2019 Rail and Road - March Edition

VOLUME 111 No.1 March 2019

AND

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

PUBLIC TRANSPORT A PRIORITY IN NSW ELECTION

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NSW BRANCH Head Office Level 4, 321 Pitt Street, Sydney NSW 2000 Tel (02) 92642511 Fax (02) 92611342 Email nswho@rtbu-nsw.asn.au Website www.rtbuexpress.com.au

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Tram and Bus Division 83-89 Renwick Street Redfern NSW 2016 Tel (02) 93197277 Fax (02) 93194341 Email info@rtbu-nswbus.asn.au

Locomotive Division

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Avoid the rush and the high season rates - book your holiday now. The Holiday Park is situated in a National Park and Members can enjoy a holiday by the sea and relax with fishing, tennis, boating, swimming or bushwalking.

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Level 4, 321 Pitt Street Sydney NSW 2000 Tel (02) 92643400 Fax (02) 92647679 Email nswloco@rtbu-nsw.asn.au

Newcastle Office 33 Gordon Avenue, Hamilton NSW 2303 Tel (02) 4961 4311 Fax (02) 4961 4779 Email newcastle@rtbu-nsw.asn.au

Wollongong Office Level 1, 306a Crown Street, Wollongong, 2500 Tel (02) 4227 5798 Email wollongong@rtbu-nsw.asn.au

Branch Executive Secretary Alex Claassens President Joanne McCallum Assistant Secretary (Road) David Babineau Assistant Secretary (Rail) Robert Hayden

Elected Full-Time Officials Branch Secretary Alex Claassens Locomotive Divisional Secretary Robert Hayden Tram and Bus Divisional Secretary David Babineau Tram and Bus Divisional President Daniel Jaggers

Organisers

Director of Organising Toby Warnes Freight Organisers Steve Wright

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 Peter O’Connor Telephone: 0430 188 116 e-mail: unionnetwork@bigpond.com Printing - Brightset, Banksmeadow, (02) 9316 4800 Art & Design - P Design - proberson@hotmail.com - Phone 0402 032 949

Kevin Pryor

Passenger Organiser Bob Newham Branch Organisers Helen Bellette

Mick Cartwright Luke Hayden Trent Hunter Industrial Officers Lizanne Bennett

Jessica Epps

(Locomotive Division) Communications Officer Peter O’Connor

We have had some hard won wins recently, which we should all pause briefly to reflect on and celebrate. Late last year we had a major win in keeping guards on trains. Following on from our two hard years of negotiations with NSW Trains and community campaigning, we finally convinced the NSW Government to commit to keeping guards on the New InterCity Fleet (NIF).

Thanks to the hard work of our NIF negotiating team, the Loco and RailOps divisional delegates, the campaign, and the 2018 Blind Australian of the Year, Martin Stewart, the Minister for Transport finally agreed to keep guards on our trains.

This was a mighty win for everyone involved, particularly for our guards who were facing the loss of their jobs from the end of next year, and commuters can now look forward to catching a train without fear.

Another big win came as the result of our representation , where a group of about 40 infrastructure workers on the Sydney Northwest Metro can now expect to receive hundreds of thousands of dollars in total backpay after the industrial umpire ruled in their favour in the pay dispute.

After hearing an appeal from the RTBU, the full bench of the Fair Work Commission ruled that the rail construction workers were entitled to an extra $3.54 an hour from engineering firm Laing O’Rourke.

After 12 months of fighting, our members have won what they deserved. This is

what happens when we stand together in unity and fight for our rights. Well done to all members and delegates involved in this important win.

RTBU Station members have also had an important win recently. Together, we told management that we will not accept temporary three (3) year contracts for Customer Service Attendant positions as this is an attack on our job security.

After disputes and constant messages from RTBU members and delegates, Sydney Trains management finally listened and agreed to make these positions permanent.

Since these positions were already advertised and recruited by Sydney Trains, we have agreed that Sydney Trains management will consult with the affected employees and reissue them a new letter of offer stating their position is now permanent.

Congratulations to all members and delegates involved! This win was only possible because we stuck together and showed management we were united!

It is essential that we keep these sorts of victories uppermost in our thoughts and in discussions with members, reminding ourselves of the continued importance and relevance of our union work, and the substantial outcomes that continue to flow from united efforts.

In the coming period there will be the rare opportunity for us to demonstrate our political and personal power as there will be New South Wales and Federal elections in quick succession. Transport services,

infrastructure and investment will be front and centre in both elections. In NSW in particular, public transport will be a major policy item for the major political parties. As the union which has been at the forefront of most of these developments, from the debacle in Newcastle – where major heavy rail infrastructure was ripped up to put in the new ‘integrated transport’ system, to the various project bungling, fails and budget blow-outs on the various metropolitan light rail projects, to the privatisation of four of our depots within Sydney buses, we need to have a strong voice in calling out these shortcomings, and highlighting the anti- worker approach that has underpinned all of these projects.

We need to be having one-on-one discussions in our workplaces, households and communities about transport issues and the impact these will have on the whole of NSW. RTBU members, their families and the broader community should put the need for a well planned public transport service that meets the needs of all NSW as a priority in the upcoming elections.

Vote for the public transport policies that benefit ordinary working people across our great state, and that address the future transport requirements of all, by putting the needs of transport workers, commuters and the community first.

In this Issue Industrial News Major Win on North West Metro Backpay. . . . . . . . . . . . . . . . . . . 4 Sydney Train Guards Forum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Labour Hire Employees Fight for Good EA . . . . . . . . . . . . . . . . . . 7 Industrial Notes IRA Agreement Claim. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTC NSW Infrastructure Maintenance EA Approved . . . . . . . . . 8 Station Staff Win on Protecting Job Security. . . . . . . . . . . . . . . . 9 New Intercity Fleet Update. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 General News RTBU Recall Election Results. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Sydney’s CBD and South East Light Rail. . . . . . . . . . . . . . . . . . . 12

Keolis Downer’s Newcastle Contract Jumps to $84m. . . . . . . .

Labor’s Commitment to Review Newcastle Buses. . . . . . . . . . .

Commuters Forced to Pay for Inferior Service. . . . . . . . . . . . . .

RTBU NSW State Transport Priorities 2019. . . . . . . . . . . . . . . . .

RTBU International Women’s Day Celebrations . . . . . . . . . . . . .

Public Perceptions Towards Public Transport in NSW. . . . . . . .

Safety Matters WHS Laws Should Provide Anti-Harassment Protection. . . . . .

Horrific Bus Driver Attack . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Majority Support Workplace Safety Manslaughter Laws. . . . . .

Whistlestop. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14 14 17 18 19 21 23 24 25 26

Industrial News MAJOR RTBU WIN! North West Metro workers secure backpay

Laing O’Rourke members ready to fight for a good Enterprise Agreement outcome Congratulations to all members and delegates involved in securing this important decision which will see infrastructure workers on Sydney’s North West Metro backpaid hundreds of thousands of dollars from Laing O’Rourke.

After hearing an appeal from the RTBU, the full bench of the Fair Work Commission ruled that the rail construction workers were entitled to an extra $3.54 an hour from engineering firm Laing O’Rourke.

The affected workers are employed

by Laing O’Rourke on construction work upgrading signals between Hornsby and North Sydney and realigning the North Shore line tracks between Artarmon and Chatswood.

In the enterprise agreement, the engineering firm agreed to pay its employees on the project an hourly

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bonus for work on any contract packages it won worth over $30 million.

