Member Update: 1 March 2024

Dear Members, 

We hope the new year has started well for you all as we head into March, your patience and support mean the world to us. As we embark on this year's journey together, we’re excited to unveil a fresh approach with our monthly edition of the Tram and Bus Express. We hope you’ll find this new format engaging and enjoyable.  

January greeted us with the all too familiar transport challenges. The announcement of the Bankstown Train line shutdown has dominated discussions, raising concerns about the added strain on our bus system.

According to reports from the SMH, an extra 1400 bus services per day will be needed to accommodate the 60,000 affected commuters. Moreover, recent estimates suggest that travel times may double, underscoring the urgency of the situation. We’ve included the latest report on that in an article for members down below.  

The spotlight on the Bankstown Train Line closure has reignited the debate on bus privatisation. We’ve witnessed firsthand the detrimental effects of privatisation on the industry, leading to deteriorating work conditions and service quality. It’s evident that a shift back to public ownership is key for resolving these issues. A public bus system is how you fix things for good, and we’ll advocate for that at every opportunity.  

In line with this, we’re providing updates on developments in Region 7. With the introduction of the Same Job Same Pay laws by the Federal Labor Government focussing on Labor Hire and not being of much use, attention has turned to who should bear the associated costs to lift up new employees to the ex-STA standard. The Union will be meeting with the Premier and Transport Minister to advocate for employers and TfNSW to shoulder this responsibility. You can read about the latest details on this down below.  

In other updates, we’re pleased to share progress on bargaining agreements across various regions, including updates on the Transdev light rail EA and the Keolis Downer Hunter Agreement.  

Additionally, we’re making strides in enhancing work facilities, thanks to the RTBU’s effective involvement in the NSW Bus Taskforce. Details on these improvements are provided below.  

As always, if you find yourself in need of assistance or support, please don’t hesitate to reach out to the union. We’re here to help and support you every step of the way. 

In unity, 
David Babineau 
 

In the media

As we take in the news about the upcoming year-long closure of the T3 Bankstown line in Sydney, it's important to look beyond just the immediate problems and think about the bigger issues in our transport system. 

Earlier this month, our divisional secretary talked to the SMH about what this closure will mean for the 60,000-plus people who rely on the line. Already, buses are struggling to cope with the demand. It doesn't make sense to shut down a perfectly good train line and put even more pressure on a bus system that's already struggling. 

We need to understand that part of the reason we're in this situation is because of decisions made in the past. When the previous government decided to privatise buses, it broke up our passenger focussed bus network and made it all about making money for companies, which has made things like reliability and service quality worse. There has not been a single instance of bus drivers being better off under the new regime, instead we have had to fight tooth and nail to just keep what we have, and we’re still fighting. 

As we deal with this big change, it's a good time to rethink how we do public transport. If we really want to fix things properly, now's the time to talk about bringing buses back under public control. 

Western Sydney Transport: A call for fair solutions

The ongoing inquiry into Western Sydney's transportation needs sheds light on the region's struggles with public transit. A recent ABC report underscores the challenges residents face due to limited bus and train services (click here to read the story). 

Without reliable public transportation, people find it hard to socialise and be active in their communities. This not only affects their mobility but also their ability to connect with others. 

As the inquiry continues, there's a growing push for better solutions. Ideas like faster bus services and more flexible on-demand options are promising. But it's crucial these changes make transportation accessible to everyone, no matter where they live or their background. We can’t have situations where private interests are prioritised over equitable solutions. 

Policymakers must listen to the people affected and make sure public transit is fair and dependable for all. This way, Western Sydney can thrive with better transportation for everyone. 

Union Win 

 In a recent development concerning one of our members, the RTBU achieved a significant victory. In a conciliation session, our efforts led to a favourable outcome for the member involved. 

Sacked by the company while still on probation, the RTBU showed that the company had clearly failed to give adequate reason for the dismissal. This is surprising as the laws allow companies to dismiss people in the 6 month probationary period for just about anything. 

The result? A three-month payout totalling $20,000, tax-free, was secured for the member. Additionally, we ensured their resignation came with a statement of service, along with agreements on confidentiality, non-disparagement, and release. 

This financial compensation surpasses what the member earned during their entire tenure of 2.5 months at KDH. It's indeed a remarkable outcome and is what employers get when they try and cut corners. 

Transdev Light Rail Enterprise Agreement

 After quite a delay, Transdev has provided us with a draft enterprise agreement document. On Wednesday 31st January 2024, RTBU officials met with the company for discussions.  
 
The main topic of these discussions was around the place of work to ensure that  places of employment are static and that employees can start their work, have their meals, and finish their work in the same location. This has previously been an issue in past negotiations, however, throughout this current set of negotiations, the union has been able to secure this as an enterprise agreement provision. 

We have also requested clarification on the definitions of regular work and special events, which have been provided but still require some refinement. The RTBU will be submitting proposed clauses to the company for consideration. 

As previously communicated, the classification of CIOs has been incorporated, with all allowances being subject to indexation. 

