2015 Rail and Road - September Edition

VOLUME 107 No.3 September 2015

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

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From the Branch Secretary The last issue of Rail & Road was published just prior to the NSW State Election on March 28, with so much happening in the meantime. The election itself saw a backlash against the NSW Government in the Hunter Valley, amid a spate of corruption allegations. There remains a stench around the decision to truncate the Newcastle rail line, with our union joining community concerns in continuing to protest the ripping up of the rail lines.

The RTBU has been active in other campaigns and public debates around issues that are directly relevant to our members and their families.

We have been publicly supporting our fellow workers at Port Botany who were given termination notices by text message in the dead of the night. We have also been actively involved as a partner in the Sydney Alliance in developing a draft transport proposal to keep transport as a high priority on the public and government agenda.

The RTBU delegation to the recent ALP National Conference was instrumental in achieving a number

of major transport policy changes, in areas such as rail safety, undertakings to keep the ARTC in public ownership, investment in public transport and truth in bargaining enterprise agreement negotiations.

RTBU delegates and officers have been actively engaged in discussions around proposed station reforms by Sydney Trains, and have successfully completed a number of enterprise agreement negotiations in the passenger and freight areas. This issue of our journal also reports on the recent Federal Court decision in support of Aurizon deciding to terminate a number of agreements, and our concerns in relation to this.

This period has also seen initial recommendations from the Federal Government’s Productivity Commission to remove penalty rates from a number of areas, as well as restrict increase to the minimum wage. There has been wide media coverage of the Royal Commission into Trade Unions perceived bias with Commissioner Heydon being invited to address a Liberal Party

fund raiser. The Commissioner heard the complaints raised by unions himself, and decided that he had done nothing wrong. Meantime, Bronwyn Bishop was removed as Speaker of the Federal Parliament after a series of allegations of misuse of public funds. On the end of all this, we had the Liberal leadership circus, with Tony Abbott being deposed as Prime Minister by Malcolm Turnbull. These are the times in which we live and conduct our union work.

Closer to the ground, we have continued to raise our concerns about cuts to station and security on stations.

We have seen too many reports lately about assaults and other anti-social behaviour on trains, stations and buses, as operators and government continue with cutting services and staff essential to maintain safety on our transport network.

We will continue to be at the forefront of efforts to maintain the highest safety standards on our transport services, and defending the jobs of staff.

In this Issue Industrial News Sydney Trains – Reform Update. . . . . . . . . . . . . . . . . . . . . . . . 5 Next Round of Station Reviews . . . . . . . . . . . . . . . . . . . . . . . . 6 Industrial Notes Aurizon Federal Court Ruling. . . . . . . . . . . . . . . . . . . . . . . . . . 7 Pacific National Terminal Operators EA. . . . . . . . . . . . . . . . . . 7 ARTC EA Moving Slowly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Wrongful Payment of Accrued Public Holidays. . . . . . . . . . . . 9 Part Time Broken Shifts and Use of Casuals. . . . . . . . . . . . . . 9 General News Hutchison Ports Attempt Union Bashing . . . . . . . . . . . . . . . . 10

Brookfield Bids for Pacific National. . . . . . . . . . . . . . . . . . . . 12 Bus Driver’s Actions Stops Out-of-Control Car . . . . . . . . . . . 12 Unions Call for Termination of Royal Commission. . . . . . . . . 14 Nanva Elected as ACTU Vice President. . . . . . . . . . . . . . . . . 16 Train Security Concerns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Anti Worker Laws Defeated in Senate. . . . . . . . . . . . . . . . . . 18 Safety Matters Fire Prevention Systems to be Installed in Buses. . . . . . . . . 20 Whistlestop. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

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Industrial News Sydney Trains – Reform Update Members are advised that Train Crew Delegates met with Sydney Trains Management recently to be given the same Sydney Trains reform presentation as your RTBU Executive received in the previous week, and for Delegates to ask any questions in an effort to get additional information.

Whilst Sydney Trains gave the same presentation they did give some further hints which had not been given to your RTBU Executive, they are as follows: Management thought the vote could occur in November. (Members are advised that this has never been discussed with the RTBU, our Delegates even remarked “what year?” based on the nature and amount of reform Sydney Trains where seeking).

Whilst Train Crew would be allocated a Home Depot, they would also possibly be part of a ‘cluster’ of depots and be rostered to start and finish at the other depots within their ‘cluster’ without the employees agreement. .

They also indicated they had a

number of items that were not negotiable, but did not provide any further detail on them.

Our Delegates did make it clear that they wanted Sydney Trains to focus on fixing the current and ongoing payroll issues/disputes, which Delegates believed had increased markedly since Sydney Trains payroll and timekeeping were absorbed into Transport for NSW. In the afternoon and following the Sydney Trains Presentation and Q&A session, Delegates had time to discuss with the RTBU Executive their thoughts on what they had heard and to discuss the RTBU’s involvement in the ongoing process.

Delegates were concerned about the lack of detail, and the perception that Sydney Trains were withholding

detail about what they actually wanted and the message that Sydney Trains was portraying to members about the RTBU’s involvement in the process.

Delegates resolved that the RTBU involvement would include; • Extensive delegate participation • Opportunity for member feedback • Member ownership of the outcomes • Not rushed into agenda / timeframe set by Sydney Trains Further meetings with Sydney Trains will be subject to the Drivers and Guards Divisions confirming their respective structures.