These clauses are common in the construction industry and are designed to share in the economies of scale generated by large projects with workers.

The initial contract between Laing O’Rourke and Transport for New South Wales was just under $30 million, but the two parties later signed another agreement increasing the price above that threshold.

Laing O’Rourke argued the two agreements should be treated separately, but Fair Work preferred the union’s approach.

“This construction also avoids the possibility that the clause could be frustrated by forming six $5 million contracts for the same scope of

works,” the full bench of the Fair Work commission found.

The metro line is one of the Berejiklian government’s flagship projects. Last April, Ms Berejiklian said the project was $500 million under budget, a feat she attributed to strict cost control.

A Transport for NSW spokesman said the case was not expected to impact the Sydney Metro Northwest’s budget or schedule.

RTBU NSW Secretary Alex Claassens said, “After 12 months of fighting, our NSW RTBU members have won what they deserved. This is what happens when we stand together in unity and fight for our rights. Well done to all members and delegates involved in this important win.”

RAIL & ROAD March 2019

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When It Matters

SYDNEY PARRAMATTA NEWCASTLE CANBERRA WOLLONGONG CAMPBELLTOWN

Sydney Trains Guards Forum On 18th December 2018, Guards delegates and Sydney Trains management met to talk about issues that you have raised and what needs to happen to fix them.

Some of the issues discussed included: • The introduction of a “Crew Assist app” to improve contact with TCAC during degraded working mode.

The initial information provided about the application seems promising however more work is needed to make sure it is implemented properly.

• A proposal was tabled by Sydney Trains about fixing the numerous issues regarding leave entitlements. This included issues with attaching public holidays onto annual leave, long service leave requests and requests for leave at short notice (and the limited timeframes offered).

After reviewing the proposal, your RTBU Delegates decided that further discussions were needed with Sydney Trains to explore better outcomes. Some of these discussions took place in January, and we will keep members updated on progress.

• Guards who have recently “taken-up” or those in new classes that had not been allocated annual leave for next year will be notified of their leave allocation in the near future.

• Lift-up and Lay-back entitlements for standby shifts on the Master Roster has been an ongoing dispute.

Your RTBU representatives offered the simple solution of allocating a designated diagram number to each

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standby shift for Main Lines. Sydney Trains has agreed to this solution however standby shifts for Relief lines will remain unchanged (depot dependant). However, the Relief Line guards will be permitted to claim the lift-up and lay-back for any diagram that is altered from the schedule book as currently applicable to Main Line Guards.

• There was a discussion about the need to update the GRAWA. Further meetings will be scheduled to address this.

• Your Delegates emphasised to Management the importance of peer support when you return from Critical Incident Leave. The need to recruit more peer support mentors so that you can access the services you need is vital. Management has said they are in the process of training the current list of volunteers and are looking into the ratios of mentors/ crew to improve availability.

• Concerns were raised with the process of disclosing information to Sonic Health for health assessments.

Management said these issues would be addressed with the successful applicant once the tender for the health assessment contract is finalised.

• Finally concerns about pay audits and the process for fixing pay discrepancies were raised. Management gave assurances that the issue would be addressed.

There will be other guards’ forums early in 2019 and we will update you on these issues as soon as more information becomes available.

RAIL & ROAD March 2019

XS Rail Employees Ready to Fight for Good Enterprise Agreement

XS Rail labour hire employees’ mass meeting XS Rail is a new labour hire company based out of NSW who the RTBU is in negotiations with for a new enterprise agreement in an effort to improve labour hire conditions across the industry in NSW. The Infrastructure Division met with XS Rail in early February to discuss the enterprise agreement with weekly meetings ongoing since. In this meeting it was made clear to the company that the RTBU would not accept any hostility toward casual staff and also stated that

RAIL & ROAD March 2019

discussions will need to be held with their workforce regarding the agreement and being union strong.

Due to RTBU campaigning a meeting was arranged for Saturday, 23rd February at 0900 in Liverpool with approximately 170 XS Rail employees in attendance. The workers were ready to fight and unionise in an effort to overhaul conditions across the labour hire rail industry with over 50 people filling out RTBU membership applications on the day.

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Industrial Notes IRA Agreement claim The RTBU Locomotive Division are currently considering our ability to pursue a claim on behalf of all past and present members who were employed under the Independent Railways Australia Enterprise Agreement 2011 (the IRA Agreement), prior to the QUBE Logistics (Rail) Train Crew and RTBU NSW Enterprise Agreement 2015 (the QUBE Agreement) coming into effect.

Based on the construction of the IRA Agreement, there is a possibility that there are up to three wage increases owing to RTBU members who were employed by IRA during this period. The RTBU are seeking information from all members who were employed by IRA under the IRA Agreement, so that we can properly consider if there is a case and if so what our options are to pursue a claim which may include proceeding to the Federal Court of Australia which, if successful, could entitle ex-IRA employees to the potential for wage increases that may be owing, under the as mentioned IRA Agreement.

To gather relevant information for this claim, members were asked to complete a survey during February providing details of their employment with IRA during 2011 and 2015. The information provided will be used in the proceedings to pursue the wage claims.

Should you have any questions, please email jepps@rtbu-nsw.asn. au or talk to your delegate.

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ARTC NSW Infrastructure Maintenance Enterprise Agreement 2018 – Approved by the Fair Work Commission!

Your enterprise agreement has finally been approved by the Fair Work Commission (FWC)!

One of the longest fights in the history of ARTC took place over the last 2 years in what began with the company attacking your union rights, training and classifications, allowances and pay rates.

In the end, through your collective union power you beat back cuts to your workplace conditions and achieved a fair agreement that respected your union rights, improved your allowances, improved your classification structures, improved your training and progression and provided you with a pay rise above what the unfair workplace bargaining policy allowed for.

You should all be tremendously proud of yourselves.

Our organising, our workplace union structures and our activism will not cease now that this enterprise agreement negotiation is over.

We will not stop preparing for the next enterprise agreement, everything that we can possibly do together will be done from now until the expiry of this agreement to ensure a successful outcome.

We will prepare to fight for what you deserve; a wage that is in line with the work and productivity you provide.

Union members in ARTC Infrastructure have never been more united.

That unity will be in full force when we return to the negotiation table in 2022.

ARTC can either prepare to pay a respectable pay rise or face the consequences.

In Solidarity and congratulations brothers and sisters.

Australians need a

pay rise Big business has too much power.

And a third don’t pay any tax.

Authorised by S. McManus, ACTU Secretary, 365 Queen St, Melbourne 3000. ACTU D No. 69/2018

JOIN THE MOVEMENT FOR CHANGE

RAIL & ROAD March 2019

New Intercity Fleet Update Discussions with NSW Trains regarding the key issues of NIF operations recommenced recently and will continue on a fortnightly basis. This comes about following the consultation dispute lodged in 2018 that has had us in the FWC on several occasions.

Owing to this ongoing commitment from NSW Trains and the receipt of correspondence from the Transport Minister that reinforces his public

announcement to retain guards on the NIF. The Transport Ministers’ correspondence received on 29 January outlines the NSW Government contractual requirement with RailConnect to design and build the NIF train with capability to operate in 3 modes, Driver only, Driver and Guard & Driver and on board customer service representative however, the contract does not

stipulate how NSW Trains will operate the NIF. Whereas this correspondence reiterates his commitment to retain the guard on the NIF train as the operating model, it does not prohibit NSW Trains from seeking to change that model through the consultative process of the EA. Members will be regularly updated on the progress of these discussions.

