The Wheel Magazine - Autumn 2022

UNION SHOPPER SAVES YOU HEAPS!

And it’s fully included as part of your Union Membership!

Union Shopper is one of the many additional benefits available to you as a member of the Transport Workers Union.

A 100% union-owned organisation, Union Shopper utilises the collective bargaining power of unions across Australia to provide great benefits and savings to members and their families. Union Shopper has been looking after members since 1975, saving money for members every day and is fully endorsed by the ACTU.

Union Shopper offers many benefits, including discounted gift cards, wine, electrical, new cars, travel, entertainment, finance and computers with members enjoying unlimited use of these discounts and services. Not to mention hundreds of offers available for activities.

On average, if members make one relatively large purchase or a few smaller purchases through Union Shopper, the

savings they receive will be in excess of their union fees for the year. That’s why Union Shopper is the number one nonindustrial reason for union membership!

Union Shopper’s Electrical Purchasing Service is one of its most popular moneysaving services, providing members with savings on televisions, fridges, dishwashers, cameras, computers, whipper snippers, coffee machines and more. Union Shopper members save an average of 26% off the ticketed price on whitegoods and electrical purchases when purchasing through The Good Guys Commercial team. Register on the Union Shopper website and create an account with The Good Guys to check out the pricing.

Union Shopper can help you secure your next new car at the best possible price. Remove the stress of negotiating with car dealers and let ‘Best Price for Cars’ do

the work for you, from your initial enquiry through to delivery, including all optional extras. ‘Best Price for Cars’ saves TWU members thousands of dollars on the purchase of vehicles.

From insurance to theme park tickets, groceries to wine, and car servicing to holiday costs, Union Shopper has a huge range of discounted products and services for members to enjoy.

Union Shopper reduces holiday costs, with a number of hotels and resorts offering discounted rates for members, and Hertz providing members with ‘mate’s rates’ on car hire.

Looking for a gift? Then why not purchase an e-gift card. Choose from one of Union Shopper’s large list of suppliers.

To find out more about the Union Shopper service simply visit www.unionshopper. com.au or phone us on 1300 368 117.

A UNITED FRONT ON SAFE

Transport workers around the world and across many industries have faced incredible pressures during the pandemic.

On top of the Christmas-like demand transport workers have experienced every week during the last two years, in January we saw supply chains crippled because of Scott Morrison’s arrogant refusal to listen to workers last year.

The TWU called on politicians to implement as a priority:

1 Free rapid tests for all supply chain workers;

2 Regulation of the gig economy to protect secure jobs; and

3 Mandatory consultation with workers on policy changes which may disrupt supply chains

Workers warned the Federal Government in October 2021 that easing restrictions would see COVID explode in transport supply chains, which meant politicians needed to provide free rapid tests to keep workers safe. The arrival of Omicron in Australia set off a virus bomb, sending more transport workers to their sickbeds than ever before because the Federal Government hadn’t provided the tools necessary to keep workers safe.

Morrison’s panic-stricken response was a horror show. First, he sent those most likely carrying the virus back into the workplace, then tried to make snap rule changes to forklift and truck licencing in Australia’s deadliest industry. We, along with other unions and activists, slammed this move and National Cabinet thankfully shot down the attempt to rush teenagers onto forklifts to plug gaps, while truck licencing changes will be discussed further.

Workers are industry experts –they’re the ones who know how to work safely and whose voices should be leading the response. That’s why the TWU’s partnerships with other unions in Australia and overseas have never been more important for pursuing safe, secure jobs for transport workers.

The Retail Supply Chain Alliance (RSCA) – made up of the TWU, the AWU and the SDA – represents workers throughout supply chains, from the farms to the stores. After Omicron, closely followed by severe flooding, and Morrison’s refusal to listen to workers, we took our set of Supply Chain Safety Principles to Canberra. We called on politicians to implement as a priority:

- Free rapid tests for all supply chain workers;

- Regulation of the gig economy to protect secure jobs; and

- Mandatory consultation with workers on policy changes which may disrupt supply chains

We’ve seen again and again throughout the pandemic and now

through major floods that transport is crucial in keeping our country running. Transport workers need a seat at the table to make sure hair-brained decisions by politicians won’t make your challenging jobs even more difficult.

Australian transport workers aren’t just leading the debate on supply chain safety at home – we are doing so on a global stage.

Recently, TWU National Secretary Michael Kaine and NSW/ QLD Secretary Richard Olsen joined other transport union representatives from around the world to discuss the global fight for safe rates, the importance of road safety and a fair postCOVID recovery in transport at the International Transport Federation’s Extraordinary Road Transport Section Steering Committee Meeting in Washington DC. With global threats like Amazon Flex and other undercutting players, these partnerships are crucial and the success of Australian transport workers in fighting for a fairer industry is inspiring other workers across the world.

Ultimately, we will continue the fight to create supply chains that are fairer and safer. Transport workers have always been prepared to speak truth to power, and that’s never been more important than during COVID, floods and international unrest. By using our collective strength, we’ll ensure the experiences of our transport pandemic heroes are heard in the halls of power – both at home and overseas.

DON’T IGNORE THE YAWNING SIGNS

80% of Fatigue related crashes are on country roads. Take a break every 2 hours and swap drivers regularly.

THE TRANSPORT INDUSTRY MUST UNITE! AGAINST GIG ECONOMY BEHEMOTHS

The amazon effect is driving rates down, but if the transport industry united against the gig economy together we can stop the race to the bottom.

In 2021, transport workers from major multinational companies stood together, to secure the future for thousands of workers in road transport while achieving improvements to pay, superannuation and employment conditions.

For the first time, workers came together as an industry and fought as one against great adversity: a once in a century global pandemic, supply chain pressure from wealthy clients, an insecure work crisis, and threats to jobs, pay and conditions posed by undercutting players like Amazon Flex. Bargaining in this environment meant that maintaining wages and conditions would be tough, let alone locking in job security. But the TWU did.

Maintaining and enhancing Job Security was at the heart of the 2021 Industrial Campaign. Without comprehensive job security provisions ensuring protections such as maintaining access to overtime and preventing jobs from being outsourced, good pay rates and conditions are next to meaningless.

In early October, the TWU reached a deal with Toll & Linfox that incorporated an industry-first 15% superannuation rate and enhanced job security protections such as the same pay for outside hires as for direct employees.

The success of the union’s campaign meant Toll drivers will get an initial pay rise of 2.75% and a second wage increase in line with the inflation rate up to 4% before mid-2023.

Linfox drivers won a similar package with an initial increase of 2.5% back paid from July 2021 and a second wage increase in line with inflation of up to 4% before mid2023.

In just two years, the TWU aims to build on this strength and pull more transport workers into the industry fight to lift standards with the aim to make transport safer, fairer, and more secure. Gaining job security provisions including, full utilisation, ratios in distributions centres and company fleet levels and minimum, sustainable rates for fleet operators and owner drivers in many of these major agreements.

Report by State Secretary TIM DAWSON

Minister’s desk. A landmark Senate report recommending an independent body to create and enforce minimum standards in transport, which would also tackle the ‘Amazon Effect’ that is crushing the industry.

These union agreements, forged from collective action, will make a huge difference in the lives of our members and of owner-operators trying to make a quid in the transport industry.

It’s the Amazon-effect that is driving rates down.

Through exploitative sham-contracting arrangements which operate outside our industrial relations system, that is undercutting the industry and forcing other operators to attack their workers to remain competitive, leading to an unsafe transport industry.

Trucking is already Australia’s deadliest industry – on average, one truck driver dies on the job every 10 days.

Our roads will only get more deadly if the job security and safety conditions transport workers rely on are ripped out from under them by the Amazon Effect.

We cannot allow this system to keep dragging down standards in the transport industry.

Right now, there’s a blueprint for our industry that comes from the Senator Sterle inquiry sitting on the Prime

Already, in the early days of 2022, the industry continues to be tested as the ripple effect of the pandemic impacts global supply chains. Whether its absenteeism due to Covid, shortages of AdBlue, panic buying, or the flooding on the TransAustralian rail-line that disrupted grocery supplies into WA from the Eastern States. If consumers didn’t already have an appreciation for the work of transport workers, they should well and truly be aware of just how much impact these essential workers have on the supply chain. Transport Workers need secure jobs, safe and sustainable rates, and minimum payment times.

Transport workers need to be confident in their health and first in line for free and accessible rapid antigen tests. Our industry needs to join forces like the Transport Workers from every multinational company did in 2021 to keep those in power honest and take on these gigeconomy behemoths before its too late. Only when transport workers stand together will we change the industry. You should never undervalue your skills or your worth to the Australian economy it has never been a better time to stand up and fight for a better transport industry.

As proven by TWU members at Toll, Linfox, FedEx, StarTrack, CEVA, ACFS and Bevchain who stood up and fought for agreements that delivered wage increases, higher superannuation but more importantly job security.

Transport workers should be some of the best paid employees in Australia. You are the driving force behind the economy so why shouldn’t you lead it when it comes to your wages, conditions and job security

Join the TWU and join the fight to make your industry the leader in wages and conditions.

“Our roads will only get more deadly if the job security and safety conditions transport workers rely on are ripped out from under them by the Amazon Effect.”

TWU WA BRANCH DELEGATES FROM ACROSS THE TRANSPORT INDUSTRY FLEX THEIR STRENGTH AT T1 TRAINING THIS YEAR

LANDMARK COURIERS DECISION

Thanks to years of hard work from couriers and the TWU NSW branch, workers have achieved legislated minimum pay and standards for owner driver couriers including Amazon Flex drivers, in a world first win against gig exploitation.

In a landmark decision of the NSW Industrial Relations Commission, rates of pay for contract owner drivers of all vehicles sizes have been implemented and increased for the first time in 15 years, and will continue increasing annually over the next three years with increases up to and above $10 an hour.

This incredible win is a testament to the power of owner drivers and couriers standing together and fighting back for years against shockingly low rates of pay and greed from some of Australia’s largest logistics and courier operators.

The NSWIRC’s determination also guards against the Amazon Effect smashing road transport, by expanding covering of owner-

driver laws to gig-style Amazon Flex drivers.

This means Amazon will no longer be able to undercut traditional transport operators and owner drivers in NSW by exploiting gig

transport workers are over. We need this type of legislation right across Australia. As usual, the Federal Government is missing-inaction.

Scott Morrison has refused to take any action to lift rates and conditions, or regulate the gig economy to stop worker exploitation.

workers below minimum wage. This coupled with our job security wins across major transport companies takes a sledgehammer to the Amazon Effect attacking supply chains from both ends. With this decision, transport operators and gig behemoths are on notice: the TWU will always stand up for fair rates for transport workers, and protect the long term financial sustainability of our industry into the future. The days of trying to outsource, undercut and rip off

It’s time Scott Morrison did his job. We must keep up the fight for a national independent body with powers to set and enforce binding standards for pay and conditions in road transport.

