A.R.G. (ASR SA & NT) EBA RTBU NEWS BULLETIN NO. 1

NEGOTIATIONS KICK OFF

The RTBU negotiating team consisting of National and Branch Officers together with delegates Bill O'Reilly (Port Lincoln), Sandy Walker (Thevenard), Reg Harris (Whyalla), Dave Yelland (Adelaide) and Peter Coffey (Port Augusta) meet with ARG representatives in Adelaide on 9 and 10 September to commence negotiations for a new EBA. The current 3 year agreement expires on 30 September.

Members Drive the EBA:

The RTBU forwarded to management three weeks ago an extensive log of claims, which had been drawn up following consultation with members and a two-day seminar held in Whyalla. The current ASR operations are a complex mix of different railway operations ranging from the contract to operate Blue Scope Steels' iron ore and steelworks operations at Whyalla, to extensive narrow gauge grain operations on the Eyre Peninsula and the recently opened Alice Springs - Darwin railway.

What unites all ASR workers is to move from the lowest wages and conditions for a major operator in Australia. The privatisation of Australian National to an American regional operator coupled with Howard's anti union laws initially combined to deal a body blow to wages and conditions and members are determined to claw back improvements. This has been partially recognised by management as the realities of an acute driver shortage mean unless change takes place other companies will continue to strip drivers out of the company.

ARG Moves to Become a National Force in the Railway Industry:

The rail industry in Australia is being dominated by the big companies with recent takeovers of TasRail and Freight Australia by Pacific National. The RTBU has recently negotiated eba's with ARG in WA and NSW. These negotiations will provide a springboard for many of the conditions to be applied to our members as ARG is agreeing with the RTBU that many conditions and personnel policies have national application.

Progress:

This week's negotiations focussed on many conditions clauses on which "in principle" agreement could be reached. Essentially these are the one's which apply to all ARG workers across Australia. They include:

• Forms of employment - the predominant form of employment is to be full time. This follows the recent agreement to convert casuals to permanent employees. Other sub clauses will relate to probationary employees, part time employees, fixed term and casual employees. The RTBU claim for labour hire employees to have similar wages and conditions is not agreed to at this stage.
• Redundancy - current is a maximum of 8 weeks pay for continuous service of 4 years and over. Proposed - 3 weeks pay for each completed year of service with no cap.
• Transmission of business - provides for protection of wages and conditions if the business or part of the business is sold.
• Transfer and Promotion - further discussions, RTBU is arguing for it to be voluntary with a rotating expenses list and subject to accommodation standards, suitable expenses, maximum periods and employees specific needs eg aged care responsibilities.
• Promotion - existing employees to be given the first opportunity
• Disciplinary Matters - detailed clause with hierarchy of measures with provision that "employer must apply the principles of natural justice" and will include ability to have a representative present.
• Stand Down - RTBU opposes as a matter of principle. Applies when employee cannot be usefully employed. Union argues for greater protection for employees interests eg ability to gain alternative employment elsewhere, access to accumulated leave etc.
• Working Hours - currently provides for 84 hour fortnight. RTBU claim is for 76 hour fortnight. ARG has offered 80 per fortnight. Further detailed discussion relating to DOO and remote control, daily hours to occur.
• Aggregate Salary - what's to be included? The RTBU has claimed that employees who work Sunday and Saturday, as part of their ordinary hours shall be paid an additional payment of 0.7 times the ordinary rate of pay. The current aggregate assumes employees work the same amount of Saturday and Sundays and payment is averaged across the company. As has occurred in other rail companies the RTBU has argues that getting paid on the basis of work performed is more transparent.
  The company has accepted this and it is proposed that these penalty payments stand-alone. The annual leave loading of 1.9%, shift work allowances, tonnage and distance payments and 5% for DOO would be included in the rate. The RTBU has claimed the aggregate rate of pay shall attract percentage allowances of the ordinary rate of pay of 4% for DOO shunt and 13% for DOO mainline. The company will respond at the next meeting.
• Rosters - This a major claim as rosters are at the heart of having a family and social life. The current EBA provisions says "the Company will use its best efforts to develop a master roster for permanent employees that allows for two consecutive shifts off a fortnight including one weekend off per month".
  Our experience has been that the best efforts didn't come to much and only recently has widespread permanent employment been achieved. The RTBU has presented detailed Train Crew rostering principles. Members are requested to examine them in detail and provide your comments to the Union.
• Additional Hours - Overtime Payments - In principle agreement for additional hours to be paid at the overtime rate of 1.7 times including time worked in excess of the rostered hours for the shift and time worked on a designated Rostered Day Off which is to be paid on a 'stand alone' basis.
• Expenses - When employees are required to book off away from home Station the RTBU's claim is to increase the current $13 for each 8 hours to $20.75 - agreed in principle. The RTBU has expressed concern at the "Jacuzzi" style facilities at some barracks and further discussions about upgrades will occur.
• Salary Packaging - Agreed to in principle .
• Superannuation - The current arrangements only make provisions for the Mercer Retirement Trust - this will be expanded to cover other funds.
• Safety/Profit Sharing-This clause will not be included in future agreements. It has caused considerable disaffection amongst employees. In the unions view safety and profits sit uneasily together. In future profit sharing will be paid outside the EBA. Our preference is to have increases paid on existing rates and conditions rather than one off payments.
• Long Service Leave - The burning issue is LSL for casuals. The RTBU has made a detailed submission for casual's service to be counted. ARG are considering our submissions and will respond.
• Other Leave - New provisions for paternity (max. of 52 of which one week paid) and paternity and maternity (max. of 52 weeks of which first 12 weeks paid). The EBA will include provisions for Defence Force Reserves and Emergency Services Leave eg State Emergency and Bush Fire Service.
• Fatigue Management - This is a very serious issue for train crew as there have recently been several incidents of drivers being so tired because of long shifts that they have been unable to self-drive home. The EBA will include these provisions.
• Dispute Settling Procedures - Will include provision for Arbitration by the Workplace Relations Commission.
• Workplace Delegates and Workplace Relations Training -The EBA will include recognition of workplace delegates and allowing them reasonable time during working hours to consult with union members and for employees nominated by the RTBU being given paid leave to attend workplace relations training courses.
• Classification Structures and National Competency Based Training Clauses - will be included in the EBA
• Passive Time to be Abolished - The current agreement provides time not spent on duty without being involved in rostered working or throttle time eg car driving shall not be used for calculation of overtime - this provision will be abolished.

Next EBA Negotiations have been Scheduled for 28 and 29 September in Adelaide

It is extremely important for members to understand and support the RTBU's claims. The outcome of these negotiations will require your approval. We are determined to improve the wages and conditions of members and improve the family and social life of members working in South Australia and the Northern Territory. Support your delegates in their campaign to improve our EBA. If you have any enquiries do not hesitate to contact your delegate or Branch Secretary Ray Hancox.

If you would like to receive future additions of the eba newsletters. Please forward your email address to: theteam@artbiusant.org.au.