Station Staff Win – Protecting our Job Security!

RTBU Station members have had an important win. Together, we told management that we will not accept temporary three (3) year contracts for Customer Service Attendant positions. We told Sydney Trains management this was unacceptable as this was an attack on our job security.

After disputes and constant messages from RTBU members and from your elected delegates, Sydney Trains management finally listened and agreed to make these positions permanent.

Since these positions were already advertised and recruited by Sydney Trains, we have agreed that Sydney Trains management will consult with the affected employees and reissue them a new letter of offer stating their position is now permanent. Congratulations to all members and delegates involved! This win was only possible because we stuck together and showed management we were united!

If you think your job security is under attack, please contact your local Delegate.

If you are not an RTBU member, JOIN THE UNION today. To join, contact our membership services team on (02) 9264 2511 or email at nswho@rtbu-nsw.asn.au.

General News RTBU NSW Branch Recall Election Results Results of the recent elections for the following union offices have been declared by the Australian Electoral Commission Assistant Branch Secretary (Road)

David Babineau

Rail Operations Transport Officers Sub Division Secretary

Andrew Skundric

Rail Divisions Affirmative Action (Woman)

Jaime Kelly

Rail Operations Train Guards Sub Division Secretary - Cronulla

David Irons

Locomotive Depot Organiser – PN Intermodal Taree

Joe Stephens

Fred Mounajjed

Administrative, Supervisory, Technical and Professional Division – Divisional Delegate to Branch Council

Simon Bolin

Rail Operations Train Guards Sub Division Secretary – Flemington Maintenance Rail Operations Train Guards Sub Division Secretary – Moss Vale

David Ford

Tony Bellett Michael Marsland Shane Sandford Andrew Bent Peter Weller

Rail Operations Train Guards Sub Division Secretary – Richmond

Darren Stone

Administrative, Supervisory, Technical and Professional Division – Sub Divisional Reps on Divisional Committee

Rail Operations Train Guards Sub Division Secretary – Sydney InnerCity

Braham Murray

Infrastructure Division Branch Divisional Vice President

Jonathan Parker

Infrastructure Division Sydney Trains Sub-Divisional Reps on Divisional Committee

Bill Bohan Brendan Fletcher Steve Gauci Tarvinder Panesar

Infrastructure Divisional Delegate to Branch Council – Northern District

Daniel Foot

Locomotive Depot Organiser – CountryLink/ Railcorp Sydney

Craig Stevens

Locomotive Depot Organiser – South Matthew West – PN Bulk Moss Vale Hageman Rail Operations – Signallers Sub-Division Rep on Divisional Committee

Purkis Purkis

Rail Operations Terminal Operators Sub-Division Rep on Divisional Committee

David Rowley

Fleet Manufacture, Overhaul, Maintenance and Service Division – Branch Divisional Vice President

Aaron Chu

Rail Operations on-Board Passenger Trains Sub-Division Branch Sub Division Vice President

Bren Jeney

Kevin Rolfe

Rail Operations on-Board Passenger Trains Sub-Division Branch Sub Division Secretary

Nerida Blom

Fleet Manufacture, Overhaul, Maintenance and Service Division – Branch Divisional Delegate to Branch Council - Metropolitan Fleet Manufacture, Overhaul, Maintenance and Service Division – Sub Divisional Rep on Divisional Committee – Metropolitan District

Brian Brooker

Fleet Manufacture, Overhaul, Maintenance and Service Division – Sub Divisional Rep on Divisional Committee – Western District

Clarrie Edwards

Rail Operations On-Board Passenger Nerida Blom Trains Sub-Division Secretary Grafton Rail Operations on-Board Passenger Trains Sub-Division Rep on Divisional Committee

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David Graham

RAIL & ROAD March 2019

All we want is a fair go!

Jobs we can count on

Fair pay rises that keep us ahead of the cost of living Rights that guarantee a fair go

Change the Government

Sydney’s CBD and south-east light rail In 2012, the NSW government decided to construct a light rail service (“CSELR” or “CBD&SELR”) between Circular Quay and the Randwick area. Major work started in October 2015, safely after the NSW state election on 28th March 2015. Under a 2013 plan coyly called Sydney City Centre Access Strategy, George Street was gradually closed between Circular Quay and Haymarket. From 4 October 2015, all George Street buses (including those that use the Anzac Bridge) were forced to divert, many along Elizabeth Street. Eventually, when (if?) the track is ready, most Elizabeth Street bus services will be replaced by light rail.

Most former George Street passengers will have to change between bus and light rail at Haymarket. Meanwhile, businesses along George Street and their customers will have suffered over three years’ disruption, dust and noise.

The light rail vehicles will be about 67 metres long (more than five times as long as a standard bus). Unfortunately, they will only have a few more seats than two buses. During peak demand, most light rail passengers will have to stand. Even so there mightn’t be enough room to carry the passengers that peak-hour buses currently do every day.

The capacity problem seems to follow from two constraints.

•O ne is NSW Roads and Maritime Services’ refusal to allow more than 15 trams per hour each way, because RMS expects that running any more trams would disrupt cross traffic unacceptably.

• The second is that trams are not to be given traffic-signal priority over cross traffic anywhere, not even at minor intersections along Devonshire Street. This will slow trams, causing random delays to the progress of each tram and giving passengers an unpleasant stop-start ride reminiscent of buses in George St. Any tram unlucky enough to encounter several red lights in

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succession will fall behind, and might well delay the tram behind it.

But a lucky tram that happened to get several successive green lights need not expect to get far ahead. It could catch up with the less-lucky tram in front. These interference effects would be increasingly obvious if the number of trams per hour increased and hence potential interference is a barrier to running more trams per hour.

Obviously, both of these matters should have been resolved before the project proceeded.

One notable idiocy, announced on 3rd December 2014, was to delete the planned World Square stop as unfeasible. Apparently the 67-metre length of the platform on a sloping street would require disruptive engineering works to comply with disability access requirements. So there’ll be no station between Town Hall and Chinatown - a gap of 525 metres. Unsurprisingly, many World Square businesses and Eastern Suburbs residents have expressed opposition to this announcement and/ or the whole project.

The obvious way to avoid the problems was to cancel the proposed light rail and instead complete the heavy rail from Bondi Junction to about UNSW. Otherwise, worthwhile mitigation of the principal problem (lack of passenger-carrying capacity) could have been achieved by having

some trams from Kingsford and/or Randwick travel to somewhere other than Devonshire St and George St. Possible destinations which should be considered include Bondi Junction, Kings Cross, St James, Green Square and Redfern/Darlington. No announcement has ever been made suggesting that the NSW government is evaluating such extensions.

Rather, numerous well-meaning but uninformed commentators want the lines extended southward to Coogee, Maroubra, Eastgardens etc. which would attract more passengers and thus exacerbate the shortage of capacity in the CBD. Following pressure from Randwick Council and elsewhere, the Randwick terminus was moved to High St, which could have left High Cross Park untouched; however, the largest piece of grass there was taken for an almostunderground electric substation.

A welcome reaction from Randwick Council was a push to save trees around Alison Road by reversing the change of alignment near the racecourse. As noted elsewhere, the total CSELR toll on trees will be many hundred, including Devonshire Street. If you object to motorways because they take trees, you should also object to anything else that takes trees. But the push failed, apparently because the racecourse suddenly decided the trams should be on the opposite side of Alison Road.

