RAILROAD AND
THE MAGAZINE OF THE NSW BRANCH OF THE RAIL, TRAM & BUS UNION
NOT OVER
Rail workers continue fight for fair pay and conditions
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RAIL & ROAD is the official journal of the NSW Branch of the Rail, Tram and Bus Union and is produced as part of the union’s communication strategy to inform and report on matters of interest to members. All editorial and advertising inquiries should be addressed to the union office on Tel: 02 92642511; email: nswho@rtbu-nsw.asn.au
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NSW BRANCH
Head Office
Level 4, 321 Pitt Street,
Sydney NSW 2000
Tel (02) 92642511
Email nswho@rtbu-nsw.asn.au
Website www.rtbuexpress.com.au
Tram and Bus Division
Level 4, 321 Pitt Street,
Tel (02) 93197277
Email nswbus@rtbu-nsw.asn.au
Locomotive Division
Level 4, 321 Pitt Street Sydney NSW 2000
Tel (02) 92643400
Fax (02) 92647679
Email nswloco@rtbu-nsw.asn.au
Newcastle
Email newcastle@rtbu-nsw.asn.au
Wollongong Office
Level 1, 306a Crown Street, Wollongong, 2500
Tel (02) 9264 2511
Email wollongong@rtbu-nsw.asn.au Branch
From the Branch Secretary Toby Warnes
Dear members,
As we reflect on the past several months, I want to acknowledge the commitment shown by all of you. Your support has been crucial to the challenges we have tackled and continue to tackle throughout this year.
Our campaign for the Sydney Trains and NSW Trains EA has seen many significant developments, which I’m sure you’ve all seen in the past few weeks. The Fair Work Commission’s decision in February to suspend industrial action until July 2025 was incredibly disappointing. But despite this set pack, the development has actually positioned us well to finally secure the agreement we deserve.
While the NSW Government has been signalling this as a ‘victory’, it’s clear as day that the Comission’s proceedings clearly exposed the delay tactics and lack of good faith the Government has shown up until this point to engage in genuine negotiations. It’s been over 90 days since they sat down with us for bargaining - an unprecedented situation.
Earlier this year, we were forced to file an application in the Federal Court after Sydney Trains unlawfully withheld pay from members who participated in protected industrial action. Rather than addressing this issue directly, their response came via
expensive external lawyers, revealing where their priorities truly lie.
Throughout this dispute, we’ve consistently made it clear: we’re ready to meet anytime to finalise this deal. Unfortunately, history shows this Government only comes to the table when forced by protected industrial action, and they may wait until the final moments of the cooling-off period before re-engaging.
We won’t simply wait passively. Our EA delegates are actively developing strategies to maintain pressure through industrial, legal, and political channels. You can help by contacting your local MP about the Government’s refusal to negotiate in good faith.
On another front, we’ve begun important negotiations with Metro Trains Sydney (MTS). For context, many of our members at Sydney Metro have been working on fixedterm contracts without proper job security. In early February, I attended a meeting with then acting Transport Minister Jenny Aitchison and Transport Secretary Josh Murray, where we made it clear that addressing this job insecurity must be a priority.
We’re now pushing strongly for Sydney Metro and Transport for NSW to commit to maintaining safe staffing levels and to offer permanent positions to end the uncertainty that many of our members have been experiencing for too long.
In the freight rail sector, we’ve identified a serious and growing problem with the exploitation of labour hire workers. Companies like Pacific National and Aurizon have increasingly used labour hire arrangements as a way to undercut wages and conditions that union members have fought hard to secure. In response, we’ve recently launched Fair Work Commission applications to challenge these practices.
The safety of our bus drivers in Newcastle has also demanded our urgent attention. In a deeply concerning development, we saw five violent incidents against drivers in just 48 hours. This alarming situation clearly demonstrates that current safety measures are entirely inadequate.
We’re demanding that Keolis Downer implement real, effective solutions: increased police presence, better physical protection for drivers, and comprehensive systems to track and prevent these attacks. No transport worker should have to worry about their personal safety while simply doing their job.
Moving forward, we’ll continue to apply pressure where needed and negotiate firmly for members’ interests across all these fronts. Your continued support and solidarity make this possible and powerful.
General News
Fair Work Commission decision: What it means for NSW rail workers
The recent Fair Work Commission (FWC) ruling marks a significant turning point in our ongoing enterprise agreement campaign, coming after months of intense industrial action and negotiations with the NSW Government.
Here’s our breakdown of how we got here, what this ruling means, and our future steps to keep fighting.
