2024 Rail and Road - September Edition by Rail, Tram & Bus Union (NSW Branch)

RAILROAD AND

THE MAGAZINE OF THE NSW BRANCH OF THE RAIL, TRAM & BUS UNION

United and Winning

ALP State Conference at Sydney Town Hall

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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

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NSW BRANCH

Head Office

Level 4, 321 Pitt Street,

Sydney NSW 2000

Tel (02) 92642511

Email nswho@rtbu-nsw.asn.au

Website www.rtbuexpress.com.au

Tram and Bus Division

Level 4, 321 Pitt Street,

Tel (02) 93197277

Email nswbus@rtbu-nsw.asn.au

Locomotive Division

Level 4, 321 Pitt Street Sydney NSW 2000

Tel (02) 92643400

Fax (02) 92647679

Email nswloco@rtbu-nsw.asn.au

Newcastle

Email newcastle@rtbu-nsw.asn.au

Wollongong Office

Level 1, 306a Crown Street, Wollongong, 2500 Tel (02) 9264 2511

Email wollongong@rtbu-nsw.asn.au Branch

From the Branch Secretary

Dear Members,

It’s been a whirlwind few months, brimming with significant developments and hard-fought progress.

Firstly, as many of you know, I’ve stepped into the role of Secretary this June, following Alex Claassens’ move to the RTBU National Office as National Secretary. After six years as Director of Organising, I’m honoured to lead our union into its next chapter. The long-awaited Sydney Metro has finally opened its doors, albeit billions over budget and after substantial delays. While some are touting faster commutes, we mustn’t lose sight of the bigger picture. This project demands a robust dialogue about the use of public funds on the unnecessary duplication of services. We’re acutely aware that this was a pet project of the previous Coalition state government, aimed at undermining our existing heavy rail network and fostering poor outcomes for workers. Rest assured, we’re keeping a watchful eye on these developments.

On the bargaining front, we’re making significant headway with Sydney Trains and NSW Trains. We’ve lodged an application with the Fair Work Commission for a “Single Interest Employer Authorisation” - a critical move in our ongoing battle

against privatisation attempts by current and future governments. Despite employer pushback on multienterprise agreement negotiations, we’re confident our petition to the Fair Work Commission will force them to take this matter seriously. In other news, as you’d all be aware, the ongoing negotiations with QUBE have been a tough uphill battle that seems to have no end. Following our recent Fair Work Conference, QUBE announced their intention to distribute their unendorsed Enterprise Agreement for your vote. However, we’ve since experienced an unexplained delay and a concerning lack of communication from QUBE regarding this matter. And what’s more, in a stark contrast to their stance on employee compensation, QUBE has recently released their Annual Report, showcasing a significant increase in corporate profits. This report also reveals substantial remuneration packages for company directors. Your loco division is committed to engaging directly with members to discuss the implications of QUBE’s proposed Enterprise Agreement.

Unfortunately, our Light Rail members are facing an uphill battle in negotiations. Transdev’s stubborn refusal to offer fair pay and conditions has forced us to shift

gears. We’re now pursuing a MultiEmployer Agreement, aiming to secure the same high standards for our Light Rail members that our heavy rail workers currently enjoy. This tactical pivot bolsters our bargaining position and brightens our prospects for a favourable outcome. We’re also tackling a thorny issue in Region 8, where members have been slapped with debt notices from a company hired by their employer, Keolis Downer. This longstanding problem stems from the company’s failure to issue correct payroll numbers, resulting in a confusing pursuit of ‘outstanding debts’. The debt amounts have been revised multiple times, causing significant distress. It’s utterly unacceptable for the company to chase these debts without clear explanation. We’re working tirelessly to untangle this mess and will keep you in the loop as we make progress.

As we forge ahead, these challenges underscore the vital importance of our collective efforts. I’m deeply grateful for your support and dedication - it’s the bedrock of our union’s strength. Your commitment fuels our fight for workers’ rights and a robust, reliable public transport system. Together, we’re a force to be reckoned with, and we’re just getting started.

General News

United and winning: State Labor Conference 2024

Delegates from the Rail, Tram and Bus Union NSW attended the annual NSW Australian Labor Party Conference at Sydney Town Hall on July 26 and 27.

The conference provides an important opportunity for unions, like the RTBU, to be actively involved in discussing the future policy direction of the party.

The outcome of the conference, from an RTBU perspective, was significant as the union was able to get a number of key resolutions passed which will improve outcomes for our members.

