Member Update: 18 April 2024

Dear Members, 

We’re half way through April, and there’s been quite a lot of work that’s been happening in the Tram and Bus lanes that we’ll be updating members on! 

One of the most pressing issues we're currently facing is the ongoing pay dispute in Region 8. As many of you know, our in Region 8, we’ve been facing an ongoing process of trying tying to work as productively as possible to fix a problem that was created by the missteps of the company. We've dedicated an article to this issue, outlining your rights and the steps we're taking to support you through this difficult time. 

The situation in Region 8 is a stark reminder of the challenges we face in an increasingly mercenary transport landscape. In my recent interview with Chris O'Keefe on 2GB, I had the opportunity to shed light on the underlying causes of these issues and emphasise the need for systemic change. We’ve included a link to this interview for you to have a listen.  

As we navigate these challenges, we remain committed to securing a pay rise and standardised training for all bus drivers through our work with the Bus Taskforce. By advocating for formalised training and minimum standards, we aim to ensure that every driver has the support and resources they need to perform their duties safely and effectively. You can find more information on this below.  
 
In other news, with the Labor government failing our members in Region 7 over fixing the issue around the two-tiered workforce – we're stepping up with a campaign to restore the State Transit Authority. We've outlined the key benefits of this move in an update down below. 

And on the note of the Busways EA, which as mentioned, is a key battle ground for us, we’ve entered a new phase in our ongoing negotiations. We’ve included more for members down below – but as usual, the situation has turned into a mess. 

We’re also included updated on the status of Opal Cards distribution, and the exciting return of movie tickets for our yearly Picnic Day – which you can find more information on down below. 

As we press forward, I want to remind you that the RTBU stands with you, shoulder to shoulder, in every challenge we face. If you have any questions, concerns, or require assistance, please don't hesitate to reach out to us. Together, we will continue to fight for the dignity, respect, and fair treatment that every worker in our industry deserves. 

In unity,  
 
David Babineau 

RTBU Pushes for Pay Rise and Standardised Training 

 The RTBU is working diligently behind the scenes, through the Bus Taskforce, to secure a pay adjustment for all bus drivers. This initiative is tied to formalising training and our efforts to professionalize the industry by establishing minimum training standards. Our goal is to prevent companies from cutting corners on training for convenience and to ensure that all drivers receive the support they need to perform their jobs safely. 

The main reason there is interest in this from TfNSW and government is the driver shortage and the unregulated way training is provided. We continue to look at ways to improve training for our Light Rail members, but training in the Tram space is generally delivered much more consistently and is of better quality

Region 8 Audit Dispute

As you’ve all been aware, the pay issue in Region 8 has been an ongoing process of trying to work as productively as possible to fix a problem that was created by the oversight and missteps of the company. This has escalated, with the company issuing 'Reminder Notices' to all employees around March 12th, alleging that they have a debt. The company's letter states, "You must act now. KDNB requires your action by 3:00 pm, 2 April 2024. If you do not take action by the required date, KDNB reserves rights to refer, if any, debt to an external collection agency." That deadline has now come and gone so expect further communication. 

One of the main issues is that the amount people are now being told they owe differs from the initial audit, with no explanation provided. In some cases, the difference is over $1000. The company's use of virtual stand-over tactics against their own workforce by just telling them they owe an amount is disgusting and unacceptable. This is exactly what the Robodebt scandal did. Although thankfully no one has taken their own life because of this situation (as they did with Robodebt), we have had members in tears due to fears about the potential impact on their credit rating and other financial commitments.  

It is important to note that the company debt have the right to refer the debt to a debt collector. It would then be up to the employee and the debt collection agency to sort out the matter. If challenged and taken to court then the debt must be proved. Another thing that can happen is that the collection agency can apply to have the debt held against your credit rating. 

Should either of these things happen, the union will be defending members.  

The mishandling of this situation has been astounding. It appears that no one put in thought to implement a reasonable reclamation process. Instead in many cases, they resort implied threats and not adequately explaining the debt. The lack of transparency in pay slips, requiring drivers to reconcile their earnings using an Excel spreadsheet in their own time, further compounds the issue. To add insult to injury, management recently had the audacity to publicly blame driver absenteeism for cancelled services, despite their policy of not covering all work across Christmas and totally ignoring the impact their own actions have on drivers attending for duty. These issues will not be forgotten when bargaining begins at the end of next year.  

Don't hesitate to reach out if you have any questions or concerns to your delegate or head office.  

We report back to the Fair Work Commission on this matter this month and will update members afterwards.  

Bringing Back STA: The Benefits of a Government Operator 

The RTBU continues to lobby within the Labor Party for the return of State Transit as a government operator in Sydney's bus sector. With Labor failing our members in Region 7 who are standing by for the implementation of a two roster system, the union has stepped up this campaign which will culminate at the mid-year Labor state conference. Here are some of the key benefits to a public operator:  

1. It allows the government to benchmark the quality of services provided by private operators. 
2. It prioritises customer focus over profit, fostering long-term expertise. TfNSW recently demonstrated the value of this by deploying ex-STA staff to fix issues in Region 10, similar to how STA expertise was used to resolve problems during the 2000 Sydney Olympics. 
3. It provides TfNSW with an in-house solution when trains or ferries are disrupted. 
4. It ensures that workers' conditions do not deteriorate. 

