2009 EA Back Pay:

After many months of correspondence, the RTBU Locomotive division has finally been able to achieve back pay for two members who transferred from PN Coal to PN Bulk during the 12 months between the expiry of the 2009 Enterprise Agreement and the signing of the 2010 EA.

PN agreed to reimburse the back pay from June 2009 to September 2010 but PN Coal did not honour the arrangement.

From April 2011 the RTBU sent a number of letters to the PN Coal Division and finally, on October 11, GM Coal operations advised that the back pay would occur, with the money finally being paid on November 25.

Freightliner Thanks Workers:

It’s pleasing to finally see a company that values its employees. Freightliner Australia placed the following advertisement in local papers in the Newcastle, Singleton and Mudgee areas at the end of October thanking their employees for the last 12 months of operations.

“A thank you to our employees

Freightliner Australia is now approaching the first anniversary of our commencement of Hunter Valley coal operations. We would like to take this opportunity to thank all of our employees, both Coal and Intermodal, and their families who have made these years such a success.

We appreciate the efforts, focus and diligence that you have given to make the last few years great, and the support that your families have also provided.

As we expand our operations and grow from strength to strength we again thank you for your continued support and enthusiasm.

From the team at Freightliner Australia.”

Freightliner Newcastle Depot Opening:

Freightliner Australia opened it new Newcastle Depot on Wednesday November 23 in Sandgate. The general manager John McArthur, and general manager of Xstrata Coal opened the facility. Freight Organiser, Steve Wright attended the opening and was given a guided tour of the facility.

Driver Only Operations:

Finally, after many months of meetings and risk assessments, Pacific National have finally deferred the exploration of Driver Only Operations on the main south line from Junee to Melbourne. They will be concentrating instead on their efforts on Driver Only Operations in the Melbourne Freight Terminal and the Melbourne Steel terminal. However, Pacific National will also continue to look for efficiencies on the main south line to keep the Junee Depot viable.

ICE Radio introduction:

The ICE radio console has been subject to a dispute in Melbourne since its inception because the RTBU and its delegates have been excluded from consultation by PN Coal.

After many requests to allow RTBU and its delegates to have some input into the placement, size and operation of the ICE radio on PN locomotives they were finally invited to a briefing session.

Despite this small step forward the RTBU delegates are once again being excluded from PN Coal meetings or inspections.

Pacific National Enterprise Agreement:

The Pacific National Enterprise Agreements are due to expire on June 30, 2012, and we are preparing to start negotiations this month. Key delegates from across the company will be asked to endorse Part A (common clauses and expiry dates) to allow part B, C and D negotiations to commence.

The following meetings are planned for December.

December 6 and 7 – RTBU Combined Delegates meeting

December 8 – PN Coal meet with RTBU Negotiating Team

December 12 – PN Bulk meet with RTBU Negotiating Team

December 16 – PN Intermodal meet with RTBU Negotiating Team

Freightliner Australia Enterprise Agreement:

The company and RTBU officials and delegates will be sitting down in mid January to commence talks on replacing the Freightliner Australia (excluding Coal) EA due to expire in June 2012.

Members will be aware that the Division was involved in a case against PN Coal for the non-payment of a provision of their EA in relation to the correct interpretation / payment of the 9.5% Aggregate Allowance.

Statements supporting our case were made by people who had negotiated the 2009 Pacific National NSW Coal Enterprise Agreement and submitted to Fair Work Australia.

The hearing occurred on the August 16 and 17 with the RTBU represented by White Barnes solicitors and barrister Jim Nolan.

The summary of the outcome by FWA stated, “That FWA was satisfied that the amendment to the agreement as sought in the application by Pacific National Coal gives effect to the mutual intention of the parties. Accordingly FWA issued an order varying the agreement. The order will have the same date of effect as the 2009 EA”.

In short the division was unsuccessful in winning the case.

The full transcript and decision handed down can be found on Fair Work Australia Website:  www.fwa.gov.au

Transcript AG2011 / 7035

Decision (2011) FWA 5457

Union membership in PN Bulk is increasing, particularly for fixed-term employees who have often expressed fears that union membership may be used against them.

This is good timing because EA negotiations will commence later this year.

In addition to adding their input to the union claim, employees are joining the union to show unity with their workmates – they understand unity is strength and that collective action, if required, leads to a better outcome for employees.

Any member or potential member who feels they are being intimidated by anyone in the company not to join the union should be aware that this kind of behaviour is illegal.

The employee should contact the union which will not hesitate to take action against the offending individual / employer.

As a result of ongoing negotiations with the union, PN Bulk has agreed to start the process of converting all fixed-term employees to permanent full-time.

They have also acknowledged that fixed-term contracts were only supposed to provide labour flexibility for special projects and were never meant to replace permanent employment.

The increase in fixed-term contracts has been of considerable concern to the union over the last few years as the number of permanent jobs has declined and fixed-term contracts have continued to rise to about 100 employees in PN Bulk.

While it was not the intention of the senior managers at PN Bulk, workers on these contracts often feel their jobs are constantly under threat and are afraid to speak up about conditions, put complaints in writing or become a union member (or even associate with the union) fearing that their contract would not be renewed.

As PN Bulk begins the process of converting employees from contract to permanent, the usual performance reviews will be applied.