• Improving conditions in our bus networks for workers and commuters including the potential to re-establish the State Transit Authority,

• A commitment not to convert any future existing heavy rail lines to metro,

• A commitment to prioritise the expansion of the heavy rail network over new metro lines,

• A commitment to review of staffing and safety arrangements for the south-west metro line,

• Bringing transport cleaning back in house,

• Expanding transport jobs in the regions and maintaining regional signal boxes,

• Removing the access fee on the airport line,

• Fixing SafeWork Australia by ensuring that unions are involved in the regulator,

• Allowing unions the power to prosecute safety breaches,

• Supporting injured workers to return to work after their injury,

• Allowing unions to levy a fee against non-members who benefit

from union members action and bargaining,

• And a range of other resolutions which you can see in more detail below.

These policy directions will change the face of transport for the better and highlight the importance of our continued involvement in the party processes.

We know there have been - and we will continue to see - challenges with the current NSW Government. We will never shy away from our number one priority – improving our transport industry for the benefit of our members and commuters – no matter who is in government. But our strength and ability to push for positive change within the

movement means we’re laying the foundations required for a transport system that truly delivers for our members and commuters.

The RTBU has never been – and will never be – a union that sits back and allows policy to happen to us. We will lead the charge and demand policy and change for both our members and for the community broadly. We can’t be bystanders when it comes to policy development. It’s important to be at the table – and these resolutions highlight why.

Congratulations to all the RTBU delegates at the conference. It’s never an easy task, but members should stand proud of our collective contribution to shaping future policy direction.

• RTBU resolution:

Bringing buses back into public hands: The Liberal National Government destroyed the bus industry in this state with privatisation and poor government procurement resulting in a race to the bottom in wages and conditions for bus drivers and services for the community.

Government procurement is critical to creating a worldclass public transport system in the bus industry in NSW. The Government will work with unions to achieve best practice procurement policy, which may include reestablishing Government ownership in previously privatised areas, and:

• Ensure the wages and conditions of bus drivers are lifted from the worst to best in the country and are set as an industry

• Improve, maintain and create the best possible facilities for all bus drivers

• Invest in better equipment and more routes

• Create an industry that is attractive for workers to train as, become and make a career in the bus industry.

• RTBU resolution:

Metro vs Heavy Rail: NSW Labor will prioritise the expansion of the heavy rail across the Sydney and NSW rail network to maximise interoperability in order to incentivise the use of rail over the use of less environmentally friendly modes of transport both for passengers and goods.

As part of this commitment, the government will ensure that affected unions will be consulted as part of the mode agnostic business case into south west rail planning.

NSW Labor rejects ideologically driven transportation developments that are sustained by anti-worker sentiment.

NSW Labor will not convert any future existing heavy rail lines to metro. NSW Labor will continue to build new rail services into the future, in conjunction with the housing our city needs to grow.

NSW Labor commits to a review of staffing and safety arrangements for the south west metro line, with affected unions and all relevant stakeholders prior to its operation.

• RTBU resolution:

Regional rail: NSW Labor is committed to developing regional rail throughout NSW. It will actively investigate the prospect of reopening closed lines, and instigate a business case for expansion into areas not currently serviced by rail.

• RTBU resolution:

International student fares: NSW Labor will end the discrimination against temporary migrants accessing public and essential services of the state. As such, NSW Labor will ensure that all students in the state (including international students and other temporary migrants) are eligible for travel concessions on par with domestic students.

• RTBU resolution: Kiama to Bomaderry electrification: NSW Labor commits to duplicate and electrify the rail line between Kiama and Bomaderry and consider extending the line into Nowra.

NSW Labor is committed to delivering a $10 Million Illawarra Rail Resilience Plan with the aim of investigating ways to improve resilience and reliability of rail services between Sydney and Bomaderry including track improvements south of Kiama.

• RTBU resolution:

Airport link: NSW Labor will negotiate with Airport Link to remove the station access fee for Domestic Airport Station and International Airport Station and recommit to returning the stations to public ownership when the contract expires in 2030.

The NSW Labor recognises the impact of the Station Access Fee on transport workers and passengers utilising Sydney Kingsford Smith Airport. NSW Labor is committed to returning stations to public ownership and abolishing the Station

Access Fee in 2030. NSW Labor is open to discussions and proposals that would ameliorate the station access fee on airport workers that involved key employers and the operator of the line contributing to a satisfactory revision of fares.

• RTBU resolution:

Transport Cleaning: NSW Labor will examine bringing transport cleaning back in house at the expiry of each contract. Labor will continue to work with affected unions on this process.

• RTBU resolution:

Regional Signal boxes: NSW Labor respects and values the work of regional transport employees and will continue to work with the RTBU on options for consolidation of regional signal boxes, the introduction of technology and all other major changes in the transport network.