The lead-up
On February 13, negotiations collapsed when Transport for NSW suddenly tried to strip away the established $4,500 new agreement payment - a condition they hadn’t questioned throughout months of talks.
This last-minute attack on conditions forced us to resume industrial action, including go-slow measures starting February 14.
The Government’s response was predictable - they immediately launched a media offensive, claiming a coordinated “sick out” was disrupting services. But when they took these claims to the Fair Work Commission on February 17, the truth came out.
The Commission thoroughly rejected their allegations, confirming what we’d said all along - there was no coordinated action, just legitimate employee absences.
The Commission’s decision
On February 20, the FWC’s full bench ordered a suspension of all industrial action until July 1, 2025. This covers everything from our planned industrial activities to ongoing campaign actions like uniform protests. Throughout the hearings, the Commission closely examined the Government’s conduct, making it clear they need to change their approach.
Looking beyond the headlines
The Government can no longer hide behind media spin about service disruption - they need to focus on reaching a fair agreement. We’ve already offered to return to negotiations immediately. While they might try to drag this out until the last minute, we’re developing strong strategies to maintain pressure through other channels.
Implications for workers
This decision also sets a concerning precedent for industrial relations across NSW. It potentially provides aggressive employers with a new tactical approach to circumvent legitimate industrial action, raising serious implications for workers’ rights across all sectors. The ramifications could extend well beyond our current dispute, affecting how future industrial campaigns are conducted across the state.
Moving forward
Despite this setback, our position remains strong. We’ve already made public offers to resume negotiations immediately and begun exploring legal options, including potential appeals. Our team is developing alternative strategies to maintain pressure during the suspension period, ensuring the Government can’t simply run down the clock until July.
Remember: our goal hasn’t changed - we’re still fighting for the fair enterprise agreement that rail workers deserve. The path might look different now, but our commitment to achieving that goal remains unwavering.
The Real Enemy of the Working Class: Why Workers Must Unite
Opinion piece by RTBU Delegate Giovanna Bonelli
As the cost of living continues to spiral out of control, Australians are being told a familiar story: wages are to blame. We’re told that businesses can’t afford to pay workers more, that wage increases are driving inflation, and that workers asking for fair pay are holding the economy to ransom. This is a lie.
What’s really driving inflation is corporate greed. Megacorporations like Coles, Woolworths, the big banks, and energy providers are raking in record-breaking profits while ordinary Australians struggle to keep the lights on and food on the table. These businesses are not just passing on rising costs - they’re exploiting the crisis, raising prices well beyond their expenses and profiting while the rest of us bear the burden.
But instead of uniting against the corporations and governments that are failing us, we’ve been taught to attack each other. This is the trap that keeps us divided.
Consider the treatment of train drivers in the media. We’ve been demonised with false claims that our wage demands would push salaries close to $200,000 a year. This gross misrepresentation isn’t accidental - it’s deliberate. It’s designed to make other workers compare their labour to ours, question whether we “deserve” fair pay, and resent us instead of the real culprits.
But the question is simple: Do nurses deserve a pay rise? Yes, they do. Do railway workers deserve a pay rise? Yes, they do. Do teachers? Psychiatrists? Cleaners? Police officers? Paramedics? Yes, they all do.
While workers are pitted against one another, politicians quietly enjoy obscene salaries and privileges. Prime Minister Anthony Albanese recently received a pay rise, bringing his salary to $607,471. Federal MPs now earn a base salary of $233,650, thanks to the independent Remuneration Tribunal - a system that guarantees their pay increases without the drawn-out negotiations, strikes, or struggles that workers face.
And here’s the kicker: Parliament only sits for about 70 to 80 days a year. For the rest of the year, MPs are meant to focus on committee work and serving their constituents, but the truth is that many focus on dismantling workers’ rights, spreading mistruths about wage claims, and serving corporate interests. And when they leave office, they enjoy a lifetime pension, funded by taxpayers - the same taxpayers they fail to support when cost-of-living pressures bite.
Meanwhile, Railway workers and Nurses are demonised for daring to ask for fair pay. Every time one group of workers fights for better wages, another group is quick to judgequestioning whether they “deserve” it, whether their work is harder, or whether their value is greater.
This is the Hunger Games of the modern workforce, and it’s an illusion. Workers are told there isn’t enough to go around, but the truth is there is plenty. Corporate profits are at record highs. The wealth is there - it’s just being hoarded
at the top. If the fat cats at the helm of these corporations unclenched even a fraction of their bloated profits and returned it to the workers who create that wealth, we could all have a living wage and a decent standard of living.