RAIL & ROAD March 2019

Fix NSW Transport!

The government of New South Wales has made some very short-sighted transport decisions which won’t work and in some cases will cause serious disruption to established public transport services.

1. The CBD and south-east light rail, being built from Circular Quay to Randwick and Kingsford, is extremely disruptive and will not have the capacity required for peak-hour loads.

2. The NSW government wants to build more roads through and around the inner west in a project called Westconnex. Every few weeks someone dreams up another bypass or tunnel or road amplification somewhere and adds it to Westconnex so it’s difficult to keep up.

3. Two kilometres of the railway into Newcastle, a vital piece of transport infrastructure for over 100 years, was closed permanently in December 2014 and its land was handed over to developers.

4. The railway between Epping and Chatswood, opened in 2009, is closed for seven months from 30 September

2018 for modifications required by the new small metro trains on the North West Rail Link to Rouse Hill.

5. The authorities are developing a project called Sydney Metro, extending the north-west rail link under the harbour and the CBD to the southern suburbs. They seem to be intent on minimising the number of stations for the inner suburbs.

6. The NSW government wanted to order four ferries (“River Kittens”) for the Parramatta River services which were too small for the job.

Meanwhile, new vessels ordered for inner-harbour Sydney Ferries runs were delayed for months.

Help us put pressure on the Premier Gladys Berejiklian and the Minister for Transport Andrew Constance to Fix NSW Transport.

Keolis Downer’s Newcastle private transport contract price jumps $84m The cost of the NSW government’s 10-year contract with Keolis Downer to run the Newcastle transport network has grown by more than $84 million.

An updated “contract award notice” posted on the government’s tendering website in November shows Keolis Downer’s initial $450 million price to operate the city’s buses, ferries and trams is now $534 million.

Transport for NSW said in a written response to the Newcastle Herald that the “10-year contract awarded to Keolis Downer Hunter has not changed and remains $450m”.

“The contract value quoted in the notice is the total forecast price over the 10-year contract term factoring annual indexation,” it said.

Sources told the Herald in early 2017 that the $450 million figure quoted by the government was the “net present value” of the contract, a figure representing what the contract was worth to Keolis Downer at the time of signing, rather than how much it would be paid over 10 years.

The revised $534 million contract value, which is 18 per cent higher than the original figure, represents an annual indexation rate of just over two per cent if it has been calculated over the full 10-year life of the deal.

Transport for NSW would not confirm if the “total forecast price” would be updated periodically throughout the contract, which runs out in June 2027.

The contract includes a schedule of when price adjustments for inflation will be applied, but this section of the deal has been redacted in the publicly available version of the document.

Rail, Tram and Bus Division President Daniel Jaggers said the community deserved an explanation about the new contract price.

“The NSW government ought to be transparent with the community and explain what’s happened here. We deserve answers,” he said.

“We’re talking about $84 million that the NSW government didn’t account for in the original contract.

“The NSW government is either completely incompetent and totally forgot to include inflation, or there is something else going on here.”

The government privatised Newcastle’s public transport with the stated aim of attracting more passengers and delivering “massive service improvements” compared with the former State Transit Authority service.

But the strategy has been a failure so far, based on Opal card data for the first year of Keolis Downer’s revamped network.

Transport for NSW statistics show passengers in Newcastle took 220,000 fewer Opal card trips in 2018 compared with the year before. This equates to a 4.6 per cent drop in patronage, or 4.1 per cent if the 21,157 customers of the new on-demand service in Lake Macquarie are included.

A NSW auditor-general’s report in November showed the number of buses running late in Newcastle had increased from six per cent to nine per cent since the network was privatised.

Confidential state Cabinet documents from 2013 forecast the light rail would move 1800 passengers per day, or 657,000 per year, which would represent a substantial fall in the number of people using public transport in the inner-city since the rail line was cut.

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 Page 14

RAIL & ROAD March 2019

Labor’s state election commitment to review Newcastle Buses Newcastle Labor MPs Jodie Harrison, Sonia Hornery, Jodi McKay and Tim Crakanthorp will have stated that Labor will complete an audit of the Newcastle bus network and work towards having buses run along Beaumont Street if elected in the March state election.

Opposition transport spokeswoman Jodi McKay and Newcastle state MP Tim Crakanthorp met with business owners and Hamilton Chamber of Commerce president Nathan Errington to discuss the impact of the removal of buses from the street, which occurred when the network was overhauled in January.

The removal has resulted in businesses losing trade and in some cases closing, according to the Chamber.

The Newcastle Herald reported that Mr Errington recently released findings from a survey of 46 businesses, which showed 42 supported the reinstatement of services along the street and 37 that said they had suffered a downturn since their removal.

“The loss of buses in Beaumont street has had a significant impact on business in the area,” Ms McKay said.

“Despite evidence showing a downturn in trade, the government refuses to even review the situation.

“We will review the disastrous bus timetable, and as part of that audit, we give an undertaking to work to have buses once again stop in Beaumont Street.”

“To cut off access to one of Newcastle’s main business districts is ludicrous,” Newcastle MP Tim Crakanthorp said.

“Where in any other city would this be an option? We’ve had this public transport experiment running for a year now, with nothing to show but decreased passenger numbers and increased punctionality failures. There needs to be an overhaul.”

Fair Fares Pledge Hunter Labor MPs and Ms McKay later met at Charlestown to discuss the party’s ‘Fair Fares’ plan, which would provide free public transport in NSW for children under the age of 16.

The policy aims to address the problem of some students being ineligible for free public transport to school.

Free travel is only available if a student’s home is more than 2.3km away from a primary school, rising to 2.9km for a secondary school.

Unions get greenlight on election spending Unions NSW convened an “emergency meeting” to develop a joint union campaign ahead of the state election that emphasises jobs, services, the bush, public assets and transport after the High Court upheld its challenge to third party campaigning laws.

Unions NSW secretary Mark Morey said that unions would immediately start developing an overarching campaign message after the High Court win against provisions in the Electoral Funding Act 2018 that limited the ability for third-party campaigners to pool resources ahead of state elections.

Morey said the court result also sent a clear message, given Unions NSW also won a challenge to an earlier round of election funding changes in 2013 .

“We’ve now run two cases on basically the same issue and won both of them,” Morey said.

“It’s time [the NSW Liberal Government] get the message that they can’t silence their critics using parliamentary privilege and tricky legislation.”

RAIL & ROAD March 2019

Since coming into force on July 1 last year, the caps in the Electoral Funding Act had already affected the ability of unions to lay early ground work on a joint campaign, target certain seats and buy advertising ahead of this year’s March 23 state election.

By reducing third-party campaigners’ spending caps from the $1.3 million set at the 2015 state election to $500,000 and prohibiting them from acting in concert to incur electoral expenditure in excess of the caps, Mr Morey said the laws “criminalised” the types of campaigns they would usually run such as the $1,202,550 ‘NSW Not For Sale’ anti-privatisation campaign in 2015.

Morey said the High Court’s decision was a “win for democracy” as it “shows you can’t use parliamentary privilege to silence people’s rights to participate in political communication and democracy”, and that was the case “whether they are millionaires or cleaners”.

“Working people have always pooled our resources to make sure our voice is heard as we simply don’t have the resources of an AMP, a Commonwealth Bank, mining company or a Malcolm Turnbull for that matter,” Morey said.

“The High Court has reminded the Liberals that campaigns run by everyday people are at the very heart of NSW’s democracy.”

