RTBU Members may have been made aware that Railtrain PTY LTD will cease as a legal entity and become Railtrain Services PTY LTD (RTS). This has caused concern for some of our Members who have asked the following questions:
What does this mean for me as a Railtrain PTY LTD Employee?
You will be offered a letter to change your employment to RTS.
Am I required to transfer?
No. However, we suggest you do so you are not out of work. Also, there is no entitlement to redundancy for casuals. If you are permanent, you are still not likely to be entitled to redundancy because they are offering you a suitable alternative role. It is best that you do agree to transfer.
What about all my entitlements, leave etc?
All your current entitlements will go across with you to RTS. So your accrued personal leave, annual leave and long service leave should all transfer across with you. If you receive any paperwork claiming otherwise please let us know.
The RTBU is currently involved in a court case with Railtrain PTY LTD. Will this impact the outcome?
Probably not. The case is against Railtrain Pty Ltd and three of its managers. If Railtrain Pty Ltd moves all its assets out and stops trading entirely (which seems likely) then the underpayments may not be recoverable from that company. However, as mentioned, the case also names three managers as respondents and, as such, we are chasing them personally for the underpayment.
What about the EA?
Until bargaining commences with the new entity (RTS) you will still work under the existing EA. As RTBU Members would know bargaining for the ‘Railtrain PTY LTD SA/VIC/TAS/ACT/QLD/NT Enterprise Agreement 2013’ began in 2017 and ceased in late 2018 due to Railtrains’ proposed re-structure.
Now that Railtrain have finally made their business changes, a new EA can start to be negotiated on your behalf.