TRANSPORT
WORKER
SPRING 2014 EDITION
www.twusant.com.au
TWU WIN UNFAIR DISMISAL AT TNT
CUT FUEL COSTS BY SWITCHING TO AUSTRALIAN GAS – THE TRUCKING FUEL OF THE FUTURE It’s time Australia’s transport industry turned to gas to cut its fuel costs and carbon emissions, and government needs to lend a hand, writes Gas Energy Australia’s CEO, Mike Carmody. Australian natural gas is a cheaper and cleaner alternative to diesel and should be supported as a fuel for Australian trucks. Increasing the use of natural gas as a trucking fuel is in the best interests of the trucking industry and the Australian community. Operators will save money, help Australia achieve its carbon emission reduction target, and improve our fuel security. But despite the obvious benefits, barriers to the uptake of natural gas as a transport fuel remain. This needs to change and Australian truckies can help drive this shift. CNG and LNG are around two thirds of the price of diesel, and vehicles running on CNG or LNG produce eight to 25 per cent less greenhouse gas emissions than those fuelled by unleaded petrol or diesel. Unfortunately, the upfront cost of investing in natural gas powered trucks, and a lack of locations to refuel, dissuade potential buyers. Without demand for transport natural gas, the fuelling infrastructure won’t grow, allowing diesel to maintain its market dominance. Rather than undermining the cost benefit of natural gas, as was the case when it introduced an excise on transport natural gas in 2011, the Federal Government needs to support its uptake. Helping to offset the cost of initial investment in gas powered trucks is one way the government could assist, and it’s a proposal that should be considered. Increasing Australia’s use of natural gas will also help improve the country’s fuel security. According to the 2014 report for the NRMA by John Blackburn AO, Australia’s Liquid Fuel Security Part 2, Australia is slipping towards becoming totally dependent on imported liquid fuels by 2030. We need to start using less foreign fuel and more Australian gas. We have plenty of it - the 2012 Energy White Paper estimated Australia’s natural gas reserves to be the equivalent of 184 years supply at current production rates.
Gas Energy Australia is the national peak body for Australian downstream LPG, LNG and CNG, and the advocate for these clean, affordable and abundant indigenous fuels.
Natural gas should be the natural choice for Australian transport fuel. But if the industry is to progress from its emerging phase, it needs supportive government policy and a receptive market. Transport workers can do their bit to support Australian jobs by working with government and industry to get behind the wheel of a natural gas powered truck.
Australian gaseous fuels are cheaper and less polluting than imported oil, and we have a plentiful supply. We are working to increase the use of gaseous fuels by households, businesses and industry to improve Australia’s fuel security and affordability as well as our environment. Find out more about the Association, our work and Australian gaseous fuels at gasenergyaustralia.asn.au
The Gas Energy Australia Secretariat.
TRANSPORT WORKERS’ UNION
SOUTH AUSTRALIA /NORTHERN TERRITORY BRANCH
25 Chief Street Brompton SA NT Office: Roy Avery House, Unit 3/63 Winnellie Road, Winnellie NT All correspondence should be addressed to: The Secretary Transport Workers Union of Australia, SA/NT Branch PO Box 137 Welland SA 5007 Office Holders President Bryan McIntosh Vice President Michael Vogt Branch Secretary/Treasurer Ray Wyatt Assistant Secretary Ian Smith Trustees Ian Gonsalves & Matthew Spring Branch Committee of Management Ian Gonsalves, Romana Hutchinson Peter Brammy, Neville Steed & Frank Manocchio Branch Organisers Ian Gonsalves, Matthew Spring & Elise McLay Branch Recruitment Officials Justin Lewis & Dannie Relan National Councillors Bryan McIntosh, Ray Wyatt & Romana Hutchinson (Women’s Officer)
TRANSPORT W O R K E R
Spring 2014 edition
Inside 4
TNT gets it WRONG - Another reason why it pays to be TWU
19
Woolworths Pilot Programme
TWUSUPER Liaison Officer SA: Ian Gonsalves NT: Elise McLay Contact Numbers SA Telephone: (08) 8346 4177 Facsimile: (08) 8346 8580 NT Telephone: (08) 8947 2194 Facsimile: (08) 8947 2217 SA Office PO Box 137 Welland SA 5007 Darwin Office PO Box 39721 Winnellie NT 0821 TWU website: www.twusant.com.au TWU email: info@twusant.com.au
TRANSPORT WORKER editorial staff Editor Ray Wyatt Sub-Editor Cherie Baddeley Writers Ray Wyatt, Ian Gonsalves, Ian Smith, Justin Lewis, Matthew Spring, Sam McIntosh, Edward Lawrie and Elise McLay
Regulars
2
Comment
6
Around the yards
17
Andersons
18
Noticeboard
Front Cover: Daniel McNicol Yard Delegate flying the TWU flag in Adelaide City at the Bust the Budget Rally.
Advertising Ken Banfield TRANSPORT WORKER contacts EDITORIAL INQUIRIES Telephone (08) 8346 4177 Fax (08) 8346 8580 Email info@twusant.com.au ADVERTISING INQUIRIES Telephone (08) 8212 6227 Fax (08) 8212 3982
ADVERTISER’S ALERT Adelaide Advertising Services has been appointed as the Transport Workers Union of Australia SA/NT Branch’s authorised publisher of the Transport Worker. There are individuals operating who claim to be representatives of official publications who are sending bogus advertising invoices or bogus advertising proofs to advertising of the Transport Worker. Should you be approached to place advertising or should you receive an invoice for payment of advertising, ensure you verify the company’s bona fides. In particular, any invoice or communication should carry an address, not just a PO Box, plus the name of the organisation on whose behalf the publication is published. Also, the company should be easily contactable and able to provide proof of publication. Opinions: Contributions’ and advertising opinions do not necessarily reflect the views of the Union, the Editor or publisher. PUBLISHED BY Adelaide Advertising Services 10 Floor, 118 King William Street (GPO Box 896) Adelaide SA 5001 email: adeadv@senet.com.au
Transport Worker - Spring 2014 1
● COMMENT
TOWARDS 2035
T
he past 12 months have seen our union drive change across the country.