Page 15

Will trams work in Newcastle?

Extract from media comments.

2km of the former heavy rail service in inner Newcastle has been replaced with a toy light rail service which opened on 18 February 2019.

The light rail does not operate in the small hours, despite several trains scheduled for that time. It was originally supposed to be only the beginning of a larger suburban network but no details of the expansion have been made public.

Rail services to Newcastle - NSW’s second city - were terminated by the NSW government on 25th December 2014. The next day, buses took over between Broadmeadow/ Hexham and Newcastle. The overhead wires and level-crossing boomgates were removed and the land is to be handed over to the Hunter Development Corporation.

The government’s intention was that the Hunter Development Corp would be able to remove the rails however the NSW Supreme Court held on 24th December 2014 that it was illegal to remove the rails without an Act of Parliament formally closing that part of the railway. The government appealed, arguing that closing two kilometres of track did not constitute closing the railway. In July 2015 the Court of Appeal upheld the government’s argument.

Replacing trains with buses and/ or light rail for some of the trip means changing vehicles, with inconvenience and delays, and is not in the interests of passengers.

It also requires a suitable site for interchange, something that is not always easy to find in cities.

Of course the trains should have been retained. But even if the site of Newcastle station and the corridor nearby really was required for urban redevelopment (officially called “revitalisation”), there was no need to close the full line. The next station, Civic, is convenient to cultural and educational facilities and should have been converted to be the terminus.

Page 16

Even better, a subsurface transport corridor could have been reserved between Civic and Newcastle stations and any new buildings be required to provide easements for train tracks through their basements.

Oddly, both the then Minister (Gladys Berejiklian) and the then Premier (Mike Baird) said on 4th December 2014 that they received many letters in favour of the rail closure and therefore they thought the majority supported the closure.

Meanwhile, on 18th December 2014 a select committee of the NSW Legislative Council, inquiring into planning in Newcastle and the Hunter area, recommended that the Boxing Day cuts not proceed.

The committee’s final report on 3 March 2015 recommended actions including re-instating the heavy rail services.

According to a report on 17 February 2015, leaked cabinet documents showed that the best light rail route was not chosen; the actual route chosen was that preferred by developers. Interestingly, the documents were apparently found in the former office of a disgraced former MP. On 21 February 2015, a council by-election was held to fill the seat vacated by the Lord Mayor who replaced Jeff McCloy following the latter’s appearance before the Independent Commission Against Corruption. The election strengthened the Labor-Greens alliance, meaning the council was against the rail truncation and associated re-zonings.

On 5 November 2015, the NSW government announced its intention to privatise Newcastle’s ferry, light rail and bus services under a single operator.

In February 2016, the NSW government tabled legislative changes that would allow the Minister to close railways arbitrarily.

Several commentators expressed doubt that the light rail would ever

be built. Digging up Hunter St to lay tracks was obviously going to be very unpopular, especially after the example of Sydney’s George St which apparently requires three years’ work to install tracks.

The NSW Minister for Transport said on 5 April 2016 that Newcastle’s transport system was broken. Whose fault is that?

Meanwhile, there appears to be a groundswell of resentment against the Liberal government for reasons including that most of the $1.7 billion raised by selling the port was spent away from Newcastle.

In a Newcastle Council meeting on 13 October 2016, Labor councillors joined Liberals in voting for rezoning the corridor.

On 21 September 2017, the Sydney Morning Herald reported on a leaked document showing just how low the benefit/cost ratio of the heavy rail closure and the light rail construction was. The project should never have been approved.

In a Newcastle Council meeting on 12 December 2017, Labor councillors again joined Liberals in voting for rezoning the corridor.

Judging whether the light rail is (or will become) justified is not a simple exercise. Does it get people out of their cars? Does it increase the number of people around the former rail terminus as compared to when the trains ran and more buses ran than is the case in 2019? How much damage has been done to Hunter St businesses by banning parking? Have connections to the waterfront been improved significantly by removing the trains? When the rail corridor is developed, what will the resultant centre look like? If “revitalisation” is an expected benefit of the light rail, quantitative assessment should be carried out before success is claimed.

Evidence so far suggests that motorists seem quite happy using King St instead of Hunter St. Will this continue?

RAIL & ROAD March 2019

Commuters forced to pay for inferior service as fare free zone lifted On Monday February 18, the RTBU spoke to the media in Newcastle to remind customers to take out their frustrations with the Government’s removal of the fare free zone on the Transport Minister, not drivers.

This NSW Government have run Newcastle transport to the ground and it’s commuters who are having to pay the price for it time and time again.

Tram and Bus Division Secretary, David Babineau, said the lifting of the fare free zone is bound to cause frustrations given the shambolic state the NSW Transport Minister has left Newcastle’s public transport system in.

Mr Babineau also called on commuters to remember not to take their anger out on bus drivers during the transition period.

“We understand how frustrating this is for Newcastle commuters – we’re frustrated too. But it’s really important not to take those frustrations out on the bus drivers and other workers who are simply doing their job,” Mr Babineau said.

“It’s important to remember that it’s not the bus drivers themselves making these decisions. It’s the Transport Minister we should all be taking our frustrations out on.

“The NSW Government has run Newcastle’s public transport system into the ground. The region was repeatedly promised a world-class public transport system, but what we’ve got at the moment is second-rate at best.”

RTBU NSW STATE TRANSPORT PRIORITIES 2019 The NSW Branch of the RTBU represents around 15,000 workers in the rail and public transport sectors, across both passenger and freight transport.

Our members are highly-engaged with the political process, and deeply committed to the success of their industries. They understand that freight and public transport is crucial to the economic and social life of our State. Without RTBU members, NSW would grind to a halt.

RTBU members also have a unique perspective on transport policy issues. They are on the front line of our transport networks, and therefore they understand the practical implications of high-level policy decisions. In short, they know what works, what doesn’t work, and what needs to be done.

The following policy initiatives and issues have been raised by our members through regular consultation over the past four years. They represent a thorough and achievable agenda for the state’s passenger and freight networks.

With the NSW State election coming up on March 23, we have provided a list of detailed priorities to the next NSW Government on behalf of our members. If you have a policy priority that is important to you but not on this list, please contact the union via nswho@rtbu-nsw.asn.au OUR ADVICE TO THE NEXT NSW STATE GOVERNMENT STOP privatising public transport. The State Government must seek to restore public operation of the Region 6 bus contract in Sydney and the Airport Rail Line.

SAVE the Bankstown line and not convert to Metro and leave it as heavy rail and publically owned.

RETAIN Train Drivers and Train Guards on passenger trains.

MAINTAIN state-legislated limits on hours of work for drivers and rail workers.

RETURN to a single-track access owner and safe working rules in NSW. BUILD all government-operated trains, trams and buses in Australia.

COMMENCE work on an East Coast High Speed Rail network, in conjunction with other States and the Federal Government.

BUILD a heavy rail link to the new Western Sydney Airport.

SUPPORT the construction of Inland Rail, and seek

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to leverage development opportunities from this vital nation-building project.

ENSURE that the metro trains and stations are appropriately staffed, with permanent full-time jobs, and that the system is operated safely.

INTRODUCE transparency into the decision making and ownership of providers of public transport.

ENSURE unions have access to TfNSW and associated stakeholders when peak-level consultative process are undertaken.

BRING NSW and Sydney Trains back into one integrated public organisation.

CONDUCT future re-structures through ‘co-design’ methods that deeply involve employees’ knowledge.

