Tram and Bus Express: News and views from life in the bus & tram lanes No images? Click here Member Update: 27 November 2020Dear members, People from New South Wales and Victoria can be heard celebrating the re-open of the border! With both states on almost one month of no cases, people have started streaming in and out. We can only imagine the joy and excitement they are feeling as they reunite with loved ones after four months of border closures. There have been some wins for us this week as well! The Federal Court has dismissed Transit Systems' appeal against the Easter Saturday dispute, recognising that our members deserve to be paid for public holidays that fall on a Saturday. This has been the process for 7 years, and we fought tooth and nail to keep it that way for years to come. Watch this space, though, as TSA still have 30 days to lodge another appeal and we still need to make sure they pay it right if they decide to do so. In another dispute, the Chief Commissioner of the Industrial Relations Commission accepted our propositions - and rejected all of STA's arguments - and ordered backpay from March 18th 2019 to November 23rd 2020, after STA stopped paying excess travel time for bus drivers acting up in higher grades. While this affects much less people, it’s vital we keep all employers honest when it comes to fairness in the workplace. The STA have 30 days to appeal this. In more news, the RTBU is scheduled to appeal against the TWU/Busways Greenfield Agreement on Monday 14th December. This was lodged and was approved to cover the new employees of current STA regions if Busways came out victorious. Discussions between the RTBU and Transport for NSW continues as we fight to ensure there are proper processes in place in the event that the Fair Work Commission rules to uphold the Greenfield Agreement. We are also in the process of fighting to bargain for a single instrument to cover all bus drivers in Region 6. All drivers in Region 6, RTBU and TWU members, and even non-members are signing our petition, which we will present as evidence to the commission. The TWU are still opposing our efforts and telling members not to sign, but remember the RTBU sent the TWU advice on how we can work together to fix things about a year ago. The TWU never responded, so we're going it alone, just as we have been for the last two and a half years. If they decide to come on board then that’s great but we’re not waiting while workers suffer. And an appeal to members to please give generously to the donation account we have set up for Roy Stanton, an STA bus driver from Randwick bus depot. Roy has been involved in an accident that has tragically resulted in the death of a delivery driver. All funds from the account will go towards Roy's legal defence. View the details on where to donate here. Once again, we've included further info on the bus privatisation survey below along with a link to complete it as the NSW Government continues its plan to privatise the last remaining publicly owned buses in regions 7, 8 and 9. Passengers of these regions face inefficient travel times and unreliable timetables. So have your say and share it around to others who are being impacted to make sure that buses continue to run for people, not profit. We’re also looking for an RTBU member in the Canberra Trams to take part in the Workplace Organising Committee along with other unions, HSR’s and management representative. Learn more about the role and how to express your interest on the website. We hope that you continue to stay safe and well. TSA Agreement for Public Holidays Falling on Saturday StaysThe Tram and Bus Division has finally had a result from the Federal Court about its Easter Saturday dispute. This dispute came about because Transit Systems West Services Pty Ltd refused to honour the agreement the RTBU and the TSA came to around 7 years ago about public holidays that fall on a Saturday. It was agreed at that time that when someone is rostered off on a Saturday where a holiday falls, if they had worked 10 Saturday shifts in the previous 12 months, they would be paid 7hrs 36mins even if they were not rostered on. Given TSA bus drivers work a 6 day roster from Monday to Saturday, it was a pretty safe bet to say most people would qualify. The appeal by Transit Systems has been dismissed and the Court has recognised that our members deserve to be paid as they have been since 2013 for public holidays that fall on a Saturday. The court was particularly scathing in its decision, saying near the end: “Even if the applicant had a point, which it does not…”. Hopefully this is an end to the matter and we can finally have our ex-TSA members in Region 6 paid as they should have been. We won’t know for 30 days, which is the time TSA has to lodge an appeal. Maybe common sense will finally win out and they’ll stop with the pointless legal manoeuvres, but time will tell. Donations for STA Driver Roy StantonDonations are being collected to assist an STA bus driver from Randwick bus depot. Roy has been involved in an accident that has tragically resulted in the death of a delivery driver. We’ve all had and seen near misses and know how easily this could happen to any one of us. The RTBU has set up an account for drivers to donate to and help with Roy’s legal defence. Add your name or depot location to the deposit reference field so Roy knows who has contributed. Thank you for supporting our colleague as he traverses this most difficult of times. Majority Support Determination ApplicationThe