The NSW Labor Government is committed to expanding transport jobs in the regions.

Loco News

Pacific National Intermodal- Rostered Day Off infringement dispute: off to arbitration

After weeks of discussions, meetings and conciliation with Pacific National management, this dispute is being prepared for arbitration at the Fair Work Commission.

The dispute emanated from the Taree Depot with two related issues presenting themselves. The first being where a member was scheduled to commence at 1400 hrs according to his master roster. However, he signed off at 1550 hrs, 1 hour and 50 minutes into his RDO. PN refused to recognise the infringement and refused to pay the appropriate penalty.

On the second occasion the member’s start time was laid back from 0211 hrs to 0250 hrs without his agreement, the resulting shift infringed his RDO, which was supposed to start at 1500 hrs per the master roster. He signed off at 1550 hrs, thus infringing his RDO by 50 minutes. The member claimed a day in lieu (DIL) option yet Pacific National refused this.

So far Pacific National have tried every trick in the book to not correct this issue and have used stalling and delaying tactics rather than remedy the situation. So much so, their latest is to contest the Jurisdiction of the Fair Work Commissioner to hear the case as one dispute.

The matter is now listed for mention / directions before Commissioner Crawford at the Sydney Fair Work Commission and from there, dates will be set for the matter to be formally heard by the Commission.

The NSW RTBU Locomotive Division are running this case and we are asking the Commission to rule on if all time worked on an RDO is to be paid at 1.7 and if you are lifted up or laid back and your RDO is infringed are you entitled to an additional 1.7 payment for the time infringed or a DIL.

We will keep you posted as the dispute progresses. Members across the business should be wary of local managers making comments and trying to divide depots. This is not an isolated issue at one depot, it affects all members. Any spin from local management should be ignored and met with a question regarding why the company is not recognising all RDO time as your time and why they are not recognising infringements and paying the appropriate Enterprise Agreement condition.

QUBE Enterprise Agreement gets the big thumbs down

The Locomotive Division is pleased to report that the Enterprise Agreement sent to workers by QUBE was voted down by 77.2 percent of respondents to the ballot.

This marks the fifth time QUBE has pushed an Enterprise Agreement without endorsement from the RTBU EA Team. Given the offer presented to members - one of the worst we’ve seen to date - the outcome of the vote comes as no surprise. It follows a decision which refused the logistic company’s application to vary the 2015 and 2019 Enterprise Agreements to stifle the union’s claim for award loadings, allowances and penalty rates. That meant that QUBE has now exhausted all attempts to be able to vary the text of both agreements. QUBE could seek Judicial Review of this decision in the Federal Court, but to do so will need to overturn the Full Bench decision as being infected by jurisdictional error - a challenging and perhaps impossible hurdle. Otherwise, QUBE will have to come to terms with the clear and unequivocal language of the previous and current Enterprise Agreements, that undeniably creates an entitlement to award penalty rates, shift loadings, and allowances.

The RTBU had many issues with the proposal, and did not endorse it for the following reasons

• No back pay

• Below inflation pay rises

• Dodgy deed

• No catching up with industry standards

• No penalty rates

The EA team has the below summary on the following elements of the deal being presented by QUBE as being ‘substandard’:

• Firstly, QUBE’s deal has no back pay. This is simply unacceptable in circumstances where members have borne the brunt of 13.5% of inflation since their last pay rise on 1 April 2022 – nearly two and half years ago!

• Secondly, QUBE is proposing to increase rates of pay by only 24% for the 6-year period that covers the period from your last pay rise on 1 April 2022 to sometime towards the end of 2028 when the proposed agreement expires. Current RBA forecasts imply over 26% inflation over the same period.

• Thirdly, QUBE is proposing that if the vote is successful, they will approach individuals to settle the penalty rates underpayment claim one-by-one for $15,000 each for a level 4/5 and $7,000 for a Level 3. Putting aside the red flags that arise from signing

individual Deeds prepared by QUBE without getting your own legal advice (advice which would likely exceed the $9,000 or so after taxation that you would receive from the deal) $15,000 is woefully inadequate when the FWC has already shot down QUBE’s entire factual case. Some members are well on their way to receive $100,000’s of dollars in backpay. The RTBU’s case will be going ahead whether or not employees agree individually to settle for cents on the dollar.

• Fourthly, even if QUBE were not proposing to amend the enterprise agreement to delete penalty rates(effectively lowering the payable rate by up to $50ph for some shifts) this proposal would still be a bad deal that would see members fail to keep up with industry standards – for example the gap between QUBE and the lowest paid depot PN Bulk Driver hardly changes from $6.84ph in 2022 to $6.35ph in 2027 – QUBE should be trying to close this gap!