We have taken the fight to Coles, opposed Qantas job cuts and supported Safe Rates. The Transport Workers Union has given our members a powerful voice in support of social and economic change. We have been relentless in pursuing worker power and we are committed to earning and keeping our member’s trust in acting on their behalf. TWU members are the men and women who carry Australia. So when we take action people sit up and take notice. We believe workers can win when they stand together and we are uniting transport workers to raise living standards. At National Council it was determined a membership goal of 70% density by 2035, where the members lead in recruiting, organising and mobilising support. Over this week we will hear about the union’s national campaigns, and about how we aim to reach this goal. Some of the year’s achievements are: • • •
Successes in major bargaining Victories in the retail supply chain campaign, including the Woolworths Pilot and action against Coles; and Laying the groundwork for a national aviation strategy that uses airports as the framework for organising.
Our industry still has some major challenges. Over the next year the TWU will: •
Oppose the power of retailers like Coles, which use economic pressure to force drivers to drive too long and too fast; • Fight to protect aviation jobs and conditions; • Support Safe and Secure Skies; • Defend the Road Safety Remuneration Tribunal, which the Federal Govenment plans to shut down. The TWU is in a strong position. We have a growing membership and higher density than many unions. And we have great officials, delegates and staff. I thank the Secretaries, branches, delegates and members for their hard work over the past twelve months. As always it has been an honour to represent our members; they are the ones who have kept our union strong. Thank you
Ray Wyatt Branch Secretary and National President of the Transport Workers’ Union
2 Spring
2014 - Transport Worker
members “TWU are men and
women who carry Australia, so when we take action people sit up and take notice. We believe Transport workers can win when they stand together
”
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3 Spring 2014 - Transport Worker
Transport Worker - Spring 2014 3
● INDUSTRIAL
I
TNT gets it WRONG Another reason why it pays to be TWU
n the 2012-13 financial year, the Fair Work Commission received 36616 applications in relation to various matters. Of those 36616 applications, 14818 (40.5%) were unfair dismissal applications. Of the unfair dismissal applications, Edward Lawrie - Industrial Officer only 7 (.0004%) resulted in an Order for reinstatement and back-pay for lost remuneration with continuity of employment. With these sobering statistics in mind, you can see why it is rather disheartening for any applicant to take an application for unfair dismissal all the way to arbitration. But from time-to-time a case arises where the applicant simply has no choice. This was the case for Mr Arne McDonald, TWU Member and now re-instated employee of TNT Australia. Without delving into the intricacies of Arne’s case, Arne was dismissed by TNT in February 2014 after approximately 8.5 years of full-time service for the Company. Not happy with TNT’s decision to dismiss him, Arne sought the assistance of the TWU SA/ NT Branch and it was decided that an unfair dismissal application had to be made. As part of the process, Arne participated in several conciliations with the assistance of the TWU as his representative. However, these conciliations were not successful and as a result, Arne had no choice but to go to trial or simply drop the case. Obviously, Arne decided to go all the way. For Arne, being dismissed in and of itself was stressful enough, but to handle all the paperwork, forms and procedures would have been too much for him to handle. Fortunately for Arne, as a member of the TWU, he was provided with the necessary representation to ensure that deadlines were met, forms were completed and his side of the story was told. Though it took many months and stressful discussions, in the end, the Commission agreed with Arne in that his dismissal was harsh, unjust and unreasonable. The commission found that TNT did not have a valid reason to dismiss Arne and decided that Arne should be re-instated with full back-pay for remuneration lost. Given the low likelihood of reinstatement when it comes to unfair dismissal applications, Arne’s success is not just a huge win for him, but a massive win for the TWU SA/NT Branch and the entire Union Movement. The decision to reinstate Arne shows that even the biggest Companies, such as TNT, will make decisions that will seriously and adversely affect a person’s livelihood and get it wrong. In Arne’s case, TNT had a dedicated Employee Relations Manager and a Security Officer, but despite that, TNT were still ill-advised in their ultimate decision to terminate Arne. Your rights at work are what we, at the TWU, have dedicated our lives to. We have a team of Union Representatives and Lawyers who will fight for you when times are tough. This is why it is so important for all employees to make sure that they are a member of the TWU and that they call us when things go wrong at work. If you would like to read Arne’s full case and decision please visit the link below: https://www.fwc.gov.au/documents/decisionssigned/html/2014FWC4246.htm Edward Lawrie
4 Spring 2014 - Transport Worker
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Transport Worker - Spring 2014 5
● AROUND THE YARDS
E
nd of an era it was the last day for a large number of the employees at Cootes Tankers who have been delivering fuel in South Australia for decades. The loss of a number of contracts has meant that the company has been put in a position of having to make employees redundant losing hundreds of years of experience with some of the members being let go having many decades of experience in the fuel industry.