The real enemy isn’t your neighbour, or the worker fighting for fair conditions - it’s the corporations and politicians who have convinced you otherwise. Governments, including Labor, have abandoned the working class. Labor, the political arm of the union movement, was meant to stand for fairness, justice, and solidarity. Yet under the current leadership, it has betrayed those values.
Minns claims to seek a fair deal with workers, all the while plotting legal strategies to suppress protected industrial action. Mookhey publicly accuses railway workers of “holding the economy to ransom”. Both have taken an adversarial stance against the very workers who keep the transport system running.
These betrayals sting all the more because they come from a party that was built by and for the working class.
We must not forget this betrayal, and we must vote accordingly. Talk to your family, your friends, your coworkers. Help them understand that the struggles we face are not inevitable, nor are they the fault of other workers. The system is designed to keep us divided while those at the top continue to profit. The more people who recognise this, the stronger we become. When we stand together, we can demand real change - a system that truly supports and protects the people who built it.
To every member who has taken part in collective action to fight for fair wages and conditions: Thank you. It is not easy to stand up in the face of a hostile employer and an even more hostile government. It takes courage to push forward when those in power work tirelessly to keep you down.
But our struggle is not one of political posturing or empty rhetoric - it is grounded in the reality we face every day. We fight not for vanity or self-preservation, but for our families, our livelihoods, and our futures. Those who oppose us do so for political convenience, to serve the interests of the wealthy, and to protect their own positions. Their convictions are made of straw - fragile, self-serving, and built on nothing but vanity. Ours are made of tougher stuff.
It’s not too late. Workers must see through the lies and recognise the true enemy. We must stop fighting each other and stand in solidarity. The next time you see a worker fighting for better pay or conditions, don’t ask whether they deserve it - stand with them.
If we refuse to buy into the false narrative of scarcity, if we demand better from the corporations and governments profiting off our labour, we can create a fairer system - one where everyone shares in the prosperity we help create.
The choice is ours: remain divided and powerless, or unite and take back what is rightfully ours.
Loco News
Aurizon Picnic Day Dispute
The dispute regarding Aurizon’s failure to pay the stand-alone public holiday payment for members, who were rostered X-Day on the 2024 picnic day, has been re-lodged.
The response from members has been outstanding with 180 signatures from across the Hunter Valley in just over a week. This represents more than 60 percent of employees, which is a massive effort for such a short period of time.
The dispute goes further than not paying the stand-alone payment for the most recent picnic day that fell on an X-Day for some members. Under Aurizon’s interpretation,
unless you work into or out of the X-Day, you’re not entitled to the 7.6 stand-alone payment for ANY public holiday.
This interpretation sets a concerning precedent for all future public holidays. If left unchallenged, it could undermine the hard-fought benefits members rely on. It is crucial for all members to continue stand united to ensure that these entitlements are protected now and in the future.
Where to from here?
Now that the dispute has been lodged to each depot’s superintendent, we await their response. Once Aurizon’s response is received, we will consider it and provide members with relevant updates.
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QUBE’s Appeal in the Federal Court
Recently, the Federal Court heard QUBE’s judicial review application in a full-day session. After extensive legal arguments, the Court has reserved its decision, with a written judgment expected before June.
If QUBE succeeds in its review, which is directed at a highly technical legal argument, the company will have another opportunity to argue for the variation of the 2019 Enterprise Agreement. However, it is important to note that the 2015 EA cannot be varied, meaning the RTBU underpayment case will proceed regardless of the outcome of this judicial review. The RTBU will continue to monitor the case closely and provide updates as soon as further information becomes available.
Intractable Bargaining Update
The Fair Work internal benchmark is 12 weeks from the hearing date or last submissions. QUBE sought to file late submissions, and this was allowed in late December. The 12 weeks therefore expires at the end of March, meaning a decision for your new Enterprise Agreement is imminent.
Tram and Bus News
Safety Crisis in Newcastle – Bus Drivers face wave of abuse
In a disturbing escalation of violence, our Newcastle bus members faced five serious passenger attacks in just 48 hours this February. Three aggressive confrontations occurred on Thursday, followed by two more on Friday, highlighting critical failures in Keolis Downer’s safety measures.
The situation is completely unacceptable. Our members shouldn’t have to fear for their safety every time they start a shift, yet these attacks are becoming more frequent and more aggressive. Keolis Downer’s current approach to driver safety clearly isn’t working. We’re demanding immediate action from management. This includes increased police presence during high-risk periods, more revenue protection officers to handle fare disputes, and better incident reporting systems. These aren’t optional extras - they’re essential measures needed to protect our members.