• Finally, QUBE’s proposed enterprise agreement will get rid of penalty rates. It is self-evident that QUBE is finally accepting the strength of the Union’s case for penalty rates – why else are they suddenly prepared to offer $15,000 to buy claims from individuals? They won’t save any legal fees because such individual settlements won’t stop the Union from prosecuting its case in Court.

In other QUBE news, QUBE have released their Annual Report, announcing a massive 30% increase in profits and multi-million dollar pay packages for each director This should be contrasted against QUBE’s recent threats of redundancy and continuing attempts to legitimise wage theft.

Tram and Bus News

Light Rail Members Update

Our light rail members have continued to show incredible courage and unity in their battle against Transdev’s unjust pay and conditions for workers. Despite our continued efforts, Transdev has remained unwilling to offer fair pay and conditions that reflect the increased cost of living. This has forced us to take protected industrial action.

To strengthen our bargaining position and ensure that light rail workers enjoy the same safety standards and conditions as heavy rail workers, we’ve submitted an application for a Multi-Employer Agreement with the heavy rail networks. This is a significant step towards securing a fairer deal for our light rail members and ensuring consistent standards across the industry.

We’ll continue to keep you informed of the progress of this application and the ongoing negotiations with Transdev.

Region 7 Update

As you know, we’ve been working diligently behind the scenes to negotiate a fair deal at the Fair Work Commission. This is crucial for all of us, as the proposed two-tier rostering system could lead to significant financial hardship and job losses, similar to what happened in Region 6.

The primary challenge we face is the new Enterprise Agreement for workers hired after the transition to Busways. This agreement prevents these employees from taking industrial action, limiting our bargaining power. Despite this obstacle, we’ve made progress and are down

Traffic Fund Rule Update

to a few key points of disagreement. We’re hopeful that these remaining issues can be resolved through negotiation. However, if necessary, we’ll proceed to arbitration. Before that, members will have the opportunity to provide feedback on any proposed agreement.

Our scheduled appearance before the FWC on August 20th was postponed due to the Commissioner’s illness. We’ll provide updates on the rescheduled date as soon as possible.

There has recently been a spike in fines related to not wearing a seatbelt while driving a bus. While some of these are faults because the camera is not detecting a lap-belt, many of them are legitimate.

The RTBU has been actively working with Transport for NSW (TfNSW) to develop a standardised approach for employers to address this issue. Our goal is to ensure that drivers are not unfairly penalised due to inconsistencies in bus models or company policies.

The RTBU will continue to support Members though this process. Additionally, we’ll be discussing this matter further at the next Divisional Executive meeting.

We’ll keep you updated on any developments regarding this issue.

Update on Debt Collection Issues with Keolis Downer

We’ve been closely monitoring the concerns raised by our Region 8 members regarding debt collection notices from a company hired by Keolis Downer. As you know, there were significant issues with the accuracy and consistency of the amounts being demanded.

To address these concerns, we’ve taken decisive action. We’ve initiated a mediation process with Keolis Downer, facilitated by the Federal Court, to establish a clear and fair resolution. The goal is to ensure that drivers receive accurate explanations of any outstanding debts and a transparent process for repayment.

We’ll be working closely with Keolis Downer over the coming weeks to finalise the details of this agreement. Both KDNB and the RTBU will provide regular updates on the progress of this process. Thank you for your patience and understanding as we continue to advocate for your rights and interests.

General News

Retired Members Campaign win

The NSW Labor government has responded positively to a four-year campaign by the RTBU Retired Members to have the former Australian Railways Union headquarters in Redfern known as Transport House included in the State’s Heritage Register.

The NSW labour movement historically has played a significant role in preserving the state’s historic buildings, especially through the Jack Mundey led Green Bans movement of the late 1960s and 1970s when the Builders Labourer’s Federation challenged the wrecking ball, pro developer approach of the then conservative government.

The fight to have Transport House heritage listed has been part of the RTBU Retired Members overall campaign for the recognition of workers history. It has several threads: ensuring the reuse of the Eveleigh Locomotive Workshops included the workers and unions stories about their numerous struggles, the heritage listing of the former ARU headquarters, Transport House, and significant changes to the outdated NSW Heritage Act.

The common element has been the recording and recognition of the contribution made by workers and their unions in the development of NSW. For far too long, the emphasis on heritage has focused on historic buildings and machine collections whilst ignoring the contributions made by workers and their unions.

The NSW Heritage Act reinforces the emphasis placed on buildings but downplays the fact it is working people and their unions who give meaning and purpose to the workshops, running sheds and depots in which they worked.