Matthew Spring
Cootes lost a number of contracts after the crash of one of their fuel tankers in Sydney and the grounding of most of the Cootes fleet after that one Cootes Members accident. It is sad to see a great company go down hill so fast, only 15 years ago Cootes was one of the best companies to work for with excellent equipment and conditions. This changed with the sale of the company to venture capital and the pressure put onto all transport companies by the major users of transport like Coles who now owned a large number of service stations and put pressure on companies like Cootes to give lower cost to Coles and the result is that safety and maintenance suffer. I wish all who I have met through my time as the organiser for Cootes all the best in their future as fuel drivers, they are a highly skilled and professional group of drivers who would be of great value to any company that would be lucky enough to employ them. Also in the fuel industry there are enterprise agreements being negotiated at Caltex and Linfox both are going well and should be concluded soon. Toll Liquid has also arrived in a big way having won a lot of the work that Cootes has lost. On my first visit to Toll I met a large number of members from other company’s including Cootes who have chosen to work for Toll Liquid.
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â—? AROUND THE YARDS Aviation Industry
The TWU is currently conducting a national campaign in aviation to ascertain what is happening in the industry. What we have established in the early stages of the campaign is that where 15 years ago everyone at the airport worked for one of the major airlines either Qantas, Virgin or Australian Airlines, now the majority work for an outside company like AeroCare, Toll Dnata, Alpha Flight Logistics or Gate Gourmet. The biggest change at the Adelaide Airport has been at Qantas where only 18 months ago Qantas employed 250 people in baggage handling and catering today there are only 60 baggage handlers and no catering staff employed by Qantas Airways. It is up to everyone in the industry to make sure that the move to outsource the industry does not lead to a loss of conditions. The airline industry is a billion dollar industry but according to Qantas only part-time employment is available as they have set up Qantas ground services a wholly owned Qantas company but still an outsourced labour company and of the 1500 employees across Australia there is no one employed full-time. This needs to be stopped for the future of this great industry. So if you see someone at the airport asking you to fill out a survey please take the time to do it as this is the way we improve the industry for those who will come into work in aviation in the next few years. It is our responsibility to do this for them and ourselves
Security Industry
The armaguard road crew agreement was voted up earlier in July, members had to fight hard and stand together to achieve the outcome they have of a 3 % increase over the agreement which will run for a further 12 months. This is after the company saying that they wanted a pay freeze, but through standing together members at armaguard achieved an outcome that satisfied them.
Armaguard cash processing
The armaguard cash processing agreement is currently being negotiated this will again be a tough fight but given what has happened with the road crew agreement it seems that the company is keen to avoid the potential of protected action and seem to be coming to the table with a more open mind.
The EBA for Qantas Airways baggage handlers is currently under negotiation and it is going to be a long fight, with the company starting out by saying that they wanted a pay freeze until Qantas was back in profit. At the last meeting Qantas said that they are now seeking a pay freeze for 18 months this is a move from the company but does not satisfy members who are seeking a pay increase each year.
Qantas Freight
Also going through negotiations at the moment is the old AAE which is now Qantas Freight the issue of a pay freeze is also the focus of these negotiations with Qantas saying they want to implement a pay freeze, again members are not prepared to accept this and are ready and willing to fight for a decent increase and respect from Qantas management.
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Transport Worker - Spring 2014 7
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● AROUND THE YARDS
Ian Smith TOLL
As we all know, Toll is a major player in the road transport industry and it’s critical that our TWU membership is strong at all Toll sites. Over the last few months, Toll has won a number of new contracts that have put the company, and our members, on good footing for the future. But let’s not think that that means Toll are going to give us anything without a fight. Toll Liquids has recently taken on all of the Coles Express work. The division has invested in new equipment and welcomes the addition of a number of new employees, many of them from Cootes. Recent media reports of horrific accidents have once again shown us just how dangerous transporting fuel can be. We’ve been catching up with new employees recently and bringing them into our union, and we’re looking forward to meeting with everyone soon to talk about increasing safety across the fuel industry. Members at Toll Trebuchet have been doing an outstanding job of assisting their new business in getting itself up and running. There’s no doubt that there have been challenges along the way, but there was always going to be and our members have proven themselves up to the task. As is the case with many Toll sites around the state, it will soon be time to discuss forming a local agreement. The entire Toll workforce won the power to negotiate beneficial local agreements through their recent national agreement negotiations, and it’s vital that we now use that to lock in good wages and conditions on each site. Importantly, Toll Priority Owner Driver negotiations are underway we are reaching the pointy end of the negotiations at the moment. Owner drivers form a vital part of the TWU’s membership so watch this space as the fight is on to secure an outcome that our owner drivers can be proud of and one that secures their future for years to come. Toll Fast owner drivers did a tremendous job in fighting to stop a compulsory growth levy that management wanted to impose on drivers. On top of all the administrative fees that Toll Fast charges their couriers and the costs of running and maintaining your own vehicle, management also wanted to charge courier drivers yet another fee to prop the business up. Drivers got together to fight off that threat to their livelihoods, and now it’s time to come together again to fight for a local agreement. We still need to grow our membership if we’re to have real power, but we have a great committee of Toll Fast members that is committed to achieving a good outcome. As an example of what can be achieved, our members at the Toll Fast Wingfield site have seen an increase in their hourly rate and have been able to secure reduced public liability insurance thanks to the excellent work of our OAMPS representative Sunil Cook. Importantly, local agreement negotiations are also under way or about to start at Toll Ipec and Toll Bicycle Couriers. Watch this space for updates. Once again, our delegates and members are committed to securing a fair deal.
TNT
With national agreement negotiations now concluded at TNT, it’s time that we exercised our power on the floor. We made strong gains by securing job security clauses and union power building clauses, along with solid yearly pay increases. We’ve just had our first round of quarterly paid union meetings and members unanimously want officials to be back on the docks to have regular chats about conditions at work. This is a great result, and it’s fantastic to know that everyone is talking about what it means to be TWU at TNT. Over the last few months TNT has been attempting to dismiss a number of our members in ways that we all believe were unfair and unwarranted. We’ve been committed to throwing the entire weight of our union behind fighting these unfair dismissals and I’m delighted to report that it’s paying off. In addition to a number of pleasing settlements, all of the time that we’ve been spending at the Fair Work Commission has seen one of our members – Arne McDonald – reinstated after he was found to have been unfairly dismissed. This is an enormous win for everyone at TNT and the entire union! It’s not only an outstanding result, but it also shows that we’re not going to sit still while our members’ livelihoods are under threat. Together, we’re going to achieve great things at TNT and show that, when we all stand together, we are a powerful force to deal with.