NEGOTIATE wage outcomes at State level and remove the wages cap.

RESTORE Workers Compensation rights to cover journey to and from work.

SUPPORT Safework to become a truly independent and properly funded body.

PROVIDE safe, clean, affordable, and reliable services for all commuters.

IMPROVE transport options for commuters living in outer metropolitan, intercity and regional areas of the state.

REPRIORITISE the productivity, efficiency and reliability of existing heavy rail to outer metropolitan areas before the delivery of new Metro services to inner west suburbs with multiple transport options.

REMEMBER that Public Transport needs to provide safe and accessible transport for ALL, and that includes the ability to get to platforms by way of lifts and assistance with luggage.

REOPEN disused lines such as the Blayney to Demondrille line, the Armidale to Tenterfield line, Casino to Murwillumbah line, and Rylstone to Mudgee line.

PRESERVE other disused rail corridors to ensure that future governments have the option of restoring rail services. Rail trails should be developed only as temporary measures, to ensure rail corridors (and infrastructure) are protected and used productively until such time as rail services can be restored.

If you have a state government policy issue related to transport that is important to you but not listed above, please let us know by emailing nswho@rtbu-nsw.asn.au’ For a detailed list of our priorities see rtbuexpress.com.au

RAIL & ROAD March 2019

RTBU International Women’s Day Celebrations The theme for International Women’s Day in 2019 was #BalanceforBetter This theme was taken into full consideration for the day by the RTBUand First State Super joining up to host three events for the day armed with food and lots of financial information about superannuation and addressing the gender gap.

The gender pay gap is resulting a growing number of Australian Women not having enough money to live on, let alone to retire.

The RTBU, First State Super and Endeavour Bank hit the road for International Women’s Day on Friday the 8th March 2019.

Celebrations kicked off with the RTBU and First State Super at Clyde Hub with Egg and Bacon rolls supplied by the RTBU BBQ. The second event was held in the Bradfield Room at Central Station with morning tea, with our partners First State Super generously supplying the cupcakes and other treats, with the day finishing off with a BBQ lunch at the Ryde Bus Depot.

The day was an amazing success with credit for the success of these events belonging with the delegates and members who supported and assisted in organising this day of celebrations.

IWD activities at Ryde Bus Depot

Members enjoying the IWD BBQ at Clyde

IWD Celebrations at Central

RAIL & ROAD March 2019

Page 19

Bring Back Our Buses: RTBU and commuters force action as the 378 heads to Bega The Transport Minister, Andrew Constance, may be blue in the face trying to convince voters that he’s delivering a world-class public transport system to NSW, but commuters – including Bronte residents in Sydney’s eastern suburbs - aren’t buying it.

The eastern suburbs commuters were robbed of a direct bus route from Bronte into the CBD more than three years ago when the Liberal Government axed the 378 service.

Ever since, local residents, backed by the RTBU, have been calling on local member, Bruce Notley-Smith, to bring back the bus – even going so far as to set up a local community group ‘Bring Back Our Buses.’

For years the Liberal MP has ignored the calls of the local community and bus drivers – refusing to listen to concerns about the issues the removal of the popular service has caused commuters.

Just a matter of weeks ago, Shadow Minister for Transport, Jodi McKay, announced her commitment to reinstate the 378 should the Labor Party win government on March 23rd – a huge win for local commuters.

Curiously, at 4pm the day before the Shadow Minister was due to address local residents and the media announcing her commitment, the local Liberal MP had a sudden

change of heart and, after years of silence, decided to put out his own statement announcing he too would be reinstating a direct route from Bronte to the city.

The details in the MP’s announcement were unclear, and at no point directly mentioned the 378.

Tram and Bus Bring Back Our Buses supporters protest outside Division Secretary, Andrew Constance’s office David Babineau said Notley-Smith’s group’s planned trip to the Transport announcement was a case of Minister’s electorate of Bega, he politics at its very worst. was mistaken.

“The RTBU has been supporting Tram and Bus Divisional Secretary, the calls to bring back the 378 for a David Babineau, President Danny long time. We just want to make sure Jaggers and Port Botany delegate, Sydney’s commuters get the quality Frank Farkas, recently joined the bus services they deserve, and at Bring Back Our Buses group on the moment that’s not the case,” Mr a 15hr round bus trip to Bega – Babineau said. heading to the Transport Minister’s “Labor’s announcement is a big win electorate office to protest his for the people of Bronte who have horrific attack on public transport been forced to deal with sub-par and calling on the Minister to step in service for too long. and commit to reinstating the 378.

“The lack of detail in the sitting “We joined a bus load of angry MP’s last minute statement means commuters who are all fed up at we’re not entirely sure what it the Transport Minister’s continued means, but one thing is for certain – attacks on our public transport we won’t rest until we get something system,” Mr Babineau said. better than a vague commitment.

“Unsurprisingly, the Minister “Regardless, it’s a bit disingenuous refused to meet us at his electorate to claim that he’s now office but that didn’t stop us for decided to listen to the holding a rally out the front. concerns of the people in “Transport workers and the his electorate a matter community are united in our anger of weeks out from an and frustration at a Transport election when the local Minister who seems more interested community has been in selling our essential transport incredibly vocal about services off to the highest bidder this for a very long time – and talking up the fact that he wants over a year now.” buses to be driverless in the future than in providing commuters with the world-class transport system this RTBU joins commuters state deserves. on the 378 to Bega “A 15hr round journey to Bega is If the local MP, Bruce Tram and Bus Division Secretary, David a long trip, but it just shows how Notley-Smith was hoping Babineau; Divisional President Danny Jaggers, much passion there is out there for his vague announcement a change to the way our government and Delegate Frank Farkas, protest outside would stave off the treats workers and commuters.”

Transport Minister’s Office in Bega Bring Back the Buses

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RAIL & ROAD March 2019

Public perceptions towards transport in NSW With the NSW State Election ahead of us, the RTBU NSW has commissioned independent polling to attain a real-time gauge on voters’ attitudes towards public transport issues and policies.

Transport is a key election issue in NSW so it’s important that the RTBU NSW stays up to date with public attitudes and commuter priorities in relation to public transport, and how this relates to the priorities and interests of our members.

The NSW poll, conducted by Essential Research, found the following results:

• 58% believe that privatisation will result in commuters getting an inferior service; • 68% say they are concerned about the NSW Government’s plan to privatise public transport; and • 60% believe the quality of public transport is already low in NSW and that privatisation will make it even worse.

Station staffing and commuter safety • 53% of respondents - 63% of women - said they would not be comfortable waiting at a train station that didn’t have any staff; • 36% of people, and 45% of women, say they don’t feel comfortable travelling on public transport at night; • 51% said they would not be comfortable travelling on a train that didn’t have any staff onboard; • 70% said they would be more comfortable travelling on public transport if there were more visible staff at stations and on platforms; • Just 10% said they are happy with the number of customer facing staff on NSW public transport; and • 76% said that all trains should have guards on them.

Driverless buses • 61% of people believe that the introduction of driverless public transport is simply a government cost cutting measure; • 66% are concerned about the impacts driverless public transport will have on jobs; • Just 31% support the introduction of driverless public transport; and • Only 27% of people believe driverless public transport will improve the service.

Some key insights of these results are that the NSW Government’s moves to introduce driverless buses privatise our public transport is overwhelmingly unpopular with voters. The results also highlight that residents want to see more staff, not fewer, on their public transport – a desire at odds with the NSW Government’s current job axing programs. The On the back of clear evidence and data from this polling, RTBU will continue to campaign in the media to support the community and our membership in our pursuit of a safe, accessible and affordable transport system.