 Delegates even remarked “what year?” based on the nature and amount of reform Sydney Trains where seeking.  RAIL & ROAD September 2015

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Sydney Trains Commences Next Round of Station Reviews Contrary to concerns raised by commuter advocates that the safety of train passengers will be compromised by cutting the number of staff at Sydney Suburban stations, Sydney Trains is pushing ahead with another round of Station Staff Reviews. These cuts include cuts to station security guards (see article on page 17).

Sydney Trains notified the RTBU of a proposed Customer Service Directive (CSD) station staff review on the 19th August 2015. At the meeting Sydney Trains discussed many concerns which included the staff review business cases, staff review timetable, releases of the nominated delegates, translation principles, the Customer Service

Attendant (CSA) Transfer List which will be temporarily placed on hold until the completion of the staff review and the Voluntary Redundancy Registry.

Sydney Trains management have stated that although there will be some Voluntary Redundancies available and some employees will be displaced from their positions, they intend to ensure that those CSAs who wish to remain with Sydney Trains will be found positions or alternative work until they find a permanent position.

The reasoning provided by Sydney Trains was in reference to standardising opening and closing station coverage times from the

Proud to Be UNION

current 55 different operating hours down to 4 different operating hours, maintaining the current status of stations at 169 attended and 5 unattended and the numbers of stations that will be subject to staff reviews. There are eighty seven (87) stations that will be subject to the staff review, twenty seven (27) stations will have no change, fifty three (53) stations will have changes to their Master Roster and seven (7) single staff stations increase part time to full time.

Members are advised that they should attend their station review and participate in the development of their stations responses to the Sydney Trains proposal.

Paid Parental Leave

My union fought for my Paid Parental Leave* ... And Won! *The first paid maternity leave was granted to federal public servants in 1973. Later in 1979, one year’s unpaid maternity leave was introduced for all mothers. But it wasn’t until 2011 that 18 weeks paid parental leave became the national standard.

Rail Tram and Bus Union – NSW Branch

Page 6 RAIL & ROAD September 2015

Industrial Notes RTBU Concern Over Aurizon Federal Court Ruling The Federal Court has released its decision on the appeal by the RTBU and other unions regarding the termination of the Aurizon enterprise agreements.

We’re disappointed by today’s judgment, but more importantly we’re extremely concerned about the implications of the Fair Work Commission’s original ruling for future enterprise agreements and for the future of work.

The Fair Work Commission has effectively said that

agreements are merely temporary guidelines that can be thrown out the window through spurious references to ‘the public interest’.

This is just as bad for employers as it is for workers, as it undermines confidence and certainty in the enterprise bargaining system.

Conservatives like to talk about the sanctity of contracts, and they get all worked up about how changes to Australian laws can present a ‘sovereign

risk’ to investors. But the FWC decision undermines the integrity of contracts of employment and increases the level of ‘sovereign risk’ to everyone who has a job.

People who accepted a job offer with certain salaries and conditions can now find their pay has been slashed, their job has been changed to something completely different, or even that their job has disappeared.

Put quite simply, it should be unlawful for companies to go back on established

and agreed workplace conditions and agreements, and terminate those agreements when it suits them.

The Employment Minister needs to take action to protect the sanctity of workplace agreements and ensure workers and employers can have some certainty over their workplace arrangements.

We will be talking to other unions about developing a campaign to make sure enterprise agreements are worth the paper they are written on.

Pacific National Terminal Operators EA Negotiations have been taking place between the RTBU and Pacific National for a replacement Enterprise Agreement for Terminal Operators since February this year.

The negotiating team from the RTBU and your delegates from around the country have been very focused on protecting current conditions.

After a number of meetings and telephone conferences with the company, the company has proposed a package consisting of the following: • Wage increase of 2.5% for each year of a three year agreement; Backpay to the 1st July 2015; • A payment of $6,000 for employees who give notice of

RAIL & ROAD September 2015

retiring early similar to line haul agreement (subject to agreed wording); • Change to Terminal Driver role to so that an employee retains one load lifting competency when they elect move into that role (subject to agreed wording); • No loss of current conditions; and • An amended personal/carers leave clause for those employees who are placed on 12-month medical certificate requirement (subject to agreed wording).

The RTBU negotiating team and the company will continue to meet to finalise drafting the proposed enterprise agreements.

Page 7

ARTC EA Moving Slowly After several meetings with ARTC Management to discuss the 2015 enterprise agreement we are nowhere near close to agreement.

ARTC Management have stated that they propose to maintain the existing provisions of the ARTC (NSW) 2012 EA excluding salary increases and their proposed changes they put forward in their log of claims.

They also stated that “any” agreed changes to existing conditions are to be “offset” by either: • Reductions in existing entitlements • Through identified cost savings and or productivity improvements.

ARTC proposed the removal of employees whose remuneration package is greater than or equal to $150,000 from EA coverage. This would exclude a large number of members and place them on “contracts” which would obviously not have the same protection and/ or conditions that an enterprise agreement provides.

In ARTC’s claims one of the items was that they intend to change “Personal/ Carers and Sick Leave” and incorporate their Policy into the EA. This proposal was rejected out of hand as this was seen as an attempt to reduce the sick leave entitlement but also provide them the opportunity to “withhold” an employee’s right to sick pay if management deemed that the employee did not meet ARTC’s expectations.

With the Federal Government’s announcement that they are looking at the potential sell off of ARTC, the Combined Unions have also included in our log of claims “better transition of business protections for employees”. This claim included improved consultation and employee participation when proposing major restructuring and better redundancy packages for those affected employees.