Transport Worker - Spring 2014 9
● AROUND THE YARDS Linfox As always, it’s been busy time at Linfox. We’ve recently seen a few instances of management trying to make major changes at various sites. At Linfox OI, management tried to rush through major rostering and work practices changes without consulting our members. Our delegates quickly put a stop to that process and, after many meetings with management and the entire workforce, they were able to secure an outcome that works for the company, the client and, most importantly, our members. Congratulations. At Linfox FCL, management have tried to cut loading and unloading payments. Our delegates are fighting this change at the moment with the support of the TWU, and we look forward to hearing about a good outcome. We also had a recent safety inspection at FCL that uncovered a number of very serious concerns. With the yard being so busy at the moment, it always pays to stop and make sure that our safety isn’t ever compromised. The whole yard stepped up and, as a result, we are looking at a number of important improvements being made in the very near future. Congratulations to all concerned. There have been a number of issues with the Linfox BHP contract that we have had to tackle as a union. Management chose not to listen to our members and have introduced a driver roll on that contract that is simply not working. The TWU Consultative Committee had come up with a plan and a model that would have delivered strong results for Linfox but management instead decided to introduce a different model, which our Committee had told them would not work and is not fair. Unfortunately the revolving door of employees had not stopped at Linfox BHP, which suggests that it’s high time that management revisited the work that our TWU Consultative Committee has already done. Our delegate Tony and the team have put a lot of work into this and I’m sure that over time all members will reap the benefits. Members at Linfox Bevchain have endorsed a log of claims and are now in a position to commenced negotiations with this division of the company. The position of the members has always been that Bevchain employees should enjoy the same pay and conditions that were secured under the National Linfox Heads of Agreement. Linfox have to date resisted this and have not allowed national negotiations to take place. That means that we’ll have to use all of our strength in South Australia to secure a good deal. We need all workers to join and get behind your TWU member-led negotiating team. The amount of casual employees and agency labour hire at Bevchain only goes to show how worthwhile this fight is. We need to build a sustainable structure at Bevchain to ensure quality jobs are the norm and a rarity.
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● AROUND THE YARDS StarTrack
Every TWU member should read this paragraph carefully. What has recently happened at StarTrack shows just how effective our workplace leaders can be and provides a model for how we’re going to build power and match our union’s vision for 70% density by 2035. Negotiations have been going on at StarTrack for some time, with the current agreement having actually expired on 1 April 2014. The company recently joined forces with Australia Post, and this has added a completely new dynamic to our national negotiations. Our delegates at StarTrack, led by Daniel and Stan, have led the charge to represent all of South Australia in fighting for a fair deal. National negotiation have been held around the country and with StarTrack looking to introduce the Australia Post model that does not secure jobs drives wages and conditions, they’ve had their work cut out. It has been a pleasure to see our key delegates have taken all of our members on the journey of fighting for this agreement. Members of the TWU understand the importance of Safe Rates and other key conditions in our agreements. We need to raise the standards across the entire industry and cannot afford to have one of the leading companies sending rates and safety down the chain. In a fantastic result, we have seen our density climb over the 80% mark at Star Track. Members endorsed a Protected Action Ballot as part of the fight for a fair deal, and are prepared to action if necessary. Watch this space to see the deal that our members finally win. I have every confidence that it will reflect the hard-work and fight that our delegates and members have shown to date. Most importantly though, StarTrack members are ready to get active in their workplaces. Yes, the agreement is important, but so is enforcing it on the floor addressing important issues each and every day at work.
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Transport Worker - Spring 2014 11
● AROUND THE YARDS Bus Industry Now that all the EBAs have been finalised for at least two and half years, doesn’t mean the campaign to build a better bus industry stops. During the last round of EBA negotiations TWU members led the fight for a better deal. As a result of our campaign, we won a commitment from the government to review their contract with Lightcity Buses, Torrens Transit and SouthLink. In preparation for this delegates and officials have been surveying operators on five main proposals. 1. Fair wages and conditions should be part of the government contract and not based on what each individual contractor is prepared to pay. 2. Inspectors should be independent and should not be directly employed by bus contractors. 3. Two security personnel should monitor designated buses. 4. Operators level of importance of having a closed radio channel. 5. Any change of bus contractor, or transmission of business, should not adversely affect employees. Along with surveying these points the TWU and your delegates are pursuing the following points: Increased prescribed officers (or inspectors) for ticket checking – resulting in safer travel for the public. Adequate access to toilets by allowing our metro operators to have access to toilet locations and not feel they have to buy something just so they can get access to a toilet. Security for operators and the travelling public is a major concern with increases in assaults and verbal abuse. Point 3 of the survey seeks the level of importance on placing security personnel on designated buses, one security personnel on the bus and another in a trailing vehicle. Often the first person the public take their frustrations out with is the operator, the operator can be spat on, verbally abused, have objects thrown at the operator and or bus and be assaulted and this is not acceptable.
GAS Industry WIPRO EBA update - Members were happy to roll over most of the current agreement with a couple of minor changes it was put out for a vote and was voted up; however as the representational rights had not been handed out, the process had to be carried out again. As this goes to print the EBA has now been finalised. The vote was 29 yes, 1 no and 1 invalid.
