Keep Big Brother out of Our Cabs

Sydney and NSW Trains Stripping Conditions via Corporate Structures Review

The RTBU is continuing to fight to protect workers from the draconian and dangerous proposal to introduce mandatory in-cab audio and video recordings.

The strong campaign by RTBU members has forced the Office of National Rail Safety Regulator (ONRSR) to verbally back down on some aspects of its proposal. ONRSR are only now recommending that rail operators should have access to in-cab recordings after a notifiable occurrence. This means they have temporarily backed down on pressing for operator access ‘exemptions’ in other situations (like live feeds or for training purposes) and instead will continue consulting with us on this. ONRSR’s recommendation is for trains only but this does not stop them adding trams/light rail in the future. Let’s be clear, our position is that we oppose the presence of in-cab video and recording devices. However, at the moment, unless a protection exists in an enterprise agreement or elsewhere, employers can legally force in-cab recordings on us. Therefore, we have an opportunity through this consultation process with ONRSR to create strict limitations in any future legislation on the access and use of in-cab recordings. Rather than have in-cab imposed on us the way rail operators want to, if we are able to reach a sensible position with ONRSR on our terms, then we will bring that position back to RTBU members to decide to endorse or reject it. Until then, we will remain opposed. Given there is no clear detail or protection from ONRSR at this time, we call on the Transport Ministers to oppose the proposal being put and allow more robust protections for our members to be put into proposed legislation. We understand how much this issue means to members. It is one that we all are passionate about, and we will continue fighting to make sure we get the best outcome for all RTBU members. We urge you to continue signing the RTBU petition rejecting the Office of National Rail Safety Regulator’s (ONRSR) draconian and dangerous proposal for mandatory in-cab surveillance on trains and trams, and contact Australia’s Transport Ministers before their meeting to discuss a proposal from rail safety regulator to make it compulsory for rail operators to install audio and video recording devices in the cabins of trains to monitor train drivers.

Sydney and NSW Trains advised the RTBU of their intention of transferring an extremely large portion of their salaried employees to Transport for NSW (TfNSW) Award and the commencement of consultation. The proposed review is of great concern to the impacted employees. It will result in Sydney and NSW Trains stripping employees of their conditions under the applicable enterprise agreements to the Award, an inferior industrial instrument. These employees will lose conditions such as those attached to the Deed, employee opal pass, picnic day, and impact on incremental pay increases and potentially superannuation for those in a preserved superannuation fund (SAS). The combined unions have held several member meetings where the membership established the big-ticket items and fully endorsed the union to fight for these items, which were: 1. No forced Redundancies for 5 years for transferring staff. 2. An extension of the Opal Card or the expedition of Gold

Passes for transferring staff. 3. The Deed to follow staff to

TFNSW or compensation for the loss of entitlements. The membership further identified additional items that the review would impact, and these were placed in an issue’s register and issued to Sydney and NSW Trains. On Monday, 26 April 2021, the RTBU and ASU Representatives met with the Sydney and NSW Trains Senior Executive to deliver the message from our members and remind them of their obligations to mitigate or avoid adverse impacts because of workplace change. Unfortunately, management ignored these obligations and advised your representatives that they would not budge on any of these concerns. Consequently, the combined unions attended Unions NSW as part of the step 3 disputes resolution process with Sydney and NSW Trains separately, which resulted in this matter not being resolved. On Wednesday 2 June, the RTBU and the ASU took the step 3 dispute to the Fair Work Commission. The matter was not resolved and is listed for hearing on 12 July. Following the conciliation, Deputy President Bull made a Determination that the Status Quo provisions of the dispute settlement procedure apply, which means that no changes can be implemented until the matter is resolved. Regular Zoom meetings have been held with members and we will continue to keep members updated as the matter progresses. Now is the time to stick together to fight Transport for NSW’s attempts to destroy jobs and conditions.