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PACIFIC NATIONAL NSW MEMBERS Employee Entity Change (ex-FreightCorp)

 Members are currently receiving correspondence from Pacific National notifying them that from 1 October 2019 they will be transferred from the current PN Entity of PACIFIC NATIONAL NSW to PACIFIC NATIONAL SERVICES. 

Employees will receive a letter from Pacific National confirming the change to your employment entity effective from 1October 2019 and be asked to sign and return the letter of your acceptance. 

Under this change, all the terms and conditions as set out in your Pacific National Bulk Rail NSW Enterprise Agreement 2018 to 2022, Pacific National Intermodal Train Crew EA 2017, Pacific National AIS EA 2019 & Pacific National Intermodal Terminals EA 2018 plus that which is contained within your contract of employment will remain the same (including the conditions set out in the Deed following the sale of FreightCorp). 

With this change employees will be MOVED from the NSW Workers Compensation Act 1987 to the Safety, Rehabilitation and Compensation Act 1988 (Cth) (ComCare). 

Your Union has engaged our lawyers to provide advice for our members and have provided the following feedback: 

  • Compensation benefits under the Comcare scheme are potentially more generous than the NSW scheme. 
  • The NSW scheme is more inclusive and accepts more types of injuries as work related including injuries from “wear and tear”, journey claims and psychological injuries. 
  • The Comcare dispute resolution process is protracted and more complicated than the NSW scheme. 
  • The NSW scheme has no costs liability for injured RTBU members. 

On balance, and despite potentially greater benefits in the ComCare scheme, the state scheme in practice provides a better level of support for most injuries and most injured people. 

Members need to consider their personal circumstances as with the legal advice above. Legally we cannot stop this occurring and members need to be aware that signing or not signing must be a personal decision from each member. If your choice is to not sign the letter and front for work after the 1 October 2019, this could mean you have chosen to stop working for PN and are deemed to have abandoned your employment. 

Not a member? Then join today! This is this best opportunity for everyone to become an RTBU Locomotive Division member to achieve the best possible outcome for your Enterprise Agreement. If you have any questions, please contact your local Delegate or the RTBU Head Office on (02) 9264 3400. 

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