Member Update: 11 August 2023

Dear Members, 

We hope you've been well throughout this week.

Out in Newcastle, we've reached an agreement on a 2025 expiry date. We've presented some asks to the company, including 48hrs notice of a change of shift and the 15% penalty to commence from 5pm instead of 7pm, and before 6am instead of 5am. Read more about it in the article below, but members should note we are expecting a response from the company next week.

On another note, this week a meeting organised by the RTBU took place between us, TfNSW, and Busways General Manager Mr. Byron Rowe - you can find details of this down below. We've also included a bulletin which members can find a link to below - but in short, Busways has had a strange reaction to the protected action ballot, accusing the union of trying to mislead the Fair Work Commission. Find more on this below. 

Out in Region 6 EA that was voted up by members is in the processes of being ratified by the Fair Work Commission (FWC). Once FWC is happy with the submission, it'll go into a queue for approval. Members can read all about this down below.

Adding to this, out in Region 8, KDNB facing ongoing issues with its payroll, with members still being asked to repay the gross amount instead of the net, and audit mistakes persisting. The union is advocating for a single payslip system, exploring legal options, and expressing concerns about the implementation of a telematics system with potential safety hazards. Read more about this below. 

In other news, the union is collaborating with the International Transport Federation to assess technology usage by Transdev, a major global transport company. They've distributed a questionnaire to Transdev employees and encourage widespread participation to explore potential agreements that could limit certain technologies or practices for the benefit of worker protection.

As some of you may be aware, QUBE members were locked out for 13 days, being left without pay. Adding to this, QUBE gave $1000 gift cards to those who chose to work during this period. That's why the Union's Locomotive division has set up a support fund for financial assistance to union members. Details care available down below - but any support is appreciated. 

And finally, the Union has recently acquired Training Ahead Australia (TAA) and overtook ownership on 1 August 2023. You can read all about this in the article down below.

As always, if you have any issues, big or small, don't hesitate to contact us. We hope all members have a safe week ahead!

Newcastle Update Light Rail

Negotiations are continuing but there’s been little movement.

KDH were wanting to extend the expiry date to 2026 where all previous discussion has been around an expiry of 2025, and we now have agreement on a 2025 expiry date. We are looking to line up the Bus and Tram Agreements as much as possible, so every bit helps.

We have asked for 48hrs notice of a change of shift and the 15% penalty to commence from 5pm instead of 7pm, and before 6am instead of 5am. We have also asked for some minor changes in regards work flexibility. The company has refused most of these requests and is still considering the 15% penalty.

Unfortunately, the KDH position has always been a roll-over of the greenfield agreement and the fact that Network Controllers are on a separate Agreement makes things difficult.

We are expecting a response from the company next week.

Region 7 Update

This week a meeting organised by the RTBU took place between us, TfNSW, and Busways General Manager Mr. Byron Rowe. The conversation centred around who and how to pay consistent entitlements for the whole workforce.

Ultimately, workers have been punished through the privatisation of STA and setting up a two-tiered workplace, and now it’s expected that they suffer more to fix it. We’re not having it.

As part of exploring options, the recent Region 6 EA is being costed to see how much the bill will be to get that close in terms of conditions for the two workgroups. That result was 95% of the old State Award, but the goal remains that conditions the RTBU and its predecessor Unions fought to achieve for over 100 years are extended to everyone.

As Region 7 members would also be aware from the bulletin last week, which you can read by clicking here, Busways decided to react the protected action ballot a bit strangely. Instead of voicing opposition to the ballot in a timely manner, they accused the RTBU of misleading the Fair Work Commission. Following this, they demanded a response in less than 24hours with the threat of legal action. All this came after they had many days to review it and said nothing.

Not only was the threat baseless, but the whole thing was handled so poorly that the lawyer in question nearly single handedly made sure we did everything we could to hurt the company.

As a result of all this, we’re redoing the ballot and a fresh application will be put in next week.

Members not able to vote last time because they weren’t on the list are strongly encouraged to call the Branch office on (02) 9264-2511 during business hours and confirm their membership status and details.