Only then will we have a robust and modern industrial system capable of ensuring all drivers – whether they are owner drivers, employee drivers, couriers or gig workers – have access to fair and safe rates of pay.

AUDITED GENERAL PURPOSE FINANCIAL REPORT

The Audited General Purpose Financial Report of the Transport Workers Union of Australia (WA Branch) for the Financial Year ending 31st December 2021 has been prepared by our auditors, and has been presented to and endorsed by our Branch Committee of Management.

As this annual process has been completed the Report is now available on our website for the information of our members.

www.twuwa.org.au

This outstanding win in the NSW IRC is a testament to the power of owner drivers & couriers standing together & fighting back!!

“This decision puts gig economy behemoths like Amazon & Uber on notice & the days of outsourcing & undercutting are over.”

DRIVERS IN FRONT OF AMAZON IN PERTH

DON’T LEAVE YOUR

UP TO CHANCE

The original Monopoly board game, designed to teach players about the economic market, has never been more relevant than it is today.

At the start of the game, players receive their inaugural $200 salary.

As we progress into the intermediate stages of the game, players receive small pockets of rent from their properties.

This can be used to compensate for any expenses incurred when they themselves land on opposition properties.

As we move into the advanced stages of the game, the original $200 has much smaller value.

gained in unionizing and joining forces. If you have one property, you can receive a small amount of rent.

However, if you have matching properties, you can build hotels and receive much greater benefits.

Much like in a worksite or a yard, when we have all the employees, we can build wealth and create change.

As individual workers, we can make small changes, but as a unionized workplace, we can make sustainable, constructive developments.

Workers have the greatest amount of power when they stand together.

Start your engines, roll the dice, buy property, and dominate the market in WA! Drive around the state in the ultimate transport workers’ board game. Whether you choose to drive a truck, forklift or plane, the custom TWU WA Monopoly set is the only game you’ll be playing with family and friends.

Featuring iconic landmarks such as Elizabeth Quay Bus Station and the Port of Fremantle, play to own them all.

Where train stations like Kings Cross would normally reside on the board, this transport edition prefers annual TWU meetings in various locations such as the Perth Metro or the Southwest. If you stumble upon a Chance or Community Chest card, you may be enticed to visit the UnionsWA Perth Office or advance to Perth Airport.

You’re going to need The Driving Force to make it back to ‘Go’ when you’re playing five of your friends or colleagues and racing against the traffic.

In order to pay for expensive hotel rents that you might be dealt, the player requires increased salary from their own properties.

The measly $200 simply does not cut it. Likewise, we see the same phenomenon occurring in real life. As our expenses rise due to external economic factors, we must compensate for that increased expense with an increased salary.

You cannot win Monopoly simply by receiving the same $200 income for the whole game.

We cannot survive in this world if our incomes are stagnant.

As the Consumer Price Index reflects rising inflation so too must our wages, for workers to compete and keep up in the game of life.

Another lesson we learn from Monopoly is the importance of unifying workplaces. Monopoly teaches us about the power

An economist and a unionist might propose that life is like a game of Monopoly; in order to succeed, we must stick together, work towards a common goal, and keep up with competitors. This TWU WA transport edition proves that.

“You cannot win Monopoly simply by receiving the same $200 income for the whole game. We cannot survive in this world if our incomes are stagnant. .”

CONGRATULATIONS

COST OF LIVING PRESSURES CONTINUE TO RISE, WHILE THE FEDERAL GOVERNMENT IS MISSING IN ACTION AND

HOLD A HOSE MATE!

goods and services rise indefinitely, workers must be compensated financially.

However, this is not the case.

The Wage Price Index (WPI) in WA sits at just 2%, compared to the national average of 2.3%.

Consequently, we are existing in an economy wherein prices are increasing at an unsustainable rate, while wages are remaining relatively stagnant.

Report by State Secretary TIM DAWSON

It is time transport workers demanded adequate financial recognition for this service. It is time transport workers that are not receiving wage increases or have agreements that don’t include CPI protection to stand up, join their union and fight.

This can only be achieved through collective bargaining, hard fights and by leveraging our positions.

The recurring headlines that are splashed across newsfeeds the past few months include terms like “The Great Resignation”, “shortage of workers” and “falling real wages”.

How can these headlines exist in the same economy, where there is a shortage of workers, but a relatively deflating wage index?

We are taught that when a good or service is in high demand, the value of it increases, however that very simple principle is not being bolstered by Josh Frydenberg, the RBA or this conservative Liberal Government regressive policies.

The figures tell the story: in 2021, the annual CPI was 3.5%, exceeding the national RBA target band of 2-3%.This would not have been possible if it was not for the work of the TWU and transport workers negotiating wage increases into our agreements that protect against CPI increases above higher CPI (X% or CPI which ever is the highest).

December 2020 to December 2021 Perth recorded an annual inflation rise of 5.7%, one of the highest of any capital cities in the country.

Throughout the 12 months of 2021, Perth households lost the State Government funded ‘electricity credit’ scheme provided during the pandemic, and fell victim to the sky-rocketing expenses associated with the automobile and petroleum sectors.

Living in Perth is becoming increasingly expensive, and as the prices of

The ACTU Secretary Sally McManus describes this phenomenon as “the worst real terms wage cut in 20 years” and asserts that “Scott Morrison has no answers”.

In the December 2021 period, Enterprise Bargaining Agreements accounted for nearly 40% of contributions to the increase in WPI, as unions like your TWU continue to set the standard for wage increases in the transport industry.

It is evidence of the important role unions play in increasing working conditions for all Australians.

Now, in this warped economy, we cannot afford to rely on the flailing and unreliable policies from the Government.

As union presence continues to grow in yards and workplaces, we will continue to support your fight in achieving pay rises and wage increases and contribute to an overall increase in national WPI.

The shortage of transport workers in spite of the increasing demand for their roles has been just another side-effect of COVID-19 and borders.

We have seen transport workers heralded as heroes by Australians throughout the pandemic, as supply chains tug on one another.

Again, Western Australians saw this more than anyone, during the collapse of the TransAustralian Railway Line.

Western Australians are constantly reminded of the essential service transport workers play in our society that is living in the most isolated city in the world.

Only when you Unite to Fight will you achieve what you rightfully deserve a welldeserved increase.

Join the TWU today and unite your workplace for better standards of living for all.

Join today: www.twu.com.au/join

“It is time that transport workers demanded adequate financial recognition for the essential service they provide.”

WON’T

Meanwhile Unions, like your TWU, are fighting back against cost of living & fighting for wage rises across the industry.

DRIVERS AT ALLEGO LOOKING FORWARD TO THEIR UNION WON WAGE INCREASE & BACK PAY!

THE IMPORTANCE OF TRANSPORT WORKERS CAN BE DEFINED EVERY DAY WHEN YOU’RE PICKING UP YOUR DAILY GROCERIES.

VENTIA IS INNOCENT UNTIL

It has been a long, hard fight for our court security and custodial officers against their employer Ventia. Despite recently achieving a milestone in an improved Enterprise Bargaining Agreement, the fight is not yet over.

On Friday February 18th, Ventia workers voted up a new EBA, following a huge year of negotiations.

The previous agreement, which concluded on the 24th of March 2021, had been expired for just shy of 11 months before workers were finally offered an agreement that was acceptable.

The new EBA boasts a 2.5% pay-rise and a one-off $1,000 sign on payment. Big increases to regional allowances of between 65% and 80%.

And commitments from the company to transition to a full Ventia staffed operation, moving away from the third party contractor.

The victory is well-deserved and reflective of the spirit of our Ventia members.

However, the agreement will not stick around for long, and will be renegotiated in March 2023, if Ventia retains its contract with the

Department of Corrective Services and State Government.

The Transport Workers Union will begin working towards a renewed, improved agreement in the late months of 2022.

It is the union’s top priority to ensure the outstanding demands such as pay parity for all Officers is secured in this renegotiation.

The company is notorious for failing to adequately maintain vehicles and equipment, resulting in disastrous incidences.

In the past, Ventia has been responsible for prisoner escapes in both Broome and Karratha, and more recently we saw one of its prisoner transit vehicles catch on fire in the middle of a busy roadway.

In June of 2020, Ventia was issued with issued with Performance Improvement Notices by WorkSafe after Ventia was not providing a safe work environment.

This was followed in February of 2022 with a vehicle catching fire on Ranford Road near Tonkin Highway, putting employees at extreme risk.

Additionally, as we work towards this future agreement, the TWU and Ventia workers turn the spotlight towards Workplace Health and Safety.

Over the past two decades, we have seen an array of contractors take on the role of court and custodial security in Western Australia, however few have managed to acquire the reputation of such resoundingly poor safety regulations in the way that Ventia has.

March 2017: BroadSpectrum takes over the CSCS contract from Serco undercutting the tender by $36 million

Drivers were unable to extinguish the fire, and awaited emergency services. The consequences of these incidences impact workers of course, but also risk community safety.

TWU members who speak up to the employer about these issues are often punished, and in some cases even unfairly dismissed from their positions. The remaining employees are consequently stretched thin; forced

August 2018: Federal Court buries the JBU no-stake agreement and CSCS officers begin negotiating new EBA, clawing back conditions lost when Broadspectrum won the tender.

Sept 2019: BroadSpectrum is issued $100k fine following prisoner escape

“The consequences of these incidences impact workers of course, but also risk community safety.”

What Ventia are doing to their workers is criminal, but officers vow to keep

PROVEN GUILTY

the fight alive.

to work 15–20-hour days as they commute between courthouses across the northwest, sometimes required to drive from Karratha to Roebourne to South Hedland as they are handballed between worksites.

As a result of these unacceptable workplace conditions, the company is perpetually understaffed, creating a high workload for workers, and an even higher turnover of employees.

The severe understaffing and lack of training requires long-term employees to work in demanding conditions with no extra benefit.

Inadequate training and development programs result in a lack of professionalism that exists within the company.

The outlier workers with high performance are not rewarded, but are instead punished with crushing workloads.

In fact, many employees who have managed to retain employment for an extended period of time have commented that conditions are continuously becoming worse.

In fact, the first contractor under the Court Security and Custodial Services Act 1999, the Australian Integration

2020: BroadSpectrum issued a PIN after by WorkSafe after Ventia was not providing a safe work environment.

Management Services Corporation (or AIMS for short) reportedly paid employees at a higher rate between 2001 and 2011 than Ventia pays their employees today, in 2022.

Needless to say, the cost of living and expenses has significantly increased over the past two decades, and subsequently Ventia puts its employees at financial risk by maintaining this incredibly poor wage system.

This company must be held accountable for its actions. The resolution lies in the hands of the workers, who will be given the opportunity to renegotiate with Ventia in the upcoming year.

With the support of the Transport Workers’ Union, we urge our members at Ventia to stand up, and demand their entitlements.