Privatisation of public transport • 72% of people believe that selling our public transport to the private sector will result in increased prices for commuters;

RAIL & ROAD March 2019

Page 21

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Formerly State Super Financial Services

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should be left aligned.

At StatePlus, we have over 26 years of experience in the public sector helping hard-working Australians just like you on their journey into retirement.

Planning ahead and getting the right advice from our financial planning experts now, can make a big difference for you and your family in the future.

We know you’ve worked hard to earn your money. So we’ll work hard to give you the retirement you deserve.

Visit stateplus.com.au or call us on 1800 841 677 today to make the most of your defined benefit super scheme.

Formerly State Super Financial Services

StatePlus is the trading name for State Super Financial Services Australia Limited, holder of Australian Financial Services Licence 238430, ABN 86 003 742 756. This information is of a general nature only and is not specific to your objectives, financial situation or needs. Before making any decisions you should consider its appropriateness to you.

Where horizontal space contraints apply, the legacy statement may appear in two lines.

Leading is set solid (the same as the point size).

Safety Matters Change WHS laws to shift anti-harassment protection to collective footing Two leading workplace academics not least because they enable have told the national inquiry into harassers to have greater access to sexual harassment that workplace co-workers.” health and safety laws should be They recommend conducting more reformed to provide the basis for empirically-driven research to “pro-active and collective action” develop an understanding of “how to protect workers, in league with managers and workers may deploy substantial penalties for culpable digital technologies in the exercise employers, while they are also of sexual power to harass, humiliate, calling for the expansion of hate Preferred size onagainst, DL, A5marginalise discriminate speech laws to target harassment viaand A4 andformat bully”. – 7pt social media.

McDonald and Charlesworth say the QUT Professor Paula McDonald and discussion of sexual harassment on RMIT Professor Sara Charlesworth social media creates opportunities in their submission to the inquiry for men to “watch, search for and say social media and other portable intervene in feminist conversations, technologies “allow harassers derailing feminism through greater access to co-workers not harassment and redirecting their only in the immediate location of focus”. the workplace, but outside of it, and “Despite the fact that Australia has beyond regular working hours”. hate State speechSuper laws across most antiFormerly Financial Services “Sexual harassment via e-mail and discrimination jurisdictions, making mobile phones and other devices it a crime to publicly threaten or may appear on the face of it to be incite violence towards another less threatening because it can person or group on the basis of race, occur without face-to-face contact,” sexual orientation, gender identity, they say in the submission. intersex status and HIV/AIDS status, “However, these forms of hate speech on the basis of sex is not harassment may be at least as prohibited,” their submission says. distressing as more physical forms,

“Legal rules and complaints mechanisms in anti-discrimination jurisdictions have long been criticised as ineffective, particularly in placing the onus on those who experience sexual harassment to pursue individual remedies,” say the academics.

“Australia’s current WH&S size on format – regulationPreferred does not provide theA3 basis for proactive and collective action to prevent and redress genderbased violence, including sexual harassment.”

They recommend imposition of clear obligations on employers to take preventative action to better protect workers from harassment and victimisation, with substantial financial penalties for those who fail to do so.

Formerly State Su “We also need explicit provisions in WH&S regulation that acknowledge sexual harassment and other forms of gender-based violence as a serious risk, like other types of occupational violence, with mechanisms that support prevention and allow workers to pursue injury claims that arise from such hazards.”

Formerly State Super Financial Services

www.locoexpress.com.au RAIL & ROAD March 2019

Page 23

Horrific bus driver attack a reminder to respect drivers A recent incident in Sydney which saw a bus driver attacked with an unidentified chemical spray is a stark reminder of the need for the public to respect bus drivers. The driver was attacked because the intending passenger refused to accept the bus was too crowded to get on.

NSW Tram and Bus Divisional Secretary David Babineau, said the attack is an example of the dangers that bus drivers experience regularly.

“The unfortunate reality is that bus drivers fall victim to abuse on a regular basis. It’s often not as shockingly attention grabbing as this, but the abuse is constant year round and nobody hears about it,” Mr Babineau said.

“These are hard-working people simply doing their best to get passengers safely to where they need to go. They don’t deserve to be abused or assaulted for providing a public

service, or disrespected because people are being selfish.”

“This was a particularly shocking case, but it’s an insight into the dangers facing all drivers every time they get behind the wheel.

“For many drivers it’s brought to mind the horrific incident two years ago in Queensland where bus driver Manmeet Alisher was set alight and killed by a passenger.

“No one should be abused or, as was the case on Thursday night, have their life put at risk simply for doing their job.”

“Drivers are great at putting the safety of passengers first, but it’s important we don’t forget about our own safety too.

Getting safely home to our families and loved ones should always be a top priority.”

The RTBU is supporting the driver involved.

Work safety law review to recommend new industrial manslaughter laws An independent review of national workplace safety laws is expected to recommend a new offence of industrial manslaughter to make employers liable for gross negligence of their workers.

Marie Boland, former executive director of SafeWork South Australia, who led the review of national work health and safety laws, believes the new offence is needed to address community concerns and limitations in existing criminal manslaughter laws.

Under existing laws, a corporation can commit the crime of negligent manslaughter. But the review found that many lawyers have identified big hurdles to getting a conviction. Prosecutors need to identify a grossly negligent individual who embodies the company and whose conduct can be attributed to the corporation.

Ms Boland has recommended there should be a separate industrial manslaughter offence for workplace deaths where there has been a gross deviation from a reasonable standard of care.

It is understood that Ms Boland has recommended that someone who holds a duty of care should be liable if they are grossly negligent in exposing an individual to a risk of serious harm or death. She is also expected to

Page 24

recommend that people or organisations should no longer be able to recover the cost of related penalties under insurance.

The federal government has expressed opposition to the introduction of industrial manslaughter laws and industry groups have argued that existing criminal laws against manslaughter under state crimes Acts are sufficient.

The ACT and Queensland have already introduced industrial manslaughter laws and the Labor Party has pledged to introduce them in Victoria and in NSW, if successful at the March state election.

NSW ALP industrial relations spokesman Adam Searle said he would welcome a recommendation for the introduction of industrial manslaughter laws nationally.

Employers in NSW would face up to 25 years in jail for workplace deaths under Labor proposals. Under existing laws, companies only face fines.

“NSW has the highest number of workplace deaths in Australia and we need to take particularly firm action to tackle the problem,” he said.

Work health and safety ministers will meet and consider their national response in late 2019.

RAIL & ROAD March 2019

Majority Support Workplace Safety manslaughter Laws A significant majority of the Australian population support the introduction of industrial manslaughter laws and an expanded role for unions in ensuring workplace safety, according to new polling conducted by ReachTel for the ACTU. 58.8% of Australians want new laws which would see employers who are responsible for workplace deaths held accountable and ultimately sent to jail.

80.1% want to see significant financial penalties for employers who don’t manage psychological hazards such as bullying and stress.

62.5% believe that unions are important to improving workplace health and safety. Of that group, 88% believe that laws should be strengthened to help workers stay safe and work and allow unions to do the job of enforcing workplace safety.

This polling shows the weight of public opinion is on the side of working people who have been campaigning for government action to end all forms of workplace injuries, including the increasing level of psychosocial injuries, and prevent further deaths at work.