Members are encouraged to contact their local delegate or organiser if they feel they are being unfairly targeted or held back from being converted to permanent employment during this process – in particular if performance issues which had not been previously mentioned by their local manager are suddenly raised and used to question whether the employee should be made permanent.

After initial advice from PN Bulk that it was not able to calculate the information to identify if fuel savings had been achieved and therefore could not pay the 1% base rate increase to employees for the last 12 months of the EA Performance Incentive Program (PIP), the company has now offered a part payment as follows:

Under the original offer employees were to receive a 1% bonus from July 1, 2011 for the year 2010-11 if they reached their targets, and a further 1% the following year if the 2011-2012 year targets were met. The agreement does not provide for part payment if less than the required 1% is met.

At a second meeting to discuss the issue on Friday July 29, PN Bulk abandoned its initial position and advised that it has been able to identify fuel savings for the 2010-2011 year of 0.75% of the total identified in the EA that was required to achieve the 1% increase.

PN Bulk has now offered to pay an initial 0.5% upfront to be backdated to July 1.

They have also agreed to pay a further 0.25% from October 2011 (backdated to July 2011) based on PN Bulk beginning to implement the correct P.I.P. processes including the formation of fuel-saving committees at each major depot, and the generation and recording of at least one fuel-saving initiative per major depot.

The total base rate increase being offered is 0.75%; this is based on fuel savings of 0.75% being achieved for the 2010-2011 year.

PN Bulk also advised that they had started calling for interested employees at the major depots to join their depot committees. The division encourages RTBU delegates to either nominate themself or another member to be on their depot committee.

The union also argued that should the offer be accepted by delegates, the remaining 0.25% for the 2010-2011 year should be rolled across and added to the 1% available for the 2011-2012 year to provide a base rate increase of 1.25% for the 2011-2012 year if the 2011-2012 targets are met.

A delegate’s hook up is being held on Tuesday August 2 to brief delegates on the proposal and get feedback before a response is provided to the company.

For more information, watch out for updates on the LocoExpress website and or at your work location.

After pressure from the union PN Bulk has agreed to provide in the next few weeks a forward plan for the upgrading of locomotive toilets.

In the meantime PN Bulk have also advised that employees can stop their train at station facilities to use the toilets if required with no negative consequences.

It has also advised that employees have been issued with keys to open some locked station toilets and that a number of other toilets in other locations have also been left open for employees.

Delegates and members are urged to contact their Divisional Organiser if they find that toilets are not available, the number of toilets available it inadequate and / or you are reprimanded for stopping and using toilets.

The Division will support any member who feels they cannot bring a locomotive into service should they discover that the toilet facilities are unfit for use or unhygienic.

The PN Bulk will confirm in writing that they will be issuing all female employees with individual kits for the disposal of hygiene products.

PN Bulk has responded to pressure from the RTBU over the disgraceful state of cab toilets and will implement a plan to clean and upgrade them.

Until toilet facilities can be upgraded, PN Bulk will advise all drivers that they may stop the train at any station that’s open on a branch line and use those toilet facilities. Female drivers will also be issued with hygiene packs.

The RTBU will continue to hold PN Bulk accountable for the standard of toilet facilities in cabs until all toilets are clean, hygienic and safe.

During his recent tour of regional NSW Bob Hayden highlighted some troubling issues for drivers. The awful state of PN locomotive toilets was of concern, particularly for women drivers, more so in regional areas with PN Bulk certainly being identified as having a major problem.

Not only are the toilets used to store tools and spare parts, which is a hazard, they are obviously never cleaned, some have no toilet seats and do not have any toilet paper provided Read more »

Drivers with more than five years service at PN Rail (Intermodal and Bulk) who have left the company will now be paid pro-rata long service leave after PN tried to get out of honouring the relevant provision in their enterprise agreement.

The current EA specifies pro-rata long service leave be paid on ‘termination’ of employment.

PN tried to argue that termination under this clause only applied to Employer instigated terminations only with the RTBU arguing that it applied to both Employer and Employee terminations such as resignation

During EA negotiations, it was clearly agreed that termination of employment applied to both employee and or employer termination of employment – however when it came to paying up, PN’s two representatives in the negotiations could suddenly not remember the discussions around this provision.

A number of former PN Rail Drivers have missed out on the pro rata long service leave they are owed, due to PN’s incorrect and unfair interpretation of the agreement.

Following pressure from the RTBU, PN Rail have reconsidered its position and has now agreed with the RTBU’s interpretation of the clause and will now be contacting eligible drivers – those who have left the company since the current EA came into operation with more than five years service – to ensure they are paid their pro rata long service leave.

The RTBU will be following up with members and the company to make sure this happens.

The provision does not apply to employees who are dismissed or resigned for disciplinary or misconduct reasons.

PN Bulk drivers have finally started to receive the backpay owed to them under their Enterprise Agreement from the 16/12/2010, which is the effective implementation date of the EA.

Backpay includes base remuneration plus 3% from July 2009; 5% from July 2010 and 1.9% due in January 2011, plus overtime.

The backpay is due to the length of time it took to finalise the EA.

Further to the above and following negotiations with the Company late last week to resolve a Dispute in relation to the effective implementation date and associated payments and conditions as contained in the EA, the Company has now agreed with our claim that there are additional provisions within the EA which should be back dated from the implementation date of the EA. The additional backpay is planned to be paid in early March.