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Member Update: February 18, 2022
Dear Members,
As you can tell from all the updates in the previous Express, EA negotiations have been moving along and some good steps have been made. Busways agreeing to commence bargaining in Region 7 to replace both the Copied State Award AND the Greenfield Agreement. In the east, we also reached ‘in-principle’ agreement between the union and Transdev John Holland Buses.
In this Express you'll find some bulletins regarding EAs in Regions 6 and 7, where negotiations are trucking along at their respective speeds.
As the union has long maintained, there are other ways of making sure workers are safe than mandatory vaccination.
The saga also continues for COVID-safe workplaces. Our call for accessible rapid antigen tests (RATs) for transport workers is still bouncing off eardrums. As more and more people begin testing the waters and moving about through the ongoing Omicron wave, more must be done to protect transport workers who put their health and safety on the line to keep the public moving.
In a common-sense win, Transdev has committed to looking at these other ways of making sure workers are safe than mandatory vaccination - masks all the time, regular testing, physical distancing, etc. - and allow workers who have not been vaccinated to return to work.
In more COVID news, we're expecting the NSW Government to bring the NSW Upper House inquiry into the Workers Compensation Amendment Bill 2021 to a vote next week. As it stands, the bill will abolish a key protection for workers who contract COVID-19 if it's passed and the burden of proof for a COVID-19 workers compensation claim from insurers will be shifted onto workers. Read the full update from Unions NSW and find out what you can do to stop this in this edition of Tram & Bus Express.
We hope that you continue to stay safe and well.
Region 6 bargaining update
The next meeting for unions and reps with Transit Systems is February 22nd, which is next week.
The RTBU and TWU have been meeting about strategy and we’ll continue to work together to combine our strength to fight for what members have told us what they want.
One Agreement based on the Copied State Award with a single set of conditions for ALL bus drivers.
You can read the bulletin that went to region 6 members here.
Region 7 bargaining
Busways has now issued the NERR (paperwork telling workers in region 7 about the bargaining process).
This went out over the last couple days and means that we can now move forward with formal bargaining. The company has agreed to try and negotiate a single agreement with a single set of conditions. If we can achieve that then they will apply to have the Greenfield removed and the back-up EA annulled.
A survey is being prepared for members who will have a chance next week to tell the union what the most important things are to them that we should be fighting for.
Region 9 transfer
Things are going to plan so far and the RTBU and Transdev have reached an in-principle agreement about the draft EA. As we work through the details, members are encouraged to return the paperwork that was sent out to them by the company.
Transdev have people at each depot to assist and delegates are, of course, available to members.
Members who are currently at home because of the TfNSW COVID-safe policy should also get in touch with Transdev and return paperwork.
Sydney's Inner West light rail returns
Sydney's Inner West light rail services resumed over the weekend after being shut down for months. Transport for NSW completed testing of the borrowed CBD trams and the fleet was deemed a suitable replacement.
It was previously noted the service would be decommissioned for up to 18 months but transport officials decided to trial the Sydney CBD trams on the Inner West line as a permanent solution. The decision to trial the CBD Trams was a solution that the union and the company worked together to achieve. The RTBU would like to congratulate our members who made it possible for us to work behind the scenes to ensure that tram drivers remained paid and were back driving ASAP.
UNIONS NSW UPDATE: NSW Government set to repeal S.19B of Workers Compensation Act
The NSW Upper House inquiry into the Workers Compensation Amendment Bill 2021 will complete their report on Monday 21 February. We expect the NSW Government to bring the bill on to vote that week.
If passed, the bill will abolish a key protection for workers who contract COVID-19. It will shift the burden of proof for a COVID-19 workers compensation claim from insurers onto workers.
This presumption is one of the few protections afforded to NSW workers during the pandemic. The next two weeks are the critical period which may determine whether workers keep these protections.
Unions NSW is coordinating a sustained political pressure campaign on undecided MPs and the State Government to drop this bill.
1. Timeline of the Bill
Based on current settings and information:
Monday 21st February: The Upper House Inquiry Report will be finalised and released.
Tuesday 22nd February:
- 2:30pm-4:00pm: The report is tabled in the NSW Upper House.
- Once the report is tabled, the Government can move towards debate on the bill – this could happen as early 3pm.
- We will have a clearer idea of the timeline on the bill once the draft legislative program is released next week.
Tuesday 22nd – Thursday 24th: The Government is likely to bring the bill on for debate and a vote. If they do not complete the bill by Thursday 24th they will not have another chance until the Upper House resumes sitting in late March.
2. Supporters Campaign Briefings
To mobilise our members, activists and supporters, Unions NSW hosted two online supporters campaign briefings on Wednesday 16th February.