All of this in the context of media reports of the Federal Government

wanting to sell off ARTC, threats of closure of the Junee Control Centre, and the wage offer proposed

by ARTC CEO John Fullerton in an open letter to employees. The CEO stated that the wage offer of a 1.5% per annum over three years was consistent with Australian Public Service Commission policy, as well as taking into account business conditions, the economic environment, inflation and a lower CPI rate. He said “The increase offered is the maximum available under the new APSC policy and is consistent with remuneration offers being made across other GBE’s, Government Agencies and Government Departments. We are unaware of any circumstances where the APSC has approved remuneration increases greater than 4.5% over three years since this new bargaining policy was introduced in late 2014”.

Transport NSW Award Wrapped Up The 2015 Transport NSW Award has been completed and registered. This Award was the result of one of the shortest negotiation periods on record. It received an overwhelming and potentially the largest “yes” vote for an acceptance of an award.

The Transport NSW Award delivered 2.5% with retrospectivity to first pay period on or after 1st July.

It also delivered new positions in the Transport Management Centre with the creation on Transport Task Force positions, better hours of work, Flexible Working Arrangements and the removal of “core hours”.

During the negotiations the Combined Unions were successful in having Transport NSW Management withdraw from their log of claims the inclusion of a “Casualisation Clause” which would have led to the potential increase of casual employees. We also were able to have Management withdraw their claim to extend the term for “Temporary” employment.

The one aspect of this Award that was and is disappointing that being that Transport NSW would not agree to the Combine Unions’ claim of a 3 year award. Their reluctance to agree to a multi-year award is obvious and Management made it clear that there are still a lot of reforms/restructures coming, driven by the Government, and they would not agree to anything over a 1 year award.

Page 8 RAIL & ROAD September 2015

Payment for public holidays that fall on a Saturday

The Union has been running a dispute in the Industrial Relations Commission about State Transit Authority's (STA) intention to put a figure on the number of Saturdays needed to work in a year to qualify for payment when a public holiday falls on a Saturday.

The STA gave formal notice to the Union that all bus operators would now have to work 23 Saturdays a year to qualify for the Public Holiday that falls on a Saturday.

Your Union with the assistance of the IRC was able to negotiate this number down to 10 Saturdays a year to qualify for a Public Holiday payment that falls on a Saturday.

The STA in their wisdom tried to apply these restrictions to the Easter Saturday of 2013 which resulted in some 360 members not getting paid for Easter Saturday 2013. Your Union was able to have all of the 360 members paid for the 2013 Easter Saturday.

Wrongful Payment of Accrued Public Holidays The RTBU reached an agreement with Sydney Trains in relation to Sydney Trains proposal to ‘pay out’ excessive accrued public holidays. This agreement included four options. These options were;

1 Cash out of public holidays

2 Progressive cash out payments

3 Clear leave on specific dates

4 Clear leave as part of 2016 leave

The RTBU have represented this issue via Unions NSW and as a result Sydney Trains have agreed to recredit the accrued public holidays if the proper process has been followed initially by members. The RTBU is advising members to contact their local manager immediately if they have been impacted by wrongful payment of Accrued Public Holidays.

Part Time Broken Shifts and Widespread Use of Casual Employees STA have advised the RTBU that they will not back down on their crusade to implement part time broken shifts and to use casuals in the first instance to cover any absences.

Union Officials and Senior STA Management have met as required in the dispute settlement procedure and the matter remains unresolved.

Unions NSW will now attempt to mediate, if this fails then the Union will refer the matter to the NSW

RAIL & ROAD September 2015

Industrial Relations Commission.

The RTBU has asked STA to respect the status quo clause in the Award, and will do whatever is required to have this clause enforced until the dispute is resolved.

Page 9

General News Hutchison Ports Attempt at Union Busting Hutchison Ports, an operator in the ports of Botany and Brisbane made the decision to terminate one hundred workers by text message at midnight.

Hutchison Ports advised the Maritime Union of Australia (MUA) that as part of their restructure they will not be seeking any new contracts and offloading the current contracts. This process will involve redundancies.

The MUA put forward the position that they would rather negotiate with Hutchison in an attempt to resolve whatever difficulties the company claims are affecting their business.

However, Hutchison’s seem intent on provoking a dispute and cultivating waterfront disharmony, rather than complying with its obligations under the Enterprise Agreement and negotiating in good faith around the introduction in new technology.

There was a rally held on Monday 3rd August which was attended by

the RTBU and many other unions as a show of support.

Whilst the MUA were attempting to negotiate Hutchison’s Human Resources were forming a strategy to sack one hundred workers.

Human Resources hatched a plan titled “Phoenix Rising” which sounds like it belongs to a Monty Python skit rather than the modern workplace. The results of “Phoenix Rising” were the dismissal of ninety seven (97) workers via text message at midnight. The action of Hutchison Ports is a breach of the enterprise agreement and immoral.

The Union movement and community are outraged by this blatant disregard Hutchison has shown to their workers.

A community assembly was organised and is continually

staffed 24 hours a day. The RTBU is playing an active role in the assembly and will continue to do so.

The RTBU was quick to throw its support behind the MUA workers that were terminated, with members helping out with actions such as bringing food, pitching in on the BBQ through to the much valued coffee runs.

Two MUA representatives were invited and were kind enough to attend the Signallers Sub-Division.

