trams that crack, and ferries that can’t even handle Sydney Harbour swells,” Leanne said.

“Worst of all, we’ve seen thousands of good jobs go offshore,” Keith replied.

“Australian manufacturing workers are some of the best in the world and for decades workers in Sydney, the Hunter, the Illawarra and regions built the public transport that keeps NSW running.”

NSW Locomotive Division Secretary Farren Campbell said the campaign was launched in the seat of a senior Liberal Party MP Stuart Ayers. “Stuart Ayres was a member of the Expenditure Review Committee, a government body that caused all kinds of issues in getting the [Korean-built] New Intercity Fleet retrofitted,” Farren said. “I can’t imagine him signing our pledge!”

Farren said RTBU members’ experiences with the New Intercity Fleet (NIF) over the past six years were typical.

“We had a train built overseas, not fit purpose, and with complete and utter isolation as far as the procurement and design process went,” he said.

“They were designed from the start for driver-only operations, and only by taking the Government and Transport For NSW to every available court could we finally get the truth out.

“Even then we had to leverage our industrial strength. It was only through the Enterprise Agreement process that we were able to take effective and strategic industrial action to get the safe outcomes members needed.”

Farren said the NIF project was ticked off by a British-based independent expert who had never set foot on the train.

But a subsequent RTBU report made a number of safety issues clear - including that the train cameras could not provide vision below 1.1m, so children and people in wheelchairs were invisible.

“Our members made it very clear that until that train was safe we were not going to turn a wheel – it could sit and rust to the rails as far as we were concerned.”

Farren said locally-built trains were safer and more reliable.

“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.”

STOP PRESS

NSW LABOR WINS WITH MANUFACTURING PROMISE

The NSW election has been won by the Australian Labor Party.

The new Government contains former RTBU NSW Branch Organiser Maryanne Stuart , who was elected as the Member for Heathcote, and former RTBU National Secretary Bob Nanva, who was elected to the Legislative Council.

Around 50 candidates signed the Build Them Here pledge over the course of the election campaign, while NSW Labor made a key election commitment to build new trains, trams, buses and ferries in NSW.

The new State Government has promised to begin the procurement process for the next set of trains to replace the ageing Tangara fleet in its first term, creating at least 1,000 secure, longterm jobs during the design and build phase, and many more in maintenance jobs over the design life of the new trains.

TRANSPORT UNIONS MEET TO SHARE WINNING STRATEGIES

Transport unions from around the world met in Johannesburg, South Africa, during March for the largest global meeting of transport workers’ representatives from the rail, road and urban transport sectors.

The occasion was the International Transport Workers’ Federation (ITF) Railways, Road and Urban Transport Conferences, with over 500 delegates from 90 countries and 185 national trade unions in attendance. Unions discussed issues impacting transport workers around the world - from solidarity-based strategies to eliminate xenophobia in Southern African road transport, through to developing socially-just trade union approaches to combat the underlying causes of the industry’s current crises: chronic underinvestment, cuts to services, deregulation and privatisation.

ITF General Secretary Stephen Cotton said unions were developing transformative policies and programs to shift the balance of power from capital to workers in the road, rail and urban transport sectors.

“Building cooperation and unity between unions in road, rail and urban transport gives us the capacity and strength needed to lead the industrial and political changes that transport workers and our society need,” Stephen said.

“Worldwide, our societies were ravaged by Covid-19, which led not only to a continuing health crisis but also increased wealth inequality in and between countries.

“Now, in a post-pandemic phase where cost of living is spiralling out of control in many countries, workers and their unions are demanding that governments put workers’ and society’s demands first.”

ITF’s 2022 Global Poll showed the public overwhelmingly supports union demands on transport, with a larger

percentage believing governments are failing their citizens in handling transport issues generally.