Origin Origin Energy staff are moving their call centre in November to Wakefield St, which is a more modern premises. The move could lead to fewer employees as some of their work load is handled from Melbourne. A meeting has been scheduled with the delegates and management to discuss phone operators meeting KPIs, as quite a few of have concerns that they can’t reach the KPI targets.
12 Spring 2014 - Transport Worker
Early Running Note to all three companies, it is imperative that all operators run your time by the B.C.U as this is hooked to GPS and that is what the auditors use.
Ian Gonsalves
There has been another issue with an operator getting stuck on a rail crossing this is a reminder to all operators if the crossing is not clear do not enter the crossing unless you can be assured that there is plenty of room to move into the crossing and exit it with no problem if it doesn’t look like you can clear the crossing don’t move until completely clear and safe to do so.
Greyhound EBA is currently being negotiated. Members in Adelaide would be happy with 3% for each year and to roll the agreement over and the Adelaide drivers would like to the roster to be up sooner and not have it changed without a reasonable amount of time not a big ask.
Adelaide City Council Negotiations continue with their EBA the employees are happy to roll the agreement over but will not except the pay offer of 3% for the first six months, then 1.5% the following year and then 3% for the last year. So there is a chance that the employees will vote for protective action to try and change the councils mind on the % of pay increase.
Transfield Garrison EBA update –Transfield Garrison have come back with a 2.5% increase each year over a three year agreement. Our members have stated that they would not accept anything lower than CPI, with their claim being 5% each year or parity with Victorian wages as they do the same job but are currently paid at a much rate than their Adelaide counterparts. If the employees and members want more of an increase then they should be prepared to file for protected action to get the company to move on their offer. Transfield have just won a 290 million dollar a year contract for six years so there would be a little fat to pay a little more.
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Craig Watson – 0448 977 566 or Head Office (08) 8351 9888 Email – craig@time.net.au Web: www.time.net.au Transport Worker - Spring 2014 13
â—? DELEGATES AT WORK
Star Track National Negotiations - Sydney May 28-29
Top Middle front row YD Daniel McNicol attended Star Track National Negotiations in Sydney. Middle: Delegate Training, delegates participated in action at Coles Churchill Centre in Adelaide. Bottom: YD David Chase with Branch Secretary Ray Wyatta and Arnie McDonald at TNT.
14 Spring 2014 - Transport Worker
TWU SA/NT application form ABN: 31199 452868
direct debit request remember: union membership fees are fully tax deductible Office use only yard code: joined: 100%UNION:
Date of Birth:
Sex:
DIRECT DEBIT SERVICE REQUEST FORM 1. Definitions: i. Account means the account held at your financial institution from which we are authorised to arrange for funds to be debited. ii. Agreement means this Direct Debit Service Request Agreement is between you and us. iii. Business day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia. iv. Debit day means the day that payment by you to us is due. v. Debit payment means a particular transaction where a debit is made. vi. Direct debit request means the Direct Debit Request between us and you vii. Us or we means Transport Workers’ Union of Australia SA/NT Branch you have authorised by signing a direct debit request form. viii. You means the customer who signed the direct debit request. ix. Your financial institution is the financial institution where you hold the account that you have authorised us to arrange to debit. 2. Changes by us: i. We may vary any details of this agreement or a direct debit request at any time by giving you at least fourteen (14) days’ written notice. 3. Changes by you i. Subject to 3(ii) and 3(iii), you may change the arrangements under a direct debit request by contacting us on Transport Workers’ Union of Australia, SA/NT Branch on Ph 8346 4177. ii. If you wish to stop or defer a debit payment you must notify us in writing at least (7) days before the next debit day. This notice should be given to us in the first instance. iii. You may also cancel your authority for us to debit your account at any time by giving us (7) days notice in writing before the next debit day. This notice should be given to us in the first instance. 4. Your obligations i. It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the direct debit request. ii. If there are insufficient clear funds in your account to meet a debit payment: iii. you may be charged a fee and/or interest by your financial institution; iv. you may also incur fees or charges imposed or incurred by us; and v. You must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment. vi. You should check your account statement to verify that the amounts debited from your account are correct vii. If Transport Workers’ Union of Australia, SA/NT Branch is liable to pay goods and services tax (“GST”) on a supply made in connection with this agreement, then you agree to pay the Transport Workers’ Union of Australia, SA/NT Branch on demand an amount equal to the consideration payable for the supply multiplied by the prevailing GST rate. 5. Dispute i. If you believe that there has been an error in debiting your account, you should notify us directly on Transport Workers’ Union of Australia, SA/NT Branch and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. ii. If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted. iii. If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding. iv. Any queries you may have about an error made in debiting your account should be directed to us in the first instance so that we can attempt to resolve the matter between us and you. If we cannot resolve the matter you can still refer it to your financial institution which will obtain details from you of the disputed transaction and may lodge a claim on your behalf. 6. Accounts You should check: i. with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions; ii. your account details which you have provided to us are correct by checking them against a recent account statement; and iii. with your financial institution before completing the direct debit request if you have any queries about how to complete the direct debit request. iv. We will provide: v. at the end of each financial year, a receipt of payments made to the TWU, by you, for that financial year. 7. Confidentiality i. We will keep any information (including your account details) in your direct debit request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. ii. We will only disclose information that we have about you to the extent specifically required by law or for the purposes of this agreement (including disclosing information in connection with any query or claim). iii. We will only provide a receipt for tax purposes
Transport Worker - Spring 2014 15
15 Spring 2014 - Transport Worker
Quarterly Four Weekly Fortnightly Frequency of Debit: Weekly
Account No. BSB No.