At the meeting the MUA discussed the impact of Hutchison’s action on their families and the local community. The Signaller SubDivision truly appreciated the MUA giving their time to brief them of the events that built up and is currently occurring at Hutchison Ports.

Page 10 RAIL & ROAD September 2015

Federal Court Action Postponed as Union and Hutchison Agree to Talks The MUA and Hutchison Ports met for further conciliation in the FWC after agreeing to continue attempts to resolve the dispute, over the company's move to sack workers at its Port Botany and Brisbane sites via email and SMS. Federal Court proceedings scheduled for September 1 were postponed, with the parties set to

meet again later before Deputy President Anna Booth.

Hutchison said in a statement that it "remains committed to negotiating a resolution to the current industrial dispute with workers in Brisbane and Sydney".

The company said it had invested $700 million since in the Australian market since June 2013 and posted a

RAIL & ROAD September 2015

loss of $87 million last year.

MUA National Secretary Paddy Crumlin said the union hoped a "solution can be found that both deals with the difficult commercial reality the company is facing and repairs the damage that has been done to the company’s relationship with its workers over the past few weeks."

Page 11

Brookfield Bids for Pacific National Canadian infrastructure giant has made an audacious bid to buy a controlling stake in Asciano – the parent company of Pacific National.

Brookfield already has a major footprint in Australia, having taken over the construction firm Multiplex in 2007.

The company also has a longterm lease over 5,600 km of rail infrastructure in southern Western Australia. RTBU Assistant National Secretary Allan Barden says it’s too early to make any judgements about the take-over bid, but the RTBU will

be closely monitoring developments.

“It’s always a anxious time when the ownership of a company is in limbo, but at this stage it continues to be business as usual at PN,” Allan said.

In the meantime, the RTBU is alarmed by redundancies in PN’s Bulk Division and further job losses related to PN’s loss of the Bemax contract. PN has also announced that it is proceeding with plans to consolidate its planning, rostering and live run functions into a single National Operations Centre, to be based in North Sydney.

“This will mean that up to 100 positions may be made redundant across the country – including operations sites such as Parramatta, Adelaide, Newcastle, Port Kembla and Mackay,” Allan said Pacific National is still working through the details, however there will be opportunities for some staff to be relocated to Sydney. “While we’re very disappointed that PN is going this path, we will continue fighting to make sure every possible avenue for staff redeployment is examined. We will also ensure that members are kept fully informed through the restructuring process.”

Burwood Bus Driver’s Actions Stops Out-of-Control Car Only weeks after a Burwood member brought a female passenger back to life, another of the depot’s drivers has sprung into action to protect the public.

Burwood driver Kevin Gray has earned praise from local police after he prevented an out-of-control car from careening into a possible accident with pedestrians.

After stopping at a set of lights, Kevin noticed the female driver of a car alongside his bus appeared to have fainted.

As her car accelerated, Kevin took decisive action. He pulled up alongside her car at a low speed and confirmed his suspicion that something was wrong. He then cautiously

merged lanes in front of the now out of control car.

The resulting collision was minor, and Kevin’s risk assessment was bang on the money; the female driver had actually suffered a seizure.

Police commended Kevin for his actions after figuring that the female driver’s car would have almost certainly collected more speed and ended up on the footpath, potentially causing what police said would have been a serious accident.

The Union congratulates Kevin on his quick thinking and keen awareness.

Rank & File Action Wins Out Members at the Ryde Bus Depot have recently unveiled their long awaited “Bike Wall” which was installed in an effort to ease parking strain on employees.

As with many depots, in recent times it has become increasingly difficult for employees to find a parking spot that is close to work. With already limited parking and the introduction of timed spaces, some members at Ryde were arriving hours early just to get a decent spot.

In response to the problem the depot’s own Vic Sophios pushed hard for the bike rack which he has wanted installed for the last couple of years.

It is hoped that the new bike storage will encourage employees to ride to work, after a report noted that many live within a 5km radius of the depot. Employees who live close by cited late finishing times as reason for not wanting to walk to work, feeling unsafe walking alone in the dark.

We hope that members enjoy their new bike storage and

congratulate them on finding and negotiating workable solutions to problems affecting their work/ life balance.

Perhaps with the Ryde depot becoming fit and healthy as a result of their new solution other depots will be looking for their own bike storage.

Full credit to Vic for maintaining his campaign to see the project completed!

Page 12 RAIL & ROAD September 2015

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Unions Call on Abbott to Terminate Royal Commission The ACTU has called on Tony Abbott to immediately terminate the Royal Commission into trade unions given the appearance of bias by Justice Dyson Heydon’s acceptance of a guest speaker role at a Liberal Party fundraiser. of step with community expectations ACTU Secretary Dave Oliver and hypothetical observer that provides of our elected officials and calls into the yardstick. It is the public's President Ged Kearney have written question the former Prime Minister’s perception of neutrality with which to the Prime Minister calling for and the Federal Government’s the rule is concerned. In Livesey it immediate action. judgement. was recognised that the lay observer This appearance of bias and partisan might reasonably apprehend that Indeed, Justice Heydon himself behaviour by Justice Heydon a judge who has found a state of made clear the definition of taints any and all findings of the affairs to exist, or who has come apprehended bias in his High Royal Commission and it must be to a clear view about the credit Court ruling in relation to British terminated. of a witness, may not be inclined American Tobacco, as listed below: ACTU President Ged Kearney has to depart from that view in a It is fundamental to the said that “This Royal Commission subsequent case. It is a recognition administration of justice that the has no claim to independence, of human nature. judge be neutral. It is for this reason impartiality or adherence to due By any standard, Justice Heydon’s that the appearance of departure process and must be terminated. behaviour fails the apprehended from neutrality is a ground of Justice Dyson Heydon’s decision bias test and it is incumbent on the disqualification[179]. Because to help raise funds for the Liberal new Prime Minister to terminate the rule is concerned with the Party is merely the latest example.” the Royal Commission into Trade appearance of bias, and not the Failure to act by Tony Abbott is out

actuality, it is the perception of the

Unions immediately.