We’ve called for an urgent meeting with Keolis Downer management to address these safety failures. If they won’t act voluntarily to protect our drivers, we’re prepared to
escalate our campaign until they do.
For our Newcastle bus members - we need you to report every incident, no matter how minor it might seem. Your experiences strengthen our push for better protection. Contact your delegate or the union office if you’ve experienced or witnessed abuse on the job. We’ll keep fighting until proper safety measures are in place to protect our members.
Private Bus Operators Failing Sydney: Auditor-General Confirms Crisis
The NSW Auditor-General has confirmed what we’ve been saying all along - privatisation of Sydney’s bus network is failing both passengers and workers.
A scathing new report shows private operators met on-time running targets in just 15% of instances between January 2023 and May 2024. Some companies never managed to keep cancelled services below the basic target of 0.5% during the entire period.
Our Tram and Bus Divisional Secretary David Babineau spoke to the media about these findings, highlighting how they validate our longstanding concerns about privatisation.
The numbers are damning. Passenger complaints have doubled, reaching 29 per 100,000 boardings by May 2024. Meanwhile, these private operators are being paid $8 billion to deliver this substandard service.
Transport for NSW isn’t off the hook either. The AuditorGeneral found they’re failing to properly manage these contracts or analyse problems. Even worse, contract conditions are preventing them from fixing service gaps.
While Transport for NSW claims driver shortages are improving, we know the reality on the ground. These private operators continue to attack working conditions while delivering worse services for the public.
This report proves what our members see every day: privatisation is a failed experiment that’s hurting Sydney’s transport network.
Transdev Light Rail
After having the entitlement of employee Opal cards promised by the previous transport Minister made a bargaining chip in negotiations (something that failed miserably), the cards are finally on the way! We understand the company has opted into the program and at the time of writing is in the process of having eligible employees opt in.
The Intractable Bargaining hearing is also approaching
Region 7 Buses
The RTBU is pursuing the Consolidation Application in the FWC, which would force the company to lift the wages and conditions of new employees to the level of those on the Copied State Award if won. We are also pursuing a Federal Court application for a General Protections claim about the creation of two separate rosters. The company implemented this in March and it has already caused significant financial hardship among ex-STA members and just as in Region 6, forced some drivers to leave the job so they can meet their financial obligations. Both of these legal avenues will be fully
Region 8 Buses
In the Northern Beaches, new bus purchases have been announced but we’re not sure how they’re going to be driven around. The driver shortage continues to bite as drivers look to be treated a bit better than indentured servants. The company sends debt collectors after workers then wonders why people don’t want to work for them. They import drivers from overseas and dud them and have applied to the Federal Government to import
Region 9
There is discussion with the RTBU about a couple pay calculation errors on the company’s part. We’re working through the issues and it looks like the company does not want to dispute these issues which is a step in the right
and the RTBU will be arguing that the full 23% pay rise from the Log of Claims be passed on to employees as well as 15 sick days.
The roping in application to the single interest multiemployer EA being negotiated by Sydney and NSW Trains is still slowly winding its way through the FWC. It appears that there may be quiet efforts to slow that down but we’re pushing ahead as fast as we can.
explored as we work to protect members from a ‘family owned’ company where that slogan only means the people screwing over the workers are related.
The status of negotiations is up in the air with the company starting the process to negotiate a replacement for the Driver/Mentor EA and also saying that negotiations to replace the Copied State Award have failed. The RTBU will be looking for a process that allows all workers to bargaining together and fight together for a just and fair outcome.
drivers from all over the world in numbers. All this rather than treat drivers with a bit of respect. It’s a perfect example of how privatisation has failed workers and the travelling public. We have multiple disputes ongoing in the FWC including one over the company seeking to have drivers on WAD letterbox recruitment flyers to homes nearby. This company needs to either pull its head in and treat drivers right or hand back the contract.
direction. Instead they are seeking to understand the errors and once confirmed, work with the union on a solution for members.
Tram and 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.
International News
Greek Workers Strike Over Rail Disaster Accountability
Mass Protests Mark Second Anniversary of Tempe Rail Crash
On February 28, 2025, Greek workers staged a general strike and mass protests to demand accountability for the 2023 Tempe rail disaster, which claimed 57 lives. The protests, among the largest in recent years, were fueled by frustration over the government’s failure to hold officials accountable.