A 2021 NSW Legislative Council Inquiry into the Heritage Act made several recommendations

concerning workers’ cultural history, and the government will consult widely on changes to the Act later this year. NSW unions will need to be actively involved to ensure their views are recognised and acted upon.

Transport House was the former headquarters of the NSW Branch of the Australian Railways Union from 1932 to 1969. Although opened at the height of the great depression the building was renovated and was seen as a bold expression of a modern union providing a full range of services to the members. These included a hall for the staging of plays and films, meeting rooms and a library which specialised in socialist publications. The documentation prepared by the NSW Heritage Council for assessing the heritage listing succinctly and powerfully summed up the importance of the Transport House to the ARU in the following terms: “the site and its acquisition represented a coming of age for the

ARU. It could put behind its years of bitter memories, entrenched resistance to unionism by railway management and conservative governments. Successive deregistration of the union, sacking and imprisonment of union officials, factional infighting, economic depression, a distant and devastating world war, and the catastrophe of the Great Strike of 1917. Through its education program the ARU emboldened workers to challenge management and the status quo… it brought selfrealisation and an understanding of rights.”

Transport House had historic associations with several significant political struggles. The ARU Branch Secretary in the 1930s and 1940s Dr. Lloyd Ross was a central figure in the Movement Against War and Fascism and Transport House was an important centre for the Spanish Relief Committee in the movement against the rise of fascism in Spain. The leadership of the ARU during this period included communists and socialists.

The ARU sought to educate members about their position in society. The Union established a 28-piece band, football, and cricket teams. It was amongst the first unions in Australia to establish a women’s auxiliary which was active in industrial campaigns for women rail workers. In 1948 the ARU established the first trade union holiday camp in NSW at Sussex Inlet on the South Coast. It was opened by the NSW Labor premier James McGirr and offered rail workers an inexpensive holiday by the sea.

the age of twenty-one because the price of their labour increased when they became an adult worker. This was remedied following a union campaign. Despite the ravages of the Depression the ARU fought campaigns for track workers on the Broken Hill line who worked and lived with their families in tents under atrocious conditions. At the Eveleigh workshops there were no showering facilities, toilets were outside the workshop proper and working conditions were dirty and dangerous.

Transport House and the ARU were for many years an integral part of the local community. The largest employer in the Redfern and Darlington Districts was the Eveleigh Railway Workshops which employed many thousands of workers, the overwhelming majority of whom lived locally. Political and social activities were very much a local affair with ARU and other workshop unions prominent in local social, sporting, political and religious organisations

Transport House was associated with numerous campaigns to improve the working lives of rail workers who, in many circumstances, suffered under appalling working conditions. This was an era when no Occupational Health and Safety Legislation existed. In the early 1930s the railway commissioner, as a matter of practice, sacked workers when they reached

The building, which contained Transport House, has had three major phases. It was built in 1874 as a stately Victorian residence for a significant Australian manufacturer and philanthropist. The second was its reuse and modernisation as union headquarters for the ARU from 1932 to 1969. For a period, the building was associated with the workers’ theatre. The third major phase of the building’s history, from 1980 to 2020 was as a centre of radical and experimental theatre, dance and performing arts in Sydney. The theatre company “Performance Space” was known as a centre for ‘new form, cutting edge’ theatre with new works and major productions being performed. Performance Space was nationally recognised and played a major national role in the performing arts with visiting overseas artists, conferences, and events. It was a vital part of Sydney’s cultural life.

The campaign waged by the RTBU retired members for the heritage listing of Transport House highlighted the rich industrial, social, and political history pursued by railway unionists over many generations and is a significant step in the recognition of their contributions to the development of NSW. The heritage listing of Transport House is most appropriate as it is the 150th anniversary of the original construction of the building in 1874.

International News

London North Eastern Railway (LNER) Workers Announce Strike action

Rail Services between London, the North and Scotland are set to be facing disruptions, as workers from the London North Eastern Railway gear up to take strike action. They’ll be staging strikes every Saturday and Sunday from August 31 to November 10.

The 22-day strike comes after LNER repeatedly broke agreements on working conditions and failed to address staffing issues. Aslef General Secretary Mick Whelan said the union was forced to act due to LNER’s bad faith and breaches of roster agreements.

Nigel Roebuck, Aslef’s officer for the North-East, further explained the

root of the problem: LNER’s chronic shortage of drivers. This shortfall has led the company to rely on temporary solutions and management cover, rather than addressing the underlying staffing issues. According to Roebuck, LNER does not employ enough drivers to meet the service commitments it has made: “Instead of addressing this through proper staffing, the company has resorted

to breaking agreements and trying to bully our members.”