Heydon to Continue with Royal Commission Royal Commissioner Dyson Heydon has rejected union applications for him to stand down from the inquiry on the grounds of apprehended bias, while acknowledging they could still apply to a court to make such a ruling.

On 31 August Commissioner Heydon delivered a short introduction to his judgment, which was not attended by counsel for the ACTU, and said the hearings would resume at 10am the following day.

His 67-page judgment rejected the union arguments that that a fair minded lay observer might reasonably apprehend that he could not bring an impartial mind to the Commission, after accepting an invitation to deliver the Sir Garfield Barwick Address.

Heydon said the event was organised by two legal branches of the NSW Liberal Party but he ruled that the speech could not be characterised as a "Liberal event" or a Liberal party "fundraiser".

"The speech was legal, not political," the judgment said. "The event was not for Liberals only. The event was widely publicised within the legal profession."

In a statement issued in response to the ruling, ACTU Secretary Dave Oliver said that “Tony Abbott’s Royal Commission is terminally tarnished and Commissioner Heydon’s decision to dig in and stay despite the overwhelming perception of bias confirms this.

The ACTU has always maintained that the Royal Commission is a

political witch hunt by Tony Abbott designed to weaken his political opponents.” “ Deciding to speak at a Liberal Party fundraiser demonstrates a serious lack of judgement and the way in which the Commission has secretively handled this entire process has raised more questions than it has provided answers.

It doesn’t pass the sniff test.

Commissioner Heydon has sat in judgement on himself and found in his own favour.

What we are left with now is a multimillion dollar Royal Commission that is tainted – everything that has happened until now and everything that will happen in the future is stained by these events.”

Page 14 RAIL & ROAD September 2015

Branch Secretary Sleeps out for Homeless On Thursday 18 June, RTBU Branch Secretary, Alex Claassens again joined 250 company CEOs, union and community leaders in sleeping rough in the middle of winter yet again to raise funds and awareness for people experiencing homelessness as part of the 2015 – Ten Year Anniversary Vinnies CEO Sleepout.

“As a union leader I am committed to social justice and protecting the rights of workers and I know how easy it can be to find yourself out of a job, fall on hard times and spiral into homelessness.

It would be unimaginable to have to live through a Sydney winter without a roof over your head and it’s important we all remember that there are around 100,000 men, women and children in Australia who do so every year.” Mr Claassens said.

It’s these people I think of as we huddle up for the night on these sleep-outs.

Each year I never cease to be amazed and moved by the stories I hear as hard times that people find themselves in, as well of the inspiring stories of human resilience in the face of these hardships”.

I would like to take this opportunity to thank all of those who sponsored me in the St Vinnies

Sleep Out this year, in helping to raise valuable money to provide a range of services and facilities for those experiencing homelessness. In NSW we managed to raise just over $2 million this year, and approximately $6million nationally. These funds go to support the great work of St Vinnies, which last year in NSW included: • 3500 meals through the Sydney Vinnies Van • Accommodation services for those experiencing homelessness • Safe havens for 678 women and children experiencing domestic violence • 93 people with the skills to enter the construction industry • 286 men with physical and mental well-being support through the OLC’s men’s groups

The 2015 union team and Sam Crosby from the McKell Foundation

RAIL & ROAD September 2015

Page 15

Proud Paid Sick to Be Leave and UNION Long Service My union fought for my Paid Sick Leave and Long Service * ... And Won! * In 1951 the NSW Industrial Commission introduced paid sick leave and paid long service leave

Rail Tram and Bus Union – NSW Branch

Page 16 RAIL & ROAD September 2015

Train Security Concerns Amid Axing of Station Security Guards A recent report in the Daily Telegraph has highlighted concerns around removing security guards as reports of more violence on stations increase.

Night security guards at some of Sydney’s busiest and potentially most dangerous train stations have been axed by the NSW government.

The guards, employed by SNP Security, were contracted by Sydney Trains to keep watch on station concourses and platforms at notoriously troubled locations including Redfern, Punchbowl, Cabramatta and Campbelltown.

But an internal Transport for NSW email, obtained by The Daily Telegraph, reveals that security guards at 11 stations were not to be rostered on after “the last shift on Friday 28/08/2015”.

And as part of the Railway Stations Contract Security Rosters Review conducted by Transport for NSW, the number of guards rostered on at Blacktown has also been slashed, the email, dated August 25, said.

The memo, from the contract administration officer within Transport for NSW’s Operations Division, said: “Please cancel

the security rosters for the following listed railway stations (Redfern, Punchbowl, Cabramatta, Campbelltown, Fairfield, Hurstville, Macarthur, Hornsby, Ashfield, Glenfield and Miranda) and an amended security roster for Blacktown railway station”.

The RTBU, as well as district managers within Sydney Trains, are now concerned the guards’ removal will lead to more violent attacks on passengers and staff.

