Member Update: September 3, 2021

Dear Members,

This week saw the close of New South Wales' second consecutive month in lockdown. Case numbers continue to climb while the NSW government dangles freedom from their fingertips once the state the magic number of a 70% vaccination rate.

Meanwhile, transport workers are left scrambling following the swift removal of Rapid Antigen Testing and PCR Testing as options for workers in the 12 local government areas (LGAs) of concern who are not able to receive their first dose of a COVID-19 vaccination by September 6. This reversal has pulled the rug out from underneath us all. To pour salt on the wound, the NSW government continues to ignore our calls for transport workers to be given access to priority vaccinations. 

In the news late last week, Divisional Secretary David Babineau warned that Sydney’s bus network is under pressure. Bus drivers fear Sydney’s public transport network is at breaking point, with hundreds of their colleagues forced into isolation and others blindsided by fast-changing coronavirus rules.

In these ever-trying times, we always appreciate the amazing effort by members to keep yourselves and the community safe. As always, wear a mask as required, social distance where possible, and, where you can, pay attention to exposure sites in case you may have attended any of them personally.

We are continuing to appeal to members to please give generously to the donation account we have set up for Michael Yammouni, a TSA bus driver from Leichhardt bus depot. Michael has been involved in an accident that has tragically resulted in the death of a pedestrian. All funds from the account will go towards Michael's legal defence. View the details on where to donate here.

We hope that you continue to stay safe and well.

COVID Update – NSW Government walks away from Transport Workers

On Friday 27 August, the RTBU reported that an exemption had been granted to Transport Workers to allow them to have a COVID test every three days, rather than being required to have the first dose of a COVID vaccine or take a rapid antigen test. Initially the Government had mandated either rapid antigen testing or vaccination but conceded to union demands when it became clear most employers would not have rapid antigen testing in place, effectively forcing vaccination on affected workers.

That exemption had no expiration despite being labeled as “temporary”. In what can only be described as an act of extreme bad faith, the NSW Government revoked the exemption.

After today’s weekly TfNSW meeting with unions we can confirm the following:

Vaccination

From 6 September 2021 onwards, workers in the 12 Local Government Areas (LGA) of concern who need to leave their LGA to go to work will need to have their first dose of a COVID vaccine.

No one can answer what happens to employees if an LGA they live in is removed or included as an ‘Area of Concern’. The union will obviously be pushing for the vaccine requirement to be removed, or in the case of an addition to the Areas of Concern, for paid time to be given for people to comply with the Public Health Order.

Employees who are not able to provide proof of a first jab will not be allowed to work. Employees will be paid for up to a week afterwards to give them time to get vaccinated. The union is advocating for a longer time period and for people who do not meet the requirement for whatever reason, to be paid. While the companies are getting their full contract rates, there’s no reason for them not to pass that on; the pandemic is not a time for employers to line their pockets.

Proof of Vaccination where required

Employers have begun asking workers from the 12 local government areas (LGAs) of concern to produce proof of their first COVID-19 vaccination to keep on file. We recently wrote to STA members emphasising that employers have no right to ask for a hard copy of evidence. All members are advised that requesting a hard copy of your vaccination status is not enforceable by your employer. Rather, they can request proof of vaccination for INSPECTION only according to the Public Health Orders (Part 4, Division 2, Clause 4.3 (3A)(b)).

Members therefore have the right not to supply a hard copy or electronic version of your proof of vaccination for your employer to keep.

Members living in the 12 LGAs of concern are reminded that they will need to produce their vaccination evidence for inspection of at least 1 dose of a Covid-19 vaccine as of the 6th September 2021 before they commence their first shift on or after this date. 

Masks

Workers who have been told to stay home because of a mask exemption should be ready to work in case they are directed to return. That means if you live in an LGA of concern, you have to get the first jab just like everyone else who lives in one. If you do, you will continue to be paid as before until directed to return. If you have a mask exemption and do not live in an LGA of concern, the pay arrangement will not change.

TfNSW has said this week that all government employees must wear surgical masks. The union does not support this position. There has been no Risk Assessment regarding whether surgical masks are the best option for our workplace, and there is no feedback at all about making passengers wear surgical masks when they board a bus or LRV. The fact remains that WHS procedures for introducing PPE have not been followed (no workplace evaluation and risk assessment has been done), and no consultation has taken place with employees or the union.

The official advice of the union is for members to wear a cloth mask if that is their choice.

Anyone who suffers disciplinary action or even the threat of disciplinary action is to report it immediately to their local delegate or contact the office at Redfern. TfNSW has been notified the union will vigorously defend our members against unlawful instruction.

Testing

TfNSW has confirmed the government’s position to abandon providing safe workplaces for employees by removing all testing requirements. If you don’t know where something is there’s no way you can effectively fight it, so while the government talk of safety on one hand, their actions show they have no interest in the health of workers. All they seem to care about is spinning the truth at 11am every day, and that circus has lost its shine.