There are also safety concerns regarding managers performing dual roles—driving trains and handling other managerial duties—during this period. The Office of Rail and Road (ORR) is investigating these practices to ensure passenger safety is not compromised.

Canada’s Two Largest Freight Railroads Shut Down, Affecting US

Supply Chains

Canada’s two main freight rail operators, Canadian National (CN) and Canadian Pacific Kansas City (CPKC), have locked out nearly 10,000 union workers, halting rail freight across the country. The shutdown follows failed contract negotiations, with workers demanding better wages, benefits, and working conditions.

The stoppage could cost Canada an estimated $251 million per day and disrupt supply chains across various industries in the US, including automotive, agriculture, and energy. While rail shipments from Canada to the US are paused, US routes operated by these companies will remain functional.

The Teamsters Canada Rail Conference, representing the locked-out workers, criticised the companies for trying to

weaken protections around rest periods and scheduling, raising safety concerns. The companies hope the lockout will prevent a more disruptive strike later this year, as Canada approaches its peak shipping season.

US officials, including Transportation Secretary Pete Buttigieg, are monitoring the situation due to potential impacts on the flow of goods between the two countries.

Transport for NSW attempts to stop RTBU from taking industrial action

Transport for NSW (TfNSW) filed a dispute in the New South Wales Industrial Relations Commission (NSWIRC) against the RTBU in an attempt to stop the Membership who work in the Transport Management Centre (TMC) from taking part in industrial action in the form of work bans.

The Transport for New South Wales and Sydney Metro Salaries and Conditions of Employment Award 2022 (Award), which the RTBU is a party to, is currently in negotiations. The TMC is a cohort of employees covered by this Award.

Several items are under dispute as part of these negotiations, and several outstanding items directly impact the cohort working in the TMC.

As TfNSW has acted so belligerently towards these outstanding items, the Membership voted in a mass meeting to implement work bans on signal shifts, green light runs (excluding urgent medicals), and buddy training, effective 6.00 am Monday 8 July 2024.

We met with TfNSW only to have them maintain their position on these items. As a result, the Membership voted to expand on the work bans that were in place, resulting in TfNSW filing a dispute in the NSWIRC urgently seeking a conference.

On 29 July 2024, we attended the NSWIRC with our Delegates, Chris DeGray, Adrian Garthwaite, Tim Greaves, Tracey Bailey and Steve Tonkli, in the conference which ran for most of the day. The outcome from the conference was TfNSW agreeing to enter into two (2) weeks of intense bargaining with the Union, the Director of Customer Journey Operations in any of the meetings, a workload and workflow study to be conducted with a Subject Matter Expert of the Union choosing to be included. The Commissioner advised TfNSW that the NSWITC did not intend to tell the Union to lift any workplace

bans and report back on 31 July 2024, where a recommendation would be handed down. The RTBU confirmed that we would seek guidance from our members via member meetings.

Member meetings were run where the Membership accepted the offer that would be contained in the recommendation.

On 31 July 2024, the Commission handed down the recommendation which was;

• That there be two weeks of good faith bargaining to work through all outstanding matters in dispute including start times , business rules and the encroachment of non STOC (Senior Transport Operations Controller) and TOC (Transport Operations Controller) staff into STOC and TOC duties.

• That a review be conducted of the TMC workload and resourcing of the TMC , which is long overdue and that the review be co-chaired by a person of the RTBU’s choosing with appropriate operational experience of running a critically important control centre and not some bean counter.

• In return, Members have agreed to pause all bans except training bans for two weeks during the good faith bargaining period and there will be a report back to the Commissioner in August.

We congratulate our Delegates and Members for this incredible display of solidarity and collective effort in fighting for improved conditions in their workplace.

Chris DeGray, Adrian Garthwaite, Tim Greaves, Tracey Bailey & Steve Tonkli

Rail safety review calls for better transparency Safety Matters

A review of Australia’s Rail Safety National Law (RSNL) has recommended that rail safety investigations be made more transparent - so that workers and the public can have more conﬁdence that safety complaints are being taken seriously.

Three of the 25 recommendations of the ﬁnal report of the Rail Safety National Law, which was conducted by the National Transport Commission, were directly related to the transparency of rail safety investigations.

National Secretary Alex Claassens said the review was instigated by the RTBU, which wrote to all State and Territory Transport Ministers calling for a review in early 2022.

Alex said the RTBU’s concerns included:

• the transparency of ONRSR decisions and investigative processes:

• the appropriateness of the ‘coregulatory’ model;

• ONRSRS’s independence from industry; and

• the overlap of RSNL and Workplace Health and Safety (WHS) laws, and how the role of the Regulator is deﬁned.