RTBU Assistant National Secretary Shayne Kummerfeld led the RTBU delegation to the conferences. Shayne said the conferences passed important motions on:

» Defending transport workers’ jobs pay and conditions

» Improving long-distance passenger transport

» Winning greater investment in public transport and the need for public ownership

» Strengthening safety and health in public transport workplaces

» Ensuring the transport workers ‘get home safely’

» Expanding and investing in metro organising

» Demanding the electrification public transport workers want

» Driving LGBT+ equality in the public transport sector worldwide

» Disability equality in the railway sector worldwide

“There was a lot of interest in the way the RTBU has dealt with these issues in Australia,” Shayne said.

“For example, delegates were shown a video about our campaign to see the New Intercity Fleet trains in NSW retro-fitted to address a range of significant safety concerns.

“NSW Secretary Alex Claassens then gave a powerful speech about how the RTBU campaign won the day, and forced the NSW Government to fix the safety problems that workers had identified.

“It’s important for Australian workers to have a say in the way the global transport union movement operates, and how we can work together to leverage our global power.

“We can learn from the strategies that other unions are pursuing to achieve justice for their members, and it’s great to be able to able to share our successful strategies as well.”

Delegate Training Courses 2023

The RTBU union delegates training courses are up and running for 2023 with a number of course dates planned for this year.

The Level 1 Delegates training course covers essential elements for delegates role in the workplace. Pictured are delegates who have completed their course in May 2023

Unions welcome historic cost-of-living wage increase

The decision by the Fair Work Commission on May 2, of an 8.6% increase for those on the minimum wage and 5.75% for those on minimum award wages will be welcome relief for the 2.67 million Australian workers directly affected. ACTU Secretary, Sally McManus said after the announcement that “The union movement fought hard for these increases, which will really help millions of working people to stay afloat. It is a critical increase during this cost-ofliving crisis.”

This increase for the lowest earners over the course of a year should get wages moving in the right direction.

With inflation running at 6.8% this will mean $66.50 more per week in the pocket of an entry level disability support worker and $51.08 per week in the pocket of an entry level shop worker.

Each year, the Fair Work Commission sets the wage floor for workers in Australia. For Australia’s 2.67 million minimum wage and award wage workers, unless they bargain with their employer, this is the

only mechanism for getting a pay rise. Today’s cost-ofliving increase ensures they won’t go backwards. Business is posting record profits this year – they can afford this raise.

When workers have more money in their pockets, they spend it in local shops and cafes. This increase not only helps workers to pay their bills and put food on the table, it means they can support local businesses. This is good for the economy.

The ACTU Secretary praised the decision, saying: “There are real people and their families behind the wages and inflation statistics – the workers we rely on to deliver vital services in aged care, early learning, disability care, food preparation and delivery, cleaning, retail and security. People are skipping meals, avoiding the doctor and dreading their next bill. Rents have skyrocketed along with prices of essentials such as bread, milk, petrol and electricity. Today’s increase means these workers can keep their heads above water and not have to cut back even further.”

RTBU Members Turn Out for May Day

Members in Newcastle and around the state turned out to celebrate May Day in a range of events across three days (due to May Day falling on a Monday this year) to acknowledge the achievements of the union movement.

The Hunter Workers May Day march was held on April 30, Sydney on May 1, and the South Coast March for Peace and Jobs on May 6.

Maintenance Award

Sydney Trains Network Maintenance Teams from South Coast Civil Maintenance (Highly Commended) and City West Track Maintenance Team (WINNER)were recently awarded winners and highly commendable for the maintenance work in 2022 The awards were handed out at the annual PWI awards night in February 2023 in recognition to the maintenance teams of the importance of local housekeeping/ routine maintenance from fettling gangs to safety, reliability and the condition of the railway. This award was established to promote pride in track maintenance and associated structures.

Delegates Get Update on changes to Fair Work Act

Toby Warnes, Director of Organising provided an update to delegates in regards to amendments to the Fair Work act under the Secure Jobs better pay Act 2022 effective from 8 June 2023

Including

• Four new bargaining streams available

• changes to bargaining procedures.