Workers must demand their right to

says Branch Assistant Secretary JASON WALTERS

June 2020: BroadSpectrum is bought by Ventia

be safe at work, their right to public security and their right to a fair and professional workplace.

If Ventia is unable to provide this to workers, then the responsibility falls on the State Government and the Department of Corrective Services to find a suitable alternate contractor.

We call on Bill Johnston and the Labor government to support the TWU and the workers in their fight to achieve a better workplace.

We acknowledge and celebrate the wins achieved in the first few months of 2022, with one battle over, however look forward to the fight next year, and winning the war!

January 2022: Transport vehicle catches fire on Ranford Rd, putting drivers at high risk

VENTIA TRUCK CAUGHT ON FIRE ON RANFORD RD AND WITH NO ADEQUATE FLAME RETARDANT DRIVERS WERE PUT AT RISK

TOLL’S SUPER HEROES

TOLL WORKERS’ LONG FIGHT FOR THEIR SUPER PAYS OFF says TWU Organiser CHARLIE NICHOLS

The Toll Liquid Distribution team in Rockingham has finally reached the end of their battle to acquire back lost superannuation contributions. Due to an overlooked accounting error the group did the math and found themselves 14 hours per week short of superannuation contributions for a period of six years, or the equivalent of nearly 4,400 lost hours. Following continued negotiations and protest from TWU members, moving forward the workers will receive their full 35-hour per week superannuation entitlements, as well as compensation for lost funds.

It was following this disrespectful offer the members fought back. Determined not to be rolled over by the corporate giant, the Toll Liquids workers began to escalate their industrial tactics. With the support of their union, the workers took action to lodge a dispute resolution process through the Fair Work Ombudsman and Magistrates Court. Through the cumulative action of individual workers, Toll was made aware of the motions to externally settle the dispute, and finally came to the table. It was then that the offer became more realistic to workers. And that takes us back to the present. The Toll workers were finally offered a deal that was deserving of their fight, and they have gone ahead and accepted. After years of negotiation and

disappointment, the fight has paid off and we have something to celebrate. Thank you to all the workers and members involved, and congratulations on getting what was yours all along.

The company has been pressured by employees, who even went as far as individually attempting to report the employer through official channels, such as the Australian Taxation Office. However, it was the collective action of the workforce alongside the Transport Workers’ Union through which the workers won the battle. The negotiation was voted up by workers in mid-February, as they accepted a substantial four years’ worth of superannuation, paid out at 14-15%. This wasn’t the first offer tabled, however. The workers had previously been offered six-years’ worth of superannuation, however only for 80% of the hours lost. Prior to this, the offer was even worse; just last year in 2021, the workers were offered only one-years’ worth of back-paid superannuation to make up for the six years lost. The offer was a slap in the face to workers who had already been fighting for a long time to achieve some renumeration they had lost.

ALLEGRO/GLOBAL EXPRESS IT PAYS TO BE A UNION MEMBER AT ALLEGRO

Drivers at Allegro/Global Express had a huge win, after their union official secured a commitment from Allegro to pay their back-pay in a separate pay slip.

This is a huge win where members will see more money in their pockets and less in the hands of the tax man.

“There is a risk if backpay and wages are paid together, that our members will slip into the higher tax bracket, and see less of their actual earnings.” Said TWU Organiser Charlie Nichols

This comes at a time where we are beginning to experience the cost of living deluge that is getting more difficult to keep heads above water. Petrol, groceries and bills are increasing, but real earnings are falling short.

Without TWU officials stepping in to correct this discrepancy, our members would receive less.

Proof that it really does pay to be union!!

“The offer was a slap in the face to workers who had already been fighting for a long time....”

TOLL FUEL WORKERS BAND TOGETHER FOR THEIR SUPERANNUATION ENTITLEMENTS

WITHOUT TRUCKS, AUSTRALIA

More than 6 months ago, on the 25 August 2021, myself alongside the transport industry tabled the Without Trucks Australia Stops report.

This report contained 10 comprehensive recommendations to the Federal Government which outlined a plan to create a safer and more viable, sustainable and profitable road transport industry. Developing this report began in 2019 when I was honoured to work with trainers, academics, truck drivers, owner drivers, transport operators and associations to establish a much needed Senate inquiry into the road transport industry.

The industry backed inquiry took evidence from more than 150 witnesses, including nearly 40 truckies, across 11 public hearings and had more than 120 submissions.

What was clear from the beginning of the inquiry process was that the road transport industry was (and still is) crying out for reform, however for reasons the Government has still not explained, every single Liberal and National Party Senator voted against this inquiry to try and stop it from happening.

And if that isn’t insulting enough, Scott Morrison and the current Minister for Transport – Barnaby Joyce have completely snubbed and disrespected the road transport industry by not responding to the inquiry’s report and recommendations which they received last August.

reports Senator GLENN STERLE

The Federal Government has so far only cherrypicked recommendations like the establishment of an apprenticeship scheme for road transport, but has failed to act decisively to end the social, economic and contracting pressures which make transport Australia’s deadliest industry.

I am sick and tired of seeing this Government use our essential truckies and the transport industry as a photo opportunity. They are there when it suits their own interests but couldn’t give a stuff about the day to day struggles truckies and transport operators face.

Since the Report was tabled, 87 people have died in truck-involved crashes, including 32 truck drivers. These figures mark a sharp incline in the rate of truck driver deaths, with one truckie killed on average every six days since the Inquiry made its final recommendations – an increase from the average rate over the last five years from one death every 10 days.

INTRODUCING GRAHAM TORPY

Graham comes to the TWU with 10 years working in the transport sector and previously as a TWU Delegate. Graham moved into the mining and civils industry where he spent 12 years on the tools while studying for his bachelors degree in Industrial Relations. Before coming to the TWU Graham was a member of the AMWU whilst also sitting on both the State and National council. He returns to the TWU

How much more neglect do truckies have to endure before Scott Morrison and Barnaby Joyce pull their fingers out and address the myriad of issues which confront the road transport industry?

We know that without trucks, Australia stops.

Labor will continue to consult and work closely with drivers and the industry.

To the thousands of drivers, loaders, forkies, receival staff, all of you in the road transport industry across Australia, you have our respect!

ready to advocate for members in the North West. Graham will be visiting the NW with State Secretary Tim Dawson over the coming weeks, so free to give him a call about any issues you’re having on site!

GRAHAM: 0422 838 470 or drop him an email at graham.torpy@twuwa.org.au

“I am sick and tired of seeing this Government use our essential truckies and the transport industry as a photo opportunity. ”

Why

Senator

Glenn Sterle knows our truckies deserve better.

HYGIENE BORDERS

ON THE BUSES

As we continue to navigate the impacts of COVID-19 in our workplaces, we are proud to note the wins we have had so far in 2022.

The wins can be attributed to the loud feedback from our members, who continue to voice their concerns and remain active in the fight to win safety and financial concessions from the State Government.

“The wins can be attributed to the loud feedback from our members, who continue to voice their concerns and remain active in the fight.”

While at first, we were met with resistance by the State Government, the overwhelming collective force of drivers was impossible to ignore. The campaign included members sending over 500 letters to the Minister for Transport Rita Saffioti, as well as members signing off on hazard reports about face-to-face interactions with customers, sent to their employers. We are now twoyears into this pandemic, and the fight has been long and tiring. However, through this hard campaigning, we were able to achieve the bulk our seven-point plan. Unprecedented protections for drivers such as taping off the front row of seats, directing passengers to exit via rear doors, regular in-depth cleaning of high touch point areas, and the provision of N95 masks and RATS supplied by employers have made the victory that much sweeter.

The protection that was hardest to achieve was the transition to a cashless public transport system. Putting aside the risk of COVID-19 transmission associated with cash payments, cashless public transport systems around the world provide evidence of increased efficiency and decreased boarding times, decreased timetable delay, and importantly, lower rates of robberies or violent behaviour towards bus drivers. Due

to the pandemic, between February 2020 and February 2021, the proportion of cashless businesses in Australia grew from just over 8% to 25%. Bus drivers should be entitled to the same protections as hospitality workers, retail attendants and small business owners all over Australia, who do not accept cash. Our win came after the border reopening on March 3rd, as bus drivers refused to handle cash, forcing the Government’s hand. Once again, this shows what happens when union members act collectively and are willing to do whatever it takes to win.

STOP PRESS

Thanks to the campaigning efforts of WA Bus drivers, the State Government has additionally announced special Covid Leave arrangements for bus drivers if you are required to isolate due to a positive test or deemed a close contact.

WA BUS DRIVERS WON THE FRONT SEATS TAPED OFF TO MINIMISE INTERACTIONS WITH THE DRIVER. PUTTING SAFETY AND CONFIDENCE OF DRIVERS IN THEIR WORKPLACE FIRST, AS WE FACE THE NEXT WAVE OF THE GLOBAL PANDEMIC.

TIPS FOR DRIVERS

Here is what you can say if you’re in this situation; obligated to accept “legal tender”: a provider of goods or services (or in this case, Swan/ Transdev/Path Transit) is at liberty to set the commercial terms upon which payment will take place before the ‘contract’ for supply of the goods or services is entered into (ie. Before the passenger rides the bus). For example, some vending machines or

parking meters indicate by signs that they will not accept low denomination coins. If a provider of goods or services specifies other means of payment prior to the contract, then there is usually no obligation for legal tender (in this case, any form of cash) to be accepted as payment. This has been written into Australian legislation, even prior to the pandemic.

EA SWAN

The Swan Transit members have been negotiating with their employer over the last few months, but have unfortunately made little headway. Swan refuses to come to the table, even going so far as to hire an independent representative to negotiate on their behalf. The disrespectful tone of this blatant refusal is not missed by workers and their union representatives. In fact, it is one of the EBA conditions that they are fighting for. Alongside the generic better pay and conditions, the Swan workers are also fighting for what many would consider the bare minimum: respect from Swan. But still, to date, Swan has refused to be in the room.

Alongside this, the workers also fight for greater contribution to the nature of their workplace through proper consultative measures, a better work-life balance through rostering provisions and a rostering committee, and industrial rights that provide better release clauses for Union Delegates and access to trainees during their training school.

The sour negotiation process has left members disgruntled and feeling disrespected, and as the bargaining continues, it seems unlikely Swan will move to accept any of the demands. This will leave many bus drivers reassessing their options, and the viability of Swan as a long-term employer.

INTRODUCING: CHRIS GIBBS

I’m Chris Gibbs, and I’ve been a bus driver since 2007. I started out with Transdev in Fremantle, where I gained 5 years of experience, before moving to the Rockingham Depot where I have been for the last 10 years. For the entire duration of my career, I have been a part of the Transport Workers’ Union. This gave me a variety of opportunities to shape my workplace, including as a member of the Driver Consultative Committee, as a Health and Safety Officer at Transdev, and proudly as an active delegate for the TWU for a period of 5 years. During my time as a delegate, I led Enterprise Agreement negotiations with Transdev, which involved us taking members out of the gate.