Demonstrations took place in Athens and across Greece, with union leaders
and victims’ families calling for justice and safer transport systems. Public transport was severely disrupted as workers walked off the job, while businesses closed in solidarity.
The Tempe disaster, Greece’s worst railway crash, exposed serious transport infrastructure failures. Protesters carried banners reading, “You count profits. We count lives,”
underscoring concerns about safety and the need for lasting change.
Memorial services were held nationwide, with victims’ families urging remembrance and continued pressure for reforms. The strike sent a clear message: transport safety must always be a priority, and those responsible must be held accountable.
Italy’s Transport Network Disrupted by Nationwide Strike
Italy experienced major transport disruptions from March 7-8, 2025, as workers across rail, aviation, and highways staged a national strike demanding improved wages, rights, and working conditions. The strike,
organized by independent unions including Usi-Cit, Slai Cobas, CUB, USB, and ADL Cobas/Clap, also highlighted the struggles of women workers, coinciding with International Women’s Day.
underscored deep-seated frustration among transport workers over
and working
Union leaders emphasized the urgent need for government and industry action to address these longstanding issues.
General News
Same Job, Same Pay: Securing Better Conditions for Rail Workers
The RTBU is fighting hard to protect the rights of rail workers, and we’re excited to announce a major milestone in that effort. On 31 January 2025, we officially filed multiple applications with the Fair Work Commission under the Fair Work Act 2009 for regulated labour hire arrangement orders.
These applications will help ensure that labour hire workers across NSW are treated fairly and receive the same protections as directly employed workers.
Who’s Involved?
So far, Pacific National and Aurizon have been identified as the most prolific users of Labour Hire – so these first applications are targeted at their NSW based Enterprise Agreements:
• Aurizon NSW Coal Operations Enterprise Agreement 2021
• Pacific National Bulk Rail NSW Enterprise Agreement 2022
The Labour Hire firms we have included are: Trojan, Railtrain and Momentum.
Why This Matters
Labour hire workers are often exploited in our industry and are subject to uncertain conditions and lower pay compared to their directly employed counterparts. Over time this has lowered wages and conditions across the whole industry.
Work Covered by These Applications
The applications focus on workers performing critical rail operations, such as operating rolling stock and performing Rail Safety Work.
It will cover all employees performing the same work captured by the Aurizon Coal EA and parts B and C of the PN EA.
What This Means for You
This is a step toward ensuring that every rail worker, whether hired directly or through labour hire arrangements, is given the respect and conditions they deserve. These applications will provide greater consistency across workplaces and give labour hire workers access to the same rates of pay as permanent staff. These applications are a direct response to the concerns raised by our members. We’re committed to ensuring that no one in the rail industry is left behind.
Next Steps
The Fair Work Commission will be reviewing our applications and the employers will be required to respond. We’ll be working closely with members to keep the pressure on and ensure a positive outcome.
RTBU Union Delegate Training
Are you looking to step up as a RTBU Union Representative or looking to enhance your skills as a Union delegate?
Are you looking to get more active in the workplace? Talk to your organiser about enrolling in the RTBU level 1 delegates training.
If the employers do not consent, we will be required to put on witness statements and other evidence to support our application. If you have been approached by an organiser recently and indicated a willingness to give evidence in this matter, you may be contacted.
How You Can Support the Cause
• Put your hand up to give evidence.
• Stay informed by checking our member newsletters.
• If you are a labour hire employee who has not signed-up, join the RTBU today to ensure you receive your new pay benefits when these orders are made.
• Talk to your local delegate or organiser if you have any questions or concerns.
• Attend upcoming meetings and events (to be announced) to show your support.
This important first step is a win!
This is your win too — together, we’re building a stronger and fairer rail industry.
For more details, contact Greg Cameron at gcameron@rtbu-nsw.asn.au or reach out to your local representative.
Metro Victory: Safety-Critical Jobs Saved Through Union Action
In another classic example of the short-sightedness in our transport system, 48 workers at Metro Trains Sydney were recently informed that their contracts would not be extended.
The move would have seen 10 percent of customer service coordinator positions axed, putting extreme pressure on the 48 workers and their families during a cost of living crisis and leaving our transport network at real risk. However, thanks to the unity and dedication of the workers and their union representatives, commonsense has prevailed and the positions have been saved.
If these cuts – which were targeted at frontline safety personnel responsible for platform safety, emergency evacuations, and vital passenger assistance – were allowed to go ahead, many stations would have been left dangerously understaffed or entirely unmanned during certain periods.