RTBU state secretary Alex Claassens said he was appalled at the decision to leave key Sydney stations without a single security guard.

“Surveys of transport staff show that 44 per cent of all workers have been abused by violent members of the public while they are at work,” Mr Claassens said.

“Sydney’s trains and stations are dangerous places and this government has already drastically reduced the number of security staff.

“It’s clear there are not enough guards on our trains and stations in the first place, and the ones that are there play a vital role in preventing violence from occurring.”

A Sydney Trains insider told The Telegraph that district managers at Sydney Trains were unhappy with the security cutbacks because they believed the guards’ presence acted as a deterrent.

The revelation of the guard cuts comes just days after the same newspaper reported the safety of passengers would be compromised by cuts to station staff numbers.

Sydney Trains is reviewing staff numbers at 87 ­stations across the network.

Sydney Trains said the number of guards deployed at stations was outdated and did not reflect the network’s current needs.

SNP Security said it would not comment because the matter was “commercial in confidence”.

Get on the

Bus Express!

Bus Express is constantly updated with new information from around the depots – including workplace disputes, industry updates and news about RTBU Members.

Members who subscribe to the web site get a fortnightly email with links to all the latest scoops. Printed newsletters will also be distributed around depots.

www.busexpress.com.au

Abbott’s Anti-Worker Laws Defeated in Win For Rights At Work The Senate’s decision to reject the Australian Building and Construction Commission (ABCC) and Registered Organisations bills is a win for the rights at work of millions of Australians.

These proposed laws are a key part of the Abbott Government’s agenda to weaken unions and attack our rights at work.

Since coming to office the Abbott Government has attempted to pass laws that strip away rights at work, embarked on an $80 million dollar political witch hunt with its flawed Royal Commission into Trade Unions and launched the Productivity Commission review of workplace relations that has recommended cutting penalty rates and introducing new enterprise contracts that will take away rights and conditions at work.

ACTU President Ged Kearney stated that “The Abbott Government has a clear agenda to attack rights at work whether through unfair

laws like the ABCC and Registered Organisations bills, its flawed and compromised Royal Commission into Trade Unions or its Productivity Commission inquiry that is trying to cut penalty rates and workplace rights.”

the ABCC – the lowest number of deaths in the past ten years.

Workers need strong rights and strong unions to protect themselves from injury and death through cost and corner cutting and the desire of many employers to put profits ahead of safety.

ABCC The Abbott Government’s attempt to set up anti-worker bodies like the ABCC, with coercive powers designed to intimidate safety reps and union activists, would have led to more injuries and deaths as occurred under the previous ABCC. During the period of the most aggressive activities of the ABCC in the last years of the Howard Government, workplace fatalities in construction peaked at 48 deaths in 2006 and 51 deaths in 2007, making them the worst two years for deaths in construction in the last decade.

In contrast, 30 deaths were reported in 2012 following the abolition of

Registered Organisations Bill The Abbott Government’s attempt to set up a Registered Organisations Commission is another attempt to hamstring unions to make it harder for them to effectively represent Australian workers.

This unfair law would have seen union officials, many who are ordinary workers in unpaid voluntary roles, subject to potentially multi-million dollar fines for speaking out on important issues such as health and safety.

The effect would have been to silence workers from speaking out and standing up for rights at work.

RTBU Activists On Call The RTBU has been making contact with the members who responded in the RTBU survey that they wished to be more involved in union activities.

The calls were made after hours by a small group of volunteers. With a majority of these calls members were very happy to talk to their union and long conversations followed.

Those that were contacted and want to be more involved have been referred back to their relevant division so the RTBU can assist in developing their skills so they can be more involved in union activities.

The RTBU thanks the volunteers that made the calls and say welcome aboard to the members that wish to be more involved with their union.

Page 18 RAIL & ROAD September 2015

RTBU Holiday Park at Jervis Bay RTBU Members can also take advantage of the United Services Union’s Aquatic Resort at Port Macquarie The RTBU and USU have a reciprocal arrangement where members of each union can book holidays at the two locations, at member discounted rates.

The USU owns the Aquatic holiday resort, in a glorious location on the Hastings River at Port Macquarie on the north coast of New South Wales. The resort consists of a Motel and a Caravan Park.

Stay in comfort at the holiday resort and enjoy great discounts and great style while relaxing in what many say is the best climate in Australia.

No matter what type of holiday you are after your needs are covered. Lots to do any time of the year! There are a lot of attractions in the area for you and your family – have a great game of Putt-Putt golf or try Jet boating, Parra Sailing, Waterslides, Wave Bowling & Lawn Bowls which are all within walking distance. And don’t forget the fishing!Please note – there are no tent sites at the Port Macquarie Caravan Park.

You can contact the motel or caravan park by calling the Comfort Inn Aquatic Motel on 02 6583 7388 or the Aquatic Palms Caravan Park on 02 6584 9155 or check the website at www.aquaticinport.com.au You can also call the United Services Union’s Head Office on 02 9265 8211 for more information.

Members must provide proof of identity plus their RTBU membership card at the time of arrival at Jervis Bay or Port Macquarie United Services Union or full rates will apply.

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

Each of the 14 self-contained units sleep up to a maximum of 6 people and rates are based on a family of 2 adults and 4 children. Other rates are available, however all units only have the capacity to sleep 6 people.

Units have a double bed, two single beds and a set of double bunks. You will need to bring your own sheets as only mattress protectors, quilts and pillows are supplied.