Date: Signature:
Home No: Mobile No:
I hereby authorise my employer as named to provide The Transport Workers’ Union of Australia SA/NT Branch with my EFT financial institution details
Signature: Authorisation to obtain bank details from employer
Date:
Signature:
Date:
Female Location:
Male Employer:
Postcode: Suburb:
PLEASE USE BLOCK LETTERS
Your Full Name:
t: 08 8346 4177 e: info@twusant.com.au f: 08 8346 8580 w: www.twusant.com.au
Transport Workers’ Union SA/NT Branch PO Box 137 Welland SA 5007
●
Postal Address:
Email:
I hereby apply to join the Transport Workers’ Union of Australia and agree to comply with the Rules of the Union. These rules can be found on www.twusant.com.au
I/We:
Authorise and request the Transport Workers’ Union of Australia (User ID Number 065054) to arrange funds to be debited from my/our account at the financial institution identified below through the Electronic Bulk Clearing System (BECS). This authorisation shall remain in accordance with the terms described in the Service Agreement as printed below.
Account in name(s) of:
Bank/Financial Institution:
Direct Debits to start as per TWU schedule after:
â—? AROUND THE YARDS ZIP Airport Services EBA negotiations have been progressing steadily however there have been challenges along the way. It was timely that our ZIP TWU Brothers and Sisters in Victoria filed for a protected action ballot after protracted negotiations trying to reach an agreement for their EBA. So as much as there may have been some forces undermining the collective strength of the union we have still been able to negotiate, subject to approval, a fair and reasonable 12 Month agreement that includes a 4.5% increase to base wage plus an additional 4.5% increase to all allowances (including the district allowance). An additional increase of $8 to the district allowance and an early commencement of wage increase if the EBA becomes effective (ie approved by FWC) prior to 28 August. Congratulations to all who have been involved in the negotiation.
Darwin Bus Service
Transit Systems have been announced as the successful tenderer for the Darwin Bus service contract. This announcement was made on 6 July and the actual transfer is scheduled to occur on 5 October. Although schedule conflicts mean we have not had a chance to meet with new management yet we do have an existing relationship with the company and TWU looks forward to further fostering good relationships in the Northern Territory. Now would be a good and timely reminder for people to consider their options around Superannuation and contact TWU Super 1800 222 071.
Armaguard
Armaguard EBA negotiations are continuing slowly. Our initial claim of parity with SA equated to an initial increase of 7% and was flatly rejected by the company. Our membership have revised their claim to a 4% increase per year for a three year agreement. Members need to stay involved with their union, attend meetings and be involved and active in the process to ensure the best possible deal is made. We have strong numbers of membership and we need to use that collective strength to negotiate a pay raise that is fair and reasonable for our hard working members at Armaguard.
Toll Marine
StarTrack Express
Toll Marine and ANL shipping have reached an agreement for the sale of the international container liner business. The sale includes the transfer of all office-based staff in Darwin and Singapore, the existing shipping service, along with assets required to operate the business. A month long review of the business is due to be completed shortly when it is anticipated that there will be a reduction of work through the Frances Bay Terminal. TWU will actively be supporting our members during this process.
National negotiations continue for Star Track Express. I was able to attend a round of negotiations in Sydney in early July. We have a strong team of determined delegates from around the country who are resolute in their intent to lock in a decent wage increase for Star Track workers and even more importantly focused on safeguarding job security provisions for our members. We are heading toward taking Protected Industrial Action with members around the country ready to stand up and fight back for what they deserve.
Elise McLay TWUSUPER Have had a great opportunity to attend several yard visits with Lou Stepanoski who is the Client Relations Officer with TWU Super. It is always fantastic to work with people who are passionate about what they do and encouraging and assisting transport workers to consider their options around Superannuation and their retirement is Lou’s specialty. I am the Super Liaison Officer for TWU Super in the Northern Territory so am able to assist as well if people want to talk to someone local or need a hand with paperwork, form filling etc.
Delegate Training We had a second round of delegate training in June with the fantastic Jon Clark from National Office. It was an intimate group which served for some robust discussions over the two days. I believe all involved took a lot away from the session especially regarding some of the newer structures and plans that are being introduced to ensure we maximise our growth potential. Our delegate structures are key and being able to invest training into our delegate network is exciting.
Boral Another EBA negotiation that has been a little frustrating. Some of our members have relocated from Queensland and the agreement is to cover two separate divisions in the business. The company are desperate to make the agreement as they are losing work without having a local agreement in place however there seems to be a resistance to actual negotiating. There has been a significant increase to the away from home allowance paid however this still only puts the drivers at about average market rates.
16 Spring 2014 - Transport Worker
● ANDERSONS General Protections provisions of the Fair Work Act 2009
The General Protections provisions under the Fair Work Act 2009 are outlined in sections 340-359 of Chapter 3, Part 3-1. These general protections include the prevention of adverse action against employees who do or do not exercise their workplace rights and are engaged or not engaged in industrial activities. It also encompasses other protections for employees against discrimination, sham arrangements and temporary absences. All employees should feel safe and protected while at work. Unfortunately, often during employment an employee may feel scared or worried in their job; the insecurity is often evident when workers need to follow up their rights with their employer, or as a result of discrimination in the workplace because of family or caring responsibilities. Similarly, some workers are fearful of the consequences that might occur (including possible termination) if they join a Union. This is where the General Protections provisions can provide legal safeguards to employees. The General Protections protects employees in three main areas: Adverse Action
An employee must not suffer any “adverse action” for pursuing any rights or entitlements available under a workplace law. This may include things like lodging a worker’s compensation claim or simply asking your employer if you have been paid the correct rate of pay. “Adverse Action” is defined as any action taken by the employer to alter the employee’s position to his or her detriment and includes dismissal, discriminating between employees and injuring the employee in his or her employment. Employees must feel comfortable to raise concerns, pursue entitlements and make complaints. You may have a question for your employer in relation to your work contract or enterprise bargaining agreement. You may wish to make a request for flexible working arrangements due to caring responsibilities or you may need to inform your employer about some unacceptable behaviour occurring in the workplace. Your employer cannot take any adverse action against you for raising a reasonable For further information, contact Andersons on 1800 653 655 or visit andersons.com.au This information is not intended as legal advice and should not be substituted for legal advice. The information contained in this article is current at the time of publication – August 2014
and legitimate concern in your workplace or pursing your entitlements under a workplace law. Discrimination
An employee must not be discriminated against on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion political opinion, natural extraction or social origin. An employer cannot take adverse action against a person on the basis of these characteristics of an employee. Unlawful Termination An employer must not terminate an employee for any of the following reasons: • • • • • •
a temporary absence due to illness or injury; carrying out voluntary emergency management activity; participation in Union activities or nonmembership of a Union; acting as a representative of employees; filing a complaint; or on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status family responsibilities, pregnancy, religion, political opinion, national extraction or social origin or an employees absence from work during maternity or other parental leave.