TfNSW has committed to continuing the rollout of a rapid-testing ‘pilot’, even though the government has abandoned the idea. In buses, there already are locations at Ryde, Kingsgrove and Burwood depots. At this stage there will be no other locations in the Tram and Bus space that the RTBU covers.

The test will run for 8 weeks and is scheduled to be up and running across 17 sites in Transport from the 19th of September.

The RTBU considers the removal of testing to be a failure to provide a safe workplace and will continue to fight for at least normal COVID testing to be a part of the safety regime.

Media release: ‘Regulation on the fly’ putting services, workers at risk; Transport workers call for Rapid Antigen Testing and PCR option to be returned

29 August 2021

The NSW Government last-minute decision to scrap the option of authorised workers being able to undergo a Rapid Antigen Test or PCR test in order to continue work from next week is a disgraceful attack on the state’s essential workforce, the Rail, Tram and Bus Union says.

Rail, Tram and Bus Union Secretary, Alex Claassens, said a change to the requirements for authorised workers in hotspot LGAs completely ignores the reality of individual circumstances as well as the fact that the NSW Government has continually ignored calls for transport workers to be given access to priority vaccinations.

“Workers were told again on Friday that they had the option of either being vaccinated or having a Rapid Antigen Test or PCR test in order to continue their essential work and earn a wage. A matter of hours later, the Rapid Antigen Test option was taken off the table, leaving families in chaos,” Mr Claassens said.

“The NSW Government has yet again let political sensibilities drive its handling of the COVID crisis.

“Everyone knows that supply, access and distribution of vaccinations has been shambolic. The current requirements don’t take into account personal circumstances at all. Everyone should have the right to access the vaccine that is best suited to them at the time that suits them best.

“After being pushed to offer a balanced and reasonable range of options for authorised workers to continue to do their jobs, the government has had a last minute change of heart, which has left workers high and dry.

“There is no justifiable reason for the government to completely walk away from testing as a valid option.

“This government must immediately put PCR and Rapid Antigen Testing back in place so that the half of Sydney, in total confusion about how to meet their financial obligations come 6 September, have genuine options available to them.

“Hundreds of transport workers have been forced to quarantine over the last few weeks, resulting in serious shortages across our public transport network. There’s no doubt that will only get worse unless the government fixes this mess and reintroduces Rapid Antigen Testing as an option for our authorised workers.”

Bargaining Update Region 6

We had our first meeting with the new bargaining agent that Transit Systems have employed to run the bargaining.

Unfortunately, it was a compete waste of time and once it became clear that the bargaining agent didn’t have the information she needed the RTBU contingent left the meeting. The meeting ended soon after.

We’re hopeful the next meeting will be of more substance, but the Union has concerns about the process. The bargaining agent has been hired for 6 meetings over 6 weeks but nothing more, and there’s no way that an agreement can be reached in that timeframe.

Members need to gear up for some form of Protected Action to push the company into treating this process seriously.

Transit Systems promises the Federal Court this time

As discussed in our last issue, the RTBU lodged in the Federal Circuit Court about Transit Systems failing to pass on a 2.5% pay rise as required by the Fair Work Commission.

After committing to pass on the pay rise in writing to the union, and then deciding not to honour that written commitment, they have now told the court in writing that they’ll pay. Hopefully they honour that particular commitment.

TSA should backpay the 2.5% by September 10th 2021 before another hearing on the 13th of September.

The RTBU is considering pushing the matter further and will at least be seeking a penalty for not paying the pay rise and costs so far. This company has done nothing but bleed its workers dry and if we have the opportunity to extract something from them to return to workers, then the union will take that chance.

Vaccination Reminder

Bus drivers, due to their working environment, are at particular risk. Members are encouraged to sign up for the appropriate vaccination for your circumstances ASAP. The sooner you’re protected, the sooner your family is. Members who for health reasons are eligible for priority vaccination are encouraged to make an appointment. Vaccinated employees with health risks are considered safe to attend work. Employees not yet vaccinated who have health issues should approach their staff supervisors or line managers to discuss what options are available.

If the Pfizer vaccine is suitable for you, the STA have designated appointments available for you to get vaccinated. Contact your local manager for more information.

Please stay safe and stay vigilant. Bring any issues or concerns to the attention of your local delegate, including any hot spots where you see consistent non-compliance of mask wearing by passengers on buses or at bus stops.

Donations for TSA Driver Michael Yammouni

Donations are being collected to assist a TSA bus driver from Leichhardt bus depot. Michael has been involved in an accident that has tragically resulted in the death of a pedestrian.

We’ve all had and seen near misses and know how easily this could happen to any one of us. The RTBU has set up an account for drivers to donate to and help with Michael’s legal defence. Add your name or depot location to the deposit reference field so Michael knows who has contributed.

Thank you for supporting our colleague as he traverses this most difficult of times.

View the details on where to donate on the Tram & Bus website.

Thanks for your essential work during a time of crisis.

In solidarity, 

David Babineau and Daniel Jaggers