Region 6 Update

The Enterprise Agreement recently voted up by members in Region 6 is in the process of being ratified by the Fair Work Commission (FWC). The FWC needed clarification on a couple of things, for example the clause about annual leave meant that if a #900 driver qualified as a shift worker according to the National Employment Standards, they couldn’t get 5 weeks annual leave even though by law they should. The company had to rewrite the clause to reflect that entitlement.

Once the FWC is happy with the submission, it gets in a queue for approval. That can take anywhere from a week to a couple months so we’ll have to wait for an update. In the meantime, we’re looking to catch up with TSA as soon as possible to start discussing how the rosters are going back together.

Region 8 Update

The saga of the KDNB audit continues. Not only is the company still seeking members repay the gross amount instead of the net, they continue to find audit mistakes in the process.

On top of this, payroll is still getting it wrong. At this point I’m unsure what qualification is required to work in that department, but it seems like something out of a cereal box; 22 months since they took over and they can’t get it right. It’d be laughable if the impact wasn’t so stressful for the workers. It’s pretty hard to consider overtime when you don’t know if you’re going to be paid right and the payslip is two separate documents you have to reconcile.

The RTBU has also made representations to TfNSW that a single payslip showing a daily breakdown of earnings be required for all operators, and we’ll continue to push this issue publicly.

We’re also looking at what legal action is available. The difficulty is that beyond overpayments where the Union can advocate for repayment, and underpayments where we can advise members of their rights (like a repayment plan that suits your financial circumstance and not the company), the issue is largely between the employer and the employee. We’re getting advice about the net vs gross issue and will be able to pass that advice onto members next week.

Also happening on the Northern Beaches is the widespread rollout of the telematics system. This new toy keeps track of your speed, acceleration and braking and makes notes when you do any of these things too much. That means doing over the Yard speed limit in now likely to come back to get you.

The main issue from a Union perspective is when safety measure on one hand introduces a hazard on the other. We’re pushing for agreement that results will not be used for disciplinary purposes, which will be difficult, and for official clarification form the company that using the system is compulsory.

We’re also demanding a Risk Assessment be done so delegates can assess the impact of the audible alarms and warning lights in daylight and night time conditions. If they prove a distraction then we’ll be pushing back.

In the meantime, we recommend that you DO NOT use your own mobile to log into the 3^rd party app.

Transdev Tram & Bus ITF Survey

Working with Unions globally, the RTBU is engaging with the International Transport Federation to look at how technology is being used by Transdev who are a global player in the transport business.

A questionnaire has been sent to Transdev employees and an SMS with the link will follow on Monday.

We need as many people as possible to respond to this anonymous survey so we can look at ways to manage where the technology goes.

One possible outcome is a National or Global agreement between Unions and Transdev to limit certain technologies or practices, which could protect workers now and in the future.

QUBE Member Support Fund

 As some members may be aware, QUBE locked out its Locomotive Division QUBE Members for simply demanding that the company honor an Agreement reached in the FWC. You can read all about it by clicking here, but in essence, the lockout left members without pay for 13 days.  
 
To rub salt in the wounds, QUBE gave $1000 gift cards to members who chose to work during this period.  
 
That’s why the union’s Locomotive division has set up a QUBE Members Support Fund for financial assistance to union members, and any extra funds will be used for legal action against the lock-outs' validity. 
 
The NSW Locomotive Division will match member donations. 

Donations can be made to the following account, which is held in the name of the RTBU and as such is fully audited and governed by the same Union and Financial Governance as all funds. 
 
Account Name: RTBU NSW BRANCH FAMILY BENEFIT 
BSB NUMBER: 611-100 
Account Number: 100309302 

Members must include their name on any donation.

RTBU-Owned Training Organisation

As members may already be aware, training organisations in our industries often deliver sub-standard training. The Union has long been concerned with the safety implications that come with this, and we’re doing something to fix that problem. 

The RTBU acquired Training Ahead Australia (TAA), and has taken up ownership since 1 August 2023. 

Over the coming months, key personnel from TAA and the RTBU will meet to formulate a strategy on how to maximise TAA’s potential for the benefit of all members. You can read about that in greater detail here. 

In solidarity, 

David Babineau and Peter Grech