RTBU is in the process of fighting to bargain for a single instrument to cover all bus drivers in Region 6. Having two companies involved makes it much harder to do but we believe we have an argument that ticks the box for the Fair Work Commission (FWC) to approve it. At the moment, all drivers in Region 6- RTBU and TWU members as well as non-union drivers can (and are) signing our petition. This will be presented as evidence to the commission that a majority of employees in the workplace want to begin bargaining, which the FWC can make happen by ordering the companies to the bargaining table. The TWU have so far been opposing our efforts, going so far as to send an SMS to their members telling them not to sign. It remains bitterly disappointing that another union is so reluctant to fight to lift conditions and fix what is such an unfair situation as Region 6. It should be remembered that the RTBU sent the TWU advice on how both unions could work together to fix things about a year ago, but never got a response- this is why we’re doing it alone. For the last two and a half years we’ve been fighting to fix this situation of a two-tiered workplace, and we’ll keep doing that. The first appearance before the FWC is on December 1st 2020, and as things develop we’ll keep members up to date. TWU/Busways Greenfield AgreementThe RTBU appeal to a full bench of the Fair Work Commission is scheduled for the 14th of December 2020 against the Greenfield Agreement that the TWU and Busways lodged and had approved to cover the current STA regions if Busways win the contract. This would cover all NEW employees and not the transferring employees that currently work for STA. It would create a two-tiered workplace. A Greenfield Agreement can be made between a union and employer when there is a new enterprise which does not yet have employees. The RTBU does not believe that in this situation a Greenfield should have been approved because it doesn’t meet the conditions required. It is disappointing to see the TWU lining up on the side of the bosses again. The Agreement as approved is for 4 years. The RTBU is still in discussion with TfNSW about other ways we can make sure that things like rosters are not split up in the event that the FWC rules to uphold the Greenfield Agreement. Union Win!Back in March 2019 the STA stopped paying excess travel time for bus drivers acting up in higher grades. Towards the end of last year we appeared in the Industrial Relations Commission and argued what was a very technical series of points. Happily, the Chief Commissioner accepted all our propositions and rejected every one of STA’s arguments. The IRC confirmed that a Bus Operators home depot actually counts for something and can’t simply be ignored. The Chief Commissioner ordered backpay from March 18th 2019 until November 23rd 2020 for eligible employees, and that STA pay drivers acting up travel time going forward. STA have 30 days to appeal the decision. CMET WorkgroupWe’re looking for an RTBU member to take part in the Workplace Organising Committee along with other unions, HSR’s and management representative. This group will deal with issues locally where possible and gives all employees the chance to have their issues heard and resolved in a transparent way. It’s not a throw away committee but a real opportunity to hold the company to account over serious issues. Anyone interested should contact the Tram and Bus divisional office on (02) 9319-7277. Along with other unions we’ve also raised what can only be described as a toxic workplace culture. CMET have agreed to issuing a confidential employee survey as a starting point to allow employees to voice their concerns without fear of reprisal. We encourage all members to take part, be heard and help turn CMET into a better place to work. Our Transport Community Consultation Region 7, 8 and 9The NSW Government is planning to privatise Sydney's last remaining publicly owned buses. The changes will impact commuters in Region 7 (North Sydney), Region 8 (Northern Beaches) and Region 9 (The Eastern Suburbs). From December, thousands of commuters in Region 8 covering the Northern Beaches alone will see their journey times inflate as they are forced to take two or three buses where they once took only one. The Our Transport campaign is collecting information about which bus routes commuters are most worried about losing. Have your say in this 5-minute survey. The Government keeps insisting that privatisation will mean better services for commuters. But we saw what happened in the Inner West and Newcastle – routes were changed or axed entirely, bus stops were removed and on-time running plummeted. We’re seeing it again now. There are many places in Sydney that our train network doesn’t reach, where people rely heavily on a reliable, convenient public bus network to get by. These buses must be run for the people, not profit, or commuters who live along less ‘profitable’ routes will get left behind. Take the bus privatisation survey now and help us show the Government that people depend on their local routes remaining intact and on time. COVID-19: FAQsWe are constantly updating the COVID-19 frequently asked questions section of the website, so please make sure you head there and have a look. If you still have questions, please don't hesitate to contact your local delegate or the Division office at nswbus@rtbu-nsw.asn.au. Thanks for your essential work during a time of crisis. Once again, stay safe. In solidarity, David Babineau and Daniel Jaggers |