United we bargain, Divided we beg! – the new RailCorp / RIC EA

By Linda Carruthers, Education / Research Officer, NSW Branch, RTBU

As at the time of writing it is expected that a final package will be ready for the members to consider and vote on by the end of February 2005.

The campaign for a new enterprise agreement began when over 70 delegates representing members from every union in the industry met to develop a log of claims. They wanted a new agreement that would ensure nobody was worse off as a result of yet more upheaval in the NSW railways, following the initial findings of the Waterfall Inquiry.

Key demands formulated by the delegates included - a single agreement, covering everyone, whether RailCorp, SRA or RIC, containing all the key employment conditions that would deliver safe, secure and skilled jobs, and updated, robust consultation and dispute settlement clauses.

At every step, delegates from all the unions took leadership of the campaign - regular report backs were held, and members and the public campaigned for safe and effective rail passenger services. Unions NSW provided effective, solid coordination for the campaign. The unity and determination of the members delivered a result which was overwhelmingly endorsed by the Combined Rail Union delegates on December 19, 2004.

When the government and management launched a campaign of lies and slander aimed at isolating the drivers during the most difficult part of the negotiations, the members' united stand paid off.

This campaign of denigration and slander involved tabloid headlines such as: 'Rail workers are demanding 25% pay increases' and 'Drivers only work four and half hours a day'. And, worst of all, this gem: 'The trains are late because the drivers are engaging in industrial action' Unfortunately, the minister and senior management failed to test this last assertion in the Commission, despite being invited to do so in writing by the Rail Tram & Bus Union.

Most important, as the campaign of denigration dragged on, it was increasingly apparent that the public weren't buying the 'blame the workers' mantra developed by government spin doctors.

The most stinging rebuke to the campaign of lies and slander, was the decision of an ordinary rail commuter to demand a 'Fare Free Day' as an apology for the late running and cancellations that were a feature of the chaos resulting from the policies and approach of government and senior management.

Despite RailCorp management's attempt to portray the 'Fare Free Day' demand as a union stoppage, and despite the then Minister's attempts to involve the Commission in matters over which the Commission could not effectively intervene, (in order to pretend that the Minister was on top of the situation) the unions and the public were successful in persuading the Premier to accede to the demand for a 'Fare Free Day'.

Despite the provocations which escalated from July to November 2004, members held firm and refused to be pushed into any reaction that might provide a 'cheap victory' for a government and management determined to lay the blame for lack of investment onto rail workers.

Key features of the Proposed EA

There are a number of key features to the proposal now ready for the consideration of members. The first is that the campaign for a single agreement covering everybody has been successful. For the first time, there will be a single, multi-employer agreement covering railway workers employed in different public entities. This will ensure equity as well as improve the levels of safety in a system still plagued by fragmentation and dysfunctional management cultures.

Most importantly, salary maintenance as an enforceable industrial right, has been saved and strengthened, both for the existing workforce, and for future members. There was no 'red circling' of rights for existing members, and abandoning future workers in the industry, as proposed during the negotiations by management.

Important entitlements and working conditions that for decades have merely existed as 'policies' will now be enforceable for the first time and 'locked away' from attempts by management to change conditions by changing policies.

The agreed term will be three years. Payments will be 8% payable on date of certification, (4% of which is back-pay for the previous year) and a further 4% each year for the next two years after 2005. The agreement will expire in 2008.

Women achieved a major victory when agreement was reached to raise the current one year entitlement to maternity leave, to two years, with a guaranteed right of return to the same job.

A new and robust Dispute Settlement Procdure and Consultation clause has been agreed, and classification structures will be developed to ensure that skills and qualifications will be explicitly acknowledged and rewarded in the future. For the first time, rail workers in NSW station operations can be assessed against national standards, and have the opportunity to obtain nationally recognised qualifications in all aspects of rail operations relevant to their work.

Rostering provisions will deliver rights to members to working patterns which recognise their right to a life outside working for the railways.