The timing couldn’t have been worse:
• Safety incidents across Metro services have risen sharply this year
• Existing staff are already struggling with increasing safety challenges
• The Bankstown Metro line opening later this year requires over 100 additional staff
Through decisive RTBU action and a focused campaign, we’ve successfully reversed this decision.
Secretary Toby Warnes said management abandoned its staff reduction plan following persistent pressure and compelling advocacy from our union.
“This victory means 48 experienced workers and their families will keep their livelihoods during these difficult
economic times. It also ensures passengers can count on proper safety oversight during their journeys—particularly during service disruptions when professional assistance is most crucial.
“By preserving these experienced positions, Metro will maintain essential expertise exactly when it’s needed most for the network expansion, avoiding both significant costs and safety risks associated with training an entirely new workforce.
“This successful campaign demonstrates what we can achieve when we stand together,” Mr Warnes said.
The RTBU remains committed to vigilantly protecting both jobs and safety standards across the entire transport network.
Victory at Last: Targeted Delegate Succeeds in General Protection Case
In early January, Sydney Trains began targeting one of our Delegates. Currently, RTBU representatives are currently negotiating a new enterprise agreement (EA) with Sydney Trains, a process that has a history of becoming heated. However, the situation has taken a serious turn, resulting in one of our Delegates, who has been instrumental in leading various campaigns and enforcing protected industrial action (PIAs), being targeted by management.
This action is not only an attack on our Delegate but also an attempt by Sydney Trains to intimidate and silence our elected representatives and undermine the application of PIAs. This undermines the rights of our members under the Sydney Trains EA, the Fair Work Act, and the United Nations Human Rights Charter. If
we allow this to continue, it sets a dangerous precedent for all future negotiations.
In response, the RTBU immediately launched a petition and filed a general protection application with the Fair Work Commission (FWC). This application cited examples of how our Delegate was being treated differently from others in similar situations, thereby creating a hostile work environment.
The petition garnered overwhelming support, with 377 signatures backing our Delegate. Many participants also took the initiative to contact Josh Murry, NSW Secretary of Transport, and Matt Longland, CEO of Sydney Trains, to advocate directly for our Delegate. We are incredibly grateful
for this support, which meant a great deal to our Delegate during a very distressing time.
Thanks to the pressure from Delegates, Members, Petitioners, and those advocating for our Delegate directly with Josh Murry and Matt Longland, a settlement was reached at the FWC. We believe we would not have achieved this victory without the solidarity shown by those who rallied behind us.
This situation sent a clear message to Sydney Trains: Our Members will not tolerate the bullying or targeting of their Delegates in the workplace when exercising their rights. We sincerely thank the other unions and community members who quickly stepped up to support our Delegate.
Health Standard for Rail Workers: Guide to sleep apnoea testing Safety Matters
New Standard
Members may be aware that the National Standard for Health Assessment of Rail Safety Workers has been updated, with the new 2024 edition coming into effect as of 11 November 2024. These changes include significant updates to the sleep apnoea assessment process, which will affect many members. This is the first change to the Standard in about 7 years. What’s new relating to sleep apnoea?
All Category 1 and 2 rail safety workers will now undergo mandatory screening for sleep apnoea. This involves the use of validated tools to identify risk factors associated with obstructive sleep apnoea.
If flagged as “at-risk”, workers will be referred for a diagnostic sleep study, either through overnight monitoring in a clinic or a home-based study.
When are you deemed “at-risk”?
The Standard lowers the threshold to consider a worker “atrisk” and there are two categories of “at-risk” – “at high risk” and “at specific risk”.
Each has different implications for your medical clearance and ability to drive trains.
High Risk
A worker is “at high risk” if they have demonstrated sleepiness or inattentiveness.
You will have demonstrated sleepiness or inattentiveness if you have a:
1. Epworth Sleepiness Scale (ESS) score ≥ 16; or
2. History of self-reported sleepiness or inattentiveness at work; or
3. Work performance or incident reports suggestive of excessive sleepiness.
Specific Risk
A worker who is not high-risk is “at specific risk” if they have significant risk factors or a “STOP-Bang” test score of ≥ 3. Workers will be at specific risk even if they do not feel, and have no demonstrated history of, sleepiness or inattentiveness.
The STOP-Bang test is a screening tool/questionnaire that assesses risk factors for obstructive sleep apnoea. All rail workers will undertake this test as part of their medicals moving forward.
At-risk and your health clearance
If you are determined to be “at-specific-risk” or “at-high-risk” you will be required to attend a sleep study and have the results interpreted by a sleep specialist.