Additionally, we have advocated for increased sick leave entitlements for staff, as well as an extension of the permissible duration for absence without the need for supporting documentation. Discussions on these matters are ongoing. 

The next phase of negotiations entails Transdev responding to the concerns raised by the Union and furnishing a copy to the bargaining representatives for review, allowing them to propose alterations tailored to their respective work groups. This process is slated to occur over the next couple weeks. 

Keolis Downer Hunter Agreement 

Keolis Downer Northern Beaches continues to engage with members in accordance with the recommendation put forth by the Fair Work Commission. 
 
Numerous members have sought further clarification and elaboration regarding the ongoing audit/review, exercising their rightful entitlement to information. 

Reports from both our members and local delegates indicate persistent challenges and ongoing dissatisfaction with the process, which is concerning. 
 
While we acknowledge the company's prerogative to seek repayment of any overpayments, our observations continue to highlight a pattern of errors and discrepancies on the part of the employer. 

Consistently, we have emphasised that if there is any uncertainty regarding the alleged overpayment as communicated by KDNB, individuals should refrain from repayment. Moreover, if there is a lack of support from management concerning out-of-pocket expenses, the necessity for repayment is called into question. Furthermore, individuals who have previously repaid amounts must ensure that these transactions are documented. 

In essence, our stance remains clear: 

• If uncertainty persists, refrain from repayment. 

• In the absence of management support regarding out-of-pocket expenses, refrain from repayment. 

• Ensure that any previously repaid amounts are accurately reflected in documentation before considering further repayment. 

The RTBU is currently in consultation with our legal team in preparation for our forthcoming report to the Fair Work Commission. 

Region 7 Bargaining Update 

Negotiations in Region 7 have been ongoing and have been through a long and complex road. Things have been moving beyond expectations when it comes to updates here. 

Transport for NSW has become more deeply involved in negotiations, including engaging the former Fair Work Commission (FWC) Deputy President Sams as a mediator in discussions between the RTBU and Busways. Following the directive from the Labor Government to eliminate two-tiered workplaces, the focal point shifted to the issue of who bears the cost of leveling up newer employees. 

Regrettably, it seems TfNSW has now withdrawn from actively seeking a solution, asserting contractual constraints that prevent them from making any payments to employees or the company. They have so far refused to detail what those constraints are. As of now, the Union has not been presented with substantiated evidence or legal advice supporting this position. Basically, they’ve said ‘we can’t do anything’ but refused to tell us why. 
 
As a final attempt at a political fix, we have a meeting between RTBU officials and the Premier and Transport Minister scheduled for the 27th of Feb. The main issue with the current negotiation is that everyone cannot take industrial action together, and so any action we may take will be undermined by the new drivers who have no choice but to work as normal. 

If we bargain for a new EA for just the ex-STA employees, the new drivers get left behind and we still end up locked into 2 separate Agreements. The two-roster system is ultimately up to the company to decide if they’re going to bring it in and we can’t fight that until we’re all bargaining together. 
 
We understand that the highly political nature of this negotiation is not something people are happy with. We also understand that members are getting sick of not seeing movement. Please understand, this is exactly what happened in Region 6- it took years for the Unions to get a result there. We are ultimately trying to fix something that we are not directly involved in and so don’t have the power to easily change. We’re not the employer or TfNSW and we’re not a party to the service contract. 

Ultimately, our job is to make sure that several things happen. First and most importantly, that all workers are protected. Secondly, that no-one goes backwards, and thirdly that we close the gap between the workgroups as much as we possibly can. We know it’s frustrating, but this means that this process will run as long as it needs to so we can deliver on those responsibilities and if Labor won’t deliver a solution as promised then we’ll be calling them out as well.   

Timing of Opal Card Rollout for NSW staff 

Well it took 5 years of lobbying behind the scenes at every opportunity by the RTBU and it’s taken several months for TfNSW to give effect to the Transport Minister’s commitment, but Opal cards are finally happening for workers in the Bus sector first, followed by the Trams. We’ve kept Trams on the boil during discussions about Opal cards and this was committed to in recent budget estimates where the Transport Secretary stated-

“The CHAIR: Light rail drivers in particular, I understand, are quite concerned about that. While it's great for bus drivers, a number of them have contacted our office with concerns. Is that being considered as well?

JOSH MURRAY: Yes, it is. Obviously, our light rail drivers will have counterparts of the same employer, the same umbrella company, who will then receive it because their parent company is a private bus operator as well as a light rail operator. We are obviously conscious of that equity across the transport workforce.”

This is interesting because it ties the light rail passes to companies who also operate bus contracts and only mentions LRV drivers. Regardless of that, once we get them for tram workers, and not just for drivers, we’ll be working to make sure there is no chance of them being lost because the parent company no longer operates a bus contract.

As soon as that process commences, we’ll let our Light rail members in NSW know. For those at CMET in Canberra, once resolved, the FBT advice should help us push for passes from Transport Canberra who always cited the tax as the main issue.

In the meantime, the below applies only to bus drivers.