Both briefings features:
- An “insiders” briefing from Tara Moriarty MLC, Chair of the Upper House Inquiry;
- The story of workers currently covered by the presumption who will lose this protection under the Government’s plan; and
- A call to action to supporters with specific tactics they can take before the bill is debated in the NSW Upper House.
In addition, we have prepared an online folder with template invite emails and graphics for your use (this folder will be updated regularly over the next two weeks).
3. Email the NSW Upper House tool
Late last year 100,000 emails were sent to members of the NSW Parliament. We must build on this pressure in the next two weeks.
We have updated the Email Your MP tool to target the NSW Upper House and updated the language used.
We are asking affiliates to distribute this campaign tool to their members. As the tool has been updated it is ok for members who have used it previously to use it again.
Next week we will distribute an online tool to assist union members in calling members of the NSW Upper House.
For further information:
For further information or if you have any questions, please do not hesitate to contact my or members of our Campaigns and Communications teams:
- Senior Campaigns Officer – Todd Pinkerton at 0430 345 642 or tpinkerton@unionsnsw.org.au
- Political and Communication Officer James Hammerton at 0422 607 913 or jhammerton@unionsnsw.org.au
TfNSW Mandatory vaccination policy - latest update
As the union has long maintained, there are other ways of making sure workers are safe than mandatory vaccination.
In a common-sense win, Transdev has committed to looking at these other measures (masks all the time, regular testing, physical distancing etc) and allow workers who have not been vaccinated to return to work. They will only return to work (once the company takes over) with extra safety measures in place. The union is not going to advocate anything that puts workers at risk.
We met in the IRC this week with TfNSW about payments and reimbursement of entitlements for people that have been forced to stay at home. Because the RTBU was focused on making sure drivers did not lose their jobs, that was the finish line we put forward to resolve the dispute. That has been achieved, but while the dispute was running workers affected should have been paid. We have another report back to the IRC Tuesday 22nd Feb (next week) and have put it to TfNSW that the start date for backpay would be December 6th 2021 (when the policy started) and finish early Feb 2022 (when Transdev told TfNSW that they would not enforce the policy).
If TfNSW accept this then that means affected employees will be backpaid at rostered rates for the period set out above (as if they had worked normally) and be re-credited any leave they had to take during that period. It would not keep people getting paid between now and April 3 when Transdev takes over. As we’ve said, the priority was to keep people’s jobs first and paid second; the cost of achieving the first was not being able to cover people the entire time between now and transition.
A dedicated bulletin will go out next week with an update after the IRC appearance.
In case you missed it: COVID Update
Novavax Vaccine
Some members have advised that they are waiting to be vaccinated with the Novavax vaccine which has recently become available in Australia. We have received advice from Transport for NSW that should members wish to receive the vaccine, that all they have to do is advise their employer that they intend to get the Novavax vaccine, and no disciplinary action will be taken against them under the Policy.
Potential Disciplinary Action
The deadline of 7 February 2022 on which date disciplinary action was intended to commence against employees non-compliant with the Policy is no longer applicable. Transport for NSW has advised that they intend to wait for the various disputes before the Fair Work Commission and the Industrial Relations Commission of NSW to be resolved before taking any action against employees.
Members with Exemptions from the Policy
We are asking that any member that has obtained an exemption from the Policy (for any reason) but has not been allowed to return to work to get in touch.
Rapid Antigen Testing
We continue to agitate to secure rapid antigen testing for all frontline members. This primary safety control should be have been provided months ago, and despite Transport obtaining millions of RATs, we still have not seen them rolled out to members on the frontline to ensure that the workplace is as COVID free as possible.
Workers Compensation for COVID positive members
Remember that if you test positive for COVID as a transport worker, it is presumed that you contracted the virus at work and you should be entitled to claim workers compensation. We have heard reports that some managers are attempting to convince members not to claim or misrepresenting their rights to claim. If you need assistance, contact your delegate.
Did you know that the NSW Government is trying to get rid the legislation that allows you to claim workers compensation for COVID? Last week the RTBU appeared before a NSW Upper House enquiry to give evidence why it is so important that members continue to be entitled to workers compensation. We will fight any move by the Government to take away this important entitlement.
Sydney's electric buses to be built in NSW
A $70 million contract for a western Sydney business powering the city's shift to electric buses will begin a "manufacturing renaissance" in NSW, according to the premier.
Custom Denning's electric bus was approved by the Transport for NSW procurement panel last year and more than 20 had previously been ordered after trials by bus operators around Sydney.
The new buses are slated to deliver services in Sydney's inner west.
The government plans to transition about 8000 diesel and gas buses to electric by the end of the decade.
Thanks for your essential work during a time of crisis.
In solidarity,
David Babineau and Daniel Jaggers
