RTBU - PacNat Member's EBA 2005 Update Newsflash! 6

In this Edition of your EBA Update: Negotiations recommence following a 2 week break. - Details and comparison between the RTBU and Pacific National positions on key EBA issues.

Negotiations Recommence

The RTBU and Pacific National recommenced negotiations for the new Enterprise Agreement last week after a 2 week break. The 2 week break was used as an opportunity for both parties to consider their positions to be tabled on a number of issues before meeting again.

Rostering and Hours of Work have dominated the agenda for the last 4 days of negotiations between RTBU and Pacific National for a new Enterprise Agreement. Both parties have now exchanged full draft agreements disclosing all claims except proposed pay increases.

On the controversial issue of Rostering the RTBU has prepared a new draft which is based on the existing agreement, but seeks to clarify and rectify issues that have caused problems over the life of the current Agreement. For its part, Pacific National has prepared 4 new sets of Guidelines for each business unit, which it would like to sit outside the agreement. The new guidelines contain some significant changes which the RTBU believes are outside its mandate to negotiate. These provisions include:

Multi-Sector Working, the Introduction of Split Shifts, Lift up and lay back and On Call for Terminal Operators and Multiple Book-offs for Train Crew.

A detailed explanation of these proposals are included in the attached Report.

Workplace Update and Feedback Meetings

The RTBU is organising a round of workplace meetings with members to canvas your views on these and other EA issues over the next 2 weeks. More information will be provided in the lead up to these meetings.

Pacific National has tabled their position on issues they believe should be included in the next Enterprise Agreement. Some of the differences between the positions of the RTBU and Pacific National on significant issues are as set out below;

Scope

The RTBU position is that the scope of the Agreement should include Pacific National (NSW) and (ACT) employees, including supervisory and administrative employees who are eligible to be covered by the classification structures within the EBA. In addition, the RTBU position is that the scope of the Agreement should also extend to the employees of both Pacific National Tasmania and ATN Access.

Pacific National's position is that the scope of the Agreement should only extend to employees of Pacific National (NSW) and (ACT), not including supervisory or certain administrative staff. Pacific National's position is that supervisory and administrative staff should only be covered by Appointment Agreements.

This is an issue of fundamental importance to the RTBU. All Pacific National RTBU members including supervisory and administrative employees who are eligible to be covered by the terms and conditions of the Enterprise Agreement deserve the right to enjoy the same protections and certainties as other members.

Duration

The RTBU is seeking a 3 year Agreement.

The Pacific National position is that they will not make a decision on the term of the next Agreement until they know the final content of the document. The company position is that they will make an assessment on the term of the Agreement relevant to what they can "live with" and how long they are prepared to live with it.

(The RTBU has advised the company that this is an issue of the highest importance.)

Application

The RTBU position is that the Agreement should operate in conjunction with the relevant Awards. The RTBU has further stated that previous agreements, including local agreements, can only be discontinued in the manner set out in the current Enterprise Agreement.

Pacific National's position is that the new Agreement should operate in exclusion to any Award or other understandings, custom and practice or any other agreements, written or un-written, certified by the Australian Industrial Relations Commission or not. Pacific National have further stated that it is their position that the Agreement would not apply to any employee who has signed an Appointment Agreement prior to, or following the certification of the new Agreement.

(This is a substantial and significant change to the current situation where employees who are on Appointment Agreements cannot have any wages or conditions any less than in the Enterprise Agreement forced upon them.)

Contract of Employment

The RTBU is seeking provisions for labour hire personnel to have the right to be offered permanent employment if they have filled a permanent position for more than 6 months.

Pacific National has stated they are not prepared to agree with the RTBU proposal.

Career Paths and Classification Structures

This issue will be discussed in detail during the next round of negotiations.

Hours of Work

The RTBU position is that there should be 13 four weekly duty cycles for Train Crew employees. Each 4 weekly cycle should be a 152 hour cycle and any hours worked in excess of 152 to be paid at penalty rates. Hours worked on RDO's would attract stand alone penalty rates.

The RTBU position for Terminal Operators, Maintainers and Support staff is that nothing should change from the current Agreement, including the calculation of overtime at time and a half for the first three hours and double time thereafter. Pacific National's position is for Train Crew employees is a complete annualised hours concept which would dictate that overtime would not be applicable, with the exception of time worked on RDO's, until the employee has worked in excess of 1976 hours per annum. Pacific National's position for the payment of overtime for Terminal Operators, Maintainers and Support Staff is that all overtime is to be calculated at 1.7, including working on an RDO and weekends.

Salary Packaging

The RTBU and Pacific National have reached an 'in principle' agreement that salary packaging should be made available to all employees.

Leave

The RTBU position is that all Leave, including Annual Leave, Long Service Leave and Sick Leave should be credited and deducted on a days basis regardless of actual rostered hours. For example, a day of sick leave would be deducted as a day, not as the amount of hours the shift would have been.

Pacific National's position is that all Leave should be credited and deducted on an actual rostered hours basis.

(This would have the potential of employees not receiving their weeks based entitlements to Annual Leave, Long Service Leave, etc.)