“Branch Secretaries followed up the letters by meeting directly with all the relevant Ministers to argue our case,” Alex said.

“We received a very positive response, with the Transport Ministers agreeing to commission a national rail safety review. The Terms of Reference for the review addressed all the issues we raised.”

Once the review process started, National O ce met with the review team several times and also provided a detailed written submission.

The NSW Locomotive Division played a critical role in preparing a submission, and making sure members had direct input into the review.

The ﬁnal review was endorsed by the Federal, State and Territory

Transport Ministers in June, and released to the public shortly afterwards.

“While we didn’t get everything we wanted, the vast majority of the points the union raised were reﬂected in the recommendations,” Alex said.

“Critically, the review addressed the issue of transparency, acknowledged the cross-over between the RSNL and WHS laws, and sought to strengthen and guide the role of the Regulator.

“The next step is to take these recommendations and turn them into draft laws, which will then have to be agreed to by the State and Federal Transport Ministers.

“There is still a lot of work to do, but the RTBU will continue to be involved as a stakeholder in the drafting process.”

Alex said the review and the upcoming changes to rail safety laws would not have happened if it wasn’t for the advocacy of our national all-grades union and the work of our previous National Secretary, Mark Diamond who spearheaded the campaign and changes along with members of the National Office team.

“Rail safety is critical for our members, so we used the full force and capacity of our national union to argue the case for change.

“One division or one branch on its own could not have brought all the country’s transport ministers together and achieved a consensus on how to improve rail safety.

“This is a perfect example of how we are stronger together, and how a united national union delivers for all workers in our industries.”

SOME OF THE KEY RECOMMENDATIONS OF THE REVIEW INCLUDE:

• That consultation provisions in the RSNL to be strengthened (including the possible addition of offences) to require employers to demonstrate that meaningful consultation with affected workers and unions on any proposed change to safety management systems (SMS) or accreditation has occurred.

• Establish a positive obligation in the RSNL to ensure rail safety workers have access to aspects of a Registered Training Organisation’s Safety Management System that impacts them and/or their work.

• The Regulator implements a feedback loop to ensure parties who raise critical safety issues are acknowledged, considered, and responded to in a timely manner.

• It be clariﬁed that the scope of the RSNL focuses on matters pertaining to the movement of a train and railway operations, while matters pertaining to workstation ergonomics, worker health and safety unrelated to railway operations, and similar adjacent issues should be managed under WHS legislation.

• The RSNL be amended to include additional provisions to embed interoperability outcomes in the RSNL, and to compel decision makers and duty holders to consider impacts on adjacent networks and the national network more broadly to achieve required interoperability outcomes.

• Establish a set of national competencies that would be recognised by all Registered Training Organisations [including] … national safeworking rules, and ensuring changes are made at a national level.

Farewell and Best Retirement Wishes to Valued Members of the Signaller Sub-Division

A Bittersweet Congratulations and Farewell to Karen Robertson; Proud Wyong Signaller and Unionist.

Well-known Wyong Area Controller Karen Robertson has decided to retire after over 20 years of service to the Railways. Karen had devoted many years of service to the chosen craft of signalling and equally to unionism.

Karen was always willing to support her fellow unionists and was always active in campaigns, whether that was attending rallies to stop the Newcastle heavy rail from being ripped up or blocking the NIF as part of the protected industrial action during the ﬁght during the 2022 Enterprise Agreement campaign. Karen will always be remembered for spotting Sydney Trains being tricky attempting to move the NIF under a different run number.

As the North Delegate of the Signallers Sub-Division, Karen has been a pillar of strength and a voice for many. Her role in the RTBU Women’s Campaign Committee and her active participation in events like the Women in Male Dominated Occupations and Industries (WIMDOI) where Karen performed a “Bradbury” (an unexpected or unusual success) by winning the inaugural Talent quest trophy. All the above has earned Karen the respect and admiration of many. Karen’s contributions have not gone unnoticed, and we are all grateful for her service.

We wish Karen all the best in the future and assure her that we will genuinely miss her enthusiasm towards the union movement and industrial actions.

Shane Smith

Branch President Craig Turner congratulated CSA Shane Smith on his retirement- and his 46 years as a member of the RTBU.

Northern Region Railway Retirement

The Northern Region Railway Retirement is held in July annually, and this year was another great turn out. Many thanks go to Greg Dawson, Darryl Etherington and Kat Heaver for organising such a successful event.

