News and views from the bus and tram lanes
No images? Click here
Member Update: February 4, 2022
Dear Members,
A lot has been happening this week alone.
COVID is still affecting members's health and wellbeing in more ways than one. Meanwhile, the RTBU is continuing to call for rapid antigen tests for all transport depots as well as the reiteration of usual safety measures (handwashing, cleaning, etc.).
In case you missed it last week, we've kept the latest COVID update and and information on vaccinations to refresh your memory of where we're at.
To the Regions now, where Region 9 are going to take the next steps after we asked members to continue holding out on returning their letters of offer. Those of you at Randwick, Waverley and Port Botany depots would have been visited by RTBU Officials this week for a discussion on the matter.
In Newcastle, EA meetings with Keolis Downer are set to start next week, after Wednesday's meeting was cancelled by KD with the excuse of "operational and staffing issues". Members weren't impressed by these organisational skills, and the union wrote to KD seeking a commitment that all meetings will go ahead - and that arrangements would be made so their reps could attend. KD conceded, a big win for Members, and the next meeting is scheduled for next Wednesday.
In the news, NSW Transport Minister David Elliott has announced a return of public transport to pre-pandemic levels as school starts up for the year. Masks will remain mandatory for students aged 12+, but Minister Elliott has reassured students that they will not be turned away from getting onto a service if they forget their mask.
We hope that you continue to stay safe and well.
Keolis Downer Newcastle EA Update: meetings to restart next week
Members may be aware that Wednesday's bargaining meeting with Keolis Downer management reps was cancelled by the employers, citing "operational and staffing issues" as their reason.
Given how far in advance these meetings were planned, your union wrote to Keolis Downer to express our extreme disappointment at their inability to plan for this one. We sought a commitment that all future meetings will go ahead as planned and that KD would make arrangements so their reps can attend.
In a win for workers, the company has acknowledged the importance of our EA meetings and are organising for reps to attend next week, with our next meeting scheduled for Wednesday 9 February.
With regards to the actual negotiations, your union committee has decided
that we will NOT be putting forward to Keolis Downer any ideas on how to get greater ‘flexibility’ in rostering and increase ‘efficiencies’. Keolis Downer will need to put forward their own Log of Claims which explains how these claims would be a benefit to YOU.
Region 6 bargaining update
After the last meeting was held on January 14th, there was virtually no progress at all. The company seems happy to le the bargaining meetings just roll along with out getting anything done.
Neither union is willing to let that happen. We’ve proposed 4-hour meetings as well as started to push the company to respond to specific requests designed to try and move progress out discussions. It’s clear that unions will have to be the driving force here and so that’s what we’re doing.
There was agreement to have more meetings after the last one, but nothing has been set up yet. The RTBU has written to the TSA bargain representative asking for a schedule to be organised. As soon as we have more info we’ll pass it along.
If this goes nowhere or the company keeps dragging it’s feet, then more very public industrial action will be required to try and push things along. Don’t forget there’s a lot of Sydney bus contract Regions being bid for this year, a bit of negative publicity can go a long way.
Because of the way we did our actions last year (doing fare free days and leading up to stoppages) there is solid public support for our cause.
Region 7 bargaining update: Ryde and Willoughby
As we all know, Busways has colluded with TfNSW to once again, screw over hard working bus drivers. The good news is that as we circulate our petition for the Majority Support determination application (where we prove to the Fair Work Commission workers want to bargain and they tell the company they have to), Busways has come to the table.
While they have agreed to bargain for a single instrument and conditions for all employees, there is no way they will be able to deliver us the STA Award completely. While we wait for negotiations to commence we will continue to get signatures for the Fair Work petition as a back-up. As soon as we have dates and an agenda for meetings we will communicate that to members.
A Log of Claims will be circulated shortly so members can offer feedback on what the most important things are to them that they want to fight for. Members are encouraged to have their say so the union can represent their demands.
Region 8 update: Northern Beaches
The Enterprise Agreement approved by members was lodged with the Fair Work Commission late December and we’re still waiting on feedback from the Commission. Sometimes (often) they require an Undertaking or clarification to address what they see as potential issues with an Agreement. We haven’t heard back from them yet but as soon as we do, members will be updated.
Another issue that won’t be news to workers in Region 8 is the multitude of payroll problems that have plagued members. RTBU delegates and officials met with KDNB today with a view to getting this sorted ASAP. The company is fixing a lot of the problems but there’s still a lot remaining, and then there’s the issue of over/under payments to be worked out.