The Full Federal Court of Appeal in Barclay v The Board of Bendigo Regional Institute of Technical and Further Education1 considered the question of whether the adverse action taken by the employer against the employee was because of the employee’s actions. The applicant was employed by the respondent and was also President of the Australian Education Union (“AEU”) sub-branch other AEU members were employed by the respondent. The applicant sent an email from the email address provided to him by the respondent to the members of the union which suggested that the respondent was engaging in fraudulent conduct and advised members not to be part of the conduct. That email was forwarded on to senior managers
and eventually came to the attention of the CEO who suspended the applicant, restricted his internet access through their computer system and banned him from attending to their premises. The applicant sought compensation and an imposition of a penalty on the respondent for breach of protections under sections 341 to 347. Initially, the majority of the Full Court of Appeal, Justices Gray and Bromberg, when considering if section 346 was breached, (this provision states that a person much not take adverse action against a person involved with an industrial association), the Justices were of the opinion that the central question was “why was the aggrieved person treated as he or she was?” They formed the opinion that it involved the characterisation of the reason or reasons of the person taking the adverse action and that the search is for what actuated the conduct of the person, not for what the person thinks he or she was actuated by. They found that the respondent did suspend the applicant for a prohibited reason. However, on appeal the High Court held that the respondent did not suspend Mr Barclay because of his position as an officer of the Union or because he was engaged in industrial activity. It was held that the correct approach was to balance the reliability of the decision maker’s evidence against the facts and circumstances of the case and the employee’s evidence. The direct testimony of the decision maker that has been considered reliable is capable of establishing the reason for taking adverse action. Once an employee has made a claim under General Protections law, the responsibility is on the employer to establish that the adverse action, discrimination or unlawful termination did not occur for the reason claimed by the employee. There is a 21 day time limit on all claims under the General Protections provisions which was recently changed to be consistent with the unfair dismissal time limit. Alexandra Thompson Alexandra is a Associate in our Employment & Industrial team Adelaide office.
1 Barclay v The Board of Bendigo Regional Institute of Technical and Further Education [2011] FCAFC 14
9:00am - 5:00pm Monday to Friday 1800 653 655 All other times 0406 382 532
www.andersons.com.au
Transport Worker - Spring 2014 17
● NOTICEBOARD Member Comments Pietro Nastasi former Yard Delegate - Southlink “It has been an honour and a pleasure to not only work with Ray the Branch Secretary, everyone in the office and most especially you (Speedie). Our paths will cross again, somewhere along the line. If I ever come back in the industry I will definately come back to the TWU as a member, and hopefully you would take me back as a Delegate. This is not goodbye, but until we meet again.” Pietro
Retired Honorary Members January 2014 - 10 June 2014 Lawrence Bryant member since 1965 - 49 years Alan Dempster member since 1974 - 40 years Barry Wilkshire member since 1980 - 34 years Warren Kluge member since 1981 - 33 years John Davis member since 1983 - 31 years Gary Christian member since 1984 - 30 years Daryl Hewitt member since 1984 - 30 years George Eades member since 1986 - 28 years John Symonds member since 1988 - 28 years Colin Ey member since 1988 - 26 years Ian Harris member since 1988 - 26 years Maximo Salazar member since 1994 - 20 years
Allan Wedd member for 11 years “I have been employed by Southlink buses as a driver at the Elizabeth depot. I wish to thank you for all the support that I have received over the years in my tenure at this company. I thank you for all the hard work you all have put into the EBA negotiation with Southlink and wish you all the best for all your future endeavors in the transport industry. Without your ongoing support the workers of this industry would certainly be a lot worse off ”
Maurice Lock member for 40 years. “I have been a member for many years and have seen many changes in my time, I still enjoy working in the transport industry but it is time to end one chapter of my life and start another.”
