Disappointingly, we have continued to see evasive and hollow moves from Railtrain since members and employees recently voted down the proposed Rail Shuttle Services Agreement.
In continuing efforts to bargain in good faith, the RTBU Locomotive Division again met with Railtrain Management as part of their scheduled Railtrain Hunter Port Services negotiation on Tuesday 17 August.
Railtrain continued to push the position that it wants at least three separate NSW agreements yet failed to provide any logical reason as to why.
On Thursday, after months of frustration, the RTBU Locomotive division lodged an application with the Fair Work Commission for Bargaining Orders against Railtrain. A Bargaining Order can be issued by the Commission when it is satisfied the Good Faith Bargaining requirements of the Fair Work Act have not been met after having heard arguments from the Union and its members, and the employer.
The RTBU Locomotive Division has raised with the Commission several concerns with how bargaining is progressing and that it does not believe Railtrain and its subsidiary companies have been meeting the requirements of the Fair Work Act.
Specifically, the RTBU has raised its concerns about:
1. A failure to issue a NERR to the employees covered by the scope proposed by the RTBU;
2. A perceived failure to issue a NERR to the employees who were voting on the HPS Agreement;
3. Railtrain unilaterally declaring items as closed in bargaining despite there being no agreement such items were closed, and
4. Excluding the RTBU from the bargaining process by deciding to put the HPS Agreement to an employee vote without disclosing this action to the RTBU.
The matter is listed for a telephone conciliation in the Fair Work Commission on Friday 27 August 2021.
Footnote – The RTBU Locomotive Division again met in good faith with Railtrain this afternoon in relation to Rail Shuttle Services EA. Whilst there was some change in Railtrain’s approach, they are still ignoring our request for one EA with fair and proper industry standard conditions and wages.