You should get this or already have it but you can read the employee pack by clicking here. It has no employer name cause apart from that it’s all the same for all workers. Below are the main points for the roll out.

Employers first have to opt in and they have. Employees will then have to opt in as well. This is mainly for Fringe Benefits Tax (FBT) purposes. It should be noted that there is a 2k threshold for FBT before it becomes an issue so if you already have FBT items as liabilities, please get financial advice before opting in. This is from section 12 of the employee pack-

“If the total taxable value of the fringe benefits provided to you and/or your family in a FBT year exceeds $2,000, you’ll have a reportable fringe benefits (RFBA) amount in your end of financial year income statement (formerly called a payment summary). While an RFBA isn’t deemed taxable income, depending on your personal circumstances, it will be used to determine whether you’re entitled to, or liable for, a number of benefits and obligations. These may include Family Tax Benefits, Medicare levy surcharge, private health insurance rebate, child support payments, superannuation co-contributions, Higher Education Loan Program (HELP), tax offsets and Financial Supplement repayments.“

Discussions around who gets a pass settled on the RTBU position of the definition of ‘dedicated staff’ they used during privatisation. That means workshop, salaried and bus operators who work out of the depot are all eligible.

The initial roll out will be for any dedicated staff who currently does NOT have a working pass. Ex-STA staff who have working passes will get their pass status changed to allow for travel across all modes, we’ll let you know when TfNSW are ready to do that. It won’t be long, but the Union position was that we wanted to get the cards out to people that have nothing first.

The initial rollout is NOT THE ONLY WINDOW TO GET A PASS. After this is done, you can still opt in but it’ll take a couple months while the current process runs it’s course. That means don’t stress if you’re on leave of some type, you won’t get left behind.

All Full time and Part-time staff are eligible. Casual staff working 15 hours or more are also eligible. We obviously advocated for the hours worked threshold for casuals to be lower but TfNSW lowered their initial number to 15 and would not budge. Sub-contractors are NOT eligible.

We have a 14 day window for this initial rollout where you will need to opt in, go see your staffy today and find out what they need. It will be either a paper or email form and some operators will be sending them out en masse today. The companies will be sending out reminders.

We know that this entitlement doesn’t magically fix things. We know that privatisation has and continues to cost our members, literally, and drove many from the industry altogether. We also know that the recent cost of living crisis is making life difficult in the extreme for some of our members who face difficult choices at home to meet their family and financial obligations. We understand that a pass isn’t going to fix this. What we can promise is just like the return of this rightful entitlement which took half a decade to achieve, we’re not going to stop fighting for dignity, respect and equality in every workplace we have members. No matter how long it takes, we’re going to make sure that we get back what was taken from us and more.

Let's celebrate this hard-earned victory—it's been a long time coming.

Newcastle Trams 

The company has advised that all backpay associated with the new Enterprise Agreement has now been paid out. 

Any members who have not seen the rate adjustment flow through should contact the divisional office on (02) 9319-7277. 

Toilets and Meal Facilities Upgrades 

The RTBU successfully advocated for improved toilet and meal facilities at the NSW Bus Taskforce last year, showcasing the positive outcomes of RTBU involvement in the taskforce. Collaborating with Transport for NSW, we are now working to enhance the cleanliness, accessibility, and modernity of facilities for drivers and on-road staff at various locations, as well as upgrading existing sub-standard facilities. 

Lee Street: 

Modifications at Lee Street, including overflow amenities and upgraded meal rooms, have been completed, all equipped with code and key access. We have now shifted our focus to other locations, such as Bondi Junction Interchange, where we await engineer and plumbing reports to extend accessibility. Additionally, upgrades to meal facilities, including painting, flooring, TV installation, kitchenette enhancements, and air conditioner repairs/replacements, have been secured. 

Rockdale Bus Interchange: 

The initial step at Rockdale Bus Interchange is addressing odours. Plans include painting, lighting upgrades, fridge replacement, blinds renewal, and converting the old inspector’s room into a retreat area. Access to toilets under the staircase will also be improved with code or key entry. 

Macquarie University: 

After persistent campaigning, we anticipate bidding farewell to the makeshift porta-loo setup and unsanitary conditions at Macquarie University. By March 10, 2024, we aim to have temporary facilities in place while permanent construction commences. 

Feedback on facility conditions or cleanliness issues should be promptly reported to local delegates or our office for immediate attention. 

Wynyard Carrington St: 
 
Plans for expanding facilities at Wynyard Carrington St are currently under review. 

We have collaborated with Transport for NSW to establish policies and procedures to ensure cleanliness standards, which will be independently audited regularly. Auditing is set to commence within the next few weeks. 

Did you know?

You can refuse overtime in all agreements negotiated by the RBTU. This means both overtime shifts as well as overtime on the day. This includes running trips late past your finish time or into what should be your lunch break. If anyone pressures you to continue working overtime after you have refused, document the incident. Then, contact either your local delegate or the divisional office ASAP. Remember, only you can stand up for your rights at the time but the RTBU will always back you in. 

In solidarity, 

David Babineau and Peter Grech