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

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

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

Kangaroos, possums, wallabies, kookaburras, bandicoots, echidnas and rosellas visit the grounds of the Holiday Park daily.

Enjoy fishing for whiting, flathead and bream from the calm shores or take a quick walk to experience beach fishing for tailor and salmon on the pristine Bherwerre Beach.

The boat ramp allows direct access via the Sussex Inlet Channel to St Georges Basin or outside into the famous fishing grounds of Jervis Bay. Bookings can be made by telephoning the RTBU Office on (02) 9264 2511.

Booderee National Park & Bherwerre Beach

Like Us on Facebook at

www.facebook. com/RTBUNSW

RAIL & ROAD September 2015

In the Dhurga language, Booderee means “Bay of Plenty” and the area is the home to the people of Wreck Bay. The Booderee National Park has the only Aboriginal owned Botanic Garden in Australia. The gardens are well known for providing a centre for interpreting plants used by the local aboriginal people.

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

The White-Bellied Sea Eagle is a special bird at Booderee as it is the guardian of the Koori people of Wreck Bay and features on the Booderee National Park logo.

This spectacular eagle has a white head, rump and underparts, dark or slate grey back and wings. It has an awe-inspiring wingspan of up to 2.2 metres.

Within the Booderee National Park you will find beautiful white sandy beaches at Green Patch, Murrays, Steamers, Caves and Bherwerre.

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

Page 19

Safety Matters Victory for Our Union: Fire Prevention Systems to be Installed on All Buses Our union has had a big victory with the NSW Transport Minister Andrew Constance finally agreeing to fit all State Transit Authority buses across the state with fire suppressant systems.

Drivers and passengers have until now been put at the very real risk of a serious incident or death because buses have been on the roads without a fire prevention system in place.

The union has been campaigning for all buses to be fitted

with the fire safety systems for a number of years, and this commitment by the NSW Government is a big win for us.

The suppressant systems work by detecting a potential fire, notifying the driver and extinguishing the fire before it turns into a safety hazard.

S

www.locoexpress.com.au

AM AND BU

co sion o L ivi D line on

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Members have been going to work concerned that they are driving buses that could catch fire at any moment without any system in place to either notify them or extinguish the flames.

A Bus on Fire in May This Year

R AI

Over the last few years we’ve seen too many of our buses catch fire while on the road, creating an extremely dangerous situation for drivers and passengers. A spate of incidences earlier this year highlighted how risky it is to have buses on the roads without any fire prevention system installed.

UN

ION

Page 20 RAIL & ROAD September 2015

Safety and Injured Workers Conference Because they are our rights!

Unions NSW will be holding its annual Safety and Injured Workers Conference on October 22 and 23, 2015.

In an environment where workers rights to safety protection and decent support are being challenged by business and government, this conference will explore the ways that workers are Þghting to reclaim our rights.

From 9am Thursday October 22 will focus on workplace safety rights From 9am Friday October 23 will focus on injured worker rights Trades Hall Auditorium, 377 Sussex Street, Sydney, NSW, 2000 Free for union members and injured workers Attendance should be registered through Rose Docwra at rdocwra@unionsnsw.org.au The Injured Worker Support Network Dinner will be held on the Thursday evening.

For further details please contact rebecca.george@workershealth.com.au

RAIL & ROAD September 2015

Page 21

Whistlestop Cootamundra Send Off 4th August 2015

In the photo we have the following: James Martin 26 years, Joshua Leddin 6 years, Mareck Preston 5 years, Ian Lucas 41 years, Terry Panton 40 years, Paul Panton 39 years, Darryl Radnedge 37 years, Stephen Flaws 38 years, Rodney Kite 36 years, Graham Eyles 42 years, Total 310 years.

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Page 22 RAIL & ROAD September 2015

Vale Willis (Bill) Summers 15th August 1935 – 2nd July 2015 Bill joined the NSW Government Railways in 1951 at Enfield. Bill became an Australian Federated Union of Locomotive Enginemen (AFULE) member and passed through the various grades of a Locomotive Engineman and was appointed a driver at Enfield in 1963.

At the time Bill joined the railways, the NSW Government Railways were starting to undergo big changes with locomotive power to haul their trains.

The new diesels and electric locomotives were still basically using the steam era design for locomotive cabs, such as ‘RIG10’ seating, air brake exhaust still exhausting inside the cabs and very little cab amenities.

Bill conferred with the AFULE and a Cab Committee was started up. This Cab Committee then liaised with the diesel locomotive builders and the NSW Government Railways and thus a lot of improvements were made to the driving cabs of diesel locomotives, XPT’s, electric trains, Explorers and many more for the health, comfort and well-being of locomotive enginemen.

So successful was this NSW Branch Cab Committee that it became the National Cab Committee to improve locomotive cab designs throughout Australia. As they say – the rest is history.

Locomotive enginemen of today, take for granted what’s in their cabs and can thank the AFULE and Bill Summers for getting the Cab Committee started all those years ago and all the cab improvements that were made.

Bill Summers transferred to Taree in 1983 as a Salaried Driver, a job he loved doing and after 45 years of driving trains, retired in 1996.

After battling ill health for the past four years, Bill finally entered eternal life.

Bill will be missed by his family and his many friends.

Barry Seghers Retired Locomotive Division Member

RAIL & ROAD September 2015

Page 23

Lawyers helping Rail, Tram & Bus workers across NSW Slater & Gordon is proud to be the preferred legal service provider for the RTBU NSW Branch, its members and families. We have offices throughout NSW & ACT and offer preferential rates and services to members of the RTBU and their families.