Be aware it may take considerable time to arrange a sleep study and produce a report.
If you are deemed “at-specific-risk” you will receive an interim health clearance of “Fit for Duty Subject to Review”. This means you can keep working and driving trains whilst the sleep is being arranged.
If you are deemed “at-high-risk” you will receive an interim health clearance of “Temporarily Unfit for Duty”. This means you will not be able to work driving trains until at least the results of the sleep study are known. This may be a significant period without pay.
Following Sleep Study
Workers diagnosed with no or mild sleep apnoea will receive a clearance of “Fit for Duty Unconditional.”
For moderate sleep apnoea, a clearance of “Fit for Duty Subject to Review” is issued, contingent on treatment compliance.
In cases of severe sleep apnoea, workers will initially be deemed “Temporarily Unfit for Duty” but may transition to “Fit for Duty Subject to Review” if treatment proves effective.
Non-compliance or ineffective treatment in moderate or severe cases will result in “Temporarily Unfit for Duty.”
Interaction with Enterprise Agreements
All EA’s have different terms relating to Health Assessments.
Generally, your employer should pay for the costs of the sleep study, however most EA’s require workers to use personal leave to ensure they are paid when deemed temporarily unfit for duty.
If you need assistance with this, please contact the Union.
Whistlestop
Vale Linley Minchin
We extend our heartfelt condolences to Linley Minchin’s family and colleagues following the sad news of his passing. Linley had a long and impactful career with the railways, starting in 1982 and continuing until his early retirement in June 2023.
Linley began as a Junior Station Assistant at Hamilton Station and in the signal box, gradually advancing to a Safe Working Station Assistant (SWSA) position while working on the Hunter Valley Track Strengthening project. Linley progressed to become a Grade 1 Signalman Relief, with Hamilton as his home station. He also worked at Wickham, Koorangang, and Hanbury Junction Signal Boxes.
Linley continued to rise through the ranks and develop his signalling craft to become a Grade
3 and 4 Signalman, eventually reaching the role of Area Controller 1 at Hanbury Junction Box. He also occasionally took on the responsibility of Hunter Valley Network Operations Superintendent. His final position before retiring early was as a Grade 2 Area Controller at Broadmeadow Box.
When Linley was not in the signal box, he pursued his other passions which included fishing, boating, and 4WDing on the beach.
As we say Vale to Linley, thank you for your years of service as a Signaller and proud union member.
Congratulations and Farewell to David Ling;
Proud North Signaller and Unionist
Well-known Area Controller and previous North Delegate based at Broadmeadow Signal Box, David Ling has decided to retire after over 40 years of dedicated service to the Railways. Throughout his career, David devoted many years to the craft of signalling and to advocating for unionism.
David was always willing to support his fellow union members and will be remembered for his commitment to improving employment conditions. As the North Delegate of the Signaller’s Sub-Division, David served as a strong voice for many. He was never hesitant to raise concerns from northernbased signallers regarding issues that affected them, whether dealing with Sydney Trains (formerly known as the State Rail Authority and RailCorp) or addressing matters with his fellow unionists in the Signaller Sub-Division.
David’s passions include cricket and rugby league, particularly following the Melbourne Storm, and had a secondary interest in rugby union. Recently, his passions expanded to include international travel.
We wish David and his family all the best in the future and assure him that we will genuinely miss his enthusiasm towards the union movement, disputes and industrial actions.
Have You Left the Industry? Retired?
Or No Longer Want to be in the Union?
If you have left the industry, permanently or for a period, have retired, or are off work due to illness, or no longer want to be a member of the RTBU, you must resign, or suspend your union membership, in writing.
Our union rules provide that members leaving the union for whatever reason, must do so in writing. If you do not resign in writing, you will continue to be included on our union membership and liable for the dues owing for that time.
Please note: Regardless of whether your union dues were paid by direct debit or through payroll deductions, the employer is not authorised to change your membership details after resignation or leaving the union. You must do this personally.
Please contact the membership office at the union for more information.
Join the RTBU Retired Members Association
Many retired members continue to receive copies of the journal Rail & Road, and take an interest in the life of the union. Many have also said that they would like to maintain a closer connection and involvement with the work of the union. The RTBU Retired Members Association was established to provide a forum for former members to meet, work on campaigns, address issues of particular relevance for retirees and to identify ways of assisting, supporting and contributing to the work of the union.
It is expected that the Retired Members Association will function independently and pursue issues that it identifies as priorities.