PATH KALAMUNDA EA

Meanwhile in Kalamunda, another Enterprise Agreement is being negotiated, by Path employees. Their Enterprise Agreement has been voted down for the second time, and no date has been set for a following meeting or renegotiation. The members are awaiting an offer that will resolve a variety of issues such as superannuation, 5 over 6 rostering provisions, and guaranteed hours of new part-time employees.

The members have been met with resistance from their employer Path, but also from fellow workers. Misinformation has been spread by those not aligned with the Union, with social politics in the workplace taking advantage of the tumultuous situation. It is clear that a majority of the workers who disparage the work of the union are only in it for self-gain. We are hoping to find a resolution on the Agreement in the coming weeks, and will keep members updated as the situation progresses.

As a driver, the reason I joined the union was because I wanted to build a better working environment to make sure workers are looked after. Following years of fighting for better pay and conditions, I became a delegate, hoping to have a greater voice and to look after my fellow drivers’ wellbeing. My purpose is to always help drivers whenever I can, to be someone they can confide in, and to project their voices.

The transition from delegate into organising has been an immersive and rewarding experience. I would like to carry on what Mark has built up and use that as a platform to build the union membership and make us stronger. I hope to do this by targeting the depots we are light in numbers, and recruiting more delegates in areas we need to gain strength. Alongside my members, I am confident we will continue adding to the great wins we have had recently, while improving working conditions for all of Western Australian bus-drivers. As our membership continues to grow, I am excited for the future, as we continue to grow stronger and bolder in negotiations with the Government, PTA and company managers.

QUBE PICTON

Qube Members from Geraldton, Kwinana, Picton and Muchea prepare to engage their employer in bargaining shortly. Last time, Qube tried to erode a number of conditions and we expect the same to happen this time. Members are actively talking to non-members about joining their Union and being prepared to fight.

CARLYLE ANDREWS

CARLYLE’S FRESH FROM THE FLOOR AND WORKING AS OUR NEW TWU ORGANISER

I’m Carlyle Andrews and I started working at the TWU in July 2021.

I first joined the TWU as a member more than 20 years ago when I started working in the transport industry. I’ve worked at many different roles for different companies including as a subbie for QFX then becoming an employee driver at Toll Express.

In the past 8 months the team at the TWU have helped and guided me as I transitioned from being a delegate at Toll, which is now Allegro Express to an Organiser for the TWU.

I have been welcomed by the team who are very supportive and helpful.

In taking on this role, I have been able to experience the strong

union presence that exists in a lot of the yards throughout the transport industry.

Some of the companies that I have been assigned to are HANSON, which I have found to be very strong yards right across the metro area and are continuing to grow in their numbers.

I am looking forward to working with our delegates and members at Hanson and helping to assist them with workplace health and safety issues.

DHL at Dawson Rd Perth Airport have also turned their yard around creating a very strong union presence in their workplace as they are about to enter negotiations for a new Enterprise Agreement. The drivers are sticking together to get the best deal at the bargaining

table. Keep up the good work ladies and gents.

The Owner Drivers at Allegro Fast have had enough of their low wages and are standing up and fighting for better rates and a higher fuel levy. Other companies are paying anywhere from 7.5% to 11% fuel levey compared to 4% which Allegro Fast are willing to pay and that is with a 2% increase of which the management said they will not move on. Then there is the hourly rate increase of 88 cents to $1 depending on what size of truck they drive and whilst you’re thinking the 2% hourly increase is not too bad, these drivers have not had an increase in 10 years, so you can imagine where they sit on the ladder compared to the rest of the industry.

Allegro Fast “Owner Drivers” have had enough of their low wages and are standing up and fighting for better rates.”

CARLYLE ANDREWS

Come on Allegro lift your game, look after your workers!!

We’re also in the throes of bargaining at Tip Top and have recently submitted the worker’s log of claims to the company.

We’re not asking for much, wages that keep up with the cost of living and more defined job security, so workers know they have a reliable job to come to every day.

The TWU has some great delegates at Tip Top who are making important progress at building power at their site.

Delegates Ian O’Halloran, Steve Wotton and Henri Zace are building on the hard work

work at getting Tip Top up to scratch.

I’m excited to work at the TWU and work with members and delegates at the various sites covered by the union.

If you ever need me or want to get in touch, I’m available on 0408 090 884

RAND DRIVERS WANT TO BARGAIN

TWU Members at Rand are petitioning their employers to get to the table for negotiaions. After numerous converations, emails and phone calls with management have fallen on deaf ears, the drivers have decided to take matters into their own hands and circulate a petition at Hazelmere, Osbourne Park and CanningVale depots calling for management to begin bargaining. These drivers are sticking together, joining their union and asking for a fair go!

TWU Delegate Mark Mir was doing at Tip Top, and the TWU would like to acknowledge Mark for all his hard

HE TEAM AT DHL ARE STICKING TOGETHER TO GET THE BEST RESULTS AT THE BARGAINING TABLE

SISTERS ARE DOING

Celebrating International Working Womens Day on March 8 and the contributions

March 8th is International Women’s Day which aims to celebrate the social, economic, cultural and political achievements of women across the globe. The Australian transport industry has a largely male workforce, with only about 17% of women in transport roles.

Approximately 3% of Australian Truck Drivers are female. With road transport, logistics, warehousing and stevedoring employment growth projected to increase 4.6% by 2027, there will be more and more job openings for women eager to enter the industry. To

celebrate the amazing women who currently work within the transport industry we wanted to spotlight working women of the TWU and how their contributions to the industry is helping grow the number of Female drivers in Australia.

WA BRANCH’S FIRST FEMALE VICE PRESIDENT

regional airline of Virgin Australia, that services the FIFO workforce and North West of WA. A role she has been working in for 22 years, 20 of those years serving as a union rep. “Growing up in Belmont and seeing the planes fly over made me interested in working in aviation” said Jo. “Working as cabin crew is a very rewarding role, one that can be challenging and exciting and I take a great deal of pride in.”

cohesive environment having both genders work together. I’ve found a lot more work gets done, and it is better quality work too.”

The TWU recently made history, electing the first woman in WA as it’s Vice President.

The Branch Committee of Management, the board overseeing the union’s governance, elected Jo Woodford, unopposed to the leadership position after her tenure on the management board for 5 years.

The board is made up of Rank-and-File members of the Transport Workers’ Union of WA and serves to govern and make management decisions of the union. Just like most not-for-profits the Transport Workers’ Union is run by members for members and board members like Jo ensure decisions are made in the best interest of the membership.

Each board member is a transport worker and member of the union. Jo works in cabin crew for VARA, the

Jo stepped up be involved in the management of the TWU after many years of being involved in unions and ensuring the workplace has a voice. Jo is one of two women that sit on the board at the TWU, and believes it to be of great importance that women are represented in that space and have a voice. “Cabin crew is a predominantly female dominated industry and could be seen as a lot different than many other transport sites, where women only make up a fraction of the workforce” said Jo. “However, the pilots are majority male, so we’re in a unique position where we can observe the balance between genders occurring in real time with several female pilots enjoying a career amongst our flight crew.”

“The benefits of having women in traditionally male-centric work environments are 10-fold. It makes for a more harmonious balance and

Jo is also the first female Bash boss in WA, organising and facilitating the Variety Bash in her spare time. Jo has been involved in raising money for the special needs kids at Variety for over 15 years. Despite the threat of Covid, Jo has been achieving big wins for the charity that works to affect the lives of sick, disadvantaged children or children living with a disability. Jo’s impact has already paid dividends, “last year we raised over $1 million and this year we have 60 cars registered for the Bash so far, numbers we haven’t seen in quite a number of years.” The Bash will run from the 26th of August till the 3rd of September, and stops in Hyden, Frasers Range, Esperance, Bremer Bay Albany Wyalkatchem Northam and a couple of mystery locations. “We’re on track to smash some more records this year too, something the whole team is really excited about.”

Jo is looking forward to serving in a Vice President capacity on the board of the TWU and looking forward to assisting more women to work in transport for a greater representation in our industry.

IT FOR THEIR UNION!

of working women to the transport industry and vowing to keep Fighting for Fair!!

FIGHT FOR FAMILY FRIENDLY HOURS

Second-wave feminism of the 60s and 70s was entrenched in the work of labour unions, as the two social justice movements gained momentum amid the Civil Rights reform of the 20th century. Still today, the requirements for better conditions at work and greater gender equality are intertwined. As union members fight to improve their working protections and entitlements, they are also fighting to improve the conditions of women. The unions wins that brought about paid maternity leave, flexible working arrangements and workplace discrimination laws are also feminist wins. Conversely, feminist wins that allowed women to enter the workplace, earn an income and become financially independent adds value to the workplace and helps unions grow.

The Transport Workers’ Union is proud to represent the diverse and highly capable group of women in our membership. The TWU has recently been surveying and interviewing its female members, to better understand the experiences of women in transport.

We received great feedback from a variety of occupations, including aviation

workers, truck drivers, bus drivers and warehouse workers. Each having a unique and individual story with different challenges and resolutions. To acknowledge International Women’s Day, we turn the spotlight to our female members and their stories.

Our female members identified a range of pressures they experience working in transport. A significant 1 in 5 respondents identified family pressures as the top obstacle affecting women in transport. No one understands this pressure more than airport worker Rose Mackie. Rose has two jobs: the first is as a single mother of four, and the second as a Perth Airport worker with Swissport. This inundates Rose with the copious amounts of unpaid work associated with being a parent, as well as the day-to-day responsibility of being the breadwinner. The balancing act between the two worlds requires discipline and sacrifice to “overcome stigma” in the workplace, according to Rose. A common obstacle for single parents is the disrupted working hours, as Rose describes how she is forced to “make myself available for

MENTAL HEALTH IN THE WORKPLACE

Jenni Bolst is a Heavy Rigid Truck Driver.

Jenni has been a driver for 11 years. She met her partner in the industry and they now have a brilliant four year old son. When she isn’t delivering important freight in the Perth area Jenni and her family enjoy camping, playing music and trips to the beach!

We asked Jenni what she enjoys most about being a driver.“ What I like best about my job is that the cab of my truck is my office for the majority of the day. It is nice to be a regular driver to an area where all the customers know you and are happy to see you… and being able to enjoy the sunshine when it is out is pretty good too.” The pandemic has only strengthened Jenni’s love for her job as she grew to realise more than ever how

critical her work was and how essential truck drivers are to society.

We wanted to know if Jenni thought the Mental health and Wellbeing of transport workers could be improved. She believes that “checking in with people to see how they are coping and what would be of benefit to them” is important in ensuring your fellow workers or employees are ok. “You never know what people are dealing with. Taking some time out to make sure everyone gets home safe is what’s most important.”