The RTBU will continue to work with the company to sort this out and a special thanks to local delegates who have no doubt gotten to know local payroll officers very well over the last few months.
Depot visits in the East
Following the depot visits to Region 9 this week about the upcoming transfer to Transdev/John Holland, below is a brief summary of what was said and some of the questions asked. We understand that there are a lot of people who are not able to attend these meetings, specifically PM drivers.
- This is not a negotiation for conditions in the way you would normally (and we will in the future) negotiate an Agreement. We are working with the company to drag and drop our Award into the Federal system.
- The plan is for an in-principle agreement to be reached and for members to then return their Letters of Offer. It is anticipated this will happen next week.
- Members will be sent SMS and email notification to return Letters of Offer.
- The company has returned the document we sent them, and we need to go through it.
- An informal vote will be held before transition to gauge member views on that document. If members are happy then that is what the company will put forward for a formal vote after they take over. Any issues members have can be addressed between these two votes.
- Because having to take on the Award conditions comes at a cost, members must make a decision about what is more important, pushing for immediate pay rises and risking a two-tiered workplace or maintaining conditions and avoiding a 2-tiered workplace. In the Northern beaches, members chose to accept the Wage Price Index (WPI) for pay rises. This is what the company is guaranteed to be paid to them by TfNSW to pass on to workers. This was the cost paid to preserve conditions held in the STA Award.
- Future Superannuation increases will not come out of future pay rises as STA was doing. It will be paid on top on any pay rise.
- Home and Duty passes last for 3.5 years after transition. Family point to point passes and Ghan tickets will be available for 3 years.
- Because it’s a transfer of business, ALL your current entitlements are going across. Whatever Sick Leave, Annual Leave or Long Service Leave you have goes with you.
- Disciplinary records do NOT transfer. Be aware though, that the same people who were your previous supervisors will probably still be there.
- The only reason to cash out any leave (as has been suggested by STA) is if YOU WANT TO. STA wants as little liability to go to the new company as possible, that’s the only reason they’re suggesting it.
- The company is open to bringing back the Holiday Book with possible changes to make it more fair.
- The 2-year job guarantee only provides that you will HAVE a job for 2 years (except for misconduct etc). It means no one will be made redundant but has no bearing on your working conditions.
- If you don’t sign across you will be declared an ‘Excess Employee’ by TfNSW after Transdev takes over. There is a policy that explains what happens after that which can be found here.
- It is highly unlikely that Transdev are looking to backtrack from the roadmap we have both agreed to. While it’s always possible, the company has spent a lot of money to get to this point and has factored in the cost of our Award. If they wanted to screw us over, there are far cheaper ways to do so. They want their new business to work from day one and the union has told them this is the way to make that happen.
- Things will certainly change moving forward, just as they’ve changed for other workers who now work for other companies, but the conditions in your Award will be safeguarded.
- As requested by members, Transdev have been asked to hold depot meetings for staff to directly as questions to them. They are looking at availability to do this and are supportive of the idea.
TfNSW Mandatory Vaccination policy - latest update
This update applies ONLY to workers still employed by STA.
It took a while, but the RTBU has secured confirmation from Transdev/John Holland that the company will NOT be enforcing the TfNSW policy of mandatory vaccination on transferring employees when they take over Region 9 in the east.
This means that those people who have not been vaccinated are confirmed now to have a job to go to, and won’t be sacked before the transfer of business. The company has said that they will do a Risk Assessment of their own after they take over but the union is confident that without the government playing politics with things, we can get a much better hearing for these workers.
Now that employment has been secured for the near term the issue of payment can be addressed. Today the RTBU wrote to TfNSW demanding that employees currently at home due to this policy are paid their normal wages and back-paid for what they have missed out on.
This is off the back of cases being run the Fair Work Commission by other Unions. There are multiple cases afoot in the FWC including by the RTBU but the ETU and CEPU cases came on first. In those cases it was argued that the dispute (like ours in the IRC) means that the Status Quo should be preserved. That means work should continue as it did before the dispute was lodged, which is before those employees who are not fully vaccinated were told to stay at home without pay. This is NOT a decision about the merits of the Policy itself; that has to be fought at a Hearing.