YEARS OF SERVICE:

• Chris Mateer

Duty Manager – 48 years

• Paul Wolthers

Driver (Gosford) – 43 years

• Peter Behan

Driver (Gosford) – 50 years

• Mark Hawkins

Driver (Newcastle) – 39 years

• Wes Kirk

Driver (Newcastle) – 15 years

• Alison Denness

Guard (Newcastle) – 24 years

• Mario D’Angelo

Guard (Newcastle) – 54 years

Craig Turner(RTBU) , Kevin Pryor(RTBU), Chris Mateer, Paul Wolthers, Peter Behan, Greg Dawson (Northern Region Railway Retirement)

Mark Hawkins, Wes Kirk, Alison Denness , Mario D’Angelo.

RTBU member and archer makes Olympic debut at Paris 2024

RTBU members achieve some incredible things both at work and outside of it and Sydney Trains member, Peter Boukouvalas, is certainly an example of that.

Peter, who is just 25 years old, recently competed in the Paris Olympics as part of the Australian archery team.

Peter, who is a proud RTBU member and customer service attendant for Sydney Trains, was one of two Aussie archers to head to the Olympics, competing in both the men’s individual and the archery mixed team event with team mate Laura Paeglis.

Paris is a long way from St Peters stations, where Peter works, but he told some of the media following his journey that there are actually some transferable skills between archery and a job at Sydney Trains, including a commitment to routine and discipline.

Before Peter headed off to Paris, he was proudly presented with an RTBU hoodie.

Toby Warnes, RTBU NSW Secretary, said while the Paris summer probably wasn’t conducive to hoodie-wearing, he hoped Peter saw the gift as a sign of the union’s complete backing of him.

“We couldn’t be prouder of Peter and his efforts in Paris,” Toby said.

“There were a lot of RTBU members glued to their screens late into the night cheering him on.

“Now we’re gearing up to watch him again in LA and then Brisbane 2032. Being the first RTBU member to win a medal at the Olympics would be a pretty special feat!”

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

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

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 of Applicant

Dated

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

2. I/We authorise and request the Australian Rail, Tram and Bus Industry Union, until further notice in writing to arrange for my/ our account described in this direct debit authority, to be debited with any amounts which the debit user may properly debit or charge me/us through the direct debit system.

3. I/We authorise my employer to notify the Australian Rail, Tram and Bus Industry Union of any change of address during my employment.

4. I/We authorise and request this direct debit authority to remain in force until cancelled, deferred or otherwise altered in accordance with this service agreement.

Signature of Applicant

Dated

IMPORTANT

PLEASE KEEP THE FOLLOWING FOR YOUR REFERENCE

RESIGNATION FROM MEMBERSHIP

OF THE RTBU

1. A member may resign from membership of the Union by written notice addressed and delivered to the Secretary of his/her Branch.

2. A notice of resignation from membership of the Union takes effect:–

(a) where the member ceases to be eligible to become or remain a member of the Union

(i) on the day on which the notice is received by the Union or

(ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member, whichever is later; or

(b) In any other case:–

(i)at the end of two weeks; or

(ii)on the day specified in the notice: whichever is later.

3. Any subscriptions, fees, fines and levies owing but not paid by a former member of the Union in relation to a period before the member’s resignation took effect, may be sued for and recovered in the name of the Union in a Court of competent jurisdiction, as a debt due to the Union.

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

5. A notice of resignation that has been received by the Union is not invalid because it was not addressed and delivered the Branch Secretary.

6. Resignation from membership of the Union is valid even if it is not affected in accordance with this Rule, if the member is informed in writing by or on behalf of the Union that the resignation has been accepted.

What happens if I get pregnant, sick for an extended period or take leave without pay?

If you are on unpaid maternity leave, sick or are off work for a substantial period of time you can seek to have your membership fees suspended until you return to work by giving written notice addressed and delivered to the Secretary of his/her Branch under Clause 11 (8):

(8) Notwithstanding the foregoing provisions of this Rule, should any member during any financial year be without pay owing to ill health or to other causes which a Branch Executive regards as warranting special consideration, then the Branch Executive may grant the member exemption from payment of all or any contributions imposed in accordance with the Rules for all or part of the period during which he/ she is without pay. During the period of the exemption, the member shall be deemed to be financial.

The Rail, Tram and Bus Union is bound by the Privacy Act and your information can only used for RTBU processes and cannot be used for any other purposes.

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

Helping RTBU Members plan for retirement

Whether retirement is 2 or 20 years away, Aware Super can help you maximise your savings and get retirement ready.

Our digital Retirement Guide has plenty of tips, advice and real member stories, plus a helpful checklist to guide you every step of the way. With super advice and super returns Aware Super is super helpful.