Jenni also highlighted how Mental Health Days could help ensure drivers are feeling their best out on the roads. Jenni is a huge supporter for more Women in the industry. When she was pregnant at work she was worried about how

earlier starts”, requiring the use of “beforeand after-school care just to be able to do 8 hours, and add to the load, paying childcare fees out of pocket”. Working should not involve hidden costs or sacrifices, and our Aviation Organiser Glen works closely with Rose to ensure that we fight back to achieve greater equity for her. Rose summarises by telling us that “at the end of the day, I'm a mum first and like I said, if I didn't have the Union on my side, I probably would have been sacked by now.”

Rose’s story is just one of many in the fight to ensuring an equal and justice workplace. As the union members fight to achieve greater protections and conditions at work, they are setting precedent and paving the way for workers to follow them.

she would be treated. “I was fortunate enough to have had a good experience. To the management’s credit they handled it really well. I am also a union member and had the TWU support every step of the way.”

Jenni’s parting words – “Any ladies interested in working in transport I would encourage you to give it a go. I have only ever encountered the men in the industry being very receptive to their female co-workers. A lady truckie is always nice to see.“

2021 DELEGATE’S

Held at the Transport Worker’s Union offices in Kewdale, TWU Delegates came together for a summit, to network, hear from speakers and contribute to the forum as key delegates from across the state spoke about 2021 achievements and goals for 2022.

The beating heart of the TWU are our Delegates who are advocates and representatives for their workmates. And work tirelessly to ensure that their worksite has power when it comes to negotiations and securing wage rises or better conditions.

The TWU recognises the importance of delegates and works to promote and develop delegates at every level of their journey.

This is why holding a Delegates Summit is so important to the future of our great union.

We heard from a panel of Delegates from Toll, Allegro (Global Express), Linfox, Ceva, Bevchain, and StarTrack about the majors bargaining rounds and what walking off the job in 2021 meant to them.

We heard from TWU Assistant Secretary Nick McIntosh about the achievements of the TWU in 2021, what this means and where we are headed in 2022.

We heard from State Secretary of UnionsWA Owen Whittle about the new OH&S laws that will come into effect in March 2022 and how they will affect the jobs carried out by site Delegates and safety officers.

We heard from our dedicated sponsors, Coverforce, Slater and Gordon lawyers and TWUSUPER about their services and how sponsors can better assist delegates in their jobs.

We also got presentations from Assistant Branch Secretary Jason Walters, former bus organiser Mark Bydder, National Trainer Kari Pnacek and a special presentation from Emma Flynn, the Project Coordinator of the new Steering Healthy Minds mental health program the TWU has secured funding for from the state government.

The group also recognised individual delegates for their outstanding contributions in 2020 and 2021, being presented with awards from their peers, presented by State Secretary Tim Dawson. We reflect on the year that was 2021, and while we adjust to the new normal of a global pandemic, that has no signs of slowing down, we stand strong, we stand united, and we stand with the TWU. Bring on 2022!!

DELEGATE’S SUMMIT!

DELEGATE OF THE YEAR 2021

Ron Coleman accepts the 2021 Delegate of the Year Award for his exceptional work at STARTRACK

DELEGATE OF THE YEAR 2020

Leeanne Bolitho accepts the 2020 Delegate of the Year award for her exceptional work at Dnata & throughout the pandemic and closed borders that affected the working lives of many aviation workers!

DEDICATED DELEGATE AWARD

Cathy Jorgenson accepts a Dedicated Delegate Award for all her dedicated hard work with couriers.

TWU LEADERSHIP AWARD

Adrian ‘Red’ McKnight accepts the TWU Leadership Award for his impressive leadership displayed during Majors bargaining & at his site!

AUTOCARE ought to care...

We’re getting the wheels in motion on negotiating a new agreement with the drivers at Autocare.

The new and used car markets have been experiencing unsurpassed demand due to a prolonged global supply chain shortage. Which began with manufacturers cutting production due to predicted dire economic consequences from the pandemic. Then when they ramped manufacturing back up, a shortage of tiny, but essential, microchips then stalled production and the production and sellers have been playing catch up ever since.

Demand for automobiles is at an alltime high. Which makes the demand for these car carriers vital to supplying the vehicles to the end consumer.

These drivers’ agreement originally expired in February last year (2021) and when the TWU attempted to begin bargaining, the company went into voluntary administration.

Some careless and inappropriate decisions by the former managers had the administrators come in and clear them out replacing them with new management.

So, of course when the members took their log of claims to the new management, the first excuse as to why the company wouldn’t consider any of it was that they had just left voluntary administration.

Notwithstanding that the company had also declared a surplus of $11 million profit for the 2021 financial year. So, there should certainly be something left there for the workforce who haven’t seen a pay rise in over 2 years.

And these guys are willing to fight for it.

Our long time TWU Delegate that was working at Autocare, Ron Minnie, has retired from the industry and Stuart Napia will be taking up the reigns.

Ron did a great job with this site with virtually everyone a part of the union. We wish Ron all the very best in his retirement and welcome Stuart to the new role.

ENLARGEMENT

MainRoads has been looking at the labour shortage and has made some connections between restrictions to the network and why the industry is struggling to attract drivers.

There’s a lot that could be changed with the network that includes increasing efficiencies.

But something I’m particularly passionate about is reform to enlargement of sleeper cabs.

Bluntly, the European manufactured trucks many companies purchase for lower prices are not made for

Australians or the Australian line haul industry.

On average Aussie line haul drivers can spend as many as 150 nights sleeping in the cab of their trucks per year. I know when I was driving line haul it was a lot more than that.

The European trucks can be tight fitting and simply aren’t made to spend the amount of time the Australian line haul industry spends out on the road.

Further to that it is well know fact that there are few facilities in WA that enable truck drivers to sit down

CHRIS NELSON

“Aussie line haul drivers can spend as many as 150 nights sleeping in the cab of their trucks per year.”

AUTOCARE MEMBERS DISCUSSING THEIR LOG OF CLAIMS WITH TWU ORGANISER CHRIS NELSON

DRIVER RISK MANAGEMENT

Training a new crop of truck drivers to combat the driver shortage.

The TWU worked cohesively with the State Government and the Western Roads Federation to establish a training ground for new and upskilling truck drivers.

Located on Grogan Road near the Airport, the Driver Risk Management facility offers the resources and new training programs to aim to reduce the current driver shortage we’ve been seeing throughout the industry. These guys do it all, HR, HC, MC, load restraint, CoR training, fatigue management training and Forklift training; upgrades and new licenses. Which is exactly what the industry needs with its current difficulties in attracting and retaining drivers in the industry.

I drop by every couple of weeks to check on them. Talk to the drivers coming through about the industry and the union.

And they’re getting quite a cross section of people coming through, men and women, all ages, and all walks of life.

Which is a positive step.

The Covid fueled ‘Great Resignation’ we’re seeing happening across the world, with a steady migration from other industries, of people looking for a change or new opportunities.

Transport is an industry where there is a great deal of

OF SLEEPER CABS

and eat a meal in comfort.

As a result drivers on the road, away from home for many nights at a time, also have to prepare food in the vehicles so microwaves, fridges and freezers must be accommodated too.

Many of the European model of trucks that I drove in the past would often have the fridges stored under the beds. Which can be especially uncomfortable due to the heat generated by the fridge exhaust.

A small but high impact reform to improve the sleeping conditions

and comfort of drivers, would be achieved if the overall measurement for heavy vehicle combinations was changed so the measurement is from the king pin to the rear of the trailer.

But most of all, companies need to take into consideration that buying cheap trucks isn’t always best. Not if you want happy drivers anyways. When getting a good nights sleep is essential for fatigue management, short-term pain (on the company’s bottom line) will contribute to longterm gain (retain good drivers).

opportunity and with licenses and upgrades, there is a great deal of money to be made too.

Best of all, they’re crying for drivers. So if you’re looking for a change of scenery, or you know someone looking, upskilling your current license or getting your license could be the way to go!

Drivers report these conditions as one of the reasons for not remaining in the industry as it is a constrictive environment that has a negative effect on their state of mind over sustained periods.

Says TWU Organiser Chris Nelson

REBUILDING AVIATION

Aviation over the last two years has been filled with uncertainty. Workers have faced long stand-downs, borders opening and closing, strict testing regimes and new waves of COVID smashing confidence in travel just as the industry begins to recover. Workers have taken a massive hit. But now that the international borders are open and aircraft are back in the sky, it’s time to rebuild the industry.

A successful aviation industry is only possible when workers receive the very best pay and conditions. That’s why we are fighting for same job same pay for all aviation workers, and it’s going to take all aviation workers using our collective strength to make that happen.

For our ground workers, we are fighting on multiple fronts.

In the Federal Court, we’re continuing the fight against Qantas’ illegal outsourcing, because no company should be allowed to get away with sacking workers prepared to fight for fairer pay and conditions.

In the bargaining room, we’re negotiating agreements with ground handling companies like Menzies and Dnata; agreements that give us power in the workplace, fair pay that keeps up with inflation, and better conditions. These companies began the bargaining process trying to bring pay and conditions backwards, but we have already shown that we’re a force to be reckoned with. Standards should never go backwards, they should be lifted, and this year we’ll lay the groundwork for years to come.

Above the wing, we are strengthening our power, with our imminent merger with the Virgin Independent Pilot’s Alliance (VIPA) bringing more pilots into our fight for a safer and more secure aviation industry. At the same time, cabin crew are gearing up to bargain stronger agreements later this year which recognises that they – as aviation’s first responders – deserve fair pay with secure conditions.

What we know is that all aviation workers – whether you work above or

below the wing – face similar attacks on pay and conditions from airlines and airports at the top of supply chains. As a strong force in aviation, your TWU is building an industry fight that prioritises job security and same job same pay and conditions.

While we focus our attention on economic powers within aviation, we must also remember the role of the Federal Government in shaping a fairer industry. Under the leadership of Scott Morrison, Qantas has been written blank cheques, pocketing billions in taxpayers’ money while they indiscriminately attack workers’ pay and conditions. Dnata, Cabin Services Australia and SNP workers were stripped of JobKeeper at the eleventh hour. Virgin was left to collapse with workers rebuilding the airline and preventing a Qantas monopoly, not the government. The Federal Government must be held to account for its role in allowing good, secure aviation jobs to be attacked and outsourced.

After two years of hell, we have the power to raise standards in ports across the country and improve the lives of all aviation workers. Through strength and unity throughout the industry, we can achieve incredible things. Our path to victory is through standing together stronger than ever.

says GLEN BARRON

The pandemic closed borders have crushed the aviation industry. But like a phoenix from the ashes union members will begin rebuilding...

“All aviation workerswhether you work above or below the wing - face similar attacks on pay and conditions from airline and airports at the top of supply chains.”