• compulsory conciliation before industrial action

• New workplace sexual harassment laws

• Disclosing pay and workplace conditions Prohibiting pay secrecy

• Gender equality measures

Summary of Financial Reports

AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES BRANCH

FINANCIAL STATEMENTS

This summary of Financial Reports for the NSW Branch have been extracted from the audited NSW Branch General Purpose Financial Report for 2022, prepared for the Fair Work Commission in compliance with reporting requirements of the Fair Work Act and Fair Work (Registered Organisations) Act 2009.

AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES BRANCH

The full Financial Reports (including explanatory notes) are available on rtbuexpress.com.au

STATEMENT OF COMPREHENSIVE INCOME

For the Year Ended 31st December 20 22

AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES BRANCH

STATEMENT OF CHANGES MEMBER’S EQUITY

As at 31st December 20 22

AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES BRANCH

at 31st December 20 22

AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES BRANCH

STATEMENT OF CASH FLOWS

For the Year Ended 31st December 20 22

NOTES TO THE STATEMENT OF CASH FLOW

Note A - Reconciliation of Cash

Cash at the end of the financial year as show in the Statement of Cash Flows is reconciled to the related items in the Statement of Financial Position as follows:

AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, NEW SOUTH WALES BRANCH

Summary of Financial Reports

RAIL, TRAM AND BUS UNION OF NEW SOUTH WALES

This summary of Financial Reports for the NSW Branch have been extracted from the State Financial Statements for 2022, prepared in compliance with reporting requirements of the NSW Industrial Relations Act 1996 Act. The full Financial Reports (including explanatory notes) are available on rtbuexpress.com.au

FINANCIAL STATEMENT S

RAIL, TRAM AND BUS UNION OF NEW SOUTH WALES STATEMENT OF COMPREHENSIVE INCOME

For the Year Ended 31st December 2022

RAIL, TRAM AND BUS UNION OF NEW SOUTH WALES STATEMENT OF CHANGES IN MEMBER’S EQUITY

As at 31 December 2022

RAIL, TRAM AND BUS UNION OF NEW SOUTH WALES

STATEMENT OF FINANCIAL POSITION

As at 31st December 2022

RAIL, TRAM AND BUS UNION OF NEW SOUTH WALES

STATEMENT OF CASH FLOWS

For the Year Ended 31st December 2022

CASH FLOW FROM OPERATING ACTIVITIES

Rent Received

Interest Received

Receipt from R TBU – NSW Branch

Payments to Suppliers and Employees

Net Cash Provided by Operating Activities

CASH FLOW FROM INVESTING ACITIVITIES

Payment for Assets

Net Cash Provided Used in Investing Activities

Net Increase / (Decrease) in Cash Held

Cash at beginning of the Year

Cash at the End of Year

•

•

•

All information is correct as at 1/06/2023 and subject to change. 1 Home loan information is for new money loans only and is subject to change. Loan to Value Ratio (LVR) is the ratio or money you borrow compared to the value of the property used as security, as determined by the Bank. LVR value is determined at time of origination only. All loan applications are subject to Australian Mutual Bank Ltd normal lending criteria. Fees and charges, terms and conditions apply. 2 Family Support is available for borrowers, especially first home buyers with no deposit, who have an immediate family member that is willing and able to offer security, e.g. their own property, as Guarantor on the loan to secure a portion of the loan. The Guarantor’s financial position should be such that they are able to meet their obligations under the guarantee. Non-Resident guarantors are not eligible. 3 You must be at least one month’s repayment in advance to obtain a redraw. Full details available on application. Australian Mutual Bank Ltd | ABN 93 087 650 726 | Australian credit licence 236476 | AFSL 236476.