TWU SA/NT
membership fees for 2015 Statement Payers:
$486.35 + GST (48.63) = $535.98 Direct Debit & Credit Card Payers:
Weekly: $10.30 Fortnightly: $20.60 Four Weekly: $41.15 Quarterly: $134.00
Rally Against Abbott will comprise of mass rallies in Australian capital cities, protesting against the Abbott governments lies, broken promises, decisions, actions, policies and agenda. To be held on November 16, the Leaders Summit of the G20 in Brisbane, the eyes of the world will be on Australia. Based on attendance at previous G20 meetings, the summit will attract up to 4,000 delegates and up to 3,000 domestic and international media representatives. Adelaide Rally Against Abbott will take on a “Family Day Picnic” theme. Participants are encouraged to bring a basket and enjoy the Spring in Adelaide. Please remember that the area is an alcohol free zone. Elder Park Adelaide from 12 Noon Speakers to start at 1.30pm
Delegates Training August 2014 Transport Worker - Spring
2014 13
● TOWARDS 2035 Towards 2035 - National Office The TWU National Council has unanimously endorsed a brave new vision for our union. Dubbed ‘Towards 2035’, this vision builds on our already member focused approach to building strength and power in our workplaces. Through member-led recruiting, organising and action the TWU will achieve our ultimate goal: 70% union density in transport workplaces by 2035. This means that more than ever, you – our members – will be the force through which we grow our union and secure our industry. TWU members will be active across whole supply chains. From major clients like Coles to single rig owner drivers, we will work together to ensure that no matter where in the supply chain, transport work is safe and secure. We are already a strong union and every year we get stronger. Whether working at the airport, on a plane, at a distribution centre, or in a truck, cab or bus, transport workers know that the TWU is on their side – making the TWU the union with highest membership density of any private sector union in the ACTU. But there’s more to be done. Transport workers across all sectors must continue to stand together to fight for safe and fair work. We must hold those at the top of the supply chain to account for safety – after all, they’re the ones who have the power to make a real difference. Take for example the waste industry, where QLD state and local governments sit at the top of the supply chain. They have the economic power that set rates for the industry - so to make the industry safer and fairer, we must go to the top and take our fight to our politicians. The same goes for retail supply chains where major clients like Coles have the economic power to dictate terms and conditions to transport operators – big and small. In reality, ‘Towards 2035’ is the same thing we have always done, just to a bigger scale – building our yards, increasing our membership and encouraging members to be active and lead within our workplaces and communities. Achieving the ‘Towards 2035’ vision will give TWU members new rights at work, it will build stronger communities and a better standard of living for our families. The TWU is growing, and it has the structure to grow further. ‘Towards 2035’ is a clear target for our future but we must never lose sight of why we fight – to improve the lives of our workmates and our families. And we must never lose sight of how we win – by standing together.
Woolworths Pilot Programme The Woolworth’s DC campaign out at Gepps Cross has just gone onto the next stage with more and more driver’s getting involved and joining our Woolworth’s pilot committee. So far we have had three committee meetings where drivers have voiced their concerns and offered Justin Lewis suggestions on how to improve the issues which drivers have to face when they visit the Gepps Cross DC. At the next committee meeting on the 18th of August our committee members will have the opportunity to voice their concerns directly to two Woolworths managers whom are travelling from interstate to attend the meeting. Just the fact that Woolies are willing to come to the table and hear our concerns is a fantastic win for our TWU members and a sign that all our hard work is finally starting to pay off. At the next committee meeting on the 18th of August our members will put forward their four main issues to Woolworths management. The four changes that we feel will make a big difference are: 1. Better scheduling- don’t schedule more drivers than there are docks. 2. Improve allocation of forklifts and checkers to deal with unloading. 3. Improve driver facilities- we know that sometimes things go wrong but a shelter with chairs and and vending machines at the back of the DC would be safer for drivers and easier for everyone. 4. Management to work with drivers to hear our concerns directly. In the next stage our committee will endeavour to implement a Safe Rates Charter which will potentially be the key to organising the entire retail sector. This charter will guarantee minimum and enforceable standards for transport companies to adhere to if they wish to win contracts with Woolworths in the future. By doing this we can prevent transport companies from undercutting each other to win contracts because as we know when this occurs its the drivers that suffer. Furthermore, this charter could address safety issues and site specific concerns which drivers experience during their visits to the DC. Initially our organising committee was made up 8 of drivers from various transport companies which pull in and out of the Gepps Cross DC. Over the last couple of months we have been able to grow this committee and we will continue to grow this committee so as to achieve better representation. In the upcoming visits to the DC we will continue to gain contacts and assess each contact for union interest. Im really excited about the Woolies campaign because of the benefits to everyone within the industry. Not only are we protecting our members in the majors by making sure their jobs and conditions are not auctioned off to companies with lower rates we can also potentially lift the standards for drivers at smaller transport companies. This campaign can raise the standards for drivers across the board if everyone pulls together. For us a union, it is a chance to put all of our expertise (organising, bargaining, legal, communications, training, data, politics) to build power in a consolidated and targeted way so we can improve the lives for our members within the retail sector. In conclusion, I would like to ask that if anyone would like to help with our campaign or have any ideas to contact our office on 8346 4177.
Transport Worker - Spring 2014 19
Transport Workers’ Union of Australia SA/NT Branch
VISION STATEMENT
Core Purpose: To give transport workers a powerful voice
Core Values: • • • •
Principled in building and exercising worker power Committed to earning and keeping the trust of members Innovative - continually seeking a better way Driven to succeed
Envisioned Future: By 2035, the TWU will achieve a membership density of 70% where the members lead in recruiting, organising and mobilising in support of their objectives.
Vivid Description: The Transport Workers’ Union of Australia exists to give transport workers a powerful voice in support of social and economic justice. We are relentless in the pursuit of building and exercising worker power, guided by clear, strong principles. We are committed to earning and keeping our members’ trust and continually seeking a better way. We believe workers can win when they stand together. We unite transport workers in order to raise standards for themselves, their families and the community.
TOWARDS 2035 20 Spring 2014 - Transport Worker
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Automatically balances your wheels while you drive
MOUNTING PLATE
Unbalanced wheel Balancing weights move automatically opposite out-ofbalance point while balancing the wheel.
1300 822 765
Balanced wheel Evenly distributed spheres show an already balanced wheel.
Scan the QR code with your smart phone reader and visit our website
www.centramatic.com.au
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andersons.com.au 22 Spring 2014 - Transport Worker
Transport Worker - Spring 2014 22
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