We have allies in government advocating for this change, and we will continue to push for it as we come towards the mid-year Labor conference.  

Busways EA

We find ourselves in a new phase of our ongoing battle for equality in the Busways workplace. Recent meetings with the Transport Minister and Premier have revealed that while they express a desire to resolve the issues in Region 7, they claim to be unable to do so. TfNSW has provided what appears to be a water-tight reason, stating that the contract prevents them from taking action. Once again, the consequences of privatisation leave us at a disadvantage, with the responsible agency able to say, "We'd really like to help, but...". 

It is not good enough. Labor made commitments to our members and the community and they need to keep them, even if it means tearing the contracts. 

As usual, it falls upon the union to find the best solution we can to this mess. In our lobbying efforts with the government, given they’re not going to do the right thing by our members in Regin 7 we have shifted our focus to advocating for a return to a government operator.   

The company has also applied to the Fair Work Commission (FWC) to have our Enterprise Agreement conciliated, which is the first step towards potential arbitration. Arbitration involves presenting arguments for each clause to an FWC representative, who then makes the final decision. As a union, we generally try to avoid this scenario, as it takes bargaining power away from the workers. However, in this case, it seems unavoidable.  

We are currently trying to get the deal that was done in Region 6. This would stop two-rosters and bring everything attached to the rosters up to the ex-STA level. Examples of this is shift length, penalties, standing time, wages, etc. The focus is on first making sure that what workers earn day to day is the same. 
 
Once that is done then we’ll be looking at things like differences in sick leave, annual leave, long service leave etc. It is not going to be possible to get everything done in one hit, so like in Region 6 we’ll have to do it across a period of time but we WILL be getting that done. 

It is important to note that during the arbitration process, we are prohibited from taking industrial action. Due to the complexities of bargaining for separate workgroups under one EA when one group is still on a valid EA, industrial action has not been a viable option thus far. While we were exploring a few other directions, the conciliation application has now locked us into this path.  
 
We’ve had one meeting so far with the FWC and the company where we put this forward as the minimum we could accept; we’ve seen the damage done to members and their families by a two roster system and it has to be avoided at all costs. 

If the company comes to the next meeting later this month and says they can’t do this, then we go to arbitration and roll the dice on everything. Lawyers will be running that argument on our behalf if it happens. 
 
We will report back to members after the next meeting.

Opal Cards: Progress and FBT Clarification

The first round of opt-in for Opal cards for NSW bus members has concluded, and TfNSW expects the cards to be distributed to all participants by the end of April. While the issue of Fringe Benefits Tax (FBT) remains unresolved, here's what you should know: 

1. The general FBT threshold is $2,000 before Fringe Benefits Tax (FBT) applies. 
2. FBT only applies to Opal card use that is not related to commuting to or from work. 
3. If you're unsure about the FBT implications for your personal situation, the RTBU advises getting the card and using it only for work until the ATO settles the matter. 
4. If you’re an ex-STA employee, to update your existing card to work on all buses and the airport line you need to tap on, wait a couple mins then tap off and it will be sorted.

After this phase, we anticipate that all NSW Tram workers will be the next group to receive this hard-fought entitlement. We expect that when the FBT issue is finally resolved we’ll look at how we can advocate for cards for our CMET members in Canberra Trams. 

Movie Tickets

 We are pleased to announce that for this year's Picnic Day, set for 10/3/24 for Sydney and 14/04/24 for Newcastle. Each financial member will receive 2x Adult movie tickets. As COVID is no longer a pandemic affecting our activities, we are returning to the alternating system of providing movie tickets and Easter Show tickets. The movie tickets have been delivered to the RTBU office, and we are in the process of parcelling them up for delegates to distribute to members ASAP. CMET and Hamilton Tram members will have their tickets mailed directly to their residential address for convenience. Pyrmont and Lilyfield tram members will be seeing officials from the RTBU on site distributing tickets over the next week. 

Due to staffing issues in the membership department, you may not be on the list the delegate has. If that’s the case show your payslip or bank statement to confirm deductions and make sure the delegate records your details. The division is looking at an in-house solution to process and manage our own membership applications and records and we expect that to be in place in the next couple weeks. 

2GB coverage of the Region 8 Pay dispute 

Your Tram and Bus Secretary, David Babineau joined Chris O'Keefe on 2GB to discuss the ongoing pay dispute in Region 8. This was our chance to set the record straight and call out the real culprits: privatisation and the failure of private operators in our transport system. 
 
This discussion included a focus on the private operator's mishandling of the audit process, which has left many of you confused and stressed. The company's inconsistent claims about the amounts owed and their bullying tactics are clear signs of a broken system. 

During the interview, Babineau drove home the point that privatisation is the root of these problems. Region 8 is a textbook example of how privatisation leads to mismanagement and a lack of accountability. 
 
Remember, this is the company that did the same thing to our Newcastle members when they took over that operation and it seems they learned nothing since then. 

To listen to the interview, click here.

Did you know?

Your work time is from sign on to sign off, not from when you leave the depot. Any calculation about fatigue has to be made on that basis and not exclude sign on or sign off time.

In solidarity, 

David Babineau and Peter Grech