Home Base and Sign On / Sign Off.

The RTBU position is that all employees should be assigned a Home Base with appropriate amenities. Further, all reference to remote sign on / off locations outside of metropolitan areas should be removed from the Agreement.

Pacific National's position is that the Home Base and Sign On / Sign Off provisions should remain in the Agreement, including remote sign on / off locations.

Temporary Transfer.

The RTBU position is that temporary transfer should be on a voluntary basis only. The RTBU has argued that there has never been an issue with sourcing volunteers for temporary transfer.

Pacific National's position is that they should have the right to direct employees to be temporarily transferred if they are unable to attract volunteers. Pacific National are also seeking to increase the length of temporary transfer to 8 weeks in any 12 month period.

Rostering Principles

The RTBU position is that the rostering principles of the current Agreement should be used as the basis for the next Agreement, but the focus should be on addressing the issues that have caused significant disputes. These include, the treatment of DFP's, the application of duty cycles and the development and application of Master and Working rosters. Further details of the RTBU rostering principles proposals will be conveyed to members during planned workplace meetings.

Pacific National have stated that their position on rostering is that rostering 'guidelines' should not be included in the Enterprise Agreement, but should be a matter of policy. The company has also previously stated that it is their intention to have separate rostering guidelines for each Business Division.

During the recent negotiations Pacific National tabled the details of their 'Rostering Guidelines' proposals for each Business Division. Pacific National representatives gave presentations of each of the business division rostering guidelines. Below is a brief overview of some of the significant parts of their proposals.

It should be noted that the RTBU advised the company that whilst it is accepted that it is the company's prerogative to present their proposals in any way they see fit, the RTBU's position is that all matters of rostering should be included in the Enterprise Agreement, and should not be separated into Business Divisions. The RTBU advised that it would respond to Pacific National's rostering proposals on the basis that the RTBU proposal would be a single proposal for all employees, regardless of which Business Division they are in.

Key Points of Pacific National presentations / proposals.

Train Crew Employees

Pacific National will provide as many whole weekends off as possible and, subject to business needs, will attempt to roster an average of at least one weekend off in every four over the annual hours of the work cycle.

Roster Changes

Where a working roster or daily work plan has been posted and a change is required, Pacific National will give minimum 12 hours notice.

DFP's can be altered to working time.

Shift Lengths

Shift lengths will be 9 hours for DOO Mainline, 12 hours for DOO Terminal, 11 hours for one Driver and one non qualified Driver and 12 hours for two qualified Drivers. A Driver learning the route or being assessed for route knowledge or competency is deemed to be a qualified Driver.
Minimum shift length of four hours. Home passenger shifts where crews self drive will be maximum 12 hours.

Barracks Working

Train crew may receive 12 hours notice of Barracks Working Advice.

Train crew may be required to travel further from their home depot after resting at barracks and sign off at another barracks location.

Barracks detention to commence from the 16th hour.

On Call and Call Out. (Except Intermodal)

Employees may be required to be rostered for 'On Call' shifts. If the employee is called out they may be required to complete a shift of up to 17 hours (including the on call shift). Employees will be required to be available to commence duty within 2 hours of being called out.

Temporary Deployment

Employees may be temporarily deployed to other locations where Pacific National requires.

Split Shifts. (Intermodal Only)

Employees may be required to work a shift in two parts totalling a maximum working time of 12 hours over a 16 hour span and lift up and lay back provisions may apply.

Relay Working. (Intermodal Only)

Employees will receive 100% credit to hours for all time on the train except rest periods.

Multi Sector Working. (Intermodal and Rural and Bulk)

Employees will be rostered in a three crew configuration, with one driving, one resting and one sleeping. The three crew will remain with the train for its entire destination e.g. Sydney to Perth or Melbourne to Brisbane, etc.

Terminal Operators / Maintainers / Support Staff

Rostered Days Off

Pacific National will provide as many whole weekends off as possible. Pacific National will attempt to roster an average of one weekend off in four averaged over the annual cycle of hours, subject to business needs.

Shift Lengths

Terminal Operators, Maintainers and Support will have a 12 hour maximum shift limit and a 4 hour minimum shift limit.

Intervals Between Shifts

The minimum interval between shifts will be 11 hours, except when changing shifts, when the minimum interval may be reduced to 8 hours.

Lift Up and Lay Back

Terminal Operators and Maintainers shifts will be subject to Lift Up and Lay Back provisions.

Split Shifts

Employees may be required to work a shift in two parts totalling a maximum working time of 12 hours over a 16 hour span and lift up and lay back provisions may apply.

On Call

On call means an employee who has been directed by their manager to be available for recall to duty outside of their normal rostered hours.
It is worthy of re-stating that Pacific National has stated that it is their preference that the rostering principle proposals highlighted above would not be part of the Enterprise Agreement document, but would instead be a matter of policy for the company.
Members should also note that the proposals highlighted in this document are a broad overview of some of the more significant components of Pacific National's rostering proposals.

None of Pacific National's rostering principle proposals have been agreed.

Further Information

If you would like any further information regarding the EBA negotiations, please contact your local RTBU delegate, your respective State Branch or the National Office.

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