We have given TfNSW until the close of business Friday next week to agree, after which we will apply for an Order from the IRC to force this to happen.
Members will be updated in next week’s Tram & Bus Express on this matter. It remains the position of the RTBU that there are a combination of other control measures that can be used to ensure a safe workplace for everyone.
Now that Novavax has been approved, Transport will accept people who want to have that vaccine to comply with the policy. We are still waiting for Transport to give us information about that application process. It should be included in next week's update.
Members stand together and win PPE for Leichhardt Depot
Members at Leichhardt bus depot stood together and won a massive victory this week, forcing Transit Systems to provide appropriate PPE for workers.
With the introduction of even more electric buses into the fleet, open air charging stations had to be installed for the new vehicles. The installation company gave clear instructions that when refuelling the buses, rubber gloves and insulated shoes had to be worn to protect workers from injury.
On Wednesday Members brought safety concerns to the union as Transit Systems had not provided the appropriate PPE, but directed workers to refuel the buses without it.
This disregard for worker safety was completely unacceptable, and members would not stand for it. The RTBU gave clear direction to all Members not to refuel any electric buses without being provided with PPE - and Members did not waver.
As a result of our Members' action, we are pleased to report that Transit Systems will provide all workers at Leichhardt depot with PPE by this weekend. While shoes needed to be ordered for a handful of members, mats have been provided to fulfil their safety function until they arrive.
Congratulations to everyone who took a stand and sent a clear message to Transit Systems: it's their responsibility to provide a safe workplace, and workers will not back down on their rights.
STA Safety Screens
The issue of reflections and vision obstructions continues to be dealt with in the Industrial Relations Commission between Safework NSW and the STA. The union is a party to these proceedings but we’re not really taking a side.
We DO like the safety the screens provide and absolutely support the reduction in serious assaults of bus drivers that these screens have delivered.
HOWEVER, the reflections and vision obstruction is also an issue and needs to be addressed.
We can’t predict the outcome here but will be obviously keeping an eye on proceedings.
COVID Update
Workers Compensation for COVID
In early 2020, the Workers Compensation Act 1987 was amended to provide a presumption for essential workers (including the transport industry) that if they were to catch COVID, it is presumed it occurred at work. As an illness (or injury) that occurred at work, workers compensation is payable. This is still the case, and sick leave used will be re-credited following approval by workers comp.
It may seem easier to simply claim sick leave for a few days off with COVID, however given that COVID can have longer term effects, it’s important to claim workers compensation to ensure you’re covered for anything that happens in the future. Now that the government has guaranteed everyone will catch it sooner rather than later with their terrible handling of the pandemic, you need to make sure you’re protected in the future.
So, even if your employer doesn’t advise you to claim workers compensation, you should. See your staff supervisor for a company workers compensation form and return it to them; if you have queries about how to fill it out, please see your delegate in the first instance.
Remember, this is only IF YOU ARE SICK FROM COVID, NOT IF YOU ARE JUST SELF ISOLATING. Like any sick claim, evidence of having Covid will be required.
Self-isolating will require you to use other entitlements like annual leave, long service leave, or possibly carers leave if you are caring for someone in your household who is sick as well.
Commonwealth Disaster Payment
Finally, should any member who is forced to isolate due to COVID and is not eligible to be paid by their employer, you should be entitled to Commonwealth Disaster Payment ($750). If you are in this situation and need assistance, do not hesitate to contact the office.
RTBU Express - January 2022 Edition
Members can now read the first edition of RTBU Express for 2022.
NSW to return to ‘pre-pandemic’ public transport services for students
Transport Minister David Elliott has said the state will return to “pre-pandemic” public transport services for students to ensure they experience “minimum disruptions” as they return to school.
This includes an extra 3,400 dedicated bus services.
Students 12 and over will be required to wear a mask on public transport, but will not be turned away if they forget one.
National electric bus fleet just the ticket for zero-emissions future
Buses are among the heaviest emitters in the transport sector, but zero-emissions bus technology is already proving effective. Public transport operators all around the world are in the process of decarbonising their bus fleets.
In NSW, decarbonisation of public transport and transitioning to zero emissions has been a work in progress.
Last year, the state government rolled out the first few electric buses (eBuses) as part of their goal of electrifying the entire fleet by 2030.
Thanks for your essential work during a time of crisis.
In solidarity,
David Babineau and Daniel Jaggers