Whistlestop

Noel Cox Turns 90

RTBU Secretary

Owen

We all chatted for a few hours about how the rail industry is going today compared to the good old days. Noel was born at Coolah NSW on 29th March 1933 and went to primary school at Coolah. His parents moved to Taree where Noel attended Taree High School. On leaving school, he worked on a dairy farm in the Manning River area until 1956, when he joined the then NSW Government Railways as a Locomotive Cleaner at Taree Locomotive Depot. Noel progressed through the locomotive grades to become a train driver appointed at Enfield. Noel was Secretary at Taree and Enfield. Noel was a member of the Australian Federated Union of Locomotive Enginemen, and in the 1966 AFULE elections was elected to the position of Assistant Divisional Secretary NSW from 1966 – 1978 and elected to General Vice President 1974-1979.

In 1985, Noel was elected to the position of Divisional Secretary, which he held for three years. In 1988, due to health reasons, Noel had to retire. As a union official over many years, he was associated with many of the rail industry’s operations and restructures, with direct involvement with management, employees and the general public. Noel also had an outstanding record as an advocate on the Appeals Board, was a member of the State Rail Authority Board from 2002 – 2009. Noel was also a long-time delegate to the NSW Labor Council and had a major role in establishing the Labor Council’s Chifley Financial Services.

The Mayor of Cessnock, Jay Suvaal also dropped in on Noel on 29th March, with a letter of congratulations for his 90th birthday.

We wish Noel and his lovely wife Jan, all the best in the years ahead.

Information sourced from Noel Cox and supplied by Barry Seghers

Alex Claassens, and retired members

Hibbert and Barry Seghers attended Noel’s residence in Cessnock on Monday 27th March to celebrate Noel’s 90th birthday with a birthday cake.

Farewell and Best Retirement Wishes to Gary Laker

Well-known Fire Officer Gary Laker has decided to retire after 44 years of service with the Railways, with his last day of work being 24 May 2023; Gary will be taking long service leave to ease himself into retirement.

Gary has held several positions, all of which involved public service, including Junior Station Assistant, Train Driver, Police Officer, through to his final position as Fire Officer. Fire Officers deal with a myriad of incidents from all extremes, but one incident recanted was when Gary and another Fire Officer were called to Central on the night shift to remove a snake off the train, which was later identified as a children’s python. Gary’s future plans include travelling around Australia with his wife, Francine with the initial trip being on the Ghan, followed by going outback touring in the new caravan with Francine and his children.

We wish Gary and his family all the best in the future.

TRAM & BUS EXPRESS

Get

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

Plaque Presentation - Left to right Tim Farlow, Gary Laker, Nathan Evans and Aaron Bischoff

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

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.

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RTBU Holiday Park at Jervis Bay

Located in the Booderee National Park, the RTBU Holiday Park at Jervis Bay, is just a 3 hour drive south from Sydney, but a world away…

Each of the 14 self-contained cabins sleep up to a maximum of 6 people. Cabins have a queen sized bed, two single beds and a set of double bunks. You will need to bring your own sheets as only mattress protectors, quilts and pillows are supplied.

The cabins contain a digital television, an oven, microwave, fridge, crockery, cutlery, glassware, pots and pans as well as basic cooking utensils. Make sure you come prepared as the closest grocery shop is in Vincentia, a 30 minute drive away.

The RTBU Holiday Park facilities available to all guests include a Boat Ramp, Undercover Bar-B-Q area with seating, Tennis Court and a Coin Operated Laundry.

There are various swimming spots to enjoy and natural areas to explore, suitable for all the family.

Kangaroos, possums, wallabies, kookaburras, bandicoots, echidnas and rosellas visit the grounds of the Holiday Park daily. Enjoy fishing for whiting, flathead and bream from the calm shores or take a quick walk to experience beach fishing for tailor and salmon on the pristine Bherwerre Beach.

Bookings can be made by telephoning the RTBU Office on (02) 9264 2511.

Booderee National Park & Bherwerre Beach

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

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

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

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

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

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RTBU Holiday Park Jervis Bay

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

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