If you are a retired member of our union, we would like you to consider joining the Retired Members Association. Membership forms are available from the RTBU Head Office, Level 4, 321 Pitt Street, Sydney or on the union website: www.rtbu-nsw.asn.au
For more information, contact Peter O’Connor at the union office on (02) 9264 2511
For more information, contact Chris Doyle on 0425 327 195 or the union office on (02) 9264 2511
CHANGE OF DETAILS FORM
IMPORTANT Members need to specify the date of their next pay so that when the membership fee debit occurs on a Friday there is sufficient money in the account to ensure the transaction is not dishonoured which results in you then being charged an additional fee by your bank
DETAILS
I/We authorise and request the Australian Rail Tram and Bus Industry Union, until further notice in writing to arrange for my/our account described in this direct debit authority, to be debited with any amounts which the debit user may properly debit or charge me/us through the direct debit system.
I/We authorise and request this direct debit authority to remain in force until cancelled, deferred or otherwise altered in accordance with this service agreement.
MEMBERSHIP APPLICATION FORM
I, the undersigned, hereby apply to become a member of the Australian Rail, Tram and Bus Industry Union, an Organisation of employees registered under the Fair Work (Registered Organisations) Act 2009 as amended, and hereby undertake to comply with the Rules and By-Laws for the time being of the Union.
Signature of Applicant
Dated
I, the undersigned, hereby apply to become a member of the Rail, Tram and Bus Union of New South Wales, an Organisation registered under the Industrial Relations Act 1996 (NSW) as amended, and hereby undertake to comply with the Rules and By-Laws for the time being of the Union.
Signature of Applicant
Dated
1. I agree to pay $ via DIRECT DEBIT fortnightly OR CREDIT CARD fortnightly. or any other amounts as may be determined from time to time in accordance with the Rules of the Union. I certify that I have received a copy of Rule 14, Notification of Resignation From Membership.
2. I/We authorise and request the Australian Rail, Tram and Bus Industry Union, until further notice in writing to arrange for my/ our account described in this direct debit authority, to be debited with any amounts which the debit user may properly debit or charge me/us through the direct debit system.
3. I/We authorise my employer to notify the Australian Rail, Tram and Bus Industry Union of any change of address during my employment.
4. I/We authorise and request this direct debit authority to remain in force until cancelled, deferred or otherwise altered in accordance with this service agreement.
Signature of Applicant
Dated
IMPORTANT
PLEASE KEEP THE FOLLOWING FOR YOUR REFERENCE
RESIGNATION FROM MEMBERSHIP
OF THE RTBU
1. A member may resign from membership of the Union by written notice addressed and delivered to the Secretary of his/her Branch.
2. A notice of resignation from membership of the Union takes effect:–
(a) where the member ceases to be eligible to become or remain a member of the Union
(i) on the day on which the notice is received by the Union or
(ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member, whichever is later; or
(b) In any other case:–
(i)at the end of two weeks; or
(ii)on the day specified in the notice: whichever is later.
3. Any subscriptions, fees, fines and levies owing but not paid by a former member of the Union in relation to a period before the member’s resignation took effect, may be sued for and recovered in the name of the Union in a Court of competent jurisdiction, as a debt due to the Union.
4. A notice delivered to the Branch Secretary shall be deemed to have been received by when it was delivered.
5. A notice of resignation that has been received by the Union is not invalid because it was not addressed and delivered the Branch Secretary.
6. Resignation from membership of the Union is valid even if it is not affected in accordance with this Rule, if the member is informed in writing by or on behalf of the Union that the resignation has been accepted.
What happens if I get pregnant, sick for an extended period or take leave without pay?
If you are on unpaid maternity leave, sick or are off work for a substantial period of time you can seek to have your membership fees suspended until you return to work by giving written notice addressed and delivered to the Secretary of his/her Branch under Clause 11 (8):
(8) Notwithstanding the foregoing provisions of this Rule, should any member during any financial year be without pay owing to ill health or to other causes which a Branch Executive regards as warranting special consideration, then the Branch Executive may grant the member exemption from payment of all or any contributions imposed in accordance with the Rules for all or part of the period during which he/ she is without pay. During the period of the exemption, the member shall be deemed to be financial.
The Rail, Tram and Bus Union is bound by the Privacy Act and your information can only used for RTBU processes and cannot be used for any other purposes.
The RTBU Executive, Officers and Staff wish all members and their families
Level 4, 321 Pitt Street
Sydney NSW 2000
Tel (02) 9264 2511
Email: nswho@rtbu-nsw.asn.au
Website: www.rtbuexpress.com.au