Four workers are killed at work every week in Australia.

ACTU Assistant Secretary Liam O’Brien has said that “Australians want urgent action to prevent more workplace deaths. States, territories and the commonwealth need to act to ensure that there are real deterrents in place which will force employers to make sure workplaces are safe.”

“This should not be happening in Australia in 2019. We need to change the rules, governments need to listen to the people and bring in industrial manslaughter laws now.”

RAIL & ROAD March 2019

The system is stacked against working women

We need to Change the Rules so women get better pay and more secure work.

HERE’ S HOW: •

Increase the minimum wage so it is a living wage

•

Reverse penalty rates cuts

•

Close the 15.3% gender pay gap

•

Close the superannuation gap so women don’t retire in poverty

•

End wage theft and superannuation theft

•

Women in long term insecure work need the ability to request a move to permanent work

•

Improve paid parental leave

•

Ten days paid family and domestic violence leave for all workers

•

Stronger rights for flexible work so we have time to care for family members when they need it

•

Address gendered violence in the workplace

•

Improve awards in line with community standards

Together, we can Change the Rules for working women.

Union women are Changing the Rules.

Authorised by S. McManus, ACTU, 365 Queen St, Melbourne 3000. ACTU D No. 118/2018

JOIN THE MOVEMENT FOR CHANGE

Page 25

Whistlestop Junee Gathers to Farewell Five Drivers Junee drivers, past and present, recently gathered to farewell retirees Bevan Hackett, Geoffrey Crossman, Mark Beeche, Marc Canino and Ronald Gustowski.

Friends, colleagues and comrades came from all over the state to see off the five who will take with them over 210 years of combined experience.

Locomotive Division representatives made the trek from Sydney to present the retirees with plaques commemorating their membership, also taking the opportunity to raise a glass in honour of their service.

Divisional Secretary, Bob Hayden, who spent time at Junee depot during the National Rail days, stated; “It’s great to see RTBU Locomotive members come together like this... Young members and old stalwarts bonding over a shared pride in what they do. Days like these are even more special in a town with a proud railway heritage like Junee”.

Eliott Hackett, NSW Locomotive South West Divisional Councillor, remarked; “It was great to see the young and old members unite as one and celebrate the retirement of 5 Junee drivers.

Two drivers Bevan Hackett and Ronald Gustowski started and finished their careers in Junee while Mark Beeche started in Narrandera. Geoff Crossman and Marc Canino both started in Sydney but made the move to Junee where they found a great Railway Depot.

It is sad to see the finish of another father and son duo in Bevan Hackett and Clinton Hackett but they worked the last train together.

I would like to thank Bob Hayden, Farren Campbell, Andrew Holt and Keith McMahon for making the trek down the highway to thank the retirees for their support over the years and present them with their plaques.

The good thing about these retirement functions is listening to the old drivers talk about the things they got up to on the job back then, things that would get you sacked or in gaol today.

We plan on holding more social events in Junee and would like to send the invite the RTBU to attend whenever they can.”

The Loco Division would like congratulate the Junee Depot for putting on such a great day and wish the retirees all the best in their future endeavours.

Page 26

RAIL & ROAD March 2019

4th Annual ETR Reunion

Lidcombe Bowling Club recently played host to almost 200, as drivers and support staff, past and present, came together for the 4th annual ETR Reunion.

The gathering again amassed over 5000 years of collective experience and even more stories.

Thanks and congratulations must go to Gary and Margaret Durrant for their work in organising this wonderful event.

RTBU Officials and Delegates worked the BBQ ensuring the hungry masses were fed.

Loco Division Secretary Bob Hayden stated “it’s fantastic to see camaraderie and mateship on display after all these years”.

The ETR reunion continues to grow each year with 2020 set to be the biggest event yet.

RTBU Retired Members Following an election conducted at the Retired Members meeting on 14 December 2018, the new RTBU Retired Members Secretary is Bruce Gale and the new President is David Boyd.

To contact Bruce about details of the Retired Members – contact Bruce on Mobile – 0414 934 878 Email – gale51@optusnet.com.au

RAIL & ROAD March 2019

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We’ve got your back Proudly supporting the NSW Branch of Rail, Tram and Bus Union and their members.

RTBU Members are entitled to a free, initial consultation and discounted rates when referred by their union.

GET IN TOUCH Contact the RTBU on 02 9264 2511 for a referral to Slater and Gordon Lawyers

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 cabins sleep up to a maximum of 6 people.

Cabins have a queen sized 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 cabins 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.

Bookings can be made by telephoning the RTBU Office on (02) 9264 2511.

Booderee National Park & Bherwerre Beach

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RAIL & ROAD March 2019

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.

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.

Like Us on Facebook RTBU Holiday Park Jervis Bay Page 29

CHANGE OF DETAILS FORM CHANGE OF PERSONAL DETAILS 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

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.

Part time

Casual

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 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.

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 • Tel: 02 9264 2511

Profits that go to members, not shareholders.

The right support and advice to help you

feel future ready

1300 650 873

Consider our PDS before making a decision. FSS Trustee Corporation ABN 11 118 202 672, AFSL 293340, trustee of the First State Superannuation Scheme ABN 53 226 460 365.

Buy Your Piece of Union History Limited numbers of the commemorative badge of the 1917 Great Strike are available for purchase from the RTBU office for $10.

1917 Great Strike CDs available at cost price!

Celebrate the stories and songs from one of Australia’s greatest class stuggles with a copy of the 1917 Great Strike Centenary CD! We’ve purchased 50 Great Strike CDs which we’re offering to members at cost price ($20.00 each). Get your copy at the RTBU Pitt St reception desk!

Have You Left the Industry?

Retired?

If you have left the industry, permanently or for a period, have retired, or are off work due to illness, 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 on 02 9264 2511 for more information.

Page 32

RAIL & ROAD March 2019

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 Don McKechnie on 0409 813 643 or the union office on (02) 9264 2511

Page 14

raIL & rOaD June 2010

RTBU Express Website

www.rtbuexpress.com.au RAIL & ROAD March 2019

Page 33

MEMBERSHIP APPLICATION FORM 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

the undersigned, hereby apply to become a member of the I, 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

via DIRECT DEBIT fortnightly OR 1. I agree to pay $ 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

DETAILS OF THE ACCOUNT TO BE DEBITED

Account Name OR Name on Credit Card Financial Institution Branch

Date of next pay

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

Account No./If Credit Union Membership No.

MasterCard

Visa

Expiry Date

/

Credit Card Number

SUBMIT

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 • Tel: 02 9264 2511

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

We can’t always see what’s coming down the track.

Serious injury or illness can come out of nowhere, which is why it’s smart to have health insurance just in case.

Join rt health by 30 April to go into a draw to WIN an iPhone X* With so many health funds, picking the right insurer can be tough. We’re the health fund that your union trusts to look after you, so joining rt health is an easy decision.

As an RTBU member, you’ll receive these generous additional benefits (on top of our great value health covers): • $150 Woolworths WISH card as a welcome gift • Immediate waiver of ALL 2 and 3 month waiting periods, so you can start claiming straight away • 5% discount on our health covers (excluding Ambulance-only cover) • Dedicated hotline and website for RTBU members

*Terms and conditions apply. Permit No NSW LTPS/19/31378. Railway & Transport Health Fund Limited (ACN 087 648 744) (“rt health”). 0219/3351

1300 886 123

help@rthealthfund.com.au / rthealthfund.com.au/rtbu