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Out of hours appointments

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Free standard wills

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Does not include other party costs.

May not include out of pocket expenses.

Call the RTBU on

(02) 9264 2511

or contact an official or your organiser for a referral

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For 24 hour information on legal services you can visit our website

www.slatergordon.com.au Reputation & Results

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Wills & deceased estates

AM AND

RTBU Change of DeTails foRm

S

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BU

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TR

UN

Change of Personal Details

ION

Surname

Given Name(s)

Gender Male Female

Street Address

Suburb

Post Code

Home Telephone Number

Work Telephone Number

Date Of Birth

Mobile Number

Email (work) Email (home)

Employer

Employee Number

Occupation: Eg Train Driver

RTBU Member Number

Work Location/ Depot

Date Commenced

Employment Status Fulltime

Part time

Casual

Change in Banking Details iMPortant Members need to specify the date of their next pay so that when the membership fee debit occurs on a friday there is sufficient money in the account to ensure the transaction is not dishonoured which results in you then being charged an additional fee by your bank.

Next Pay Week

Details of Bank aCCoUnt to Be DeBiteD Name of Financial Institution (Bank)

Branch where account is held

Account in the name(s) of Bank/State Branch Number: (BSB Six Digits)

Account Number (Maximum of 9 digits)

Details of CreDit CarD to Be DeBiteD Credit Card Type: Eg Visa, MasterCard, AMX

Credit Card Number

Credit card in the name of

Expiry Date

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

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

SIGNATURE

sUBMit

DATE Please email your completed form to nswho@rtbu-nsw.asn.au by using the submit button Post: Level 4, 321 Pitt Street, Sydney NSW 2000 or fax: 02 9261 1342

TR

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S

Membership Enquiries Telephone (02) 9264 2511

BU

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RTBU MEMBERSHIP APPLICATION FORM

AM AND

UN

ION

Surname

Given Name(s)

Gender Male Female

Street Address

Suburb

Post Code

Home Telephone Number

Work Telephone Number

Date Of Birth

Mobile Number

Email (work) Email (home)

Employer

Employee Number

Date Commenced

Occupation: Eg Train Driver

Work Location/Depot

Employment Status Fulltime

Part time

Casual

I, ___________________________________________________ the undersigned, hereby apply to become a member of the Australian Rail, Tram & Bus Industry Union, an Organisation of employees registered under the Fair Work (Registered Organisations) Act 2009 as amended, and hereby undertake to comply with the Rules & By-Laws for the time being of the Union.

Signature of Applicant _______________________________________________________ Dated _____________________ I, __________________________________________________ the undersigned, hereby apply to become a member of the Australian Rail, Tram & Bus Union NSW, an Organisation registered under the Industrial Relations Act 1996 (NSW) as amended, and hereby undertake to comply with the Rules and By-Laws for the time being of the Union.

Signature of Applicant _______________________________________________________ Dated _____________________ 1. I agree to pay $ __________ via

DIRECT DEBIT fortnightly; OR

CREDIT CARD fortnightly or any other amounts as may be determined from time to time in accordance with the Rules of the Union.

I certify that I have received a copy of Rule 14, Notification of Resignation From Membership.

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

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

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

Signature of Applicant _____________________________________________________ Dated ____________________ DETAILS OF THE ACCOUNT TO BE DEBITED

Account Name OR Name on Credit Card __________________________________________________________ Financial Institution ______________________________________________ Branch ___________ Date of next pay week __________________________ IMPORTANT Members need to specify the date of their next pay so that when the membership fee debit occurs on a Friday there is sufficient money in the account to ensure the transaction is not dishonoured which results in you then being charged an additional fee by your bank.

Bank / State Branch No. (BSB)

Card Type

MasterCard

Account No. / If Credit Union Membership No. _____________

Visa

Expiry Date

/

Credit Card Number

Please submit this Form to the RTBU’s Membership Officer by email nswho@rtbu-nsw.asn.au OR Mail to Level 4, 321 Pitt Street Sydney NSW 2000 OR Fax (02) 9261 1342

IMPORTANT PLEASE KEEP THE FOLLOWING FOR YOUR REFERENCE

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

RESIGNATION FROM MEMBERSHIP

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

2. A notice of resignation from membership of the Union takes effect:– (a) where the member ceases to be eligible to become or remain a member of the Union (i) on the day on which the notice is received by the Union or (ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member, whichever is later; or (b) In any other case:– (i) at the end of two weeks; or (ii) on the day specified in the notice: whichever is later.

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

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

If you are on unpaid maternity leave, sick or are off work for a substantial period of time you can seek to have your membership fees suspended until you return to work by giving written notice addressed and delivered to the Secretary of his/her Branch under Clause 11 (8): (8) Notwithstanding the foregoing provisions of this Rule, should any member during any financial year be without pay owing to ill health or to other causes which a Branch Executive regards as warranting special consideration, then the Branch Executive may grant the member exemption from payment of all or any contributions imposed in accordance with the Rules for all or part of the period during which he/ she is without pay. During the period of the exemption, the member shall be deemed to be financial.

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

AM AND

BU S

Level 4, 321 Pitt Street Sydney NSW 2000

TR L

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

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

R AI

OF THE RTBU

Tel (02) 9264 2511 Fax (02) 9264 1342 E-mail nswho@rtbu-nsw.asn.au Website www.rtbu-nsw.asn.au

UN

ION

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