THE TEAM AT AIR BP GIVE THE BIG THUMBS UP TO ENSURING SECURE AND WELL PAID JOBS

QANTAS DRAWS OUT BATTLE IN THE FEDERAL COURT

After workers’ huge win in the Federal Court last July which found that Qantas acted illegally when it outsourced over 2000 workers, the airline has – rather than apologise and reinstate workers – spent months preparing to try to overturn the decision.

In February, two days of appeal hearings were held before a full bench of the Federal Court. The law remains difficult for this case, but we defeated those odds in July and we mounted the strongest possible case to fight Qantas’ appeal, engaging one of the top barristers in the country to support our team.

The hearings made for infuriating listening, as Qantas’ lawyers again tried to present the case that the pandemic left it no choice but to outsource, and the impact on workers was just unfortunate collateral damage.

We know this isn’t true and that’s what we told the court.

Qantas outsourced under the cover of covid, which presented a “vanishing window of opportunity”. Last year, Justice Lee found that CEO of Domestic and International Andrew David’s denials in the witness stand couldn’t be relied upon, and he was right.

Throughout appeal hearings, Qantas’ expensive lawyers tried to convince the court that Andrew David did not share the same motives as his two closest associates Paul Jones and Colin Hughes,

who according to Qantas documents recommended outsourcing to prevent workers exercising their rights to bargain and take protected industrial action. It certainly paints a concerning picture of Qantas’ operations if the top executives do not share ideas, as their lawyers would have us believe.

The same executive team recently launched an attack on international cabin crew – applying to terminate their agreement to bully them into accepting a shoddy deal previously voted down by 97%. Qantas is determined to bypass enterprise bargaining under the Fair Work Act and instead act like a dictatorship. Qantas is deliberately driving a race to the bottom on wages and conditions and would rather fight costly legal battles than treat workers with respect.

That’s why the TWU also argued that Qantas should be made to reinstate workers to stop it achieving its illegal act. A reinstatement case of this scale has never been done before in Australia, making it a very difficult case to win, but we have left no stone unturned to hold Qantas to account.

“We know this isn’t true, and that’s what we told the court.”

CABIN CREW AT SYDNEY AIRPORT ON THE ANNIVERSARY OF THE FIRST COVID-19 REPATRIATION FLIGHT

NEW NATIONAL APPRECIATION FOR TRANSPORT WORKERS

If the resilience of transport workers hadn’t been challenged enough over the last two years, it has certainly been put to the test in the first quarter of 2022. Omicron obliterated supply chains and cancelled yet more flights, while flooding cutting off major freight routes right across the country. As usual, the Federal Government was nowhere to be seen.

We held Morrison to account for his refusal to listen to transport workers, leaving supply chains crippled and endangering workers on the road, in distribution centres and at airports.

In January, media exposés showed how Morrison ignored our repeated warnings last year that supply chains would crumble and aviation would be grounded again without a national plan and free supplies of rapid antigen tests for essential workers.

Morrison only ordered urgent supplies

“In a panicked attempt to compensate for his own arrogance, Morrison threw workers to the wolves.”

of RATs in January 2022, when the crisis from the Omicron wave peaked. A costly lesson for the Prime Minister on why he should listen to the experts on the ground.

In a panicked attempt to compensate for his own arrogance Morrison threw workers to the wolves, forcing close contacts back to work and making essential workplaces unsafe.

As transport workers on the East Coast were run ragged fixing the supply chain mess, those in the West were left without work when flooding took out major freight rail lines and highways.

The TWU joined forces with AWU and SDA under our Retail Supply Chain Alliance formed two years ago. We took a set of Supply Chain Safety Principles to Parliament House, calling on politicians to safeguard our essential supply chains against external shocks like natural disasters, covid variants, or

TWU National Secretary Michael Kaine reports

overseas conflict. The core principles include covid-safe workplaces with free rapid tests, regulation to tackle job insecurity and gig exploitation, and consultation to ensure workers’ voices are front and centre of policy decisions that affect their work.

As further floods ripped through the East, we again called on Deputy PM and Minister for Transport Barnaby Joyce and others to urgently enact the supply chain principles.

Meanwhile aviation, while still bumpy, is looking up. Borders reopening provided welcome relief to workers who’ve shouldered the burden of grounded planes and long stand-downs.

We’re getting to work on our plan to rebuild the industry – starting with secure jobs. The last two years have seen an enormous turnover of workers, with some displaced within the industry and many others forced to leave.

As new workers enter the airports, we know that it will be on lower wages and

conditions – particularly after Qantas’ illegal outsourcing. Now’s the time for us all to spread the word of the union and prepare to fight together with collective strength.

Our Federal Court battle against Qantas’ illegal outsourcing continues, after the airline appealed our July win with further hearings held in February. The hearings went as well as they possibly could have, supported by top barrister Noel Hutley who joined our legal team. We now await the decision from the Federal Court.

WATCH: MEDIA EXPOSE ON TWU WARNINGS IGNORED BY MORRISON

TWU ASSISTANT NATIONAL SECRETARY NICK M cINTOSH

So far this year we’ve been busy tying up the loose ends of our majors’ successes with all eight job security agreements now approved and pay rises in members’ pockets. Delegate and member guides have been prepared to highlight the significant wins that we all now have the important job of enforcing.

Our successes in the majors last year set the job security blueprint for other road transport companies in the lead up to industry bargaining in 2023. Work is underway to prepare our yards to stand together and fight for good, secure jobs right across transport. It’s time for pay and conditions to catch up.

Bargaining rounds have kicked off in aviation as the industry recovers and we build our strength throughout the

airport. We’re off to a leading start, with a strong job security agreement settled at Menzies

Queensland, setting the bar for bargaining across the rest of the company and others like Dnata.

The volatility that remains in aviation means we’re focused on locking in some key commitments now and returning to bargain again soon so workers don’t fall behind.

We’ve proven what we can achieve when we stand together. Let’s keep it up this year.

THE TIDE IS TURNING FOR FOOD DELIVERY DRIVERS

Menulog drivers win minimum rights & pay

Transport workers and the TWU have led the national fight to end the deliberate misclassification of work in the gig economy - and the tide is turning.

In 2021, Menulog announced it would commence an employment trial in the Sydney CBD for its food delivery riders and applied to the Fair Work Commission to establish a new Award to cover workers included in the trial. However, the company’s proposed Award would shift

workers onto inferior wages and conditions than the Road Transport and Distribution Award.

In a significant win for workers, the TWU successfully argued in the Commission that the Road Transport Award applies –meaning food delivery riders directly employed by Menulog are entitled to the same rights and protections as other road transport workers.

This monumental leap forward is an industry-first and a testament to the scores of riders and their supporters who have campaigned for years for enforceable rights and protections.

Ending exploitation in all its forms is core union business, and we have seen the tragic consequences when gig behemoths are allowed to run rampant without regulation: in 2020, seven food delivery workers were killed on the job.

Menulog should be congratulated for attempting to find the flexibility companies like Uber and Deliveroo claim is impossible.

The TWU is committed to working constructively with the company to implement the Award conditions.

Ultimately, without Federal regulation, gig bottom feeders like Uber and Deliveroo will continue to undercut companies like Menulog trying to do the right thing.

The Federal Government must stand toe-to-toe with these Silicon Valley behemoths and introduce an independent body to create enforceable rights for all workers regardless of their employment classification.

FOOD DELIVERY RIDERS DEMAND FORMAL INQUESTS INTO RIDER DEATHS

In 2020, the food delivery riders and the community were devastated to learn of the shocking deaths of food delivery riders killed while working in Sydney and Melbourne.

The NSW Coroner recently began looking into the deaths of four riders killed in the state: Dede Fredy, Bijoy Paul, Ik Wong, and Xiaojun Chen. They failed to include a fifth NSW death covered up at the timeBurak Dogan.

Burak’s death went unreported as a workplace death for more than a year because UberEats claimed he wasn’t riding for the company at the time of his death, despite being logged into the app and receiving orders after he died.

These deaths should never have happened, and the families of riders killed continue to grapple with the indescribable

loss of their loved ones. They deserve answers.

That’s why the TWU recently held a vigil in Sydney to remember those killed and demand the NSW Coroner commit to formal inquests into their deaths. That same day, following our action, the NSW Coroner confirmed the inquests would be continuing.

Coronial inquests would shine a light on the terrible system of gig exploitation which loads workers up with extraordinary pressure and leads to deadly consequences. It would highlight that workers have next to no workplace rights as a result of outdated laws being exploited by gig companies to rip riders off.

Should these hearings proceed and findings show the deadly pressure on riders, it must inform regulation to prevent

further tragedy. Reflection on hindsight is only powerful if it is implemented in enforceable, preventative measures to hold gig behemoths to account.

It is critical the Federal Government steps up to establish an independent body to create enforceable standards in the industry – regardless of employment status. Only then will riders have a robust system of standards that can end this devastating slaughter on our roads.

“That same day following our action, the NSW Coroner confirmed the inquests would be continuing.”

Jokes on you

An Englishman, a Scotsman and an Irish man were captured by a serial killer.

The serial killer said “I will kill you all, but as a final act of kindness I will let you each decide how I will kill you.”

The Englishman accepting his impending death said “I want to die by suffocation, but please make it quick.” So the serial killer picked up a pillow, smothered the face of the Englishman and suffocated him. He then turned to the Scotsman.

The Scotsman said “I want to die by drowning in scotch whisky.” So the serial killer filled up a bucket with whisky and held the Scotsman’s head in the bucket until he had drowned. He then turned to the Irish man.

The Irishman thought for a moment and said “I want to die by being injected with the HIV virus.” So the serial killer locked the Irishman in the room and went to find his final murder weapon. He later returned with a dirty syringe and injected it into the Irish man’s arm. The serial killer said “you may go free. The death that awaits you will be a slow and painful one.”

The Irish man looked at the serial killer as he walks out of the door and says “Haha! The joke’s on you! I was wearing a condom!”

A Heavenly Wedding

A young couple dies on their way to their wedding

On their way to get married, a young Catholic couple were involved in a fatal car accident. The couple found themselves sitting outside the Pearly Gates waiting for St. Peter to process them into Heaven.

While waiting they began to wonder; Could they possibly get married in Heaven?

When St. Peter arrived they asked him if they could get married in Heaven.

St. Peter said, ‘I don’t know. This is the first time anyone has asked. Let me go find out,’ and he left. The couple sat and waited for an answer.... for a couple of months.

While they waited, they discussed the pros and cons. If they were allowed to get married in Heaven, should they get married, what with the eternal aspect of it all?

What if it doesn’t work? Are we stuck in Heaven together forever?’

Another month passed. St. Peter finally returned, looking somewhat bedraggled.

Yes,’ he informed the couple, ‘You can get married in Heaven.’

‘Great!’ said the couple. ‘But we were just wondering; what if things don’t work out? Could we also get a divorce in Heaven?’

St. Peter, red-faced with anger, slammed his clipboard on the ground.

‘What’s wrong?’ asked the frightened couple.

‘OH, COME ON!!!’ St. Peter shouted. ‘It took me 3 months to find a priest up here! Do you have ANY idea how long it’ll take to find a lawyer?

A TRUE BLUE UNION THUG

Former WA Branch Vice President John Davis stepped down from his rank in November 2021 to let others contribute to the great WA Branch JD helped to build.

John ‘JD’ Davis recently stepped down as Vice President of the WA Branch in November 2021, after more than 40 years as a TWU Member and 30 of those years as a member of our Branch Committee of Management.

At the ripe age of 72, John still has no intention of hanging up the boots and swanning off into retirement just yet but would like to see more youth on the Branch’s Committee of Management. Passing the baton to the Branch’s new Vice President and first woman in the position, Jo Woodford.

JD is a bit of a cult hero. He has shaken hands with Prince Charles when he was in London with Senator Glenn Sterle. He has a signed book from the late former Prime Minister Bob Hawke where his good friend calls JD “one of the best union thugs [Bob Hawke] has ever met”.

JD always has been true-blue union man and will do till the day he leaves this earth.

JD has been instrumental in many TWU campaigns over the years. If it wasn’t for the campaigning efforts of JD, there wouldn’t be traffic lights on the corner of Fenton St and Kewdale Rd. “The number of accidents that were happening with cars pulling out, it was a headache for the freight drivers, so we petitioned the bureaucrats and secured funding from then Transport Minister Alannah MacTiernan for the construction of traffic signals.”

One of JD’s biggest achievements was driving a 22,000 kilometre trip around Australia in support

of Medicare. “At the time, John Howard was trying to undermine the Medicare system and Americanise it into a user-pays system.” JD went on a cross country trip talking about Medicare and it’s benefits to anyone who would listen to his story. “Bob Kucera, the then state health minister said to me, when

he was seconded to America as a police cop, the first question they would ask victims of crime was do you have private health? And if the answer was yes, they would go to the left door.

But if you said no, you would go to the right upper corridor and wait your turn.”

We wanted to recognise his powerful contribution to understand where we are today...

PASSES THE BATON

Serves to mention JD is not a big fan of the current Prime Minster, Scott Morrison though either. “He’s not much of a leader” said JD. “If he’s in WA at the time of writing this, and yet there are thousands of people suffering in the East coast because of the floods, you need to wonder where his priorities are. If he’s running an election campaign when people are suffering it’s not dissimilar to running off to Hawaii during the bushfires.”

should be acknowledged for all the work they do.”

JD has served as a Branch Committee member under 4 different secretaries and has been a huge part of the transport workers union.

We thank him for serving the amount of time he has, with

the achievements he’s had and dedication he has given to the TWU. He’s a one of a kind, true blue, union thug and you haven’t seen the last of him yet. JD would also like to recognise and acknowledge his good mate Senator Glenn Sterle, who without him, couldn’t have been achieved all he has for our Branch.

Despite the politics, JD always fights for fair. And has always gone into bat for his membership.

He loves his TWU and wants to see it thrive despite the tough industrial environment created by conservative governments over the years. His priority has and always will be recognizing the importance of delegates. “The Delegate is the main thread between the members and their union. The Delegate is in a very important position and needs to be treated with the utmost respect.” JD is very passionate about the work of the site delegates having served as his sites’ delegate for 42 years.

“Without the delegates we’d be squat. They don’t get rewarded or thanked enough for the role they do. They often spend their own time speaking to members and sorting out issues. They are the number #1 heart and soul of the union, and they

JD STANDS IN FRONT OF THE NEW FENTON ST TRAFFIC LIGHTS WITH SENATOR GLENN STERLE

A YOUNG JD IN FRONT OF FENTON ST WHEN IT WAS JUST A STOP SIGN

“JD believes in the power of Delegates and that delegates should be treated with the utmost respect.”

IN THE COURTS Watch Out For CRACKERS!

Unfair to sack worker for flattening pet galah.

An employer unfairly sacked a labourer for running over a pet galah, the FWC has held, rejecting claims that he breached a formal directive not to operate vehicles when Crackers was on the ground. The young labourer worked for small business employer for seven years until it summarily dismissed him last year for reversing over and squashing Crackers. Because Crackers previously bit him when he tried to pick him up, the labourer instead tried moving the native bird with a mop handle and a broom handle but it ran under a parked vehicle.

After failing to coax it out, the labourer said he assumed Crackers would contentedly stay there as he reversed and drove his truck to another part of the premises.

However, he failed to spot the emerging bird in his mirrors or reversing camera and ran over him.

Dunshea, which keeps various pets around the worksite, initially told the labourer not to worry about it but then summarily dismissed him the next morning.

The business operator, who had described the labourer as “part of the family”, told him during the six-minute process he had “turned into someone I despise, you’re the worst kind of person,

a person who doesn’t think about how their actions will affect other people”.

“Watch out for Crackers”

The company claimed it complied with the Small Business Fair Dismissal Code and otherwise followed due process because CCTV footage showed the labourer’s “negligence” caused Crackers’ untimely death.

Pets in workplace risky

Deputy President Nicholas Lake said he had no doubt the business operator had been deeply affected by the loss of his pet galah, but the labourer’s conduct did not constitute serious misconduct nor provide a valid reason.

“While Crackers’ death was no doubt shocking and upsetting for all involved, it was an accident,” he said, noting the labourer’s numerous attempts to assure the bird’s safety and the fact he moved the truck slowly and cautiously.

It argued the incident also directly contravened a frequently-repeated formal directive that “vehicle or plant under [the labourer’s] control was not to be operated when the bird was in [the labourer’s] vicinity on the ground and not unless direct visual contact with the bird elevated off the ground on a perch at a safe distance was established”.

The labourer denied there was such a directive in place and said the employer would simply say “Watch out for Crackers” from time to time, as the bird had run off the property and was frequently on the ground.

SICK LEAVE DUE TO COVID-19

Employers and employees have legal obligations to support workplace health and safety. Because of these obligations, employees who have COVID-19 can’t attend the workplace.

When an employee has COVID-19

Employees who have COVID-19 must not attend the workplace. They are required to self-isolate and can’t go to work until they are no longer required to isolate.

Any employee with COVID-19 should let their employer know about their situation as soon as possible.

Full-time and part-time employees can take paid sick leave if they can’t work because they have COVID-19. If they have no paid sick leave left, they should arrange with

their employer to take some other type of paid or unpaid leave.

Accessing leave during quarantine or self-isolation

Under the National Employment Standards, employees are entitled to take paid sick leave if they can’t work because of a personal illness or injury.

An employee who is required to quarantine or self-isolate because of an enforceable government direction should contact their employer to discuss leave options or flexible working arrangements. This could include:

• annual leave

• sick and carer’s leave

• unpaid leave and other paid leave

Reviewing the footage, he said it demonstrated “that Crackers’ unfortunate stroll out from under the parked vehicle placed him in front of the truck’s left wheels” and given the bird’s size and position it was “unsurprising that he was not picked up in the [labourer’s] mirror checks or by the reversing camera”. Holding also that Dunshea had no formal directive in place and that having pets around the workplace “comes with some risk”, he said “at its highest the actions of the young [labourer] may have warranted a written warning, but no more”. Finding the dismissal harsh, unjust and unreasonable and reinstatement unwarranted, Deputy President Lake said he would invite Dunshea and the labourer to make submissions on remedy.

An employee who is on, or decides to take, annual leave during a quarantine or self-isolation period can instead take their accrued sick leave if they become ill or injured. The usual rules for taking sick leave apply including:

• letting their employer know as soon as possible

• providing evidence (if required by the employer).

If you require any further information about your leave entitlements please contact your site delegate or your TWU Organiser.

“While Crackers’ death was no doubt shocking & upsetting for all involved, it was an accident.”

Froxen Crabs

A lawyer boarded an airplane in New Orleans with a box of frozen crabs and asked a blonde flight attendant to take care of them for him. She took the box and promised to put it in the crew’s refrigerator. He advised her that he was holding her personally responsible for them staying frozen, mentioning in a very haughty manner that he was a lawyer, and proceeded to rant at her about what would happen if she let them thaw out.

Needless to say, she was annoyed by his behavior. Shortly before landing in New York, she used the intercom to announce to the entire cabin, “Would the gentleman who gave me the crabs in New Orleans, please raise your hand?”

Not one hand went up... so she took them home and ate them.

Building an Ark In The 21st Century

In the year 2022, the Lord came unto Noah and said:

“Once again, the earth has become wicked and over-populated, and I see the end of all flash before me. Build another Ark and save 2 of every living thing along with a few good humans.”

He gave Noah the blueprints, saying, “You have 6 months to build the Ark before I will start the unending rain for 40 days and 40 nights.

Six months later, the Lord looked down and saw Noah weeping in his yard - but no Ark.

“Noah !” he roared. I’m about to start the rain ! Where is the Ark ?”

“Forgive me, Lord,” begged Noah, “but things have changed. “

“ I needed a building permit.

I’ve been arguing with the inspector about the need for a sprinkler system.

My neighbors claim that I’ve violated the neighborhood zoning laws by building the Ark in my yard and exceeding the height limitations.

We had to go to the Development Appeal Board for a decision.

Then the Department of Transportation demanded a bond be posted for the future costs of moving power lines and other overhead obstructions, to clear the passage for the Ark ‘s move to the sea.

I told them that the sea would be coming to us, but they would hear nothing of it. Getting the wood was another problem. There’s a ban on cutting local trees in order to save the spotted owl.

I tried to convince the environmentalists

that I needed the wood to save the owlsbut no go !

When I started gathering the animals, an animal rights’ group sued me.

They insisted that I was confining wild animals against their will.

They argued the accommodations were too restrictive, and it was cruel and inhumane to put so many animals in a confined space.

Then the EPA ruled that I couldn’t build the Ark until they’d conducted an environmental impact study on your proposed flood.

I’m still trying to resolve a complaint with the Human Rights Commission on how many minorities I’m supposed to hire for my building crew.

Immigration and Naturalization are checking the residential status of most of the people who want to work.

The trades unions say I can’t use my sons. They insist I have to hire only Union workers with Ark-building experience. To make matters worse, the Tax Office seized all my assets, claiming I’m trying to leave the country illegally with endangered species.

So, forgive me, Lord, but it would take at least 10 years for me to finish this Ark. “ Suddenly the skies cleared, the sun began to shine, and a rainbow stretched across the sky.

Noah looked up in wonder and asked, “You mean you’re not going to destroy the world?”

“No,” said the Lord. “The Government clearly beat me to it”

Archibald Strange was an honest lawyer

He was getting old, so he went to the undertaker to plan what his grave would be.

“I want it to say ‘Here lies Archibald Strange, a lawyer and an honest man,’” he said.

“I can’t do that,” replied the

undertaker, “People would think I was burying multiple people in the same grave. I’ll tell you what. It can say ‘Here lies an honest lawyer.’”

“But then they won’t know it’s me.”

“Of course they will. People will read it and say ‘That’s strange.’”

WORKERS’ WIN:

Western Australians have long envied their east coast compadres, who each year are entitled to a greater number of public holidays. The Victorian State Government observes all the national public holidays as well as an additional two in the Melbourne Cup and AFL Grand Final public holidays. This puts Western Australians on the back foot as they work through an additional three days per year compared to Victorians. However, following the passing of the Industrial Relations Legislation Amendment Bill (2021), the WA State Government has finally declared Easter Sunday as a public holiday. This brings WA’s tally up to eleven public holidays – still shy of Victoria’s decadent thirteen and Brisbane’s fourteen and a half –however it is on par with other major states such as New South Wales.

WA

deserve an extra Public Holiday

have attempted to decrease or remove the additional rates.

If you are covered by the Road Transport and Distribution Award, you will be entitled to higher penalty rates during public holidays. The two public holidays that incur the greatest rates are Good Friday and Christmas Day, which offer full-timers and part-timers 200% and casual workers 300% loading. Additionally, other state public holidays will incur full-and-parttimers a 150% penalty rate and casual workers a 250% penalty rate. If you are unsure about the penalty rates you are entitled to, you can check your Award at Fair Work, or contact your Union for information about the stipulations of your EBA agreement.

work on the weekend. It will affect these workers in one of two ways:

• Employees who are not rostered to work on that day, but who would have worked if the day was not a public holiday, should get paid for the hours that they would have otherwise worked.

• Employees who are rostered to work and do work on Easter Sunday must be paid at the rate that applies to work on a public holiday.

According to Australian Unions, “penalty rates were introduced in Australia after the union movement campaigned for them back in the 1940s”. The penalty rates associated with public holidays are aimed at financially compensating workers who may be working during inconvenient or untraditional periods. Since its inception nearly a century ago, penalty rates have been attacked by Conservative governments, who

Often, if a public holiday falls on the weekend, the day of observation will be deferred to the following Monday or Tuesday, as many Australians are already off work during the weekend. However, this ignores the experience of hundreds of thousands of workers in industries such as hospitality, retail, and transport, who often work on the weekends anyway. The new Easter Sunday public holiday will be fixed on the Sunday, and will only affect workers who would normally

This year, Good Friday will fall on the 15th of April, and Western Australians will be entitled to an unprecedented number of public holiday conditions on the Friday, the Sunday, and the Monday. We wish all our members a safe and happy Easter Long Weekend. If you are working, stay safe on the roads and reap the benefits of 80 years of penalty rates. If you are at home with families, we hope your day is filled with laughter, rest, and plenty of chocolate!

“Deferring public holidays to the Monday ignores the experience of hundreds of thousands of workers in industries such as hospitality, retail and transport, who often work the weekends anyway.”

Why

workers

“in respect of the weekly rate” “for Ft/Pt workers and for casuals, in addition to casual loading rates within the Award”

SENATE INQUIRY DEMANDS ACTION TO PROTECT JOB SECURITY

The Senate’s Job Security Inquiry has tabled its fourth interim report, calling on the Federal Government to act immediately to end the economy-wide insecure work crisis smashing secure jobs in road transport and aviation.

The Inquiry – chaired by former TWU National Secretary and Labor Senator for NSW Tony Sheldon – has examined shocking attacks on workers since it began in early 2021, including Qantas’ illegal outsourcing of ground crew and the reliance on lower paid outside hire at companies like StarTrack.

TWU National Secretary Michael Kaine has appeared at hearings alongside outsourced Qantas workers, road transport workers from major transport companies facing attacks to their job security, and rideshare drivers with no rights through gig exploitation.

Australia’s outdated laws which allow road transport and aviation companies to target the job security of workers through outsourcing, casualisation and lowhour contracts. They would also modernise our industrial laws to regulate the gig economy which threatens the long-term sustainability of transport.

and ran interference for these behemoths when brave workers shared their stories.

It’s a shameful display and confirmation of the Liberals’ and Nationals’ anti-worker agenda. It proves the Coalition –headed by Prime Minister Scott Morrison – can’t be trusted to protect secure transport jobs and just about tell workers to get lost when they call out shocking corporate behaviour.

The Inquiry will issue its final report on 30 March 2022.

The TWU has supported the Inquiry as an opportunity to give hardworking men and women in transport a strong voice in the halls of power.

The interim report recommends the Federal Government expand the scope of the Fair Work Act to make protecting secure jobs a key priority in industrial relations legislation, and empower the Commission to determine fair rates of pay for all workers regardless of their employment status.

If implemented, these reforms would drastically modernise

Disgracefully, the Federal Liberal-National Government opposed the Job Security Inquiry from the very beginning – and have mocked its important work.

In their latest dissenting report, Coalition Senators described the Inquiry as a “stunt” and a “political farce”. They attacked the TWU for calling out companies like Qantas and Amazon for attacking secure jobs

“The TWU has supported the Inquiry as an opportunity to give hardworking men and women in transport a strong voice in the halls of power.”

Motomara

Call Mike on 1800 668 662 or 0417 470 422

email: admin@motomara.com.au 2/138 Radium St Welshpool 6106

HIGH COURT RULES TRUCK DRIVERS NOT EMPLOYEES

Mr Jamsek and Mr Whitby were engaged as truck drivers by a lighting company between 1977 and 2017. They were initially engaged as employees by the company to drive trucks but in the mid 1980’s the company asked them to purchase the trucks and enter into contracts with the company for the carriage of goods. Mr Jamsek and Mr Whitby both agreed and committed the terms of the agreement and their relationship with the company into a written contract. Mr Jamsek and Mr Whitby then set up separate partnerships to operate each business with their respective wives named as partners to each business.

From then on, they would get work from the company and they would send the company invoices for their services. The revenue earned was split between husband and wife for the purposes of income tax.

In 2017 the contract for their services was terminated and Mr Jamsek and Mr Whitby commenced Court action arguing they were employees of the company and therefore owed a number of industrial entitlements such as annual leave, long service leave, and superannuation from the period they bought their own trucks, created partnerships and entered into a contract for services with the company.

The matter went through a number of a Court appeals and Mr Jamsek and Mr Whitby eventually

found themselves before the High Court of Australia.

The High Court of Australia ultimately determined that they were members of partnerships which carried on the business of providing delivery services to the company and were as such, independent contractors.

paid, regardless if they did the work or not.

The High Court’s decision is an important judgment as it tells us that although there may be a number of particular factors that point to a traditional employee and employer relationship, the written terms of a contact will be given paramount weight if there is ever a dispute as to whether you are an employee or a contractor.

The High Court pointed to a number of factors in coming to this conclusion, which included that not only that the trucks were owned by the partnerships which had their wives as being financial beneficiaries but the contract they entered into was clear in its terms that they were to provide a carriage of goods service for the company. If they did not submit an invoice, they would not have been

The High Court has made it clear that it is not enough that you are unable to exert any independence and do deliveries for several companies even over many decades, or that perhaps you wear shirt emblazoned with a certain company logo, at the end of the day it is the written terms of the contract that will determine if you are an employee or an independent contractor.

If you are in a similar situation and do not know where you stand, contact the TWU for assistance. If necessary, a referral may be made to Slater and Gordon Lawyers.

The High Court of Australia in the recent case of ZG Operations Australia & Anor v Jamsek & Ors [2022] HCA 2 has set down a decisive principle to determine whether a person is an employee or a contractor of a business.

Daniel Stojanoski, Principal Lawyer, Industrial and Employment Law, Slater and Gordon Lawyers

“It wasn’t until 2017 when the contract for their services was terminated and the parties commenced

court action.”

Daniel is the Industrial and Employment lawyer to the majority of the unions in Western Australia, including the TWU. He has been fighting for workers’ rights for more than a decade across all legal jurisdictions. Daniel heads up Slater and Gordon’s busy Western Australian Industrial and Employment law practice.

Contributed by Slater and Gordon lawyers

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Last Laugh

Free Enterprise

The European Union is proposing to build a public toilet in Brussels. They put the job out to tender. They get in 3 responses.

First in is Hans from Germany. He gets straight to the point. “I’ll build it for €30,000.”

The Eurocrat behind the desk looks up from his note pad. “Can you give us some more detail, Hans?”

“Ja! €10,000 labour, €10,000 materials, €10,000 profit for my company! - This is what free enterprise is about, ja?”

Next in is Jean from France. Dragging deeply on his crinkled Galoise,

3 Survivors

he pauses, shrugs, and finally says, staring out the window, “Alors, €60,000: €20,000 travail, €20,000 materiel, €20,000 pour moi”. The French never concede an inch on the mother tongue, even in an English-language joke. Last in is O’Shaughnessy from an unstereotyped unspecified EU Member State. “€90,000, the job is done and we’re all grand”.

The Eurocrat peers skeptically over his bifocals. “Mr O’Shaughnessy, surely you realise that this price is ... unusual? ”

“Yerra no bother, lad: 30 for you, 30 for me and we give the job to Hans!”

3 survivors of an airplane crash were walking on the desert. They were a banker, a drunkard and a miser.

All in a sudden they found a magical oil lamp, they rubbed the lamp, unexpectedly unleashing a genie, who revealed he would grant each of them three wishes.

The genie asked the banker, “What do you want?”

The banker said, “I want lots of money, lots of pretty girls, and I wanna go home!” The genie snapped his fingers, the banker was home with money and girls.

Then the genie asked the miser what his wishes were. The miser said, “I want the same!” He was home with money and girls as well.

When the genie asked the drunkard. He said, “I am thirsty, give me a bottle of cold wine first!” He got the bottle, and drank it. Then he requested again, “Another bottle of cold wine!” His wish was granted.

Then he said, “I feel wonderful! but I start to miss my friends. Can you revoke their wishes and bring them back to me?”

The genie snapped his finger. The banker and miser were back with nothing.They had to walk in the desert again.

After a while, they found another magical oil lamp, they rubbed the lamp, another genie came out and said he could grant each of them another 2 wishes.

The banker said, “I want plenty of money and going home.” He was home with money.

The miser said, “I want dozens of girls and going home.” He was home with the girls.

Again, the drunkard asked for a bottle of wine, after he drank the wine, he asked for his friends back.

They walked in the desert again. The two were angry. Finally, they found the third magical oil lamp, they rubbed the lamp, another genie came out and promised to grant each of them one last wish.

The banker and the miser were so nervous. They covered the drunkard’s mouth, spoke with one voice, “send this idiot drunkard home first!”

The genie snapped his fingers, the drunkard was home, but the two were left in the desert, crying...

You can’t trust him